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Constitution and Indigenous Perspectives - Coggle Diagram
Constitution and Indigenous Perspectives
Charlottetown
1987 to June 23, 1990
Named from location of meeting with the 10 Premiers at Meech Lake to amend the Constitution of Canada
Each province had to ratify the decision in their legislature - Quebec agreed on June 23, 1987, setting end date 3 years later for all other provinces
By 1990, Manitoba the last province to agree;
Main amendment to recognize Quebec as a “Distinct Society”
Chief of Assembly of Manitoba Chiefs- Phil Fontaine raised concerns with Elijah Harper the only Aboriginal member of the Manitoba Legislative Assembly (MLA) because Aboriginal Rights were not addressed
Concerns
Elijah Harper said “No” to the amendment 8 times raising these concerns to the legislative assemblies effectively delaying the proceedings
Outcome
June 18, 1990 Prime Minister Brian Mulroney sent delegates to discuss delaying the concerns of Aboriginal Rights until after with the Assembly of Manitoba Chiefs and MLA - this was rejected
Harper stood strong and ultimately killed the constitutional amendment by June 22, 1990
Sources
Maciejko, A. (2012, Feb 28). Canadian Aboriginals stop a constitutional amendment (Meech Lake Accord), 1990.
CBCNews. (2015, Jun 11). 25 years since Elijah Harper said 'no' to the Meech Lake Accord. CBCNews.
Link Title
IMPACT
The effectiveness of this denial showed that Indigenous voices matter, and set the stage for Indigenous voices to be included in future amendments to legislation
The resistance to the Meech Lake Accord was inspirational for Indigenous Communities and encouraged future acts of resistance and protests in the fight for self-determination and sovereignty
Created a organized united front of Lobbyist, petitioners, presentations and created the Constitutional Express in British Columbia
The word existing" as written in the constitution has been challenged many times in the Supreme Court R vs Sparrow
Only successful claim was in 2014 Tsillhqot In First Nation Semi Nomadic Band claimed 4400squared Kilometres of land in South West British Columbia. Accounting to the court there must be historical intentional occupation of the land, action or custody combined with regular care
FNMI leaders took to nationally and Internationally to lobby to affirm Indigenous rights
The Indigenous people demanded that the government of Canada is to
Protect indigenous rights to land as stated in the Royal Proclamation
Respected the treaties that were created.
Respected and protect indigenous history on the land, culture, language identity.
Restore self-governance and indigenous land titles
Emphasizing the importance of the Indian Act
The Accord provided ways to fairly interpret Treaty rights, ensure culture and language is preserved and assure financial support for overall well-being
The Charlottetown Accord showed that Indigenous perspectives could be amicably included in government
The Accord provided ways to fairly interpret Treaty rights, ensure culture and language is preserved and assure financial support for overall well-being
Charlottetown Accord
August 1992
After the failure of the Meech Lake Accord, PM Brian Mulroney tried again to recognize the distinction of Quebec as it was left out of the amended constitution in 1981-82
Negotiations took place between federal, provincial, territorial governments as well as The Assembly of First Nations, The Native Council of Canada, the Inuit Tapirisat of Canada and the Metis National Council
Controversial inclusions were - Federal power of disallowance which allowed the federal cabinet to dismiss any provincial act for one year; Declaratory power allowed Parliament to declare certain works or projects, even provincial ones to be for the “Advantage of Canada”; Federal spending would also pay part or all of programs such as medicare, social services and higher education
The concept of Indigenous Self-Government addressed but required a waiting period of 3 years
Accord required a double majority on legislative matters; majority of senators and majority of francophone senators
Sources
Canadian Encyclopedia.
Link Title
Policy Options. (2002, Dec 1). Charlottetown and Aboriginal Rights: Delayed But Never Relinquished. Policy Options.
Link Title
Accord put to federal referendum and was not passed
Constitution Act and Charter of Right and Freedom
SECTION 35 of the Constitutional Act legally guaranteed and recognized " "existing" aboriginal and treaty rights of Indigenous people of Canada
Concern
Section 35 did not give sovereignty right as it relates in an international sense to countries.
November 1881 the government drafted tentative constitutional but did not include Indigenous or treaty right. This caused demonstrations across Canada
Constitutional Act was enacted to include the Charter of Rights and Freedom - affirms Indigenous and treaty rights
The White Paper 1969 was rejected by Indigenous leader and protested in the Red Paper
Section 25 of the Charter of Rights and Freedom
Acknowledges the Royal Proclamation of 1763 and does not infringe on treaty rights
Concern
In 2008 in R vs. Kapp the the courts decided that Section 25 is a Mechanism for the reconciliation
Section 25 has been discussed in 5 court cases since but none has been given the rights under section 25
1867 British North American Act created Confederation and and set out the rights of the nations inhabitants and the foundation for governing- done with out consulting Indigenous people
Sources
Constitutional Act, 1982 Section 35*
(Constitution Act, 1982 Section 35)
Chaterpedia -section
25
The constitution recognized the inherent rights of Indigenous people to govern themselves in relation to matter that are internal to their communities integral to their unique culture, identities, traditions, language and and with respect to their special relationship with the land - to fish, hunt -culture and treaties
The constitution defined Aboriginal as including Indians(First Nations), Inuit, Metis (FMNI)
The Royal Proclamation from the Crown