11/10/2019

First Nations
 First Nations, also referred to as Aboriginal
Peoples or Indigenous peoples
First Nations  The term “aboriginal peoples” is entrenched in
the Canadian Constitution Act, 1982.
 Includes Indians, Metis and Inuit
Geography 1160
 Refers to people that can trace their ancestry to
the original inhabitants of North America prior
to European contact in the 15th century

How did they arrive here?

 Land bridge (Beringia) across Bering Sea from
Siberia to Alaska/Yukon – 18,000 – 30,000
years ago?
 As the ice retreated (12K-13K years ago) it
exposed a corridor, east of the Rocky
Mountains which could have been used as a
migration corridor (Mackenzie Corridor). This
has been somewhat refuted by looking at
glacial history of the area.

Beringia Land Bridge between Asia and North America

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 Island hopping theory – peoples moved along

the unglaciated islands of the west coast of BC
 Recent beach and marine archaeological work
in Haida Gwaii (Queen Charlotte Islands) and
on the Central Coast near Bella Bella shows
human occupation dating back to 14,000 years
ago (b.p.)
 First Nations in BC eventually settled
throughout the province and organized
according to language and territory
 There are about 200 Indian Bands in BC (legal
term/entity under the Indian Act)

 Most First Nations were animists – believed in  Complex and organized societies with defined divisions of
“spirits” associated with the natural world. labour among people (roles and responsibilities). Well defined
 Very strong ties to the land and sea – food sources, culture groups
clothing, shelter, etc.  Potlatch – a type of ceremony practiced mainly by coastal
 Territories based on language system First Nations. Potlatches served as an important government
or political institution.
 System of private land and communal ownership –
 Usually a chief or head of a clan would invite other clans to
hunting/fishing territories, and harvesting of plants
come and celebrate a potlatch feast and receive gifts. During
and berries
these feasts, deaths would have been commemorated,
 Some groups were semi-nomadic, following the weddings celebrated, disputes resolved, outstanding debts
migration of fish (salmon) and mammals (caribou). dealt with, etc.
Summer fishing camps and winter camps. Many  The potlatch was an extremely important institution and still
settlements are thousands of years old exists, to some extent today, in some First Nations
 Trading was common and some groups did raid one communities
another for slaves, canoes, women for breeding, etc.

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Impacts on Aboriginal Peoples

European Contact
 First recorded contact with First Nations and Europeans  The arrival of Europeans and the subsequent trade in
occurred off Langara Island of the Queen Charlotte Islands furs and other goods changed First Nation culture,
(Haida Gwaii) in 1774 between Spanish explorer Juan Perez. initially from a subsistence (living off the land/water)
 1778 – James Cook of England arrived in Nootka Sound on to one where money, trade, wage labour was
the west coast of Vancouver Island (Yuquot, or Friendly involved.
Cove). He spent a month refitting his vessels.  There was often a Eurocentric view – that Europeans
 This led to the start of trade, primarily furs, and interest in the were better, more cultured, etc. The prevailing
area by England and Spain dominant view of the time and for many years in BC
 1792 – Captain George Vancouver returned to map the and Canada’s history. It was a racist view.
coastline from Washington State to Alaska and in 1793
Alexander Mackenzie arrived on the Pacific Coast for the  Fostered by European leaders through government
North West Company. and the major Christian religions. Changed language,
 The contacts made with First Nations (one along the coast and laws, concept of property ownership, education, etc.
another by land in the interior) began the European contact in The federal government passed the Indian Act in
earnest, primarily for furs 1876 which led to the “reserve” system for many
First Nations.

Indian Act
 The Indian Act:
 The great aim of our legislation has been to do  denied women status;
 introduced residential schools;
away with the tribal system and assimilate the
 created reserves;
Indian people in all respects with the other  renamed individuals with European names
inhabitants of the Dominion as speedily as  restricted First Nations from leaving reserve without
they are fit to change.” - John A Macdonald, permission from Indian Agent
1887, 1st Prime Minister of Canada.  could expropriate portions of reserves for roads, railways
and other public works, as well as to move an entire reserve
away from a municipality if it was deemed expedient;
 could lease out uncultivated reserve lands to non-First
Nations if the new leaseholder would use it for farming
or pasture;

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 forbade First Nations from forming political organizations;

 prohibited anyone, First Nation or non-First Nation, from
soliciting funds for First Nation legal claims without special
license from the Superintendent General. (this 1927
amendment granted the government control over the ability of
First Nations to pursue land claims);
 prohibited the sale of alcohol to First Nations;
 prohibited sale of ammunition to First Nations;
 prohibited pool hall owners from allowing First Nations
entrance;
 imposed the “band council” system;
 forbade First Nations from speaking their native language;
 forbade First Nations from practicing their traditional religion;
 forbade western First Nations from appearing in any public
dance, show, exhibition, stampede or pageant wearing
traditional regalia;

 declared potlatch and other cultural ceremonies illegal;  Contact led to the decimation of many First Nations
 denied First Nations the right to vote; people primarily through diseases – smallpox,
 created permit system to control First Nations ability to sell measles, venereal disease, tuberculosis.
products from farms;  The pre-contact population of Indigenous peoples in British
Columbia is estimated at between 80,000 and 125,000. By
 is a piece of legislation created under the British rule for the post-contact 1929, the population had dropped to
purpose of subjugating one race - Aboriginal people. 22,000.Smallpox had the most immediate and profound effect.
The disease affected Indigenous populations in the "late 1700s,
in 1837-38 and 1862-63."
 https://www.youtube.com/watch?v=ge_pM9k1CPs  Residential schools run by the major religions; children taken
 Chief Robert Joseph from villages, forced to learn English, physical and sexual
abuse, discrimination etc.
 The federal government, under pressure, appointed a Truth and
Reconciliation Commission to address injustices caused by the
residential school system
 https://www.youtube.com/watch?v=_D2hk7JEQtI
 https://www.youtube.com/watch?v=sLjcpO1JC84

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Other Federal Government Programs

2016 - National Inquiry into Missing and Murdered

Indigenous Women and Girls
2017 – 1960’s Scoop Compensation ($800 million compensation
fund established by Federal Government for children removed
from their families in northern Ontario). Excludes Metis and non-
status Aboriginals.

Governance
Aboriginal Rights
 Indigenous peoples fall under federal
 Are group or collective rights that originate with their
jurisdiction based on the Canadian traditional occupation of the land prior to European contact
Constitution and the Indian Act.  More than just economic rights – include spiritual and cultural
ties to the land
 The federal department of Indigenous and
 Land rights are the most fundamental and are what led to
Northern Affairs Canada is the main federal treaties with Aboriginal groups
agency.  When Canada was settled, the British and then the federal
government negotiated treaties (mainly in Ontario and the
 First Nations or indigenous peoples are classed Prairie provinces). However, in BC, few aboriginal groups
as status Indians or non-status Indians, signed treaties except for some on Vancouver Island (Douglas
treaties).
depending on how they can trace their lineage.  When the Indian Act came about, the treaties in most cases led
 This is still under court challenge to reserves; these are lands set aside for the collective use of an
Indian Band

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 Several reasons for signing treaties, including:  British North America Act – 1867 gave the
 Royal Proclamation of 1763 – Britain recognized that authority over Indian lands to the federal
aboriginal peoples had occuped the land first and they had
a form of self-government over the territory. They were not government
to be abused, and to continue governing themselves and be  The Crown (federal government) viewed
compensated. The British felt that signing a treaty and
receiving compensation, gave up aboriginal rights
treaties as giving up (extinguishing)
 Having Indians as allies during the War of 1812 Aboriginal rights and titles to land.
 To make way for new settlers in Western Canada  Aboriginal peoples had a different view –
(government wanted to avoid further conflicts) agreements between “sovereign” powers to
 Secure land base and source of income, education and
some hunting and fishing rights (however, these were very
share land and resources with non aboriginals.
limiting on First Nation peoples)

Mapped are the historical Indian treaties from 1725

 Over the past 150 years, Indigenous peoples to 1923. Indian treaties have been generally
classified into two groups: Pre-Confederation and
have been trying to realize self-determination Post-Confederation. Pre-Confederation treaties were
made with the Crown through representatives of the
and establish a better working relationship British Government. Post-Confederation treaties
with the federal and provincial governments were made with the Government of Canada. Peace
and Friendship Treaties did not involve the transfer
 This has not been easy and First Nation of land title and are therefore not individually
represented on the map.
peoples have had to rely on the Canadian legal
system (using the courts) to have their rights
interpreted and acknowledged

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Vancouver Island Treaties (1850-1854)

 The fourteen Vancouver Island Treaties are sometimes
referred to as the Douglas Treaties, after James Douglas the
chief factor of Fort Victoria (Hudson's Bay Company), who
negotiated the purchase of approximately 358 square miles of
land on Vancouver Island. The Aboriginals gave up rights to
land and in return were paid in blankets and promised the
rights to hunt on unsettled lands and to carry on fisheries "as
formerly". However, these lands soon became settled so they
had little access to the resources they depended on
 Douglas at first allowed First Nations to occupy land if they
cleared it; however, subsequent governments did not recognize
any aboriginal title to land
 There were no more treaties on Vancouver Island after 1854
due to lack of funds from the Crown and due to the slowness
of European settlement on Vancouver Island during this
period. Indian Reserves were next established for containing
and bounding aboriginal peoples.

Evolution of Aboriginal Rights Delgamuukw Case

 Until the 1970’s the federal government recognized two types
of Aboriginal Title to land:  On December 11, 1997 the Supreme Court of Canada rendered
judgment in Delgamuukw v. The Queen. The judgment is of
 Reserve lands (held by federal gov.)
major significance. It requires governments to recognize and
 Hunting, fishing and trapping rights to unoccupied Crown
respect aboriginal title, aboriginal law, and oral histories. have
lands
been articulating for years.
 Political events and court decisions have led to a much greater
awareness of aboriginal rights and inclusion into land use  The implication is that the governments (federal and
decision-making (White Paper reforms of the Indian Act, provincial) must consult with First Nations where there could
Calder case, Mackenzie Valley Pipeline –Berger Inquiry) be interference with title (e.g., granting of Crown land tenures
 The BC and Federal Governments have been forced to for logging, mining, etc.)
recognize aboriginal rights by the courts – especially the  In 2014, the Supreme Court of Canada, in Tsilhqot’in vs. BC
Supreme Court of Canada (Calder Case, Sparrow, etc.) See Government, ruled that governments just can’t pass laws that
text. infringe on aboriginal rights and title.
 The Nisga (northwest BC – in the Nass River watershed)
negotiated an agreement with the federal and provincial
governments over self government. They got fish, timber,
water and land rights over a large area.

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The Supreme Court of Canada (SCC) ruled that the Tsilhqot’in

Tsilhqot’in vs. BC Government 

Nation had proved Aboriginal Title to just less than 2000

hectares of land.
 The SCC decided:
 Aboriginal title confers on Aboriginal groups the exclusive
right to decide how the land is used and the exclusive right
to benefit from those uses
 Aboriginal title can be proved over large areas of land that
were used nomadically or seasonally by Aboriginal groups,
not just over discrete parcels of intense use and occupation
 The Tsilhqot’in are a First Nations in the Chilcotin region of such as traditional village sites
BC (yellow area on map)
 Where Aboriginal title is proved, provincial and federal
 Dispute with the BC Government over the granting of a laws do not automatically cease to apply rather, these laws
logging licence by the government continue to be valid provided that any infringements of
 The dispute went all the way to the Supreme Court of Canada Aboriginal title are either consented to by Aboriginal
after going through the BC court system groups or are justified.

Tsilhqot'in Uprising
 1864 – miners were constructing a road from the head of Bute
Inlet into the Chilcotin region for gold exploration.
 19 men in total were killed by Tsilquot’in members, led by 6
chiefs.
 Various reasons as to why they were killed – competing land,
gold, guns, etc., but the main reason is now considered to be to
prevent smallpox from entering the First Nations territory.
 The Chiefs were arrested and judged by Judge Matthew
Begbie, who ordered them to be hanged.
 Recently, history has been rewritten and it is considered a
terrible injustice. Both the Provincial government and federal
governments have apologized formally and the current Liberal
government has recently reversed the charges against the
https://www.cbc.ca/news/politics/pm-trudeau-exonerate-tsilhqotin-chiefs-
Chiefs.
1.4593445

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Is there a new or better relationship between  To date, 5 FN groups have negotiated treaties:
governments and First Nations?  Tsawwassen First Nation Final Agreement
 Maa-nulth First Nations Final Agreement
 In 1992, the BC Govt accepted the principle of Aboriginal land  Yale First Nation Final Agreement
claims and worked out a formula for paying outstanding  Tla'amin Final Agreement
claims – federal govt would pay 90% of costs and BC would
 Lheidli T’enneh First Nation Final Agreement
provide land. This led to the BC Treaty Process and the
establishment of a BC Treaty Commission to try and  Agreements in Principle:
negotiate outstanding Land Claims.  Kitselas Agreement in Principle
 Not all First Nations groups in BC support the BC Treaty  Kitsumkalum Agreement in Principle
Process. Many interior First Nation groups want to settle their  In-SHUCK-ch Nation Agreement in Principle

land claims via legal means or other negotiations with the  Wuikinuxw Agreement in Principle

Federal and Provincial process and have “opted” out of the  Yekooche First Nation Agreement in Principle
current treaty process.  Te'mexw Treaty Association Agreement in Principle

 www.bctreaty.ca – check it out!  K’ómoks Agreement in Principle

 The Nisga in the Nass River Valley negotiated an agreement (not part of
the BC Treaty System). It has been used as a model for many of the BC
Treaty agreements.