Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the …show more content…
81). Section 35 of the constitution states the rights of Aboriginal Canadians. The specific sections that are important to this argument are Section 35(1) and 35(3) because they are the only sections in the constitution that explicitly acknowledge aboriginal treaty and land claim rights. The exact interpretation of what is encompassed as an aboriginal constitutional right has come under question in a number of cases which include Sparrow v. The Queen and where it is stated that these rights must be “interpreted flexibly so as to permit their evolution over time,” (Manus, 2006, p. 6-7). However, while flexibility is important to the interpretation of aboriginal rights it is insufficient in ensuring that protection of those rights in all cases, as the courts may chose to interpret these vague constitutional laws in various ways. This is evident in the Van der Peet Court ruling which “reduced the concept of aboriginal rights protection from one under which courts must acknowledge and protect an indigenous culture to one under which courts scrutinize individual tribal practices,” (Manus, 2006, p. 14-15). In essence, the exclusion of aboriginal rights that explicitly acknowledge the intimate relationship First Nations share with the land leave too much room for these laws to be interpreted in a manner that may work against indigenous peoples interests. Furthermore, while Canada’s constitution falls short in this respect, the United Nations
Throughout the 1950’s and 1960’s Canada achieves it’s ‘just society” by developing equal and fair rights through collective rights for some of its most affected groups. Canada achieved its goal in becoming a just society by amending the collective rights of the Aboriginals. Since Confederation the Federal
Political Scientists, Thomas Flanagan and Roger Townshend explain the key to the big question: “Can a Native State Exist Within a Canadian State?” in the readings: “The Case for Native Sovereignty” and “Native Sovereignty: Does Anyone Really Want an Aboriginal Archipelago?”. The essay will outline and provide evidence to both sides, whether there could or could not exist a Native State in Canada. The document will argue that Natives are not organized enough to form their own government. Throughout the decades, Natives have agonized many savageries at the hands of the European settlers. The essay will take Flanagan’s side with the belief that Natives should not be sovereign, using the textbooks “Principles of Comparative Politics”, and
One of Canada’s priorities in regards to Arctic Sovereignty should be to protect the Inuit people not only because they are experiencing a loss in culture, but the Circumpolar Inuit Declaration on Arctic Sovereignty also declares that the Inuit have rights to the resources and the land upon which they live on.
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
Second, Canada’s First Nations’ plight can be improved through self-governance. According to Pocklington, “For several years, Canadian aboriginal leaders have been demanding the recognition of a right of Native self-determination and thereby, for the aboriginal collectivities that choose it a right of self-government” (102). Aboriginal self-governance is a controversial issue in Canada. Before researching the issue I believed that self-governance would deter national unity, after further investigation, I presently believe that the claim for Aboriginal self-governance is justifiable. Although, according to Blakeney, “It will be a real challenge to make effective
Thomas Flanagan disapproves the idea of Native sovereignty ever coexisting with Canadian sovereignty. Flanagan identifies the flaws in Townshend’s arguments referring to them as a theoretical approach and not a practical approach. It is true that the sharing of jurisdictional power is the essence of the Canadian state but this cannot apply to the Aboriginals of Canada. One reason a third level of government cannot work in Canada is “In the 10 provinces, Canada has over six hundred Indian bands living on more than 2200 reserves, plus hundreds of thousands of Métis and non-status Indians who do not possess reserves,” (Flanagan 44). Flanagan draws the fact that “No one has proposed a workable mechanism by which this far-flung archipelago could
Aboriginal people represent less than 3% of the total population in BC. Yet, they account for more than 9% of all suicides in BC (Chandler). The numbers of suicides amongst aboriginal youth are even more alarming – nearly one-fourth of all youth suicides in BC are committed by aboriginals and more than half of all aboriginal suicides are committed by youth (Chandler). The fact that indigenous communities in Canada have the highest rate of suicide of any culturally identifiable group in the world implies that these alarming statistics may not solely be a result of aboriginal communities belonging to a minority cultural group. I will attempt to build a speculative hypothesis behind the significantly high suicide rates amongst aboriginal
Over the past decades, Aboriginal people (the original people or indigenous occupants of a particular country), have been oppressed by the Canadian society and continue to live under racism resulting in gender/ class oppression. The history of Colonialism, and Capitalism has played a significant role in the construction and impact of how Aborignal people are treated and viewed presently in the Canadian society. The struggles, injustices, prejudice, and discrimination that have plagued Aboriginal peoples for more than three centuries are still grim realities today. The failures of Canada's racist policies toward Aboriginal peoples are reflected in the high levels of unemployment and poor education.
In 1886 during a speech in New York future President Teddy Roosevelt said; “I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of every ten are, and I shouldn't like to inquire too closely into the case of the tenth.” Though this was over 250 years after Jamestown and almost four decades after the Trail of Tears Teddy Roosevelt’s attitude toward Native Americans in the late 19th Century seems to have changed little from many of those men and women who first colonized America. After hundreds of years of violence, discrimination and forced assimilation the Native American culture remains endangered and continues to suffer from higher rates of poverty and social distress than any other minority
Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)
There have been many significant cases that have dealt with the issue of jurisdiction. Among these cases was the Sparrow case of 1990. The Court determined that “Aboriginal Rights were constitutionally protected, and that those rights can only be extinguished with First Nations consent.” Moreover, the Court ruled that “Aboriginal rights could only be limited with justifiable reasons and that Aboriginal rights have to be interpreted in a generous and liberal manner.”
Conflict between Canada and the First Nations has been going on since the Europeans first arrived. After their arrival the First Nations way of life was hindered severely; The Europeans brought many diseases that the Aboriginal people were unfamiliar with and had no resistance to, or cure for. “By the 16th century about 80% of Canada's Native population had died from the various diseases (Renneboog, 5).” The Europeans also came to Canada with the intentions of taking all of the land for themselves, disregarding the people who occupied the land before them. Over time the Europeans had manipulated the First Nations to their will and the Aboriginals were discriminated for their different complexion, culture, customs, and way of life. But
Canada is a nation of opportunity and freedom. People from all around the world immigrate to Canada to start a new life, to get away from war or poverty. Canada opens their arms to them and accepts them, and gives them money to get them started. But how about those who were here from the very beginning, before anyone else landed in Canada; the ones that are called First Nation people, or Aboriginals? What is the government doing for them? Why are First Nations people suffering the worst in Canada? “55.6% of the poor are aboriginals and a lot of them live in reserves around Canada that Canadian government have put them in. For those who leave the reserves to get a better living the suffer from racism from Canadian society” (“Aboriginal”).
Indigenous people take up a big role in world, in subjects like human rights, governance, cultural and linguistic diversity and environmental protection. Indigenous people in Canada share their knowledge and experiences with other Indigenous groups, states and International organizations around the world. In doing so the Canadian government fully supports these steps. Not a lot of people know there is over “three hundred seventy million Indigenous people in more than seventy countries around the world” (Canada website). The government of Canada has introduced many Indigenous issues or activities to institutions like the United Nations (UN), the Organization of the American States (OAS) and many other multilateral and bilateral institutions. Government of Canada’s goal is to work on a international level to get Indigenous people their rights. To do so the Government of Canada is working with many Indigenous organizations like Assembly of First Nations, the Congress of Aboriginal Peoples, Inuit
The Indian does not exist. It is an imaginary figure, according to Daniel Francis (The Imaginary Indian), invented by Europeans that originated in Columbus's mistake, as he believed he had landed in the East Indies, and developed into fantasy. "Through the prism of white hopes, fears and prejudices, indigenous Americans would be seen to have lost contact with reality and to have become 'Indians'; that is anything non-Natives wanted them to be," (5). Thus they were attributed a wide range of conflicting characteristics, simultaneously seen as noble savages, full of stoicism, the last representatives of a dying race and blood-thirsty warriors, void of emotion and dull-witted, reflecting European