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First Peoples and the State
FPST 398b
46
Political Studies
Undergraduate 2
10/24/2012

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Cards

Term
Describe the Indian Act and What year was it enacted?
Definition
1876. The fundamental piece of legislation that determines and manages all aspects of the lives of indigenous peoples on reserves.
Term
T/F - "Indians" don't pay taxes if they live or work on reserve.
Definition
T
Term
T/F - Status is determined by percentage of parentage and can be lost if the degree is insufficient.
Definition
T
Term
What are the 3 language families in Quebec?
Definition
Algonquin, Iroquois, and Eskimo-Aleut.
Term
What was the Oka crisis and when did it take place?
Definition
An armed standoff between Mohawk protestors and the Canadian army in the summer of 1990.
Term
How does the Indian Act describe the relationship of the aboriginal people with the state?
Definition
They are "wards of the state under federal guardianship".
Term
What is the difference between a reserve and an indian settlement?
Definition
A reserve is federal land set aside for exclusive use of status indians.
An indian settlement is provincial land where a band is allowed to reside. Ex: Winnawe and Kitasakik
Term
Describe the colonization process.
Definition
1-The incursion of the colonizing group into a
geographical area;
 2-Destructive effect on the social and cultural structures
of the indigenous group;
 3-External political control;
 4-Aboriginal economic dependence;
 5-Provision of low-quality services for the colonized
Aboriginal persons;
 6-Racism and the establishment of a colour-line;
 7-The ultimate consequences of colonization is to
weaken the resistance of Aboriginal people to the point
at which they can be controlled
Term
What impact did the war of 1812 have on the relationship between natives and the state?
Definition
The 1812 victory led to a lack of need for native help in fighting, in the 1820s they were no longer needed for commerce either, soon became minorities in their own land as the land was the only thing the government needed.
Term
Define Terra Nullus.
Definition
Land empty, without presence of any visible society.
Term
Decolonization will begin when:
Definition
- We acknowledge that Canada was not established on empty land
- Aboriginal people re-spiritualize and separate from the colonial identity
Term
T/F - The Royal Proclamation was written in 1923.
Definition
F. It was written in 1763.
Term
T/F - The Indian Act doesn't apply to the Inuit or Metis.
Definition
T
Term
What were the 2 ways to lose status?
Definition
1. If a native woman married a non-native man. Her children would also lose status.
2. By being enfranchised.
Term
What does enfranchisement mean?
Definition
Indians could voluntarily give up or automatically lose status (depending on the time) by joining the army, entering a liberal profession, going to university, etc.
Term
What year was Bill C-31 enacted?
Definition
1985
Term
What were the provisions of Bill C-31?
Definition
1. Did away with "patrilineal" definitions of eligibility for status, replaced with gender-neutral rules.
2. Enabled bands to assume control of band membership list on the condition that they adopt a membership code that conforms to the bill.
3. Allowed bands to deny membership to certain classes of indians who would otherwise have been entitled to membership before.
4. Rescinded enfranchisement provisions of old Indian Act and provided for reinstatement
Term
T/F - if an indian man married a non-indian woman, she would gain status.
Definition
T
Term
What is the "second wave cut-off"?
(Section 6 of C-31)
Definition
Section 6 creates a division between those with 2 indian parents [6-(1)s] and and those with only 1 indian parent [6-(2)s]. 6-(2)s cannot pass on status to children, thus the second wave cut-off.
Term
During what period were social and cultural celebrations banned?
Definition
1884-1951
Term
When were federal voting rights granted? And when at the QC provincial level?
Definition
1960 federal and 1969 in Quebec
Term
What did the Hawthorne-Trembley report conclude?
Definition
It was the first systematic non-aboriginal critique of the system and conditions.
Said aboriginals should be considered "citizens plus", should have the same rights as the rest of the country, plus compensation for suffering.
Term
What were the 5 proposals of the 1969 White Paper?
Definition
1. End Indian Status
2. Abolish aboriginal rights and cancel treaties
3. Grant indians title and control of their land, reserves become would become municipalities
4. To abolish the Indian Act and the Indian Affairs
department
5. Indian would receive services and paid taxes to
provincial and municipal governments
Term
What has been the real rationale behind most legislation referring to indians?
Definition
Assimilation into the mainstream of Canadian
state and society.
Term
What were some of the responses to the White Paper?
Definition

- Status Indians wanted self government, not assimilation

- Belief that aboriginal peoples had the right to assert cultures long suppressed by the government and the church policies.

- Saw White Paper as cultural genocide

Term
What year was the white paper proposed?
Definition
1969
Term
What are the two types of land claims and what are the differences between them?
Definition
Specific Land Claim:
 Claim made by a First Nation against the federal government relating to the nonfulfillment of an historic treaty or the mismanagement of First Nation land or other assets.
Comprehensive Land Claim:
 “Comprehensive Land Claims Agreements are negotiated in areas of the country where
Aboriginal rights and title have not been addressed by treaty or through other legal means.
These agreements are modern-day treaties between Aboriginal claimant groups, Canada
and the relevant province or territory.” (Source: AANDC website)
Term
What are the 6 steps of a comprehensive claims agreement?
Definition
 Submission of Claim
 Acceptance
 Framework agreement
 Agreement in Principle (AIP)
 Final agreement and Ratification
 Implementation
Term
What was the 1975 James Bay and Northern Quebec Agreement?
Definition
First territorial treaty in Quebec. In return for surrendering Aboriginal title over the James Bay and Ungava territory, the Cree and the Inuit obtain financial package, a say in land management and the creation of local government structures.
Term
What was the 1973 Calder Case?
Definition
Frank Calder, Nisga'a chief went to supreme court to say Nisga'a had occupied the land since time immemorial and that their title had never been properly extinguished.

- “led the government to negotiate land claims based on
outstanding Aboriginal title”
- Confirmed existence of aboriginal law as concept of canadian law
Term
What was the 1983 Penner report?
Definition

Recommends that the federal government recognize First Nations as a distinct order of government within the Canadian federation and pursue processes leading to self government.

Penner also proposed the constitutional entrenchment of self-government.

Term
Why the federal system is an institutional obstruction for aboriginal self-determination?
Definition
 1-the constitution does not recognize the aboriginals as a constituent political entity
 2-in a federal context, ‘stateless’ minorities are often more vulnerable to regional
interests, which benefit from a more direct link with provincial governments
 3- between the federal government and the provinces, who must exercise authority
over Aboriginal peoples
Term
What is the definition of federalism according to Papillon?
Definition
Federalism “is a system of government where, for a single community of citizens, we find two levels of government whose powers, defined by the constitution, are mutually exclusive”
Term
T/F - Aboriginal people just want to be granted the right to self governance.
Definition
F.
Aboriginal peoples do not want to be “granted” self-government, but rather have Canadians recognize that Aboriginal government existed before contact and establish the conditions that would permit the revival of their governments
Term
T/F - Treaties attest to the fact that the Crown acknowledged the self-governing status of First Nations at the time of signing
Definition
T
Term
Explain the Indigenous conception of land compared
to the European conception.
Definition
Indigenous people view land as a sacred source of life for everyone's benefit with their role as stewards of the land.
Europeans view land as a source of profit that can be owned, transformed, and is for the benefit of humans.
Term
T/F - there were no territorial treaties in QC prior to the 1975 James Bay and Northern Quebec Agreement.
Definition
T
Term
What are the historical treaties?
Definition
1-PEACE AND FRIENDSHIP TREATIES (1725-1779)

2-LAND TREATIES:
•UPPER CANADA TREATIES (1764 TO 1862)
•ROBINSON TREATIES (1850)
•DOUGLAS TREATIES -VANCOUVER ISLAND TREATIES (1850-1854)
Term
What are the post-confederation treaties?
Definition
•NO. 1 TO 11 NUMBERED TREATIES (1871-1922)
•WILLIAMS TREATY (1923)
Term
What does the 1982 constitution act say about native rights?
Definition
It recognizes existing Aboriginal and treaty rights.
Term
What did the 1983 Penner report recommend to the government?
Definition
-that the federal government recognize First Nations as a distinct order of government within the Canadian federation
- pursue processes leading to self government.
- constitutional entrenchment of self-government.
Term
Why is the federal system an institutional obstruction for aboriginal self-determination?
Definition

1- the constitution does not recognize the aboriginals as a constituent political entity

2- in a federal context, ‘stateless’ minorities are often more vulnerable to regional interests, which benefit from a more direct link with provincial governments

3- between the federal government and the provinces, who must exercise authority over Aboriginal peoples

Term
What does Alfred say is the key to beginning the process of decolonization?
Definition
Transformations
begin inside each person, but decolonization starts becoming
a reality when people collectively and consciously reject
colonial identities and institutions that are the context of
violence, dependency and discord in indigenous communities.
Term
According to Alfred, the early peace and friendship treaties recognizing indigenous nationhood and sovereignty and guaranteeing protection of indigenous homelands flow from what politico-economic imperative?
Definition
The policy of European and Euroamerican governments since first contact has not only been guided by mistaken notions of racial superiority and divine rights to domination, but also largely by the needs of a capitalist mode of production. Early in the fur trade era, Europeans required indigenous allies in trade and in war.
Term
define: consociation
Definition
State ideology that identifies citizens with respect to ethno-national identity
Term
define: universalistic
Definition
State ideology that identifies citizens solely as individuals and recognizes no ethnonational communities.
Must be overturned.
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