22 Taking Back Control

… [A] man cannot be educated unless he lives and works in a community which is culturally and socially vibrant. He needs his traditional way of life as a backdrop and as a basis upon which to grow. Combined with this is the need for other tools, such as Native languages and traditional institutions, which are essential for proper development and growth.

– Billy Diamond, “The Cree experience”

As we have seen, in the past the Government of Canada has unilaterally enacted laws and policies that have adversely affected Indigenous Peoples. This continues to happen. However, Indigenous Peoples have been pursuing recognition of their “rights and title” and self-government. Some have done this through treaties, the courts, and negotiations. Increasingly, Indigenous Peoples are taking back control over the decisions that affect them.

Indigenous resistance

Although they have had serious consequences, the laws and policies stemming from the Indian Act did not succeed in destroying all Indigenous traditions. Indigenous Peoples have always fought against the Indian Act and for their rights.

Indigenous Peoples have continued to practice their culture underground and have found new ways to avoid persecution. They organized against residential schools and won court victories and an official apology from the Government of Canada.

Indigenous Peoples have continued to raise their children to be proud of their cultures and identities and to resist assimilation in their everyday lives.

Idle No More

A well-known recent response to colonization was the Idle No More movement. The movement began in November 2012 when four Saskatchewan women, Jessica Gordon (Cree), Sylvia McAdam (Cree), Nina Wilson (Nakota/Plains Cree), and Sheelah McLean (Canadian) responded to the government’s omnibus Bill C-45, which challenged First Nations sovereignty and weakened environmental protections throughout Canada. Using Facebook and Twitter, #IdleNoMore was created to promote a series of “teach-ins” on the impacts of Bill C-45.

The Idle No More movement inspired more than 100 protests, flash mobs, and round dances in shopping malls and in the streets. Support for Idle No More spread outside of Canada, with solidarity protests in the U.S., Sweden, U.K., Germany, New Zealand, and Egypt.

Indigenous rights, title, self-determination, and government

Key terms

Indigenous rights, title, self-determination, and government

 

Indigenous rights are collective rights that flow from the fact that Indigenous Peoples continuously occupied the land that is now called Canada. They are inherent rights, which Indigenous peoples have practised and enjoyed since before settler contact. In Canadian law, Indigenous title and rights are different from the rights of non-Indigenous Canadian citizens. Indigenous title and rights do not come from the Canadian government, although they are recognized by it. They are rights that come from Indigenous Peoples’ relationships with their territories and land, even before Canada became a country, and from Indigenous social, political, economic, and legal systems that have been in place for a long time.

Aboriginal title is the inherent right of Indigenous Peoples to their lands and waters. It is recognized by common law. This inherent right comes from the long history Indigenous Peoples have had with the land. Inherent means nobody can take the right away.

The United Nations Declaration on the Rights of Indigenous Peoples includes the right to self-determination. The Assembly of First Nations describes self-determination as a Nation’s right to choose its own government and decide on its own economic, social, and cultural development. Today, Indigenous Peoples are exercising their Indigenous rights and title for self-determination and benefiting from the wealth and resources of this land that is now called Canada.

Self-government means First Nations can take control of and responsibility for decisions affecting them. Self-government can take many forms. It can include making laws and deciding how to spend money or raise money through taxation, deliver programs, and build economic opportunities. First Nations governed themselves for thousands of years before the arrival of settlers. Their governments were organized to meet their economic, social, and geographic conditions and needs, and were shaped by their cultures and beliefs. First Nations governments were weakened by policies that imposed settler laws and forms of government. Under the Indian Act, the Canadian government created Indian Bands and Councils to administer and provide services to their memberships and made aspects of traditional Indigenous government illegal. First Nations are in the process of nation-rebuilding and asserting self-government.

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Pulling Together: Foundations Guide Copyright © 2018 by Kory Wilson is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.

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