Study Notes from lecture 6 onwards.docx

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University of Toronto St. George
Political Science
Rauna Kuokkanen

POL 308 1 Lecture 6 Residential SchoolsGeneral Land Claim if didnt sign a treatySpecific Land Claim if signed a treaty which has been violated Nisgaa Treaty 2000 in Northern BC first land claims agreement in any province since James Bay Quebec agreement BCs first modern land claims agreement first treaty to incorporate land claims and self government their quest began over 100 years ago took 2 decades to negotiate first to contain constitutionally entrenched Aboriginal legislative powers that can override the Cdn govt they are able to enact various laws to do with culture their assets child and family services etc as long as they are consistent with or better than Government laws Nisgaa Lisims Central Government and governments for the 4 main villages gave them 2000 sqkm of land they can create their own police service and civil court they are also able to legislate beyond their local boundaries in all their lands have a general responsibility in areas like health education corrections justice and social services their power is entrenched the Indian Act only applies to them in determining who is an Indian their Aboriginal title and rights have not been extinguished but they have released any rights from their treaty there are concerns about overlapping claims Status overview 25 comprehensive claimsself government agreements have been reached there are 19 self govt agreements and 7 comprehensive claims ongoing 6 unsettled claims in territories special claims and settlement negotiations in 2007 nearly 800 outstanding specific claims roughly 80 are bottle necked at the assessment stage awaiting a response from Canada Oct 351 settled and 674 concluded by the new independent tribunalsettled means they have been resolved through negotiated settlementconcluded resolved in other ways ie file closure by govt Residential Schools officially started in 1879 but had existed way before this was a partnership btw the state and various churches the Indian Act amendment in 1894 made it compulsory for all Ab children it was part of a government assimilation policy the govt was supposed to supervise and set standards the education was for manual and domestic labour 3060 mortality rates in Western Canada over 150 000 children were forced to attend these schools which could be hundreds of miles away from their homes led to unresolved trauma which was passed on ie abuse led to lack of thparenting skills no culture until 20 they spent half the day performing manual labour to subsidize the cost of schools this was presented as occupational training the skills were gender separated with girls learning domestic skills and boy hard labour Recourse Fontaine Chief of First Nations spoke out led to apology in 1990s a class actions lawsuit was filed against the government and the churches involved 1998 a Statement of Reconciliation was issued by the government churches have also been quite involved Aboriginal Healing Foundation community based healing projects were given 350 million 2003 the Alternative Dispute Resolution Process to enable outside of court compensation and psychological support by 2005 nearly another 20 000 claimants had joined the lawsuits 2007 settlement and compensation and official government apology as well as the establishment of Truth and Reconciliation Foundation Indian Residential Schools Settlement Agreement 2007largest class action suit in Canadian history to compensate the 80 000 childrena lot of survivors had died measures to address the legacy 1 common experience payment to all 2 A Truth and Reconciliation Commission 3 Independent Assessment Process 4 Commemoration 5 Healing 125 million to foundation for thissome of the churches provided part of the fundingPOL 308 2Truth and Reconciliation Foundation Mandate to learn what happened in the schools and to inform all Cdns to work towards renewed relationships based on mutual understanding and respect Reconciliation seen as an ongoing individual and collective process that will require participation from all those affected by the residential school experience Objectives prepare a complete historical record on the policies and operation of the schools complete a public report with recommendations to the parties of the Residential School Settlement Agreement est a national research centre as a lasting resource about them Activities statement gathering from those involved national events community events research public education commemoration Concerns lack of independence sincerity of PM apology As it was part of a court settlement signed after rejecting agreement negotiated with the Liberals for 5 billion some are calling for reopening of the case Funding cutbacks lack of access to records no subpoena pwrs or ability to grant immunity not an official public inquiry nor a formal legal process lack of general awareness or interest currently it is halfway through its mandate Lecture 7 The White 1969 and Red Papers AboriginalCrown Relationship 4 stages RCAP Report 1996 1Separate Worlds precontact Aboriginal nations were organized in societies and occupying the land as theirforefathers had done for centuries SCC 2Contact and cooperationEra of fur trade the Royal Proclamation and early treaty making hundreds of preconfederation treaties 3Displacement and Assimilation The Indian Act postconfederation treaties reserves residential schools4Negotiation and Renewal 1970s onwards Resistance to the Indian Policy paper the White Paper ushered in a new era After the Second World WarA joint committee of the Senate and the House of Commons 19461948The Indian Act amendments of 1951 Assimilationist framework prevailedBy the 1960s serious socioeconomic barriers greater poverty and higher infant mortality rates lower life expectancy and levels of education 1963 federal government commissioned the Hawthorn Report Hawthorn Report Aboriginal peoples were Canadas most disadvantages and marginalized population citizens minus Failed government policy Especially the residential school system students unprepared for participation in the contemporary economy Recommended citizens plus statusProvided with the opportunities and resources to choose their own lifestylesAdvocated ending all forced assimilation programs The White Paper 1969 Trudeaus campaign for a just society to enable the Indian people to be freefree to develop Indian cultures in an environment of legal social and economic equality with other Canadians The White Paper Proposal 1 Eliminate Indian status 2 Dissolve the Department of Indian Affairs within five years and abolish the Indian Act
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