Key Understanding: The nature of traditional leadership.
Traditional Aboriginal leadership grew out of social systems organized around extended kinship groups whose relationships and duties were defined by custom. Equality between men and women was apparent in most communities and the role of Elders was central. There are many types of leaders:
Provide opportunities to explore the contributions of historic leadership in Canada. Leaders such as Poundmaker serve as role-models for further study. Poundmaker (1842-1886) was a Cree leader who was present at the signing of Treaty Six and implicated in the troubles of 1885. See Saskatchewan Indians and the Resistance of 1885, and John Tootoosis, a Biography of a Cree Leader.
Key Understanding: The nature of traditional governments and decision-making processes.
Review the following terms:
Government: A system by which a political unit is governed.
Hierarchical: A system which ranks persons and things in order of perceived importance and worth.
Egalitarian: Full political and social equality for all.
Consensus: General Accord, group agreement.
Caucus: An Algonkian word that describes a meeting of council to make policy decisions and select leaders.
Sovereignty: The authority and power to be self-governing and independent.
Traditional First Nation's Government:
When Europeans first came to the shores of North America, the continent was occupied by a large number of sovereign and independent Aboriginal peoples with their own territories, laws, and forms of government:
Examples of Traditional Systems of Governance:
Saulteaux/Plains Ojibwe Government
Okitsita were a group who assisted the chief and maintained order in camp.
Pipaginini was the camp crier who made announcements in camp.
When examining material such as "Social Structure" from Reprints in Anthropology, teachers should be aware and caution students that the author is examining a culture from an ethnocentric point of view and may not have accurately interpreted or understood the practises of which he writes. It is also not known how wide spread these practises were amongst the Plains-Ojibwe.
Key Understanding: Understand the nature and basis of Métis systems of governance.
The beginnings of Canada are intertwined with the birth of the Métis nation. As descendants of the First Nations peoples, the Métis have Aboriginal rights. However, the struggle for recognition of these rights has been ongoing throughout the history of Canada, continuing to contemporary times. One of the first indications of the Métis peoples' assertion of the right to self-determination is demonstrated in the rules of the camp government.
Métis Camp Government
The fur trade and the establishment of the Canadian railway brought about changes and opportunities for Métis peoples. The history of the Métis peoples is so closely intertwined with the fur trade that issues must be examined in consideration of the fur trading companies. The Hudson’s Bay Company and the North West Company both sought to control the fur trade in the North West. The Métis were heavily involved in the ensuing conflict on both sides of the issues.
In 1828, Cuthbert Grant was named "Warden of the Plains," In 1869, a provisional government was established by the Métis people of the North West under the leadership of Louis Riel. At the time, the community of Red River was composed of four divergent groups, the Métis, the Canadian Party, the Orangemen and the Protestants. However, the democratically elected government of the Red River stood out as a model for others. A Bill of Rights, consisting of nineteen articles was established by the provisional government seeking provincial status. This Bill of Rights eventually formed the basis of the Manitoba Act. In 1872 at a winter camp of Métis in the community of St. Laurent, a public assembly was held to identify a system to keep order in the absence of any form of government in the area at the time. In 1873, Gabriel Dumont was elected President and a council of eight were chosen to assist him, forming one of the first Métis governments in Canada.
Key Understanding: The impact of colonial rule on authority and sovereignty of traditional Aboriginal governments.
Civilization: accumulation of the traditions and culture of a people; their ability to express civilization in a variety of ways--in dance, music, philosophy, art, law, religion and storytelling.
Colonialism: the process of one sovereign nation asserting control over another sovereign nation without informed consent of that nation.
Sovereignty: the authority to override all other authorities.
Identity: the community self-definition in the creation of a distinctive identity among Aboriginal peoples.
Institutions: the structures of government present in the community, and the acceptance of the principles which underlie their existence.
Interactions: the pattern of interaction between the Aboriginal community and other communities, later the `state'.
North and South America were inhabited by diverse civilizations, which ultimately endured colonialism by newcomers. International laws confirm the right of indigenous nations to maintain their own traditions and culture. Each nation exercised self-determination within its own lands and boundaries and under its own sovereignty. As self-governing nations, laws were made and enforced. These included laws governing use of the land and its resources.
A key concept of European imperialism was the doctrine of discovery. Upon the "discovery of a new" territory, the newcomers assumed they could obtain title to the "discovered" land. This ignored the principle of long possession applicable to Indigenous peoples. European nations, assumed political control of nations without acknowledging existing social orders. Traditionally Indian leaders were servants to their people. However, under colonial structures, based on hierarchical authority Indian leaders were cast in the role of managers of their people.
A second concept of imperialism was that of trusteeship. The Europeans considered themselves better able to look after the affairs of Indigenous peoples. This concept justified a takeover of Indian peoples' lives and lands. This responsibility was vested in the British Crown with the enactment of the Royal Proclamation, 1763.
Since the first contact between European peoples and the Indian peoples, the relationship between governments has generally evolved through several distinct stages (dates are approximate).
Proclamation of 1763 the relationship was characterized by partnership based upon trade and military alliance.
Key Understanding: The effects of The Indian Act.
The Indian Act as a distinct piece of legislation first came into being in 1876. The creation of The Indian Act in 1876 was essentially a process whereby previously scattered Indian legislation was brought together under one act. The Indian Act regulates all aspects of Indian life. The 1985 version of the act contains 122 sections, grouped into general topics as follows:
| General Topic
Interpretation (Definitions) Administration [of Act] Application of Act Definition and Registration of Indians Reserves Possession of Lands in Reserves Trespass on Reserves Sale or Barter of Produce Roads and Bridges Lands Taken for Public Purposes Special Reserves Surrenders and Designations Descent of Property Wills Appeals Distribution of Property on Intestacy Mentally Incompetent Indians Guardianship Money of Infant Children Management of Reserves and Surrendered and Designated lands Management of Indian Moneys Loans to Indians Farms Treaty Money Regulations Elections of Chiefs and Band Councils Powers of the Council Taxation Legal Rights Trading with Indians Removal of Materials from Reserves Offenses, Punishment and Enforcement Enfranchisement (Sections repealed, no longer applicable) Schools | Section
2 3 4 5-17 18-19 20-29 30-31 32-33 34 35 36 37-41 42-44 45-46 47 48-50 51 52 52.1-52.5 53-60 61-69 70 71 72 73 74-80 81-86 87 88-90 91-92 93 94-108 109-113 114-122 |
It should be noted that the numbers of sections and subsections in legislation often change when laws are amended. In some cases, the numbering in revised statutes does not match that of previous legislation in any respect.
While a detailed study of The Indian Act would take considerable time, it is recommended that a selection of sections, both historical and current, which demonstrate how the Act impacted on all aspects (economic, political, cultural, educational, and personal) of Indian life, be studied.
Cultural Aspects
Despite the sweeping provisions of The Indian Act, 1876, Indian Affairs officials were increasingly frustrated by the lack of success of these policies and the continued adherence of Indians to their cultural practices. At the urging of Indian Commissioner Edgar Dewdney, The Indian Act was consequently amended in 1884. It became possible to impose a ban on the potlatch and tamanawas dance of the Pacific coast Indian peoples. The revised legislation was also used to stem growing unrest among the Indian population of the western interior by limiting access to ammunition and making it illegal for anyone to incite Indians (as well as non-treaty Indians and Métis) to disturb the peace. (De Brou and Waiser, 1992, pp. 135-137).
The cultural amendments to the 1884 Indian Act proved ineffective. Clergymen and department officials complained about the continued practice of cultural traditions. In 1895, Ottawa rewrote the section to make wording and intent more precise, as well as to bring other dances and ceremonies under prohibition. Nonetheless, these sacred activities continued, to a lesser degree, as Indians either ignored the prohibition or found a way around it. (De Brou and Waiser, 1992, p. 167)
Indian Amendment Act, 1895
"114. Every Indian or other person who engages in, or assists in celebrating or encourages either directly or indirectly another to celebrate, any Indian festival, dance or other ceremony of which the giving away or paying or giving back of money, goods or articles of any sort forms a part, or is a feature, whether such gift of money, goods or articles takes place before, at, or after the celebration of the same, and every Indian or other person who engages or assists in any celebration or dance of which the wounding or mutilation of the dead or living body of any human being or animal forms a part or is a feature, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding six months and not less than two months..."
Personal Aspects
Sections 79 and 83 of The Indian Act, 1876 provided for the fine or imprisonment of anyone who provided an intoxicant to an Indian or non-treaty Indian, or any Indian or non-treaty Indian person who was in possession of an intoxicant. The Act also gave the power to arrest any Indian or non-treaty Indian, found in a state of intoxication, and to be automatically jailed without due process of law, held until he was sober, then brought before a magistrate where he could be fined or jailed. Section 93-96 of The Indian Act, 1951 also made provisions for penalties for being intoxicated and for the sale of intoxicants.
Educational Aspects
Sections 114-122 of The Indian Act (1985) allow the Minister to provide educational services to Indian students from ages six to eighteen who are living on reserve or Crown land. In addition, post-secondary education is available through grants made to certain eligible Indian students. Under the terms of The Indian Act, the Minister responsible for Indian affairs has influence over most schools where students attend and over the nature of contents of any education agreement.
Nonetheless, since the 1972 position paper by the National Indian Brotherhood, there have been many changes and progress has been made. In 1973, the federal government reached an agreement with the National Indian Brotherhood to transfer control of Indian education to Indian people. Despite this agreement struggles still go on over a legal basis for the transfer, funding arrangements, and parameters of decision-making authority.
Political Life - Status and Band Membership
Since 1850, the federal government has enacted legislation to define and determine Indian status and band membership. Over the years, amendments to this legislation, which became known as The Indian Act, have significantly changed the ways in which status and membership are determined.
Historical Legislation: 1850-1951
1857
1869
1876
1951
Current Legislation: 1985 (For complete and exact text, refer to The Indian Act, 1985)
Section 6 - Eligibility for Registration
Section 10 - Band Lists
Major Impact on entitlement rules and procedures:
Political Life - Election of Chief and Council
Refer to sections 74-80 Elections of Chiefs and Band Council and sections 81-86 Powers of the Council.
Political Life - Election of Chief and Council
Key Understanding: The relevance of the constitution of Canada and Aboriginal rights.
A Political Chronology:
1763 Royal Proclamation
1867 British North America Act, 1867
1876 The Indian Act
1969 White Paper
1982 Constitution Act, 1982
Post-Confederation Period:
At the time of Confederation in 1867, the new federal authority was given legislative responsibility of "Indians and lands reserved for Indians" (Section 91 (24) of the British North America Act, 1867). A 1939 Supreme Court decision extended this to cover the Inuit. The aim was to effect a transition from the Indigenous way of life to that of the non-Indigenous majority. The assumption was that Indian peoples required not only assistance, but protection in making the transition. In 1868, the Dominion embodied this policy in legislation which, along with other pieces of legislation passed in the 1850s, formed the basis of the consolidated Indian Act, 1876. A key provision of the 1876 Indian Act was "enfranchisement", a concept that reflected the desire to assimilate Canada's Indigenous population. It was a process whereby an Indian person gave up status for a variety of reasons. A 1933 amendment forced enfranchisement for those Indian peoples meeting the qualifications set out in the Act.
With the 1870 acquisition of the Hudson's Bay Company territories (Rupert's Land and the Northwest), the government found itself with a vast territory having few Aboriginal inhabitants. The response was the extension of older policies into the new territories. Beginning in 1871 and ending in 1923, a new series of 13 treaties transferred Indigenous land rights to the Crown. In return, the Indian peoples received annuities and lands reserved for their use. Agricultural implements were provided or promised. The government also undertook to educate Indian peoples for this new role.
In the late 1940s, during hearings of a joint Parliamentary committee into revisions to The Indian Act, Indian leaders forcefully expressed their peoples' desire for equality and maintenance of their cultural heritage. Despite this, when The Indian Act was revised in 1951, it did not differ greatly from previous legislation although some restrictions were removed. Despite a repressive Indian Act, some social and economic advances were made by the 1960s.
1969 White Paper and Beyond:
A White Paper (legislative proposal) on Canadian policy towards Indian peoples was tabled by the federal government in 1969 under the Trudeau administration. It called for more complete integration of Indian peoples in the Canadian cultural mosaic while preserving some
of the unique aspects of Indian peoples' lifestyles. Indian spokespersons rejected the proposals and produced the "Red Paper" fearing that the special status of Indian peoples might be jeopardized. In 1970, the government withdrew the White Paper; however, it fanned the spark of Indigenous nationalism. Indigenous leaders across the country were united in a reaffirmation of their uniqueness.
During the 1970s and early 1980s, the federal government pursued a policy of re-establishing Indian control over the affairs of Indian communities. Apart from a failed attempt by a joint Indian Brotherhood/Cabinet Committee to amend The Indian Act in this direction, the process consisted largely of transferring the responsibility for administering government programs and services to Indian band councils (devolution). While this made the delivery of programs more responsive to community needs and helped to develop administrative and management personnel and structures in communities, it only provided limited authority and flexibility, in designing and managing programs and services. During this period, there was some expansion of Indian peoples' business activity. At the same time, there was a large increase in Native land claims in the form of "comprehensive claims" (those claims based upon Aboriginal title arising from traditional Indigenous use and occupancy of the land, usually where treaties do not exist) or, "specific claims" (those claims which are based upon lawful obligations), for example from historical wrongdoing on the part of the Crown related to administration of land, assets or unfulfilled treaty entitlements.
Since the mid-1970s, comprehensive land claim settlements, often called "modern-day treaties', have been concluded with the Cree, Naskapi and Inuit of Northern Quebec and with the Unuvialuit of the Western Arctic.
Constitutional Discussion and Self-Government:
By the early 1980s, attention had shifted to constitutional issues motivated by repatriation of the Constitution in 1982. The Constitution Act of 1982 recognized and affirmed existing Aboriginal and treaty rights and established a process for further discussions on self-government and other Aboriginal issues through a series of First Ministers Conferences . It defines Canada's "Aboriginal peoples" as Indians, Inuit and Métis.