Treaties andTreaties andLand ClaimsLand Claims

Numbered Treaties, 1876 - 1921

Nunavut Territory, 1999

Cut-Off LandsCut-Off Lands

Reserve Land that had been Reserve Land that had been taken from the government taken from the government without the permission of the without the permission of the Aboriginal Peoples. Aboriginal Aboriginal Peoples. Aboriginal leaders wanted to claim this land leaders wanted to claim this land backback..

Aboriginal TitleAboriginal Title

is another term for land belonging is another term for land belonging to the Aboriginal Peoples – to the Aboriginal Peoples – Land Land Claims Claims to areas that their to areas that their ancestors had for a long time.ancestors had for a long time.

Specific and Comprehensive Specific and Comprehensive Land ClaimsLand Claims

Specific Land Claims Specific Land Claims - claims that were made by - claims that were made by treaties (through deals with the Canadian government), treaties (through deals with the Canadian government), and their terms have not been kept. and their terms have not been kept.

i.e. part of reserve land taken away for building of a i.e. part of reserve land taken away for building of a highwayhighway

Comprehensive Land Claims Comprehensive Land Claims – this is usually about – this is usually about land where no treaties have been signed; instead, it’s land where no treaties have been signed; instead, it’s based on re-claiming land that was traditionally theirs based on re-claiming land that was traditionally theirs

Land Claims in B.C.Land Claims in B.C.

Most land claims in B.C. are Most land claims in B.C. are comprehensive because the Aboriginals comprehensive because the Aboriginals believe that they have rightful ownership of believe that they have rightful ownership of this land through their ancestors. No this land through their ancestors. No treaties to officially give up this land have treaties to officially give up this land have been signed.been signed.

Opposition to Land Claims in Opposition to Land Claims in B.C.B.C.

Many deny the 1763 proclamation is valid (Aboriginals Many deny the 1763 proclamation is valid (Aboriginals argue that it gives them right to the land) b/c Royal Proc. argue that it gives them right to the land) b/c Royal Proc. Originally stated that any land not purchased or claimed Originally stated that any land not purchased or claimed will belong to the “Indians”will belong to the “Indians”

Parts of the North and B.C. were not known to British at Parts of the North and B.C. were not known to British at the timethe time

Want written records so that First Nations members can Want written records so that First Nations members can show proof of land ownershipshow proof of land ownership

Nisga’a TreatyNisga’a Treaty

Fighting for acknowledgement of the Aboriginal Fighting for acknowledgement of the Aboriginal Land title – that their right to lad does exist and Land title – that their right to lad does exist and needs to be recognized by the gov’tneeds to be recognized by the gov’t

The Nisga’a people signed a treaty with the Cdn. The Nisga’a people signed a treaty with the Cdn. Government. They were given powers of self-Government. They were given powers of self-government as well as a large plot of land, government as well as a large plot of land, including resources, fishing and hunting rights, including resources, fishing and hunting rights, and $190 and $190

million million

Nisga'a Treaty - 2000Nisga'a Treaty - 2000The Nisga'a Treaty is a negotiated The Nisga'a Treaty is a negotiated agreement between the Nisga'a Nation, agreement between the Nisga'a Nation, the Government of British Columbia the Government of British Columbia (B.C.) and the Government of Canada. (B.C.) and the Government of Canada. The last step needed to give legal effect The last step needed to give legal effect to the Treaty took place on April 13, to the Treaty took place on April 13, 2000, when Parliament passed the 2000, when Parliament passed the Nisga'a Final Agreement ActNisga'a Final Agreement Act..As part of the settlement in the Nass As part of the settlement in the Nass River valley nearly 2,000 square River valley nearly 2,000 square kilometres of land was officially kilometres of land was officially recognized as Nisg? a'a, and a 300,000 recognized as Nisg? a'a, and a 300,000 cubic decameter water reservation was cubic decameter water reservation was also created. The Bear Glacier also created. The Bear Glacier Provincial Park was also created as a Provincial Park was also created as a result of this agreement. The land-result of this agreement. The land-claim's settlement was the first formal claim's settlement was the first formal treaty between a First Nation and the treaty between a First Nation and the Province of British Columbia since Province of British Columbia since colonial times.colonial times.

DelgamuukwDelgamuukw – 1997-98 – 1997-98Gitksan +Wet’suwet’es Gitksan +Wet’suwet’es peoples’ claimspeoples’ claimsDefined aboriginal title –Defined aboriginal title –ruled Aboriginal groups ruled Aboriginal groups could claim ownership of could claim ownership of land if they can prove that land if they can prove that they occupied the land they occupied the land before the Canadian before the Canadian government claimed government claimed sovereignty, and occupied it sovereignty, and occupied it continuously/exclusively.continuously/exclusively.If government building is If government building is next to native reserve –must next to native reserve –must consult. i.e - effects on consult. i.e - effects on reserve- aboriginals claim to reserve- aboriginals claim to have never been consulted. have never been consulted.

Creation of Nunavut 1999Creation of Nunavut 1999

Sign land claim treaty with Canada –> get Sign land claim treaty with Canada –> get power to self-governpower to self-govern

Are 29 000 people prepared to handle the Are 29 000 people prepared to handle the governorship of 1.6 million sq. km?governorship of 1.6 million sq. km?

Oka Standoff- 1990Oka Standoff- 1990

HISTORICAL CONTEXTHISTORICAL CONTEXT

While Quebec was looking into the idea of While Quebec was looking into the idea of holding a new referendum on sovereignty, the holding a new referendum on sovereignty, the Canadian First Nations were attempting to Canadian First Nations were attempting to gain their own recognition as an independent gain their own recognition as an independent people within Canada. people within Canada. CLIP #1: CLIP #1: http://archives.cbc.ca/politics/civil_unrest/topics/99/http://archives.cbc.ca/politics/civil_unrest/topics/99/

SUMMARYSUMMARY

WHO: Mohawk Nation, Kanesatake Reserve, QuebecWHO: Mohawk Nation, Kanesatake Reserve, QuebecWHAT: Dispute over plans to expand a golf course on WHAT: Dispute over plans to expand a golf course on Native land.Native land.WHEN: April 1990- September 1990 (Standoff lasted 11 WHEN: April 1990- September 1990 (Standoff lasted 11 weeks)weeks)HOW: A barricade was erected at Oka. HOW: A barricade was erected at Oka. WHY: The land which the mayor of Oka and other WHY: The land which the mayor of Oka and other citizens of the city were eyeing for the new golf course citizens of the city were eyeing for the new golf course was being claimed as long-held ancestral land by the was being claimed as long-held ancestral land by the Mohawks. Mohawks.

The Standoff BeginsThe Standoff BeginsOn July 11, 1990, the police attacked the barricade On July 11, 1990, the police attacked the barricade being guarded by the Natives. Shots were fired and being guarded by the Natives. Shots were fired and Marcel Lemay, an agent with the Sûreté du Québec Marcel Lemay, an agent with the Sûreté du Québec (provincial police force), was killed. (provincial police force), was killed. The conflict took on an entirely new perspective from The conflict took on an entirely new perspective from that moment on. The Mohawk claims were no longer that moment on. The Mohawk claims were no longer strictly territorial in nature, but rather a demand for strictly territorial in nature, but rather a demand for recognition of Native independence. recognition of Native independence.

CLIP#4CLIP#4http://archives.cbc.ca/politics/civil_unrest/http://archives.cbc.ca/politics/civil_unrest/

topics/99/topics/99/

Negotiations FailNegotiations Fail

The government refused to negotiate while The government refused to negotiate while the Mohawk barricades were up. They sent in the Mohawk barricades were up. They sent in the provincial police to erect its own the provincial police to erect its own barricades on the roads leading to the barricades on the roads leading to the municipality of Oka and the Kanesatake municipality of Oka and the Kanesatake reserve. reserve. CLIP #5CLIP #5

http://archives.cbc.ca/politics/civil_unrest/topics/99/http://archives.cbc.ca/politics/civil_unrest/topics/99/

The ShowdownThe Showdown• The Mohawk were not willing to dismantle their The Mohawk were not willing to dismantle their

barricades and therefore Robert Bourassa (then barricades and therefore Robert Bourassa (then Premier) called in the Canadian Armed Forces.Premier) called in the Canadian Armed Forces.

• Despite the armed presence, negotiations were slow, Despite the armed presence, negotiations were slow, and it took several weeks before roads were able to and it took several weeks before roads were able to reopen to regular traffic. reopen to regular traffic.

• CLIP #7CLIP #7http://archives.cbc.ca/politics/civil_unrest/topics/99/http://archives.cbc.ca/politics/civil_unrest/topics/99/

• CLIP #8CLIP #8http://archives.cbc.ca/politics/civil_unrest/topics/99/http://archives.cbc.ca/politics/civil_unrest/topics/99/

ConclusionConclusion

Twenty days later, on September 26, 1990, Twenty days later, on September 26, 1990, the last barricades were taken down and the the last barricades were taken down and the Warriors gave up the fight.Warriors gave up the fight.

CLIP #10CLIP #10http://archives.cbc.ca/politics/civil_unrest/http://archives.cbc.ca/politics/civil_unrest/

topics/99/topics/99/

Gustafsen Lake Standoff - 1995Gustafsen Lake Standoff - 1995The The Gustafsen Lake StandoffGustafsen Lake Standoff was an was an indigenous land dispute involving the indigenous land dispute involving the Secwepemc Nation in British Columbia, Secwepemc Nation in British Columbia, Canada which began on June 15, 1995, and Canada which began on June 15, 1995, and lasted until September 17, 1995.lasted until September 17, 1995.In June of 1995, Indigenous people from the In June of 1995, Indigenous people from the Secwepemc (Shuswap) and other nations Secwepemc (Shuswap) and other nations began an occupation of sacred Sun Dance began an occupation of sacred Sun Dance lands at Tslands at Ts’’Peten (pronounced "che-peten"), Peten (pronounced "che-peten"), also known as Gustafsen Lake, near 100 also known as Gustafsen Lake, near 100 Mile House, British Columbia. Mile House, British Columbia. The occupation at TsThe occupation at Ts’’Peten followed a long Peten followed a long history of attempts to gain recognition of history of attempts to gain recognition of Secwepemc sovereignty by the Canadian Secwepemc sovereignty by the Canadian Government, and indigenous rights to Government, and indigenous rights to unceded lands in British Columbia.unceded lands in British Columbia.The standoff began when a previous The standoff began when a previous arrangement from 1989 to hold sun dances arrangement from 1989 to hold sun dances on Crown Land under the jurisdiction of BC on Crown Land under the jurisdiction of BC rancher Lyall James broke down. rancher Lyall James broke down.

Gustafsen Lake StandoffGustafsen Lake StandoffSome Natives chose to remain at Gustafsen Some Natives chose to remain at Gustafsen Lake and continue to hold annual sun dances Lake and continue to hold annual sun dances in defiance of threats of eviction by Lyall in defiance of threats of eviction by Lyall James, and to assert indigenous rights to the James, and to assert indigenous rights to the land.land.The British Columbia Attorney General Ujjal The British Columbia Attorney General Ujjal Dosanjh, branded the occupation as strictly a Dosanjh, branded the occupation as strictly a criminal matter, refusing to consider political criminal matter, refusing to consider political negotiations.negotiations.After failed negotiations, the RCMP After failed negotiations, the RCMP launched one of the largest police launched one of the largest police operations in Canadian history, including operations in Canadian history, including the deployment of four hundred tactical the deployment of four hundred tactical assault team members, five helicopters, assault team members, five helicopters, two surveillance planes and nine two surveillance planes and nine Armoured Personnel Carriers. Armoured Personnel Carriers. 8 land mines were also used. 8 land mines were also used. By the end of the 31-day standoff, police By the end of the 31-day standoff, police had fired over 77,000 rounds of had fired over 77,000 rounds of ammunition, one woman had been shot, ammunition, one woman had been shot, and a dog had been killed.and a dog had been killed.

Gustafsen Lake StandoffGustafsen Lake StandoffResolutionResolution

14 indigenous and 4 non-native people 14 indigenous and 4 non-native people were charged following the siege, fifteen were charged following the siege, fifteen of whom were found guilty and sentenced of whom were found guilty and sentenced to jail terms ranging from six months to to jail terms ranging from six months to eight years. eight years. The leader of the occupation, William The leader of the occupation, William (Wolverine) Jones Ignace, was found (Wolverine) Jones Ignace, was found guilty of mischief to property, mischief guilty of mischief to property, mischief causing danger to life, possession of causing danger to life, possession of firearms and explosives, discharging a firearms and explosives, discharging a firearm at police, and using a firearm to firearm at police, and using a firearm to assault police officers. assault police officers. 3 of the defendants appealed the verdicts 3 of the defendants appealed the verdicts on the grounds that the Canadian courts on the grounds that the Canadian courts have no jurisdiction over the lands where have no jurisdiction over the lands where the Gustafsen Lake standoff took place, the Gustafsen Lake standoff took place, which they claimed remain unceded which they claimed remain unceded indigenous land. The Supreme Court of indigenous land. The Supreme Court of British Columbia refused to hear the British Columbia refused to hear the appeal.appeal.

Wolverine

Ipperwash Crisis - 1995Ipperwash Crisis - 1995

land dispute that in land dispute that in Ipperwash Provincial Park, Ipperwash Provincial Park, Ontario in 1995. Ontario in 1995. Several members of the Several members of the Stoney Point Ojibway band Stoney Point Ojibway band occupied the park in order occupied the park in order to assert their claim to the to assert their claim to the land. land. led to a violent led to a violent confrontation between confrontation between protesters and the Ontario protesters and the Ontario Provincial Police, who Provincial Police, who killed protester Dudley killed protester Dudley George. George.

Ipperwash CrisisIpperwash Crisis

The ensuing The ensuing controversy was a controversy was a major event in major event in Canadian politics, and Canadian politics, and a provincial inquiry, a provincial inquiry, under former Ontario under former Ontario Chief Justice Sidney Chief Justice Sidney Linden, investigating Linden, investigating the events was the events was completed in the fall of completed in the fall of 2006.2006.

Dudley Goerge

Ipperwash - Return of landIpperwash - Return of land

On December 20, 2007, the Ontario Provincial On December 20, 2007, the Ontario Provincial government announced its intention to return the 56-government announced its intention to return the 56-hectare Ipperwash Provincial Park to its original owners, hectare Ipperwash Provincial Park to its original owners, the Chippewas of Kettle and Stony Point First Nation.the Chippewas of Kettle and Stony Point First Nation. The decision did not take immediate effect, as the land The decision did not take immediate effect, as the land will be "co-managed" by the Province and the will be "co-managed" by the Province and the Chippewas, with consultation from the surrounding Chippewas, with consultation from the surrounding community, for the time being.community, for the time being.According to Aboriginal Affairs Minister Michael Bryant, According to Aboriginal Affairs Minister Michael Bryant, the land will be fully returned over an unspecified period the land will be fully returned over an unspecified period of time, until the Chippewas have full control.of time, until the Chippewas have full control.