What Happened: Residential Schools for Aboriginals in Canada

In the early 19^th century the Canadian government believed it was their responsibility to educate all future generations. They took it upon themselves to create boarding schools for the First Nations run by the church so that they could adapt to the “Canadian”, Christian ways of life. The government became extremely aggressive in forcing children to attend these schools, and had agents assigned to make sure all children attended. 1931was considered the peak of the residential schools with about 80 schools across Canada educating over 150,000 Aboriginal, Inuit, and Métis children. The government believed the problem was that the native North American cultures couldn’t adapt to Canada’s changing society The children were forced to speak only in English or French and were completely removed from their home environment. They thought this would solve the problem and help the First Nations adapt to Canada's modern culture. It was reported that many of the students underwent emotional, physical and sexual abuse. The problem only got worse when the students returned home when they were finished school. They didn’t belong at home because they had been removed for 10 months a year with almost no communication with parents. The students couldn’t help at home because they never learned the skills needed to work in a native culture and eventually became ashamed of their heritage. It took many years but eventually the government closed down the schools. The last one closed in 1996 (Gordon Residential School, Saskatchewan). In 2007 the federal government created a $1.6 billion compensation package for students of these residential schools and it took until 2009 for the final apologies from the churches.

http://archives.cbc.ca/society/education/topics/692/

Nicole

Quebec's Constitution

Although Quebec does not have a formal constitution it does have a series of statutes that act as a sort of organic constitution.

Charter of the French Language - An act that pertains to the protection of French as the primary language of Quebec. It attempts to do so without discrimination to English speaking Quebecois but falls somewhat short as it does suppress its use.

An Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information - pretty self explanatory.

Charter of Human Rights and Freedoms - refer to the "Charter of Human Rights and Freedoms" post

 -Stephen

Reserves Policy

The problem with the reserves policy is that it inhibits the First Nations people to pursue a traditional, independent, or even a standard lifestyle.
There are three substantial ways in which the reserves policy does so.

1)     Establishment of reserves. – First Nations were typically roaming peoples, going from place to place in order to sustain themselves. As they are now confined to a plot of land they lack the ability to do so and now must rely on government aid.

2)     Funding of Reserves – The government funds reserves in the hopes that it would allow the First Nations to pursue a traditional lifestyle and retain their culture. But the proposed solution has been its own undoing. By funding reserves the government has taken away their incentive to work and has rendered them unaccountable for their own lives. This being contrary a traditional lifestyle.

3)     Neglecting Reserves – By funding the First Nations the government has effectively become responsible for their livelihood. But the government is either incapable or unwilling to do so, leaving the First Nations in an impoverished state as was the case in Attawapiskat.    

The Reserves policy should, like the entirety of the Indian Act, be abolished and a new policy enacted and this time with the consultation of the first Nations.

-Stephen 

The Indian Act

The Indian Act is a federal statute that pertains to Indian status, registration of bands, and the function of reserves. It was written in 1876 after the responsibility for First Nations shifted from Britain to Canada. The Indian Act was written with a assimilative nature as the Canadian government, like the British, held an ideology of a nation without Indians.

Throughout the years the Indian Act has received a variety of amendments and now has evolved into an act that attempts to allow natives to retain their culture and pursue a traditional life style.
Although the Indian Act has been reformed it still contains remnants of its oppressive nature. The government still reserves the right to classify who is an Indian, (a responsibility that should be left up to the First Nations), the government still classifies them as Indians despite the term being offensive (a more appropriate term would be First Nations), and the government excludes the rights of the Métis and Inuit people (this exclusion would be justified if these peoples had acts pertaining to their own rights, but they don't).

It is because of these flaws and ultimate inadequacy in protecting First Nations Rights that the Indian Act should be abolished and a new Act be written with the consultation of the First Nations. 

-Stephen

Current Issues

Minority rights in Canada are always being challenged and changed in our law, especially those of the Québecois and the Natives. People are always arguing what the number one issue is with our minority rights. Recently CBC radio did a show on aboriginal rights and asked around what people think our number one issue is right now concerning the rights of this particular minority group.

http://www.cbc.ca/knowyourrights/blog/2011/08/22/episode-9/

http://www.cbc.ca/knowyourrights/episodes/

Many aboriginals have battled for their treaty rights, and when the early explorers came, it is said that they “dumped” all Natives into one large pool, but there are many different tribes and within them, their own culture. Here in the CBC archives is a radio show from 1971 when the battle for their land was growing.

http://archives.cbc.ca/politics/rights_freedoms/topics/1238/

The issue of language rights has always been present in Canada. Last year the Assembly of First Nations did a report saying that Native languages should be taught in Canadian schools. This was a topic that upset many people, and you that can see in the comments below the article.

http://www2.macleans.ca/2010/07/23/afn-report-says-natives-should-control-own-schools/

Keeping the French language has always been a fear for the Québecois, some believe that to have that happen, all of English speaking Canada will have to speak French. This debate has been an ongoing issue for many years.

http://www.montrealgazette.com/life/language+debate+respect+rights/5710437/story.html

Rick Mercer did a rant back in 2006 concerning Quebec's spot in our Nation. There have been countless debates on Quebec becoming independent from Canada over the years, here is a little humour on this topic.

http://www.youtube.com/watch?v=M2rB6lP7HYM&feature=related

Here are some more links to issues involving minority rights in Canada

http://www.macleans.ca/canada/national/article.jsp?content=20081029_103392_103392

http://www2.macleans.ca/2010/07/19/canada-is-a-french-country/

http://oncampus.macleans.ca/education/2011/10/14/minority-job-applicants-get-fewer-callbacks/

http://www.montrealgazette.com/life/Even+trivial+language+complaints+making+news/5770886/story.html

-Nicole

Charter of Human Rights and Freedoms

The Charter of Human Rights and Freedoms is a statute, effective only in Quebec, which addresses, with impartiality to language, the rights of Quebecois. It was passed by the National Assembly in 1975 and was given Royal Assent a year latter (postdating the Bill of Rights and predating the Canadian Charter of Rights and Freedoms). It was then given quasi-constitutional status by the Supreme Court, meaning that it has precedence over all provincially applicable laws. 

The Charter of Human Rights and Freedoms derives from the Bill of Rights, in it that it includes the entirety of its 5 sections and, in turn, the Canadian Charter derives almost entirely (all sections that are federally applicable and even its name) from the Quebec Charter. Quebec’s Charter is an effective statute because it not only protects the rights expected for human beings (as is the case with the Canadian Charter) but also because it effectively reflects the values of Canadian society. It does so through the consultation of Quebec citizens in the legislation process. Such input caused Quebec’s Charter to incorporate rights such as free health care and education, information, dignity, free disposition of property, child protection, and a healthy environment.

It is because of such communal input that Quebec’s Charter is more Canadian then the Canadian Charter. And it is for this reason that I believe that the “Canadian” Charter of Rights and Freedoms should be abolished and the Charter of Human Rights and Freedoms, with required amendments, be adopted in it's place.

Examine the Charter of Human Rights and Freedoms

*Some of the rights contained in Quebec's Charter that are not included in the Canadian Charter may be included in other Federal or Provincial Acts.

-Stephen