On behalf of the Qu'Appelle Union,
Chief Henry Johns (Agecoutary), 1948
Overview
This unit provides a framework for gaining insight into the Canadian Aboriginal and Treaty rights. A perspective expressed by the Union of B.C. Indian Chiefs captures a common Aboriginal perspective towards Treaty rights in Canada:
"Indian rights to land, resources, culture, language, a livelihood and self-government are not something conferred by treaties or offered to Indians as concessions by a beneficent government. These are the rights which Indian Nations enjoy from time immemorial."
Goals for the Native Studies program stress an appreciation for Aboriginal beliefs, practices and perspectives, particularly the common respect for the land. Spiritual beliefs continue to give meaning and direction to all activities in traditional cultures. For many, these beliefs and practices have as much meaning today as they had in the past. Common elements of Aboriginal knowledge and philosophy provide a pivot from which Aboriginal and treaty rights may be examined.
The negotiation of treaties between the First Nations and the Crown dates back to the 18th century. The Royal Proclamation, 1763 established rules for negotiation of subsequent treaties and prevented people from negotiating land deals with First Nations people without authority from the British Crown. The Royal Proclamation also affirmed that Aboriginal title existed. After Canada purchased the Hudson's Bay Company in the west, government officials saw the necessity of negotiating treaties to open the region for settlement. From 1871 to 1921, eleven numbered treaties were negotiated.
On April 17, 1982, the rights of the Aboriginal peoples of Canada received constitutional recognition in section 35(1) of The Constitution Act, 1982.
Aboriginal rights are those rights which peoples have due to traditional use and occupancy of land. These rights encompass all aspects of life, including culture, land and traditions.
The term treaty rights refers to those guarantees explicitly and implicitly agreed upon through the treaty process. Under the terms of treaties, First Nations peoples agreed to share the land in return for specific rights. Those leaders who provided signatures on the actual treaty document noted that they were not signing the treaty for themselves, but rather for the children of future generations.
While existing Aboriginal and treaty rights are protected under Canada's Constitution, they are subject to government regulation. It is significant to note that there are fundamental disagreements between Aboriginal peoples and various levels of government as to what Aboriginal and treaty rights include and to what extent they may be realized.
Foundational Objectives
The foundational objectives are to guide student achievement in three areas:
Knowledge
Values
Skills/Processes