Indian reserve: Difference between revisions

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{{Indigenous Peoples of Canada}}
In Canada, an '''Indian reserve''' ({{lang-fr|reserve indienne}}) is defined by the ''[[Indian Act]]'' as a "tract of land, the legal title to which is vested in [[Monarchy of Canada|Her Majesty]],<ref>{{cite web|url=https://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=majesty&txtT1tl3=%22Indian+Act%22&h1ts0n1y=0&ddC0nt3ntTyp3=Acts |title=Basic Search ("Indian Act" "majesty")|access-date=17 July 2023|date=7 July 2023|orig-date=Enacted 1985}}</ref><!--Source still reads "Her" do not change until the Act changes.--> that has been set apart by Her Majesty for the use and benefit of a [[band government|band]]."{{sfn|Government of Canada|1985|loc=Section 2 (1) (a)}} Reserves are areas set aside for [[First Nations in Canada|First Nations]], one of the major groupings of [[Indigenous peoples in Canada]], after a contract with the Canadian state ("[[the Crown]]"), and are not to be confused with [[Indigenous land claims in Canada#Comprehensive claims|Indigenous peoples' claims to ancestral lands]] under [[Aboriginal title#Canada|Aboriginal title]].
Reserves in Canada is specified by the ''[[Indian Act]]'' as a "tract of land, the legal title to which is vested in [[Monarchy of Canada|Her Majesty]],<!--Source still reads "Her" do not change until the Act changes.-->
that has been set apart by Her Majesty for the use and benefit of a [[band government|band]]."{{sfn|Government of Canada|1985|loc=Section 2 (1) (a)}}
Indian reserves are the areas set aside for [[First Nations in Canada|First Nations]], an [[Indigenous peoples in Canada|indigenous Canadian group]], after a contract with the Canadian state ("[[the Crown]]"), and are not to be confused with [[Indigenous land claims in Canada|land claims]] areas, which involve all of that First Nations' traditional lands: a much larger territory than any reserve.
 
== Demographics ==
A single "band" (First Nations government) may control one reserve or several, while other reserves are shared between multiple bands. In 2003, the [[Crown–Indigenous Relations and Northern Affairs Canada|Department of Indian and Northern Affairs]] stated there were 2,300 reserves in Canada, comprising {{convert|28000|km2|abbr=on}}.{{sfn|DIAND|2003|page=2}} According to Statistics Canada in 2011, there are more than 600 First Nations/Indian bands in Canada and [[List of Indian reserves in Canada|3,100 Indian reserves]] across Canada.{{sfn|StatsCan|2011|loc=Aboriginal Peoples in Canada: First Nations People, Métis and Inuit}} Examples include the [[Driftpile First Nation]], which like many bands, has only one reserve, [[Driftpile River 150]].<ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=450&lang=eng |title=Driftpile Cree Nation| date=14 November 2008 |website=[[Crown–Indigenous Relations and Northern Affairs Canada]] |publisher=Government of Canada |access-date=11 July 2021}}</ref> The [[Bear River First Nation]], who govern [[Bear River 6]], [[Bear River 6A]] and [[Bear River 6B]], are one of many examples where a single government is responsible for more than one reserve.<ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=21&lang=eng |title=Bear River| date=14 November 2008 |website=[[Crown–Indigenous Relations and Northern Affairs Canada]] |publisher=Government of Canada |access-date=11 July 2021}}</ref>
 
In 2003, 60 percent of [[Indian Register|status Indians]] lived on reserves.{{sfn|DIAND|2003|page=2}} Of the 637,660 First Nations people who reported being Registered Indians, nearly one-half (49.3%) lived on an Indian reserve. This proportion varies across the country.{{sfn|StatsCan|2011|loc=Highlights: First Nations people}}
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== Governance ==
One band Chief and [[Tribal Council|Council]] commonly administer more than one reserve, such as the [[Beaver Lake Cree Nation]] with two reserves or the [[Lenape]] people (in Canada incorporated as the [[Munsee-Delaware Nation]]), who occupy Munsee-Delaware Nation Indian Reserve No. 1. This consists of three non-contiguous parcels of land totalling {{convert|1054|ha|abbr=on}} within the Chippewas of the Thames First Nation 42 near [[Strathroy-Caradoc|Muncey, Ontario]], which was formerly shared between them and the [[Chippewas of the Thames First Nation]] as a single parcel of land. Some reserves are shared by multiple bands, whether as fishing camps or educational facilities such as [[Pekw'Xe:yles]], a reserve on the [[Fraser River]] used by 21 [[band government|Indian band]]s that was formerly [[St. Mary's Indian Residential School]] and is an example of a reserve created in modern times.<ref>{{BCGNIS|59960|Pekw'Xe:yles}}</ref><ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/RVDetail.aspx?RESERVE_NUMBER=09657&lang=eng |title= Pekw'Xe:yles (Peckquaylis)|date= 14 November 2008|website=[[Crown–Indigenous Relations and Northern Affairs Canada]] |publisher=Government of Canada |access-date=12 July 2021}}</ref> Another multi-band reserve of the [[Sto:lo]] peoples is [[Grass Indian Reserve No. 15]], which is located in the City of [[Chilliwack]] and is shared by nine bands.
 
== Treaties and reserves, 1763–1867 ==
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In 1867, legislative jurisdiction over "Indians and Lands reserved for the Indians" was assigned to the Parliament of Canada through the ''[[Constitution Act, 1867]]'',{{sfn|Government of Canada|1867}} a major part of [[Constitution of Canada|Canada's Constitution]] (originally known as the ''[[British North America Acts|British North America Act]]''), which acknowledged that First Nations had special status. Separate powers covered "status and civil rights on the one hand and Indian lands on the other."{{sfn|GC|1870}}{{sfn|Government of Canada|1867|loc=s.146}}
 
In 1870, the newly formed Dominion government acquired [[Rupert's Land]], a vast territory in [[British North America]] consisting mostly of the [[Hudson Bay drainage basin]] that had been controlled by the [[Hudson's Bay Company]] under its Charter with the British Crown from 1670 to 1870. Numerous aboriginal groups lived in the same territory and disputed the sovereignty of the area. The Dominion of Canada promised Britain to honour the provisions of the [[Royal Proclamation of 1763]] to "negotiate with its Amerindians for the [[Aboriginal title#Extinguishment|extinguishment]] of their title]] and the setting aside of reserves for their exclusive use."{{Citation needed|date=May 2023}} This promise led to the [[Numbered Treaties]].{{sfn|Dickason|2009|page=241}}
 
== Numbered treaties, 1871–1921 ==
Between 1871 and 1921, through [[Numbered Treaties]] with First Nations, the Canadian government gained large areas of land for settlers and for industry in [[Northwestern Ontario]], [[Northern Canada]] and in [[Canadian Prairies|the Prairies]]. The treaties were also called the Land Cession or Post-Confederation Treaties.{{sfn|Robert|2001}} [[Treaty 1]] wasis a controversialan agreement established August 3, 1871, between [[Queenthe Victoria]]Crown and various [[First Nations in Canada|First Nations]] in southeastern [[Manitoba]], including the [[Anishinaabe]] and the [[Swampy Cree]] tribes. Treaty 1 First Nations comprise the [[Brokenhead Ojibway Nation]], Fort Alexander ([[Sagkeeng First Nation]]), [[Long Plain First Nation]], [[Peguis First Nation]], [[Roseau River Anishinabe First Nation]], [[Sandy Bay First Nation]] and [[Swan Lake First Nation]].
 
== The ''Indian Act 1876'' ==
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* {{citation |url=http://www12.statcan.gc.ca/nhs-enm/2011/as-sa/99-011-x/99-011-x2011001-eng.cfm |year=2011 |title=Aboriginal Peoples in Canada: First Nations People, Métis and Inuit |access-date=16 August 2013 |publisher=Statistics Canada |last=StatsCan}}
*{{cite web |url=https://laws-lois.justice.gc.ca/eng/Const/page-1.html |title=Constitution Act, 1867 |last=Government of Canada |date=1867 |access-date=12 July 2021}}
* {{citation |url=http://www.canadiana.ca/citm/specifique/numtreatyoverview_e.html |title=Numbered Treaty Overview |series=Canada in the Making - Specific Events |publisher=Canadiana |last=Robert |first=Jean-Claude |date=2001 |access-date=20 September 2013 |archive-url=https://web.archive.org/web/20150407064215/http://www.canadiana.ca/citm/specifique/numtreatyoverview_e.html |archive-date=7 April 2015 |url-status=dead}}
* {{citation |url=http://www.solon.org/Constitutions/Canada/English/rlo_1870.html |title=Rupert's Land and North-Western Territory Order |date=23 June 1870 |last=GC |publisher=Government of Canada |url-status=dead |archive-url=https://web.archive.org/web/20110720084637/http://www.solon.org/Constitutions/Canada/English/rlo_1870.html |archive-date=20 July 2011}}
* {{citation |url=http://www.cbc.ca/archives/discover/programs/o/our-native-land-1/making-the-canadian-indian.html |title=Our Native Land: Making the Canadian Indian |date=4 September 1982 |publisher=CBC |last=Clegg |first=Cindy}}
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* {{citation |url=http://www.rrj.ca/m3913 |title=Ryerson Journalism |year=1998 |last=Ryerson |ref={{sfnref|Ryerson|nd}} |url-status=dead |archive-url=https://web.archive.org/web/20130928234929/http://www.rrj.ca//m3913/ |archive-date=28 September 2013}}
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* {{citation |url=http://www.scs.sk.ca/cyber/elem/learningcommunity/6/1/curr_content/aboriginal_res/supplem.htm#terms |publisher=Saskatoon Catholic Schools |last=SCS |title=Guidelines for Integrating Indian and Métis Content and Perspectives |access-date=20 September 2013 |ref={{sfnref|SCS|nd}} |archive-url=https://web.archive.org/web/20130927195432/http://www.scs.sk.ca/cyber/elem/learningcommunity/6/1/curr_content/aboriginal_res/supplem.htm#terms#terms |archive-date=27 September 2013 |url-status=dead}}
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