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Post-War Developments

Post-War Developments. Aboriginal Rights, Land Claims, Resistance Part One. The Right to Vote. BC – 1949 Federally – 1960 First Aboriginal Member of the Legislative Assembly – Frank Calder Also, first Aboriginal Cabinet Minister Also started the Nisga’a Tribal Council. Dr. Frank Calder.

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Post-War Developments

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  1. Post-War Developments Aboriginal Rights, Land Claims, Resistance Part One

  2. The Right to Vote • BC – 1949 • Federally – 1960 • First Aboriginal Member of the Legislative Assembly – Frank Calder • Also, first Aboriginal Cabinet Minister • Also started the Nisga’a Tribal Council

  3. Dr. Frank Calder • Dr. Frank Calder was the first status Indian admitted to UBC; first to be elected to the Legislature, serving for 26 years; first to Canadian Parliament; and first appointed a Minister of the Crown. He is a tireless champion of equality for Aboriginal peoples. • He founded the Nisga'a Tribal Council, the first established in B.C. He served as its president for 20 years, then as research director and consultant since 1974. He was named Chief of Chiefs, an unprecedented tribute by all four Nisga'a clans. http://www.protocol.gov.bc.ca/protocol/prgs/obc/2004/2004_FCalder.htm

  4. 1951 – Major Changes to Indian Act • Most discriminatory clauses dropped • Ban on Potlatch • Ban on Land Claims activities • Women get the right to vote in Band Council Elections Potlatch RegaliaDance regalia given up by Kwakiutl who attended Dan Cranmer's potlatch in 1921 at the village of Alert Bay, NWT (courtesy Royal British Columbia Museum).

  5. Studies, Hearings, Papers • A Joint Committee report on 1963 recommended a land claims commission – went no where • 1963 – a study, called the Hawthorn Report • 91 Recommendations • ‘Integration or assimilation are not objectives anyone can properly hold for the Indian’ (see remainder, p. 134)

  6. White Paper, 1969 • Statement of the Government of Canada on Indian Policy • Issued by then Minister of Indian Affairs, Jean Chretien, who would later become the Prime Minister • The Prime Minister at this time was Pierre Elliot Trudeau • Proposed: • Repealing the Indian Act • End any status of First Nations had at Confederation (ie, title) • Denied Government responsibility for Inuit and Metis

  7. Response to White Paper • Storm of protest across the country – the politicians had underestimate the fury by First Nations and their sense of betrayal • Strengthened Aboriginal people to keep fighting • Union of BC Indian Chiefs – BC had a particular interest as it had no treaties (formed as a result) Current Grand Chief Stewart Phillip, right, with David Eby, executive director of the B.C. Civil Liberties Association, at a press conference at the Union of B.C. Indian Chiefs’ headquarters in Gastown , 2009

  8. Court Cases • Most changes to Aboriginal rights and title will come through the court cases • Calder Case, Nisga’a, final ruling 1973 • After 1982 Charter and new Constitution • Sparrow Case • Van der Peet v. The Queen • Delgamuukw v. The Queen

  9. Calder Case • 1907 Nisga’a Land Committee formed • 1969 – after years of work, they finally took the BC Government to Court • http://www.youtube.com/watch?v=YN2fOBqJpEA • Filed under the name of Frank Calder • Argued that Aboriginal Title to the Nass Valley had not been extinguished • Supreme Court of BC did not agree because Royal Proclamation did not apply in BC Appealed to BC Court of Appeal, upheld as above

  10. Appealed to Supreme Court of Canada - 1973 • Did not succeed at court again, but still considered a major victory • Agreed the Nisga’a had held title to their land when the colonial government was formed • Judges split on whether title still held in 1970

  11. Federal Treaty Process Put In Place • Comprehensive Land Claims • Where no treaty had been written • Therefore the land was unsurrendered • Specific Land Claims • Where treaties were written, but where the Department of Indian Affairs had not lived up to its responsibilities • Cut-off lands • DIA mismanagement of Band funds • Terms not met

  12. Problems with the Land Claims program • Sign the deal, extinguish rights • BC, not recognizing title, refused to participate • Federal Government would not consider Self-Government –now on the agenda for First Nations • Two claims were negotiated under this: • James Bay and Northern Quebec Agreement • Northeaster Quebec Agreement

  13. Tribal Councils Formed • A few had already existed – Nuu-chah-nulth and Nisga’a • Now more created as they worked to show rights to territory in order to achieve land claims • Needed to document traditional use of the land for the process Carrier-Sekani Tribal Council

  14. Toward Self-government • Away from bureaucracy of the Department of Indian Affairs • Tribal Councils and Band Councils take over more management responsibilities

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