Who Controls the Hunt? First Nations, Treaty Rights, and Conservation in Ontario, 1783–1939

Ethnohistory ◽  
2021 ◽  
Vol 68 (3) ◽  
pp. 449-451
Author(s):  
Emma Stelter
Keyword(s):  
First Nations ◽  
Treaty Rights

scholarly journals Indigenous healthcare: Caterpillars to butterflies, case study supporting transformation

2018 ◽  
Vol 32 (1) ◽  
pp. 40-43
Author(s):  
Roger A. Boyer
Keyword(s):  
First Nations ◽  
Federal Government ◽  
White Paper ◽  
Indian Policy ◽  
Treaty Rights ◽  
Indian Act ◽  
First Peoples ◽  
The Government ◽  
Government Of Canada

The Canadian Government released a document to aid in the relationships between the Government of Canada and First Nations around the ratification and redesign of the Indian Act of 1876. The name of this document was the “White Paper.” The Federal Government's “White Paper, statement of Government of Canada on Indian Policy of 1969,” rejected the concept of special status for First Nations within confederation—they should have the same rights and responsibilities as other Canadians. The Federal Government argued treaty rights were irrelevant in today's society; the important issues demanding attention included economic, educational, and social problems. In Canada's assessment of the “savage” situation, the government could not see wellness wholistically addressing the poverty, social crises, and bleak future faced by most First Peoples was rooted in the very denial of treaty rights and humanness. This article pushes to educate health leaders about current circumstances contributing to racism.

scholarly journals Thin or Thick Inclusiveness? The Constitutional Duty to Consult and Accommodate First Nations in Canada

2019 ◽  
Vol 34 (1) ◽  
pp. 149-175
Author(s):  
Ian James Urquhart
Keyword(s):  
First Nations ◽  
Oil Sands ◽  
Aboriginal Peoples ◽  
Resource Exploitation ◽  
Judicial Interpretation ◽  
Treaty Rights ◽  
Aboriginal Rights ◽  
The Status ◽  
Natural Resource Exploitation ◽  
General Thrust

What has the addition of aboriginal rights to the Canadian constitution in 1982 meant for the place of First Nations’ interests in the Canadian constitutional order? This article considers this question in the context of natural resource exploitation – specifically, the exploitation of the oil or tar sands in Alberta. It details some of the leading jurisprudence surrounding Section 35 of the Constitution Act 1982, the section of the Constitution recognizing existing aboriginal and treaty rights. Arguably, Section 35 represented an important effort to improve the status of aboriginal peoples in Canada, to enhance the extent to which Canada included and respected the values and interests of First Nations. The article specifically considers how the judicial interpretation of the Crown’s duty to consult and accommodate aboriginal peoples is related to the theme of inclusivity. It argues that the general thrust of judicial interpretation has promoted a thin, or procedural, version of inclusiveness rather than a substantive, or thicker, one. Such a thicker version of inclusiveness would be one in which the pace of oil sands exploitation is moderated or halted in order to allow First Nations to engage in traditional activities connected intimately with aboriginal and treaty rights.

scholarly journals Addressing the Challenge of Overlapping Claims in Implementing the Vancouver Island (Douglas) Treaties

2020 ◽  
Vol 62 (2) ◽  
pp. 295-307
Author(s):  
Brian Thom
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Land Tenure ◽  
Vancouver Island ◽  
Court Cases ◽  
Land Claims ◽  
Treaty Rights ◽  
Coast Salish ◽  
Legal Principles ◽  
Industrial Forestry

Indigenous social and legal orders are a source for addressing the challenge of overlapping claims in exercising historic treaty rights in the territories of neighbouring non-treaty Indigenous Peoples. The Vancouver Island Treaties (also known as the Douglas Treaties) of the 1850s made commitments that signatory communities could continue to hunt on unoccupied lands and carry on their fisheries as formerly. Today, as urban, agricultural and industrial forestry have constrained where people can exercise their treaty rights locally, individuals from these nations exercise harvesting rights in “extended territories” of their neighbours. Through detailing several court cases where these treaty rights were challenged by the Crown and the texts of modern-day treaty documents, I show how Coast Salish people continue to draw on local values and legal principles to articulate their distinctive vision of territory and community, both engaging and subverting divisive “overlapping claims” discourses. Not only First Nations but the state, through the judiciary, Crown counsel and land claims negotiators, also, at times, acknowledge and recognise the principles of kin and land tenure that are the foundation for addressing the challenges of overlapping claims.

Research as Reciprocity: Northern Cree Community-Based and Community-Engaged Research on Wild Food Contamination in Alberta’s Oil Sands Region

2017 ◽  
Vol 2 (1) ◽  
pp. 109-124
Author(s):  
Janelle Baker
Keyword(s):  
Land Use ◽  
First Nations ◽  
Oil Sands ◽  
Food Contamination ◽  
Wild Food ◽  
Treaty Rights ◽  
Community Based ◽  
Community Engaged Research ◽  
The People ◽  
Traditional Land Use

  In this paper I suggest that it is possible to participate in research as an act of reciprocity; when a community asks a researcher for help on a specific topic, the application of that researcher’s skills can be one of the ways they show appreciation for being welcomed into a place. I also argue that a researcher needs to be sensitive to, and participate in, systems of respect and reciprocity belonging to the people, ancestors, and sentient landscape of the place they are doing research. I critique the extraction of traditional knowledge in the traditional land use consultation industry in Alberta, Canada that is used in place of the Federal Government’s duty to consult First Nations regarding their Treaty rights. As an alternative to traditional land use assessments I provide a description of the methods used in projects that test Fort McKay First Nation and Bigstone Cree First Nation’s wild foods for contaminants resulting from oil sands activities in northern Alberta’s Treaty No. 8 region.

Divisions in Treaty 6 Perspectives: the dilemma of written text and oral tradition

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Miriam Lily Wing
Keyword(s):  
First Nations ◽  
Oral Tradition ◽  
Treaty Rights ◽  
Canadian Government ◽  
Ongoing Controversy ◽  
Written Text ◽  
Historical Texts ◽  
Valid Evidence

Since the signing of Treaty 6 in 1876, there has been ongoing controversy between the First Nations and the Canadian government regarding the understanding and fulfillment of the treaty terms. Through investigating both historical texts and oral tradition, this article hopes to give insight on the modern dilemma of treaty rights in the specific case of Treaty 6. In order for the most accurate understanding of Treaty 6 to be obtained, First Nations oral tradition and perspectives must be considered as valid evidence.

scholarly journals FROM “INDIANS” TO “FIRST NATIONS”: CHANGING ANGLO-CANADIAN PERCEPTIONS OF THE NORTH AMERICAN INDIAN IN THE TWENTIETH CENTURY*

2011 ◽  
Vol 13 ◽  
pp. 2005
Author(s):  
Smith B. Donald
Keyword(s):  
Twentieth Century ◽  
First Nations ◽  
Aboriginal People ◽  
Aboriginal Peoples ◽  
Treaty Rights ◽  
The North ◽  
Academic Conference ◽  
Late Twentieth ◽  
Aboriginal Issues ◽  
Definition Of

A look at three university-organized conferences, the first in 1939, the second in 1966, and the most recent in 1997, reveals an increasing awareness of Aboriginal issues — particularly in the 1990s. From the mid- to the late twentieth century, Indians, now generally known as the First Nations, moved from the periphery into the centre of academic interest. The entrance of Aboriginal people, “the third solitude,” has altered completely the nature of Canada’s unity debate. Section 35 of the Constitution Act, 19821 affirms the existence of Aboriginal and treaty rights. The definition of “Aboriginal peoples of Canada” in the new constitution of 1982 now includes the Métis, as well as the First Nations and Inuit. Today, no academic conference in Canada on federalism, identities, and nationalism, can avoid discussion of Aboriginal Canada.

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