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Chapter 7

Chapter 7 : Fleras Summary

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Sociology and Anthropology
SOAN 2290
Cecil Foster

Chapter 7: Fleras Chapter 7: Aboriginal Peoples in Canada Key Terms: Aboriginal (peoples) Rights- The entitlements that aboriginal peoples possess by virtue of their original occupancy of the land. These rights are unique to aboriginal peoples; secure the basis for rewards, recognition, and relationships and include the right to aboriginal models of self- determining autonomy over jurisdictions relating to land, identity and political voice. Aboriginal peoples- Aboriginal peoples represent the descendants of the original indigenous occupants of Canada who have been colonized and forcibly incorporated into Canadian Society, but now want to get out of this arrangement by redefining their relational status in society. Aboriginal Self Government- Aboriginal peoples claim that as fundamentally autonomous political communities they have the right to govern themselves in ways that reflect their realities, reinforce their experiences and advance their interests. Aboriginal title- A constitutional recognition that Aboriginal peoples continue to own their own land and resources that they have occupied continuously for centuries. The crown cannot encroach upon lands that have not been lawfully surrendered without meaningful consultation, negotiation, consent, and compensation Aboriginality- used in a descriptive sense aboriginality (being aboriginal) describers the principle by which shared awareness of original occupancy provides basis for entitlements and recognition. In a political sense, the politicization of being aboriginal involves the politics of transforming change- not only in challenging the legitimacy of the sovereign state as the paramount authority, but also in advancing innovative patterns of belonging that embody the post-colonial notion of Aboriginal Peoples as the nations within. Comprehensive Land Claims- A modern day equivalent of 19th century treaty agreements in which the crown acquired certainty of ownership over large blocks of aboriginal land. In return Aboriginal communities received rights to smaller sections of land, allocation of services, money, goods and access to crown land resources. Newer treaties tend to include protocols for establishing aboriginal self-governing arrangements as well as rights to co-manage arrangements and revenue sharing from resource extraction. Conditional Autonomy- The current phase in the evolving policy relationship between aboriginal peoples and Canadas central authorities (crown). Unlike previous phases that emphasized the elimination of things aboriginal, a commitment to conditional autonomy acknowledges the rights of aboriginal peoples as nations within, with a collective right to self-determining autonomy (with limits and strings attached) over land, identity and political voice. Constitutional Order- A tacitly assumed framework for the principle distribution of power in society, Those foundational principles that govern the social, political and economic order of society operate at relatively high levels of generality and often are beyond examination or criticism. Constructive Engagement- A new (postcolonial) social contract for redefining the relationship of aboriginal peoples to society at large. Constructive engagement is premised on the notion of Aboriginal peoples as fundamentally autonomous political communities who are sovereign in their own right while sharing sovereignty over society. Devolution- The practice of transferring responsibilities and structures to the local level on the assumption that those closest to the community have a better grasp of the local concerns than to remote bureaucrats. Devolution does not necessarily involve the transfer of power but often entails the offloading of administrative duties to periphery. Governance- The relationship between the ruled and the rulers in terms of how authority is divided, power is distributed and valued resources are allocated within a particular jurisdiction. The term is not synonymous with government, which refers to specific forms of this relationship. Nations Within- A term normally employed to describe Aboriginal ambitions for self-determination in Canada. The Nations within Concept acknowledges the relative autonomy of aboriginal peoples but does not advocate outright secession or independence. Postcolonial social contract-A proposed restructuring of aboriginal peoples-state relations that reject the colonial assumptions of the past in favor of a new constitutional arrangement involving the foundational principles of partnership, power sharing, radical participation and a commitment to respect, recognition and restoration. Self-determining autonomy- AS fundamentally autonomous political communities that are sovereign and share sovereignty over the land, aboriginal peoples claim to have inherent and collective rights to aboriginal models for controlling jurisdictions of immediate concern related to land, identity and political voice. Self-determining autonomy is not the same as independence but involves a commitment to restructure the foundational principles of constitutional order along the lines of a new postcolonial social contract. Self-government- A term that is usually employed within the context of aboriginal demands for aboriginal models of self-determining autonomy. Aboriginal peoples claim self-government provided the political expression of their demands for control over internal affairs. Specific treaty claims- Refers to the righting of historical wrongs because of crown breaches of existing treaty provisions. Treaties-Transactions between the crown and aboriginal peoples involving and exchange of rights, duties, and obligations. Treaties of alliance and friendship exist, but most treaties involve a transaction in which aboriginal peoples surrender large tracts of land in exchange for goods and services in perpetuity, and rights of use of unoccupied or underused Crown land. White paper- Bill tabled by the liberal government in 1969 to abolish Aboriginal peoples as a distinct status group in Canada, the bill proposed to repeal the Indian Act, dismantle the Department of Indian Affairs, and mothball the reserves by allocating land to aboriginal peoples on individual basis to do what they want. Aboriginal leaders strongly resisted the White Paper, a move that many see as a catalyst that mobilized Aboriginal peoples into action for redefining their relations with Canada. Chapter summary: Canada since colonization had a policy of assimilation Until White Paper (Trudeau) Aboriginal Concerns had focused on basic survival strategies By Late 70s palpable sense of revolt 1982- Aboriginal and Treaty rights entrenched in the constitution 1995- New era, when the liberal govt acknowledged the inherent right of Canadas aboriginal peoples to self-government. In relatively short time Aboriginal people have leapt from wards of the state to self-determining people From minority group with needs to a people with rights Enormous amount that still needs to be done before they assume their rightful place in Canada Canada has been slow in recognizing aboriginal differences, acknowledging aboriginal realities as a basis for living together separately and in recognizing the legitimacy and implications of aboriginal peoples rights Relationships largely dominated by the colonial model that reflects the Eurocentric constitutional order Aboriginals have inherent and collective rights that set them apart from Canadians in terms of entitlements Were Canadas First peoples, first occupants of this country Highest unemployment rates, un-education, suicide and morbidity rates Canadas mistreatment of aboriginals is called a national tragedy Reinforcement of thinking that Aboriginal peoples are problem peoples Many aboriginal peoples have take initiative for moving forward Reality of Aboriginal peoples at present: -Growing recognition of aboriginal rights, court decisions that uphold aboriginal peoples claims to self- determining autonomy and constitutional changes to the political architecture for framing the relationship - Dispossession, disempowerment, degradation and despair at individual and community levels Aboriginal Policy is shown to have generated as many problems as it set out to solve. Result of privileging national interests over aboriginal concerns 3 levels of engagement: Taking aboriginal differences seriously Recognizing aboriginal title and treaty rights Promoting aboriginal models of self-determining autonomy Canadas Aboriginal Peoples: Diversity in Inequality Various labels- Mtis, status Indian, Inuit, Treaty Indian etc. all oppressive classifications devised by a govt to categorize and control Each term is a legalistic concept for political and burea
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