British Columbia in a Global Context Chapter 3 Aboriginal Issues in British Columbia

. ABORIGINAL ISSUES IN BRITISH COLUMBIA Learning Objectives . Create a comprehensive historical summary of the Aboriginal titles and treaties . Identify the geographical locations of the treaty negotiations . Explain the difference between comprehensive and specific claims . Critically evaluate the role of the residential schools in Canadian nation building . Aboriginal Issues in British Columbia 38

Introduction Archeological evidence shows that humans have inhabited the area now known as British Columbia ( for at least to years . The two most widely recognized routes for the migration of humans into the region are along the coast and through an interior corridor . The term Aboriginal refers to the ancestors of these inhabitants and includes the distinct of , Metis and First Nations peoples . Aboriginal communities were located throughout in three cultural regions identified as the northwest coast , southern Interior , and northern Interior . These three cultural regions had dramatically different ecosystems to which indigenous people adapted . The southern Interior was the most climatically dry , the northern Interior the coldest , and the northwest coast the wettest and richest in terms of animal and plant resources . Although the Aboriginal population may have numbered over , by 1881 European settlement had reduced Aboriginal population to an estimated . In fact , increasing European contact and settlement from the century until present has had a major impact on every aspect of Aboriginal life . The 2011 National Household Survey found that people identified as Aboriginal in . This represents 16 of the total number of Aboriginal people in Canada ( and of the entire population . The number of people self identifying as Aboriginal has increased significantly since the early ( 1996 2001 2006 2011 ) due to both increases in population and an increasing willingness of people ( especially those over 35 and Metis ) to identify as Aboriginal . Of the Aboriginal population , identified as First Nations as Metis and as , multiple Aboriginal identities or Aboriginal identities not included elsewhere ( see the table below ) The median age of the Aboriginal population in 2011 was years , much lower than the years for the population in . Most of the Aboriginal population live off reserve , with only of the First Nations people with registered Indian status living on reserve . Columbia Canada ol ol Aboriginal Aboriginal In of total identity of total identity Population Number population population Number population population Total population In private households Aboriginal identity population First Nations single Identity Hurst Nations single Identity ( Registered or Treaty Indian ) First Nations single Identity ( not a Registered or Treaty Indian ) identity single identity Multiple Aboriginal identities Aboriginal identities not Included elsewhere identity population Table . Focus on Geography Series British Columbia 39 Introduction

While the majority of Aboriginals self identify as First Nations , the population is exceptionally diverse . For example , it includes 203 First Nations and over 30 spoken languages . According to the First Peoples Culture Council ( over 60 of all First Nations languages are spoken in . However , the estimates that the percentage of fluent speakers of native languages among Aboriginal populations declined to approximately in 2010 . The interactive First Nations Language Map of shows the historical and contemporary spatial distribution of languages . Despite recent positive trends of health , employment status and educational attainment indicators for Aboriginal communities , the same indicators reveal that Aboriginal people continue to trail . As we will see below , the difference in these indicators is inextricably linked to colonial history of repressing Aboriginal access to traditional resources , Aboriginal political organization and Aboriginal cultural expression . The historic failure to negotiate treaties with First Nations has led to ongoing , contemporary efforts to negotiate a new relationship that respects Aboriginal rights and title as defined by the Royal Proclamation of 1763 , the Constitution of Canada and legal jurisprudence . First Contact European contact with Aboriginal people in occurred later than it did in Eastern Canada . Initial contact occurred along coastal in 1774 when Spanish explorers sailed north from San Francisco and stopped at Sound , where they traded with the , part of the First Nation . Four years later in 1778 , British Captain James Cook stopped in Sound to repair his ship , staying for the better part of a month , where he initiated trade with the . The motivation for exploration in the region at the time was the fur trade in sea otter pelts , which were highly valued in Europe and many parts of Asia , as well as the establishment of colonial sovereignty over the land . By the early , overland European explorers in search of beaver pelts , mostly commissioned by the North West Company , made contact with Aboriginal people living in eastern . The routes they travelled followed established Aboriginal trade routes , often called grease trails , after the oil produced from fish , and extending from the coast inland . Conflict over land arose as contact between Aboriginal peoples and settlers increased . In 1858 the River gold rush drastically increased European and American migration and settlement to , with to people entering the area . The increase of settlers was matched by increased conflict over trespass and land use . Gold mining destroyed natural habitat , especially in freshwater marine environments , which in turn disturbed key food systems on a broader scale . Table Focus on Geography Series British Columbia from Statistics Canada ( 2011 Pages ?

and used under government license terms of use english ! Interactive First Nations Language Map of Introduction 40 ' a Territories , Natural Resources and First Treaties The Constitution Act 1982 and Canadian court decisions indicate that treaties over land and natural resource use must be negotiated with Aboriginal communities in order to respect Aboriginal title and rights . Yet unlike many of the First Nations in the rest of Canada who have negotiated treaties such as the Numbered Treaties the majority of First Nations in have no negotiated treaties . Aboriginal rights and title are thus contentious issues in where many lands are sometimes referred to as unceded territory , and many seminal constitutional law court cases regarding Aboriginal title and rights have unfolded . Since there were very few historical or modern treaties within , the British Columbia Treaty Process ( began in 1992 involving the provincial government ( federal government ( Canada ) and several First Nations . According to the Treaty Commission ( 2014 ) a modern treaty is a negotiated agreement that sets out clearly defined rights and responsibilities of First Nations and the federal and provincial governments over matters . These include land ownership , governance , wildlife and environmental management , financial benefits and taxation . A treaty is also a full and formal expression of reconciliation between First Nations and government . In recognition of the need for an orderly framework for negotiation with indigenous communities in century North America , the British Crown issued the Royal Proclamation of 1763 . Among its several functions , the proclamation affirmed Aboriginal rights and title . For this reason , it is called the Indian Magna by some scholars . The proclamation is enshrined in the Constitution Act , 1982 in Section 25 ( of the Canadian Charter of Rights and Freedoms ) and has bearing on Section 35 , which provides constitutional protection for Aboriginal treaty rights . While the proclamation now forms the basis of many Aboriginal claims to land and resources in Canada , the historical implementation of the proclamation may have undermined the sovereignty of existing indigenous communities . First Treaties in The first treaties created in were established by Sir James Douglas ( Vancouver Island governor ) as the Hudson Bay Company moved it headquarters in 1849 from Fort Vancouver ( Vancouver , Washington , at the mouth of the Columbia River ) to Fort Victoria ( Victoria , and the Colony of Vancouver Island was established . These treaties are called the Douglas Treaties and resulted in land purchases covering some 930 square kilometres on Vancouver Island . By 1858 , thousands of gold prospectors had arrived in the Canyon gold rush . The influx and dispersion of population from this gold rush and the gold rush ( 1861 ) strained government resources , led to the establishment of the Colony of British Columbia ( 1858 ) and resulted in several conflicts with and failure to negotiate treaties with Aboriginal populations . The Colony of Vancouver Island was merged into the Colony of British Columbia in 1866 , and the . Constitution Act , 1982 eng . Numbered Treaties , British Columbia Treaty Process . Royal Proclamation of 1763 home 41 Territories , Natural Resources and First Treaties

Colony of British Columbia then joined the Canadian Confederation in 1871 . There were no new treaties signed with First Nations until the 1899 signing of Treaty by First Nations in the northeast of . The historical political lineage described above is important as the provincial government has argued in court that the Royal Proclamation of 1763 does not apply to as there was no British settlement in at the time and that Aboriginal title was extinguished when Canadian Confederation occurred in 1871 ( see British Columbia 1997 ) Attempts to create further treaties and to address Aboriginal title and rights have , until relatively recently , been stymied by laws that made First Nations customs illegal ( such as the potlatch ) and limited political enfranchisement and legal representation . For example , the 1876 Indian Act not only defined status and Indians , it enforced a particular type of governance model within the band and made it a federal crime to prosecute , raise money or organize to pursue First Nations claims in court . Of significance to Aboriginal land claims , this last limitation on litigation was repealed by the revised 1951 Indian Act . A number of court decisions since the have provided some clarification of aspects of Aboriginal title and rights and a legal framework for pursuing claims . For example , the cumulative impacts of the Calder ( 1973 ) Sparrow ( 1990 ) and ( 1997 ) legal decisions have traced the contours of Aboriginal claim making . Territories , Natural Resources and First Treaties 42

Modern Treaties and Claims There are two types of claims relevant to treaty making comprehensive claims and specific claims . Comprehensive claims involve unfinished treaty making in Canada where Aboriginal rights are not covered by past treaties . Specific claims are meant to deal with past grievances of First Nations related to historic treaties or management of First Nations resources . Most modern treaty negotiations in occur within the British Columbia Treaty Process ( although there have been some successful negotiation processes outside of . The is a voluntary process , and not all First Nations are interested in participating . In , both the Lake Indian Band Treaty No . Adhesion and Settlement Agreement and the ' a Final Agreement were ratified and went into effect . The Lake agreement rectified the exclusion of the Lake Indian Band from Treaty by transferring hectares of Crown land to the band . It received unanimous support in the Legislature . The ' a agreement was hailed as the first land treaty . It is a comprehensive agreement that includes surface and subsurface rights , removal of Indian Act application , cash compensation , agreements around wildlife and fisheries , and provisions . Within the , 60 First Nations are participating in 49 sets of negotiations , representing about of all First Nations peop in . As a process , the includes the six stages as outlined in the table . Table Stages of Treaty Negotiations Stage Number Stage Name Description A First Nation submits a statement of intent ( SOI ) stating , among other things , who is claiming , proof that the negotiating party is supported by the community and where the claim will be made . Statement of Stage Intent to Negotiate Within 45 days of submitting the SOI the parties must sit down and show that all parties have the will and resources to negotiate a treaty . Readiness to Stage Negotiate This is basically the table of contents of a comprehensive treaty . The three parties agree on the subjects to be negotiated and an estimated time frame for Stage negotiations . Negotiation of Stage a Framework Agreement Negotiation of The negotiating parties examine in detail the elements outlined Stage an Agreement in their framework agreement with the goal of solving all the In Principle problems and creating a working treaty . Negotiation to Stage Finalize a Treaty The treaty for all intents and purposes is at this stage , but it has to be approved by all parties of the negotiating team . Sta Implementation The stage applying and running the First Nation as set out of the Treaty by the treaty . Six stages files 43 Modern Treaties and Claims

As of 2014 , a few treaties have been completed , including the First Nations Treaty and the First Nation Treaty . Other treaties are pending final ratification by the Canadian government , such as the amin Nation Treaty and Yale First Nation Treaty . The large majority of First Nations involved in are in Stage . The status of treaty negotiations is outlined on this map from the Treaty website . Status of treaty negotiations ( map ) nations nation maps Modern Treaties and Claims 44

Case Study The Indian Residential School System The Indian residential school system was created by the Canadian government in the and ran until the last school was shut in 1996 . The goal of the residential school system was to educate and assimilate Aboriginal children into Christian , cultural norms and knowledge bases . Assimilation is a process of social integration that requires adopting , by choice or necessity , the ways of a different and often hegemonic culture or society . The majority of the schools were federally funded and run by various Christian churches . From 1920 to 1948 , attendance was compulsory for Aboriginal children between the ages of four and 16 . There were 139 federally funded Indian residential schools in Canada , 18 of which were in . A OK . ma ' ge 09 . 36 ' 59 . awe ago . I in , ex 100 200 300 400 500 Figure . Locations of residential schools ( license ) Most of the schools were located off of reserve land , and forced the separation of children from their families , their communities and their land over long periods of time . In the residential schools , siblings were often separated to help break traditional habits , and by extension , family ties . Under the auspices of assimilation , speaking native languages was forbidden , even outside of the classroom , as was traditional clothing , food and other culturally specific habits or traditions . The children were punished if these rules were broken . As a result of this severe restriction of culture and heritage , many language skills and traditional knowledge was lost . Systematic physical , sexual and psychological abuse was widespread within the residential school system , as the testimonies of many residential school survivors have made clear . Poor nutritional standards and medical care contributed to a high mortality rate among children at residential schools . In fact , some schools had up to a 50 mortality rate . Many died of tuberculosis , pneumonia and malnutrition . The education in the schools was considered despite the attempt to extinguish native languages in favour of English and French , literacy was not a primary 45 Case Study The Indian Residential School System

goal of education in the schools , and students often only received up to a Grade level of literacy skills . Instead , labour skills training was the main focus , including sewing and laundry work for women , and farming and carpentry for men . Systematic Assimilation The systematic assimilation and forced movement of Aboriginal children off their land and away from their families is considered to be a form of cultural genocide . This process did more than just destroy ties to culture and land the forced separation of Aboriginal children also left them without nurturing families , or the knowledge and skills to interact with and raise their own families . Consequently , the residential school system had health , social and migratory effects . The high suicide rate among Aboriginal men for example , is attributed in part to the abuses that many people suffered in the residential school system . The forced and violent assimilation processes created a mistrust among social groups and perpetuated the fault lines between Aboriginal and people that exist throughout Canada . The last residential school to operate in was the Christie ( Indian residential school on Island . It was run from 1900 until 1983 by the Roman Catholic Church . It averaged about 44 students at any one time , with most being from , and the west coast of Vancouver Island . a . Figure Christie ( residential school an Island . Joseph Mission in Williams Lake , another residential school , operated from 1890 to 1981 , and at its busiest in the it had roughly 300 students coming from the surrounding region . Unlike at the Christie school , parental visits were not allowed during the school year , and students were only allowed to return home for one month of the year . Over the course of the and , 23 charges of sexual assault were brought forward from former students against three individuals who had worked at the school . Case Study The Indian Residential School System 46

Statement of Reconciliation By the , the Canadian government could no longer deny that the Indian residential school system was detrimental to individuals and society more broadly . With reducing the schools began to be closed down , but it until 1996 that the last residential school closed . In 1986 , the United Church of Canada issued a formal apology for their participation in the system , followed in 1993 and 1994 by apologies from the Anglican and Presbyterian Churches of Canada . By this time many cases of abuse had been brought forward in the court systems across Canada . In 1998 , the Government of Canada issued a Statement of Reconciliation , and the Aboriginal Healing Foundation was established . Between 1998 and 2005 , many former students of residential schools brought forward a class action lawsuit against the Government of Canada asking for compensation for the abuses endured during the schools tenure . A settlement was reached in 2005 that set out a billion compensation package and established the Truth and Reconciliation Commission . In 2007 , the settlement packaged was finalized , and in 2008 the government finally issued an official apology for the residential school system . Of the almost billion settlement , individual survivors could claim for the first year of their attendance at a residential school , and up to for each year of attendance afterward . However , it was deemed essential that the Aboriginals not only be compensated financially , but also have the full extent of the damage done be acknowledged within Canadian society , and to begin the processes of reconciliation and healing . Truth and Reconciliation Commission What does reconciliation mean and for whom ?

How can reconciliation have multiple meanings and what is being reconciled ?

These questions arise when we consider the role of the Truth and Reconciliation Commission in the ongoing history and legacy of the residential school system . Officially , the introduction of the Truth and Reconciliation Mandate states The truth telling and reconciliation process as part of an overall holistic and comprehensive response to the Indian Residential School legacy is a sincere indication and acknowledgement of the injustices and harms experienced by Aboriginal people and the need for continued healing . This is a profound commitment to establishing new relationships embedded in mutual recognition and respect that will forge a brighter future . The truth of our common experiences will help set our spirits free and pave the way to reconciliation . To that end , the Truth and Reconciliation Commission has sponsored many events across Canada . Its goal is to prepare a comprehensive historical record , including hearing and documenting the truths of former residential school students , their families and communities . The commission sees the process of truth gathering as an essential part of ongoing reconciliation and healing . It is important to remember that reconciliation is an individual as well as a collective process . The Truth and Reconciliation Commission is a product of the Canadian government , and some contend that as long as there is ongoing oppression and systematic inequality of Aboriginal people , the reconciliation process can not be completed . Along this line , it is important to think about how the commission is part of both an ongoing process of healing and an ongoing process of colonialism . Introduction to the Truth and Reconciliation Mandate websites ?

Principles 47 Case Study The Indian Residential School System Figure Derived from residential school locations ( websites ?

by Truth and Reconciliation ( websites ?

license ( licenses ) Figure Christie ( Indian residential School on Island ( aller ?

licenses ) and used with permission from Indian Residential School Resources ( Case Study The Indian Residential School System 48 Summary The area now known as British Columbia ( has been inhabited for at least to years . The term Aboriginal refers to the ancestors of those inhabitants and includes the distinct of , Metis and First Nations peoples . Precontact Aboriginal communities were located throughout in three cultural regions identified as the northwest coast , southern Interior and northern Interior . Prior to 1881 , the Aboriginal population numbered over . However with the establishment of the European settlement in 1881 the Aboriginal population numbers were reduced to an estimated . In fact , increasing European contact and settlement from the century until present day has had a major impact on every aspect of Aboriginal life , which is articulated in the case study on the Indian residential school system . In 1858 the River gold rush drastically increased European and American migration and settlement to , with to people entering the area . The increase of settlers in the area caused conflict over trespass and land use . Gold mining destroyed natural habitat , especially in freshwater marine environments , which in turn disturbed key food systems on a broader scale . Unlike much of the rest of Canada , the majority of First Nations in have no negotiated treaties . The first treaties created in were established by Sir James Douglas ( Vancouver Island governor ) as the Hudson Bay Company moved its fur trading headquarters from Fort Vancouver ( Vancouver , Washington , at the mouth of the Columbia River ) to Fort Victoria ( Victoria , These treaties are called the Douglas Treaties and resulted in land purchases covering some 930 square kilometres on Vancouver Island . Attempts to create further treaties and to address Aboriginal title and rights have until relatively recently been stymied by laws that made First Nations customs illegal ( such as the potlatch ) and limited political enfranchisement and legal representation . The a agreement was hailed as first land treaty . It is a comprehensive agreement that includes surface and subsurface rights , removal of Indian Act application , cash compensation , agreements around wildlife and fisheries and . As of 2014 , a few treaties have been completed , including the First Nations Treaty and the First Nation Treaty . Other treaties are pending final ratification by the Canadian government , such as the Nation Treaty and Yale First Nation Treaty . 49 Summary

Key Terms Key Terms Aboriginal people who inhabited the land before the arrival of colonists . Includes the distinct of , and First Nations peoples . Aboriginal Healing Foundation An , national , private corporation established March 31 . was provided with a grant of 350 million by the federal government as part of Gathering Strength Canada Aboriginal Action Plan . The Aboriginal Healing Foundation was given an mandate . ending March 31 , to encourage and support . through research and funding contributions , healing initiatives that addressed the legacy of physical and sexual abuse suffered in Canada Indian residential schools , including impacts . Assimilation A process of social integration that requires adopting . by choice or necessity , the ways of a different and often hegemonic culture or society . British Columbia ' Process ( Aland claims negotiation process started in 1993 to resolve outstanding issues , including claims to unextinguished Aboriginal rights , with British Columbia First Nations . Constitution Act , 1982 Section 35 The section of the Canadian Constitution that recognizes and affirms the existing Aboriginal and treaty rights in Canada . These rights protect the activities , practice or traditions that are integral to the distinct cultures of Aboriginal peoples . The treaty rights protect and enforce agreements between the Crown and the Aboriginal peoples . Section 35 also provides protection of Aboriginal title over the use of land for traditional practices . These rights extend to Indian , and people . Cultural genocide is the process of undermining , suppressing and ultimately eliminating native cultures ( Sociology Index ) Douglas Treaties Also known as the Vancouver Island Treaties or the Fort Victoria Treaties , a series of treaties signed between certain indigenous groups on Vancouver Island and the Colony of Vancouver Island . First Peoples Culture Council A First Crown corporation with a mandate to support the revitalization of Aboriginal language , arts and culture in British Columbia . It provides funding and resources to communities , monitors the status of First Nations languages and develops policy recommendations for First Nations leadership and government . Grease trails Aboriginal trade routes named after the oil produced from fish and extending from the coast inland . Indian Magna Another term used by some scholars for the Royal Proclamation of 1763 . Modern treaty A negotiated agreement that sets out clearly defined rights and responsibilities of First Nations and the federal and provincial governments over matters . a agreement first land treaty . It is a comprehensive agreement that includes surface and subsurface rights , removal of Indian Act application , cash compensation , agreements around wildlife and fisheries and provision . Key Terms 50

Numbered treaties A series of 11 treaties signed between the Aboriginal peoples in Canada and the reigning monarch of Canada ( Victoria , Edward or George ) from 1871 to 1921 . Registered Indian Status Under the Indian Act , means being eligible for Indian status ( registered Indians ) The Indian Register is the official record identifying all Status Indians in Canada . eng 1100100032472 1100100032473 Royal Proclamation of 1763 A proclamation that affirmed Aboriginal rights and title . Sometimes referred to as the Indian Magna . The proclamation is enshrined in the Constitution Act , 1982 in Section 25 ( of the Canadian Charter of Rights and Freedoms ) and has bearing on Section 35 which provides constitutional protection for Aboriginal treaty rights . While the proclamation now forms the basis of many Aboriginal claims to land and resources in Canada , the historical implementation of the proclamation may have undermined the sovereignty of existing indigenous communities . Truth and Reconciliation Commission A Commission organized by the federal government and Aboriginal people with a mandate to learn the truth about what happened in the residential schools and to inform all Canadians of those findings , The Commission will rely on records held by those who operated and funded the schools , testimony from officials of the institutions that operated the schools and experiences reported by survivors , their families , communities and anyone personally affected by the residential school experience and its subsequent impacts . 51 Key Terms

Suggested Activities Su i tics Activity I Watch the documentary The Fallen Feather Indian Industrial Residential Schools and Canadian Confederation . Write a critical reflection on the role of the residential schools in Canadian nation building . Activity Choose one known sacred place in your region and make a presentation on why this place is sacred , how it is being protected or what steps might be done to better protect it . Activity Choose one of the ongoing treaty negotiations . Create a presentation that summarizes the historical claim , the process leading to negotiation and the status of negotiations . Activity Volunteer with an organization that advocates for or go to an event that is about the experiences of Aboriginal communities . Write a critical reflection that analyzes the educational value of your experience , outlines the major things you learned and proposes ways to improve , contribute or share the experience . Activity Complete the following case study Ethnobotany . This case study aims to explore respectful ways to learn about and engage with traditional knowledge about plants found on the campus , and the historical and contemporary relationships that occur between plants and people . Suggested Activities 52

53 Suggested Activities References and Resources References Treaty Commission , Frequently Asked Questions Document . URL ( accessed ) Government of Canada , 2013 . British Columbia Focus on Geography Series 2011 National Household Survey ( Document . URL , 2011 Pages ?

accessed ) 2003 ) Trading across time and space Culture along the North American Grease Trails from a European perspective . Canadian Studies International Conference Across Time Space Visions of Canada from Abroad . University College of the , Sept , 2003 . Access uploads 23750643 Indian Residential School Resources Date Accessed 11 June 2014 Rice , Brian and Snyder , Anna . Reconciliation in the Context of a Settler Society Healing the Legacy of Colonialism in Canada . Accessed ?

a on 11 June 2014 . Resources First People Language Map Indigenous Foundations Indian Residential School Resources Stats External Links Government Aboriginal Peoples of Focus on Geography Series First Peoples Cultural Council References and Resources 54