LAW 202 Lecture Notes - Lecture 10: Constitution Act, 1867, Indian Act
20 May 2018
School
Department
Course
Professor
The Indian Act
The term genocide= shock to many Canadians.
• controversy over use by the United Nations = special repertoire for the rights of
indigenous peoples on its visit to Canada
• debate among international legal experts as to whether cultural genocide is covered by
the UN convention on the prevention of genocide.
• Ultimately, whether Canada's behaviour towards indigenous peoples qualifies as
genocide by international law = secondary importance.
• clear : the Canadian state engaged in attempting to
eradicate indigenous societies and cultures within its territory
This is representative of the term cultural genocide.
The British North America Act, 1867, enabled confederation
and gave the federal government jurisdiction over Indians and
land reserved for them.
The notion of nation-to-nation relationship being a thing of the
past was made evident in 1876 when the federal government
passed the Indian Act
By 1867, Aboriginal peoples were an issue that needed to
addressed by the fed gov--- and this government had complete
power to decide on all aspects of Aboriginal people's lives.
• Ex: defining who could be a member of an Aboriginal
community
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Ultimately, whether canada"s behaviour towards indigenous peoples qualifies as genocide by international law = secondary importance: clear : the canadian state engaged in attempting to eradicate indigenous societies and cultures within its territory. This is representative of the term cultural genocide. The british north america act, 1867, enabled confederation and gave the federal government jurisdiction over indians and land reserved for them. The notion of nation-to-nation relationship being a thing of the past was made evident in 1876 when the federal government passed the indian act. Via the indian act, the canadian state imposed its domination on. The indian act was part of the policy which sought to eliminate the existence of aboriginal people as distinct groups. The indian act continued the long standing policy of enfranchising aboriginal people. Enfranchisement: the loss of one"s status as an aboriginal person and the right to membership of one"s people and community.
