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As an introduction to this class, please take some time to watch this important one hour film, The Doctrine of Discovery: Stolen Lands, Strong Hearts. The film sets out to explain the policies, procedures and laws applied byWestern European nation states and religious institutions to overtakeIndigenous Peoples toclaim sovereigntyover, and title to, Indigenous lands and resources.
As you watch this film, write down any idea, concept or term that stands out for you.
Also consider these three questions:
Video Description:“This film is one of the responses of the Anglican Churchs Primates Commission on discovery reconciliation and justice. The purpose of this film is to respond to the calls to action by helping to provide education and insight into the racist foundations of many of our property and other laws still in existence to this day.”
Please download the Study Guide for the Film
Some Terms from Doctrine of Discovery
Colonialism: the policy of a country seeking to extend or retain its authority over other people or territories, generally with the aim of economic dominance. In the process,colonisersmay impose their religion, economics, and other cultural practices on the Indigenous peoples. The foreign invaders rule the territory in pursuit of their interests, seeking to benefit from thecolonisedregion’s people and resources.
The Crown:The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions (such as Crown dependencies, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance ‘The Crown’ refers to the functions of government and the civil service.
Mercantile system-relating to merchants or trade, commerce
Out of the Ether-like pulling it out of the air
Papal Bull:A papal bull is a type of public decree, letters patent, or charter issued by a pope of the Catholic Church
Sovereignty:Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies. In political theory, sovereignty is a term designating supreme authority. In international law, the important concept of sovereignty refers to the exercise of power by a state.
Terra Nullius– Empty land; land not legally belonging to anyone.
Title:In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person.
The Doctrine of Discoveryis a principle of international law dating from the late 15th century. It has its roots in a papal decree issued by Pope Nicholas V in 1452 that specifically sanctioned and promoted the conquest, colonization, and exploitation of non-Christian territories and peoples.
When looking at any subject, we need to take some time to learn the terminology. In Indigenous Studies, this is particularly difficult because of the changing political discourse asIndigenous Peoples claim their rightful place in the broader Canadian society. Important to realizing this is understanding complex ideologyaroundsovereignty, self-determination and self government.
You will see in the module that various resources define differentterms in subtly different ways. The terms below are a brief introduction to some naming conventions.
“Aboriginal”:The term aboriginal is preferable to Indian or Native.
“Inuit & Mtis Identity”:Indian, status, and the Indian Acts role in defining identity
“First Nations”First Nations as a term isIncreasingly used specifically for First Nations – reserve communities and the people living in them or closely associated with them. It is a contemporary replacement for Indian; however, Inuit and Metis do not use this term to identify themselves.
“Indigenous”:General terms such as Aboriginal, Indigenous, or Indianarise out of European or international legal frameworks, and group them in with other groups who they may not consider related.
“Mtis”:This term has been used to describe any person of mixed European and Indian ancestry.But this broader usage of the term is not supported by current Canadian case law. Why?
Mtis people trace their lineage to particular historic Mtis communities, namely in Manitoba and Saskatchewan.
Take a few minutes to review this CBC video by Inukjournalist Ossie Michelin on How to Talk About Indigenous People
t is estimated there are 370 million Indigenous peoples worldwide, living in 70 different countries, according to the United Nations (U.N.).
Understanding the term Indigenous
Considering the diversity of indigenous peoples, an official definition of indigenous has not been adopted by any UN-system body. Instead the system has developed a modern understanding of this term based on the following:
A Question of Identity
According to the UN the most fruitful approach is to identify, rather than define indigenous peoples.This is based on the fundamental criterion of self-identification as underlined in a number of human rights documents.
Indigenous isa relational term, and also the result of the political organization of Indigenous groups on the international level who have sought ways to define their common purpose and advance a common cause.
Indigenous populations have become socio-economically disadvantaged and vulnerable to discriminatory state policy and even to outright armed repression.
As we have seen on the previous page, under international law there is no official definition of the word “Indigenous”. The United Nations characterizes Indigenous groups as autonomous and self-sustaining societies. Historically dominant settler populations have subjected Indigenous peoples to discrimination, marginalization and assimilation of their cultures.
A History of the Term “Indigenous”
In the 1970s,Aboriginal leadersadopted the term“Indigenous” followingthe rise of Indigenous rights movements around the world.The use of the term was a way to identify and unifytheir communities.It was preferred over other terms that reflected histories and power dynamics by the colonizers. The Indigenous experience is diverse; therefore, having a universal definition is difficult.
The United Nations Special Rapporteur on Discrimination against Indigenous Populations, Jos Martnez Cobo, in the 1980s , developed a working definition for use with the Working Group of Indigenous Populations:
“Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems.”Source:)
Still the Term “Indigenous” is Problematic
Indigenous populations ties to land and place must be emphasized within any definition.
Paul Coe, a Wiradjuri lawyer from Australia, oppose(s) defining Indigeneity in relation to an oppressor, as it pathologizes the term and defines the existence of Indigenous people by their oppression, thus legitimizing and normalizing it.
Under such a definition, one cannot be Indigenous without being colonized.
Maori scholar Linda Tuhiwai Smith questions the wisdom of using a single term at all:The term Indigenous is problematic in that it appears to collectivize many distinct populations whose experiences under imperialism have been vastly different.
There is a fundamental difference between how these two groups see Rights.
Aboriginal legal traditions and treatiesrecognizeindividualandgrouprights; whilehistorically, Western society has emphasizedindividualrights andfreedoms, seeking, basically, to protect the individual from abuses by the state or other powers.
Aboriginal Legal Traditions and Treaties
predominantly protects individual rights; however,
In most Indigenous societies both collective and individual rights are recognized.Group rights protect the foundations of a society and are especially critical when a society is threatened.
Such rights include:
The majority of the worlds Indigenous populations seek state recognition of these collective rights in order to protect and strengthen their societies.
What is a worldview?
Every people has a way of knowing, seeing, explaining and living in the world. Each group may have very distinct ideas about what is important. A worldview can be examined by looking at cultural, spiritual and philosophical themes.
To get an overview of the differences between the Indigenous world views and the Western world views, take a few minutes to review the short video below.
While you are watching, take note of the key differences.
Video Description:”How we see the world determines how we act. Western thought sees us at war with each other over resources. Indigenous philosophy, we are all related as individuals in balance with nature. Watch ENOUGHNESS: Resorting Balance to the Economy and learn more at.”
International human rights instruments, which have been designed principally by Western-liberal societies, have overlooked collective rights in favour of individual rights.
The rise of the international Indigenous rights movement (post 1950s), has meant that policymakers must seek to balance individual rights with collective rights through new international instruments.
It is important to understand that Section 35 of the Canadian Constitution Actrecognizes Aboriginal rights, but did not create themAboriginalrights have existed before Section 35.
Section 35 of the Constitution Act states:
(3) For greater certainty, in subsection (1) treaty rights includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.
While Section 35 recognizes existing Aboriginal rights, it does not define them.
Defining exactly what Aboriginal rights include has been much debated and defined over time through Supreme Court cases.Typically, they have been interpreted to include cultural, social, political, and economic rights including the right to land, right to fish, to hunt, and to practice their own culture, as well as to establish treaties.
Section 35 acknowledges that Aboriginal rights are existing. The Supreme Court of Canada has ruled that any rights previously lost by treaty or other legal processes prior to 1982 no longer existed and, therefore are not protected under the Constitution. The sectiondoes not revive extinguished rights. The phrase existing aboriginal rights needs to be flexible to allow evolutionover time.
Because Section 35 is outside of the Charter of Rights and Freedoms, the federal government cannot override Aboriginal rights.
There appears to be a disparity between the concept of Aboriginal rights being upheld by Section 35, and the daily lives of Aboriginal peoples, where many have been arrested for exercising what they understand as their Aboriginal rights, such as hunting or fishing:
“Although s.35 guides court and government decisions that directly impact Indigenous Peoples, there remain a considerable number of Indigenous people who either are not directly aware of s.35 or believe it is meaningless in their lives.There are far more Indigenous people who personally know brothers, sisters, aunts, dads, and uncles who have been stopped, questioned, charged, and convicted for exercising their Aboriginal Rights, than who know of the existence or content of s.35.Section 35to many Indigenous Peoples has remained a powerful yet invisible force.”Ardith Walkem and Halie Bruce ()
The conceptWalking in Beautywas first presented byTim Thompson (Mohawk,Hotinonshn:ni)at a meeting in 1998 on ways to improve Aboriginal Studies secondary school curriculum in Ontario. Thompson has saidthat it’s time for curricula and our classrooms to prepare for our beautiful walk together.
“Walking in Beauty may be understood as a universal concept of Indigenous knowledge. Its meaning instructs each of us is to conduct ourselves in right relations with all of creation, including our relations of the natural world. When we are Walking in Beauty, we conduct ourselves respectfully towards Peoples from all the Four Directions on Mother Earth.”
Walking in Beauty means learning how to get along with each other in a kind, sharing, honest and respectful way.This means listening, learning and knowing about each other about one anothers cultures, histories, contemporary concerns and worldviews.
It means coming together in the Indigenous way, within a circle where there is no start, no top, no end, and no bottom where we all have our rights and responsibilities, and where we all value and respect difference. () >
Learn a little about Walking in Beauty from Navajo Traditional Teachings andNavajo Historian Wally Brown as h
Walking in Beauty is about having a good mind, good heart, and making good decisions.
There will be a test in week 4on the terms in this document.
Terminology Guide:Research on Aboriginal Heritageor
Please download the document, but pay close attention to the terms below
Aboriginal Peoples:A collective name for the original peoples of North America and their descendants. Section35(2) of the Constitution Act, 1982 recognizes three distinct groups of Aboriginal peoples.In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Mtis peoples of Canada.ii These are separate groups, with each having unique and diverse heritage,language, cultural practices and spiritual beliefs.
Aboriginal and Treaty Rights
Rights that some Aboriginal peoples of Canada hold as a result of their ancestors longstanding use and occupancy of the land. Examples include hunting, trapping and fishing rights on ancestral lands. Aboriginal rights vary from group to group depending on thecustoms, practices, traditions, treaties and agreements that have formed part of their distinctive cultures. Section 35(1) of the Constitution Act, 1982 states The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized andaffirmed.
A term that legally recognizes Aboriginal interest in land. It is based on the long-standing use and occupancy of land by Aboriginal peoples as thedescendants of the original inhabitants of Canada.
Members of a First Nation or group for whom lands have been set apart, and for whom money is held by the Crown. It is a body of Indians declared by the Governor-in-Council to be a Band for the purposes of the Indian Act. Many Bands today prefer to be called First Nations and have changed their names accordingly. For example, the Batchewana Band is now called the Batchewana First Nation.
Bill C-31, 1985:
A Bill that changed the Indian registration system adopted and maintained by the federal government so that entitlement was no longer based on sexually discriminatory rules. However, the amendments resulted in a complicated array of categories of Indians and restrictions on statusiv which was further challenged. See Bill C-3, 2010.
Bill C-3, 2010
This bill amends provisions of the Indian Act that the Court of Appeal for British Columbia found to be unconstitutional in the case of McIvor vs. Canada. The bringing into force of Bill C-3 will ensure that eligible grandchildren of women who lost status as a result of will become entitled to registration (Indian status).
Constitution Act, 1982 (formerly the British North America Act, 1867)
Section 91(24) of the British North America Act, 1867 states that legislative authority for Indians and Lands Reserved for the Indians rests with the federal government.vi Section 35 of the repatriated Constitution Act, 1982 states the following:
(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(2) In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Mtis peoples of Canada.
(3) For greater certainty, in subsection (1) treaty rights includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons
A term that refers to Aboriginal persons who are respected and consulted because of their wisdom, knowledge, experience, background and insight. It does not necessarily signify age.
An Indian who lost the right by legal process to Indian Status and Band membership, and became a British subject. The process of enfranchisement was abolished in the 1985 amendment to the Indian Act.
A term that came into use in the seventeenth century to describe a people inhabiting the Arctic regions of Canada, Greenland, Alaska and Siberia. It has been replaced by the term Inuit, which is what the people of these regions prefer to call themselves
A term that came into common usage in the 1970s to replace the word Indian, which some people found offensive. Among its uses, the term refers to the Status, non-Status and Treaty Indians of Canada. Some Indian peoples have replaced the word Band in the name of their community with the term First Nation, respecting their distinct language, culture, heritage and systems of knowledge. Although First Nation is widely used, it has no legal definition.
A collective term used to describe the original peoples of Canada and their descendants
A term commonly used to describe the hundreds of distinct nations of Aboriginal Peoples throughout North, Central and South America and the Caribbean. It can be traced back to Christopher Columbus in the fifteenth and sixteenth centuries during his expeditions to find Asia.ix Widely used by explorers and missionaries, the term was later adopted by the Government of Canada and incorporated into the Indian Act, 1876. x It is often used in the context of historical government departments, documents, policies and laws. Indians are one of three recognized Aboriginal peoples in CanadaIndian (First Nation), Inuit and Mtisaccording to Section 35(2) of the Constitution Act, 1982.
1876: The Canadian legislation, first passed in 1876, which defines an Indian in relation to the federal governments fiduciary responsibility as it applies to Indians living on-reserve.xi The Act sets out certain federal obligations and regulates the management of Indian reserve lands, Indian monies and other resources, as well as approves or disallows First Nation bylaws. It has been amended several times, most recently in 1985 with Bill C-31 and again in 2011 with Bill C-3 pertaining to identity.
A tract of land, the legal title to which is held by the Crown, set apart for the use and benefit of an Indian Band. Indian Status: A persons legal status as an Indian, as defined by the Indian Act.
Ethnic groups defined as indigenous according to one of several meanings of the term. Historically it refers to the original inhabitants of a territory. For this purpose, the term refers to people classified as indigenous under international law in such documents as the Declaration on the Rights of Indigenous Peoples.
The singular form of the term Inuit.
An Inuktitut term, meaning people who live in communities across the Inuvialuit Settlement Region (Northwest Territories), Nunavut, Nunavik (Northern Quebec), and Nunatsiavut (Northern Labrador) land claim regions. Inuit call this vast region Inuit Nunangat.xiii. Inuit are one of three recognized Aboriginal peoples in CanadaIndian (First Nation), Inuit and Mtisaccording to Section 35(2) of the Constitution Act, 1982.
A term originally used by Aboriginal peoples in the late 1960s to describe their right to ownership over, and compensation for, lands they traditionally occupied. In 1973, the Government of Canada recognized two broad classes of First Nation land claimscomprehensive and specificand adopted these in the Land Claims Policy of 1974.xiv Comprehensive claims, which are wide in scope, are based on the assessment that there may be continuing Aboriginal rights to lands and natural resources. Specific claims deal with precise grievances regarding the fulfillment of treaties and relating to the administration of lands and assets under the Indian Act.
Manitoba Act, 1870:
A statute that established Manitoba as a Province in the Dominion of Canada after months of tension between the Canadian and Provisional Government established by Louis Riel and the Mtis. The Act protected specific rights of residents in the Red River Settlement. It granted 1.4 million acres of land to the Mtis as a result of negotiations. The Act was given constitutional status by the Imperial Parliament via the British North America Act, 1871.
A term defined by the Mtis National Council as one who self-identifies as Mtis, who is distinct from First Nation and Inuit, who is of historic Mtis Nation ancestry and accepted by and belonging to a Mtis community. The Mtis are one of three recognized Aboriginal peoples in CanadaIndian (First Nation), Inuit and Mtisaccording to Section 35(2) of the Constitution Act, 1982.
A group of Mtis people who live in, or who have come from, the same geographic area. A community may include more than one settlement, town or village in an area.
Mtis Land Claims:
A complex series of legislation, beginning with the Manitoba Act of 1870, providing for the settlement of claims arising from Aboriginal rights to land in western Canada. Mtis Rights: The Supreme Court of Canada, in the 2003 case of R. vs. Powley, affirms and recognizes that Section 35 of the Constitution Act, 1982 is a substantive promise to the Mtis that recognizes their distinct existence and protects their existing Aboriginal rights.
Broadly applied, a Mtis settlement is a small village settled by the Mtis, such as Batoche, Saskatchewan. More formally, the term refers to the eight Alberta Mtis settlements. These settlements are the only recognized Mtis Nation land base in Canada.
A term that refers to a person of Aboriginal ancestry, indigenous to the land. It can be used synonymously with Indian or Mtis.
A person who identifies as an Indian or member of a First Nation or Band but is not entitled, for various reasons, to registration under the Indian Act of the federal government.
A term used to describe First Nations living on a reserve for which the Crown has jurisdiction over and a fiduciary responsibility.
A term used to describe First Nations who live away from their original home, territory or reserve. It may also refer to services or objects that are not part of the reserve or territory but relate to First Nations.
A historical account memorized or recorded from the spoken words of people who have knowledge of past peoples, places, events and cultural traditions.
The verbal transmission of a peoples cultural heritage, history, stories and accounts passed on from generation to generation through narratives, songs, chants, music, literature and other forms.
A variety of institutions that include industrial schools, boarding schools and student residences, initially developed in New France by Catholic missionaries to provide care and schooling. The federal government and churches developed a system of residential schools in Canada stretching from Nova Scotia to the Arctic from the 1830s onward.xviii These government-funded, church-run schools were set up to eliminate parental involvement in the intellectual, cultural, and spiritual development of Aboriginal children.xix In 1884 the Indian Act was amended to include compulsory residential school attendance for Status Indians under age 16. By the 1940s it was determined by both the government and most missionary bodies that the schools were ineffective, and Native protests helped to secure a change in policy. In 1969 it was decided to close the residential schools, and the last school, located in Saskatchewan, was closed in 1996.
A tract of land, the legal title to which is held by the Crown, set apart for the use and benefit of an Indian Band or First Nation. Some Bands or First Nations have more than one reserve
Land set aside by the U.S. government for the use and occupation of a group of Native Americans. The term does not apply in Canada.
A term originally conceived and used by Aboriginal peoples in the late 1970s to describe their right to govern their own affairs. The Department of Indian Affairs and Northern Development adopted the term and applied it to the of 1984. Such a government is designed, established and administered by Aboriginal peoples under the Canadian Constitution through a process of negotiation with Canada and, where applicable, the provincial government.
A phonetic rendering of an Algonkian word meaning the totality of being female. Other variants are squa, esqua, skwa and skwe. Historically the word squaw has been misused by non-Algonkian speakers. However, traditional use is seen in other related words like nidobaskwa (a female friend), manigebeskwa (a woman of the words), or Squaw Sachem (a female chief).Also related is Iskwekwak–Kah’ Ki Yaw Ni Wahkomakanak (neither Indian princesses nor squaw drudges).
(Registered Indian): A person entitled to have his or her name included on the Indian Register, an official list maintained by the federal government. Certain criteria determine who can be registered as a Status Indian. Only Status Indians are recognized as Indians under the Indian Act, which defines an Indian as a person who, pursuant to this Act, is registered as an Indian or is entitled to be registered as an Indian. Status Indians are entitled to certain rights and benefits under the law.
A formal, ratified agreement or contract usually made between two nations, such as those between Aboriginal peoples and governments.
The specific rights of the Aboriginal peoples embodied in the treaties they entered into with the Crown, initially Great Britain and after Confederation, Canada. They often address matters such as the creation of reserves and the rights of Aboriginal communities to hunt, fish and trap on Crown lands. Treaty rights are protected by section 35 (1) of the Constitution Act, 1982. See Aboriginal and Treaty Rights.
A group of Native Americans sharing a common language and culture. The term is frequently used in the Unted States but only rarely in Canada. An example of this is the Blood Tribe in Albert
A term that can be traced back in literature to the logs of explorers and missionaries (later incorporated into the texts of anthropologists and Canadian government bureaucratic and legislative texts). It carries connotations of violent unstructured peoples with little or no social organization, who are far less refined than Europeans and, in the missionary context, people who are not un-Christian.
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There can be a number of reasons why you might not like your order. If we honestly don’t meet your expectations, we will issue a refund. You can also request a free revision, if there are only slight inconsistencies in your order. Your writer will make the necessary amendments free of charge. You can find out more information by visiting our revision policy and money-back guarantee pages, or by contacting our support team via online chat or phone.
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Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.Read more
Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.Read more
Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.Read more
Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.Read more
By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.Read more