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To what extent has Canada affirmed Collective Rights?

In what ways does the charter meet the needs of the Francophones/Anglophones in minority settings?
by

Nolan Hawreliak

on 6 February 2013

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Transcript of To what extent has Canada affirmed Collective Rights?

By: Nolan Hawreliak To what extent has Canada affirmed
Collective Rights? In the late 1400's, the Aboriginals were thriving in Canada being the only ones settled in the country. They were well governed, they had vast trade within their groups such as First Nations and Inuit, they traveled for the hunt and fish depending on time of year, and they lived in tipis and longhouses. The Aboriginals had a fair quality of life and fair freedom. Until the early 1500's, all was peaceful in Canada with the Aboriginal, until the European explorers came. Numbered Treaties The numbered treaties are historic agreements that affect the rights and the identity of some First Nations in Canada. in 1763, the year that the Royal Proclamation was formed, was the beginning of the numbered treaties. The proclamation recognized First Nations rights to land and established the principals of making treaties with the First Nations through peaceful negotiations. The land given to the First Nations was determined by the British, which had an unfair advantage for British and little power for the First Nations. This left an ethnocentric point of view on the First Nations, thinking that the British were considered to be the most powerful over any other culture. what are collective rights Collective rights are rights guaranteed to specific groups in Canadian society for historical and constitutional reasons. these groups are the Aboriginal peoples (First Nations, Metis, and Inuits) Francophone, and Anglophone. Every Canadian citizen and permanent resident has individual rights under the charter of rights and freedoms. Collective rights are rights canadians hold because they are one of the original groups of Canada as stated in the constitution. They recognize the founding peoples of Canada. We wouldn't even exist today without the contribution of the original peoples. Who has collective rights In Canada, the collective rights belong to to the original peoples of Canada and the ancestors of these original peoples. collective rights originated from the Aboriginal peoples and the Europeans. What are official language minorities? An official language minority is a group that speaks one of Canada's official languages and that does not make up the majority population of a province or territory. In Canada, most of the provinces and territories are speaking English, making it a language majority, meaning that french is the language minority in AB, SK, BC, ON, etc. in Quebec however, the official language majority is French, making English the official language minority. In Nunavut, the official language majority speaks Inuktitut, making French and English the language minority. The minority language can change in any other province or territory depending on if the language majority decreases and the language minority increases. How has it effected their identity? Has Canada done enough to affirm the collective rights In my final opinion on this subject, i believe that Canada has not done enough to affirm the collective rights. Judging on my information, there have been rights and promises that are in the constitution that have been rather beneficial, but there are still some flaws that could be adjusted with this. The Aboriginals have very little land in Canada today which i find to be unfair considering they were the first to be in Canada and had more land then than they do now. The Indian act could have been changed because it was unfair and had few benefits. Even the name indian act has an offensive term to the Aboriginals. but I think that only the Aboriginals have not been affirmed, but the Europeans have enough benefits to withstand. they were given official bilingual and minority language education rights, while the Aboriginals were given land claims, but not much else was provided. they still don't have rights to wear traditional clothing, which i find to be a little offensive showing very little respect. this is only my opinion, but my mind says that more could be done to affirm collective rights. How European rights have been recognized. How has it effected their education? What are their rights? Bibliography European and Aboriginal interactions To what extent has Canada affirmed collective rights? Where and how the Aboriginal peoples started The Indian Act The Constitution How Aboriginal rights have been recognized Collective rights belong to groups of people and entrenched in Canada's constitution. The purpose of collective rights is to is to affirm the collective identity of groups in Canada's society. The collective rights of Canada are based on the relationship between the Canadian government and Canadian citizens. The reason the collective rights have upheld so many problems in the past is because of the laws that effected collective rights and the promises for the government to uphold them, which created a large amount of conflict between the First Nations and the Canadian government. Although it created opportunities for the Canadians, it created more challenges as well. Francophone speaking areas (light blue) Anglophone speaking areas (red) In the 1500's, the francophone and the anglophone were from European settlements, most commonly they came from France and from Britain. When the voyagers came to Canada, they found the First Nations, and thought they were savages. Although they appeared this way, they proved to be quite useful in the trade for furs, and would exchange it for metals and weapons. The Europeans also brought deadly diseases with them and many First Nations died from them, such as small pox. Where and how the Francophone and
Anglophone started From around the late 1500 to early 1700, many things and interactions have been going on between the Europeans and the Aboriginals. Intercultural marriages have begun and started to have children, which lead to the mixed race known as the Metis. The fur trade is also in its early stages of being established. Also, the French and the British began to fight against each other for land rights. Two important things that have also began to happen is that colonization is beginning to be established and the Europeans are trying to assimilate the Aboriginals. in 1876, a federal legislation related to the rights and status of first nations peoples known as the Indian Act was first passed and amended several times. it had effected first nations who had concluded treaties with Canada's government. It was passed without the permission and without even consulting the first nations. some major examples of how this has effected the First Nations was that they must obtain government permission to wear traditional clothing, they banned all of there traditional ceremonies, and they prevented them from participating in any form of politics. this decreased there quality of life drastically. The Europeans were considered to be ethnocentric because they controlled power and believed there culture was far more superior than any other. The constitution is a special set of laws that establish a framework of governance, they set the major laws and rights of Canada. formed in 1982, the Constitution created fair and mutual understandings between the diverse cultures of Canada like the First Nations and the Europeans. "I speak of a Canada were men and women of Aboriginal ancestry, of french and british heritage, of the diverse cultures of the world, demonstrate the will to share this land in peace, in justice, and with mutual respect." Prime minister Pierre Trudeau. Here we see the Queen next to Pierre Trudeau signing the constitution at the proclamation ceremony on April 17, 1982. The Aboriginal peoples have collective rights because they were the first to live in Canada. these groups included the First Nations, the Metis, and the Inuits. The Francophone were some of the first of peoples to arrive in Canada in the 1500s. they came from France and traveled to Canada and formed a new settlement. they stayed with the British and are now part of Canada's constitution. The Anglophone traveled to Canada with the francophone. they settled in Canada and were introduced to the First Nations in the 1500s. once here, they stayed and began to assimilate First Nations. http://www.aadnc-aandc.gc.ca/eng/ http://www.thecanadianencyclopedia.com/articles/law-and-native-people/ http://www.thecanadianencyclopedia.com/articles/canadian-identity http://www.canada.gc.ca/home.html Issues For Canadians textbook By: Patricia Lychak Thank you! The Francophone and the Anglophone as the official language groups of Canada have there own rights as shown in the Charter in sections 16 threw 20 and 23. it gives them the rights of official bilingualism giving them rights to use there languages as they please and minority language education rights which allows them to educate in there language whether it is a minority or not. the Aboriginals as well under the Charter have rights to lands and can use these lands in any ways they want, provided mostly by inherent rights from the past rights in fundamental justice. The First Nations identity has been effected over the time that the Europeans had come to Canada. they used to be thought as savages in the eyes of the First Nations, and were treated as such beings, but they had soon changed in the eyes of the Europeans and were given treaties and rights in the Constitution. The Europeans identity has also changed during this time frame by the given rights and benefits in the Constitution. such things as official bilingualism and majority/minority languages of Canada were given to them. Education played as an important factor with the Europeans and the Aboriginals. The education given to the Aboriginals was very bad due to the introduction of residential schools, which removed children from there families and disrupted their connections to their language, cultures, and identities, decreasing there quality of life. the main purpose of this was to assimilate the Aboriginals. But the constitution provided those effected by residential schools with benefits to repay them. The Europeans education was not like the Aboriginals, they had there education given to them fairly, because after the constitution, it guaranteed public schools for the protestant minority in Quebec and the catholic minority in the rest of Canada, and provided it in French and English. It is difficult to specifically list these rights, as Aboriginal peoples and the Canadian government may hold differing views. Some rights that Aboriginal peoples have practiced and recognized for themselves have not been recognized by the Crown. In a move towards addressing this gap, in 1982 the federal government enshrined Aboriginal rights in Section 35 of the Canadian Constitution, and in Section 25 of the Charter of Rights in Freedoms, the government further ensured that Charter rights cannot be changed from Aboriginal rights. the rights of the Europeans have been stated within the constitution which gave them beneficial rights in Canada. they have the rights to live in Canada wherever they wish to stay, they have the rights to speak there languages French and English, and they hold the two main languages of Canada. Rights for Francophone and Anglophone are part of what made confederation in the first place. Francophone and Anglophones in Canada have supported legislation to protect there language and preserve there culture in majority and minority settings, and has been recognized within the Constitution. By: William B. Henderson By: Charles Blattberg Modified:2012-05-30 Modified: 2012 Modified: 2012 By: Tanya Leary Modified: 2012-07-06
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