Aboriginal Peoples: Rethinking the Relationship

Chelsea Gabel

Health, Aging and Society Department

Department of Political Science

McMaster University

March 11th, 2013

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Discussion Question Should a state provide preferential support for

services on the basis of ethnicity?

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Discussion Questions Should a state provide preferential support for

services for Canadian Aboriginal peoples? Should it matter if you live on or off reserve?

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Discussion Question Should Canadian Aboriginal Peoples be

included under the umbrella of multiculturalism?

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Aboriginal Peoples and Multiculturalism First, Aboriginal peoples exist outside of multiculturalism

because their inclusion would fail to recognize their unique claims.

Second, Aboriginal groups were marginalized because their cultural practices left them outside of mainstream society and its accompanying rights.

Third, the urban transition of Aboriginal groups impacts on their collective capacity and accentuates their marginalization to the extent that these groups are essentially communities in crisis rather than the cultural communities that multiculturalism applauds.

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Class ObjectivesWho are Canada’s Aboriginal Peoples?

Framing the Problem

The Politics of Reconciliation

Duelling Discourses: Two Models to the So Called “Indian” Problem”

Citizens Plus: A Third Model?

Aboriginal Self-Governance

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Who are Canada’s Aboriginal Peoples?

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Canada’s Aboriginal PeoplesTerms used to categorize Aboriginal peoples include:

IndianNativeStatus IndianAboriginalTreaty IndianNon-treatyC-31sNon-statusInuitMetisFirst NationIndigenous

All these terms are legalistic divisions rather than cultural or national distinctions 4

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Categories of Aboriginal PeoplesStatus Indian

Membership to status Indian is defined:

• Admittance to a general registry in Ottawa• Affiliation with one of 633 bands• Entitlement to residence on band

Non-Status Indian• Persons of Aboriginal ancestry are classified as non-status if

their ancestors failed to register under the Indian Act, signed a treaty with federal authorities or were taken off the register and enfranchised for some reason

• They do not live on reserves• They are scattered in small towns and large cities across Canada

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Categories of Aboriginal PeoplesMétis

• They comprise the offspring (and descendants) of mixed European-Aboriginal unions

Inuit• They enjoy a special relationship with the government but never

signed a treaty arrangement or registered under the Indian Act• At local levels they are governed by municipal councilsInuit interests at national level are represented by the Inuit Tapirisat

of Canada

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Urban Aboriginal PeoplesReasons for migrating to the city are numerous but often reflect push factors (lack of resources, opportunity and excitement) and pull forces related to employment, education and lifestyle

Structural, social and cultural factors are also important

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Framing the Problem

Policy ProblemAboriginal Peoples have experienced poorer health status than the majority of Canadians.

- Chronic diseases - Cancer

- Mortality - Cardiovascular disease

- FASD - Diabetes

- Infectious disease (TB, STDs, AIDS) - Arthritis

- Suicide rates - Smoking

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Socio-Economic StatusAboriginal Peoples remain at the bottom of the socio-economic status

Housing is inadequate

Unemployment is a major cause of poverty

Deterioration of Aboriginal cultural values

Loss of language

WHY?

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Discussion Question “Why are Aboriginals so consistently

and significantly less well off than other Canadians?” (Richards 2006, 9)

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Colonization“the subjugation of one people by another through destruction and/or weakening of basic institutions of the subjugated culture and replacing them with those of the dominant culture” (Lee, 1992: p.213).

The Indian Act, 1876

Define who is a “status Indian”

Tool of colonization

Regulates and controls every aspect of their life

Residential SchoolsPart of assimilation policy

Removed Native children from their homes to be placed in religious based schools

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The Canadian State and Aboriginal Peoples: The Politics

of Reconciliation

How has the Canadian State engaged with Aboriginal peoples?

The Politics of “Reconciliation”1966 The Hawthorn Report introduced the idea of citizens plus (p. 13)

1969 The White Paper proposes the discontinuation of special services for Aboriginal peoples and the assimilation of Aboriginal people into Canadian society (p. 15)

1973 The Calder decision determined that Aboriginal rights were pre-existing.

1982 Canadian government agreed to constitutionally protect particular aspects of self-government agreements as treaty rights under section 35 of the Constitution Act, 1982.

1996 The Royal Commission of Aboriginal Peoples (p. 20)

1998 Gathering Strength – Canada’s Action Plan including a Statement of Reconciliation

2008 The Apology

2010 The endorsement of the United Nations Declaration on the Rights of Indigenous Peoples

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Discussion Questions

What do you think the relationship should be between a state and Indigenous peoples? Is Canada a good role model in your opinion?

Do Government policies contribute to the social problems in Aboriginal communities?

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Three Models

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Duelling Discourses: Two Models to the So Called “Indian Problem”

Functionalist theorists look to assimilation as a solution. Aboriginal people should Functionalist theorists look to assimilation as a solution. Aboriginal people should become more like “us” if they want to be successful. become more like “us” if they want to be successful.

However, conflict theorists argue that Aboriginal people should be further removed However, conflict theorists argue that Aboriginal people should be further removed from the mainstream in order to secure their distinctiveness and prosperity as a from the mainstream in order to secure their distinctiveness and prosperity as a people.people.

For Aboriginal people, the solution to the Indian problem lies in becoming less like For Aboriginal people, the solution to the Indian problem lies in becoming less like the mainstream.the mainstream.

Two questions to consider in constructing a new social contract for solving social Two questions to consider in constructing a new social contract for solving social problems are:problems are:

1.1. What do Aboriginal peoples want?What do Aboriginal peoples want?

2.2. What is the government willing to concede?What is the government willing to concede?

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Citizens Plus: A Third Model? Respects notion of Aboriginal rights and “positive recognition of difference”

Recognizes power of Aboriginal nationalism and accepts aspects of dual citizenship

Seeks practical solutions to making current self-government arrangements work better

Concerned that Aboriginal nationalism often seek separateness, which cuts them off from solidarity with Canadians

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Three Perspectives on Aboriginal Rights and Self-Government

1. Royal Commission on Aboriginal Peoples, 1996 Report: parallel sovereignty

2. Thomas Flanagan, book in 2000 entitled First Nations, Second Thoughts: neo-liberal integration

3. Alan Cairns, book in 2000, Citizens Plus, more pragmatic recognition of difference.

Discussion Question: Where do you stand? 21

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Discussion Question Are Aboriginal peoples in poverty and

powerlessness because of a reluctance to assimilate into the mainstream?

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Aboriginal Self-Governance

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The Meanings of Aboriginal Self-Government

Descriptions of Aboriginal self-government vary from the ideal of parity among Aboriginal, provincial, and federal legislative and financial authority to

Descriptions of Aboriginal communities simply taking administrative control after governments have made the important policy and financial decisions

A common sentiment is that colonial controls and the resulting abuses heaped on Aboriginal peoples for more than a century must be rejected

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“ Cultural revival among Aboriginal people is just one step toward regaining what has been lost. Self-government is the other key to the future of Aboriginal people. When they are permitted to gain influence over the central institutions in their communities - the schools, the justice system, the child welfare system - Indian and Metis people have already demonstrated that they can repair the damage caused by centuries of racism and neglect”

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Problems with Self-GovernmentSelf-Government is essentially glorified municipal government, which is far from the ideal of a third level of government that is equal in legislative and financial authority to the federal and provincial governments

Differences about the most beneficial structure of self-government, about who controls what, about when self-government should be implemented, and about whether or not true self-government can ever be achieved

Aboriginal self-government has no universal standard

Self-government proposals also have critics among the very people within the communities for whom they are intended

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The Nisga’a Self-GovernmentThe Nisga’a First Nations of Central BC have looked to Ottawa since 1885 to redress the unlawful surrender of their land to the CrownHere are some of the actual terms of the Nisga’a Final Agreement in May 2000:

• 5500 members of bands who live 800 kilometers north of Vancouver a land base of 1900 kilometres

• Control of forest and fishery resources• Control over health care• $200 million in cash• Release from Indian Act provisions• A supra-municipal level of government including control

over policing, education, community services and taxes• They will receive forest and timber cutting rights• Oil and Mineral Resources• $21.5 million to purchase boats and equipment 26

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Criticisms of the Nisga’a Final Agreement

This provides the Nisga’a Nations of British Columbia with more autonomy and self-government than it constitutionally deserves

It confers benefits unavailable to other Canadians based solely on culture or skin colour

Prohibits non-Nisga’a from voting for the regions administration, thus disenfranchising local residents who may be taxed without representation

There is a third order of government-where citizens live by different rules than other citizens

WHAT DO YOU THINK?27

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Discussion Question Can you think of some other solutions to Can you think of some other solutions to solve the so-called “Indian” problem? solve the so-called “Indian” problem? How does Idle no More factor into the How does Idle no More factor into the politics of recognition?politics of recognition?

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