Canada’s First Nations and the government: what you need to know
Representatives of Canada’s First Nations are to meet with the prime minister and federal officials Friday, after grassroots demonstrations and a protesting northern chief thrust aboriginal issues into the headlines over the last month. Here’s a primer. Why is the prime minister meeting with First Nations chiefs Friday?
Prime Minister Stephen Harper agreed to the meeting on Jan. 4, spurred by the ongoing Idle No More grassroots protests that started in Saskatchewan. The public face of protest has been Chief Theresa Spence of Attawapiskat, Ont., who gave up eating solid food on Dec. 10, demanding Harper and Gov. Gen. David Johnston meet with chiefs to discuss treaty rights. What are the complaints or issues the chiefs want resolved?
On the surface, it’s about the federal government’s two budget bills, C-38 and C-45, that made legislative changes to environmental assessments and to the Indian Act. Some aboriginal groups feel the changes infringe on their traditional hunting and fishing rights, as well as on their ability to maintain their culture on reserves. For instance, the government approved changes to the Indian Act that would lower the vote threshold required for bands to lease their lands to non-natives. There were also changes to the Navigable Waters Protection Act to remove certain protections for some bodies of water. But aboriginal leaders feel the problems to be tackled are much broader than these specific grievances: health care, housing, underfunding of social services, for instance. What does the federal government want from the meeting?
The government says the meeting is a chance to discuss treaty and economic development issues. Who will be there?
Harper will attend for the start of the meeting, and for a full hour later. Assembly of First Nations National Chief Shawn Atleo, a selected group of aboriginal chiefs and government officials, including Aboriginal Affairs Minister John Duncan and Treasury Board president Tony Clement will be there. Not attending is Gov. Gen. David Johnston, but he will host First Nations at Rideau Hall later Friday. Will Spence play a meaningful role at the meeting?
As of Thursday, the chief, who has garnered headlines for her liquid diet, did not plan to attend, because Johnston is not attending the working meeting. No representative of the Idle No More grassroots movement, was to attend either, as of Thursday. Aboriginal leaders speak a lot about treaty rights. What are these?
Treaties are historical agreements between the Crown and First Nations that set out the rights of Aboriginal Peoples and governments to use their traditional lands. PreConfederation treaties were signed as early as 1701. Treaty rights were affirmed in the 1982 Constitution Act. Between 1871 and 1921, there were 11 treaties signed, known as the numbered treaties, in which First Nations surrendered land to Canada and in return, Canada promised to reserve land for them. The treaties in the south were for settlement, and the treaties in the north were for access to natural resources. What’s the difference between a “status” and a “non-status” Indian?
A status Indian is someone registered as an Indian under the Indian Act. As of 2009, 840,300 people qualified for Indian status. Registered Indians are not taxed on income earned on a reserve. They are eligible for a range of federal programs. A non-status Indian is a First Nations individual not registered under the Act. They or their ancestors lost, renounced or were refused Indian status, usually through a mechanism called “enfranchisement.”
The most common method of enfranchisement was for an Indian woman to marry a non-Indian man. Changes in 1985 to the Indian Act mean these women no longer lose their status. Non-status Indians don’t qualify for individual federal benefits. Wasn’t there a related court judgment this week about Métis and non-status Indians?
Yes. A federal court ruling said Canada’s 400,000 non-status Indians and 200,000 Métis fall under federal rather than provincial jurisdiction.