Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.
The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.
An Act to Encourage the Gradual Civilization of the Indian Tribes in the Province was passed by the fifth Parliament of the Province of Canada (formally Upper Canada and Lower Canada) in 1857. The Gradual Civilization Act, as it came to be known, was part of a state effort to use government policy to assimilate Indigenous peoples to the economic and social customs of European settler society.
The history of Black Canadian voting rights is marked by contrasting shifts. Enslaved during the period 1600–1834, Black persons could not vote. Emancipated, they were entitled to the rights, freedoms and privileges enjoyed by British subjects, including the franchise; however, racial discrimination did at times impede Black Canadians’ right to vote. The rights and freedoms of Black women were further restricted by virtue of their sex.
It is difficult to make generalizations about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.2
The Lavell case (AG v. Lavell) was a challenge to Canadian law as it related to Indigenous women’s rights under section 12(1)(b) of the Indian Act. As the case moved through the court system, it merged with R v. Bédard and mounted a significant challenge against the patriarchal (male-dominated) and sexist nature of constitutional law in Canada.
Treaty Day commemorates the day that certain treaties were signed by the Government of Canada and Indigenous peoples between the 18th and 20th centuries. Treaty Day is also a celebration of the historic relationship between Indigenous peoples and the federal government. It promotes public awareness about Indigenous culture, history and heritage for all Canadians.
Underlying the move toward the establishment of an independent or quasi-independent Indigenous justice system is a recognition that there are certain values and customs historically attached to Indigenous communities. In addition, the concept of an independent justice system is viewed as being consonant with the notion of the inherent right of Indigenous self-government.
Every year on 6 December, the National Day of Remembrance and Action on Violence Against Women, the women who lost their lives in the massacre are remembered. While flags are flown at half-mast, vigils, conferences and demonstrations are held in remembrance. Despite these efforts, assigning meaning to the shooting has stirred controversy — and continues to do so.
The Supreme Court of Canada ruling in the R. v. Sioui case on 24 May 1990 transformed understandings of treaty interpretations in Canada. Four Huron-Wendat brothers were charged and convicted of illegally camping, starting fires and cutting down trees in Jacques-Cartier Park in Québec. The Supreme Court found that the brothers were justified in arguing that a document signed by General James Murray and the Huron-Wendat chief in 1760 protected their right to use the land for ceremonial purposes and overturned the convictions.
The Gladue case (also known as R. v. Gladue) is a landmark Supreme Court of Canada decision, handed down on 23 April 1999, which advises that lower courts should consider an Indigenous offender’s background and make sentencing decisions accordingly, based on section 718.2 (e) of the Criminal Code.