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APL - timeline
Transcript of APL - timeline
1876 Indian Act
1982 Constitutional Amendment s.35
1763 Royal Proclamation
2007 Residential Schools Agreement
Historic Treaties 1725-1921
Hudson Bay Co Charter 1670
AND FURTHER, WE DO by these Presents, for Us, Our Heirs and Successors, make, create and constitute, the said Governor and Company for the Time being, and their Successors, the true and absolute Lords and Proprietors, of the same Territory, Limits and Places aforesaid, and of all other the Premisses.
Royal Proclamation 1763
And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.
Calder v BC 1973
"The fact is that when the settlers came, the Indians were there, organized in societies and occupying the land as their fore- fathers had done for centuries. This is what Indian title means."
"Peace, friendship and mutual respect"
Peace and Friendship Treaties
Upper Canada Treaties
1850 (Great Lakes)
"Neither of us will try to steer the other's vessel."
Constitution Act 1867
s.91: The exclusive Legislative Authority of the Parliament of Canada extends to ... (24) Indians, and lands reserved for the Indians.
Treaty of Albany 1664
Logan v Styres 1959
"Those of the Six Nations so settling on such lands... by accepting the protection of the Crown then owed allegiance to the Crown and became subjects of the Crown."
Creation of Seigneurie du Sault Saint Louis 1680
Bill C-31 1985
s.6 (1) A person is entitled to be registered if:
(a) that person was registered or entitled to be registered immediately prior to April 17, 1985; …
(f) that person is a person both of whose parents are entitled to be registered under this section.
(2) A person is entitled to be registered if that person is a person one of whose parents is entitled to be registered under subsection (1). …
McIvor v Canada (2009)
s.6 Indian Status
s.10 Band Membership
Rights to reserve land
White Paper 1969
"Indian relations with other Canadians began with special treatment by government and society,
and special treatment has been the rule since Europeans first settled in Canada. Special
treatment has made of the Indians a
community disadvantaged and apart...
We can no longer perpetuate the
separation of Canadians."
"I want to get rid of the Indian problem. Our object is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic."
Duncan Campbell Scott 1920
s.35 Constitution Act 1982
The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
The words "recognition and affirmation" incorporate the fiduciary relationship referred to earlier and so import some restraint on the exercise of sovereign power
s. 35(1) provide[s] the constitutional framework through which the fact that aboriginals lived on the land in distinctive societies, with their own practices, traditions and cultures, is acknowledged and reconciled with the sovereignty of the Crown. The substantive rights ... recognized and affirmed by s. 35(1) must be directed
towards the reconciliation of the pre-existence of
aboriginal societies with the sovereignty
of the Crown.
Comprehensive Claims policy 1973
"To respond to the call for recognition of Native land rights by negotiating fair and equitable settlements."
R v Sparrow 1990
R v Van Der Peet 1996
Haida Nation v BC 2004
s.35 represents a promise of rights recognition,
and "it is always assumed that the Crown intends
to fulfill its promises"... It is a corollary of s.35 that
the Crown act honourably in defining the rights it guarantees and in reconciling them with other rights and interests. This, in turn, implies a duty to consult, and, if appropriate, to accommodate.
There is an emerging and compelling desire to put the events of the past behind us so that we can work towards a stronger and healthier future. The truth telling and reconciliation process as part of an overall holistic and comprehensive response to the Indian Residential School legacy is a sincere indication and acknowledgement of the injustices and harms experienced by Aboriginal people and the need for continued healing. This is a profound commitment to establishing new relationships embedded in mutual recognition and respect that will forge a brighter future. The truth of our common experiences will help set our spirits free and pave the way to reconciliation.
Indian Residential Schools Truth and Reconciliation Commission Mandate
Indian Act 1876
s.2(1)(a) A “band” means a body of Indians for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart.
s.12(1)The following persons are not entitled to be registered, namely, (b) a woman who married a person who is not an Indian. [Now repealed]
2. If any English, Dutch or Indian under the proteccon of the English do any wrong injury or violence to [Indians], if they complaine to the Governor, that person shall recieve condigne punishmt and all due satisfaction shall be given.
3. If any Indian belonging to the Sachims do any wrong injury or damage to the English, Dutch or Indians under the proteccon of the English, if complaint be made to ye Sachims, then the person so offending shall be punished and all just satisfaccon shall be given to any of His Ma'ties subjects.