Aboriginal Issues in Canada - Land claims and treaty rights in Canada

ABORIGINAL ISSUES IN CANADA
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Aboriginal Issues in Canada
1.0 Introduction
The Aboriginal Canadians have for a long time been fighting for land issues. The European settlement in Canada had severe impacts on the original dwellers. The white settlers in Canada are the ones who led to negative changes in the lives of many people. The discussion will dwell on the land history issues to date and the variety of treaties that were laid forth during the acquiring of the land and the continuity of events after the aboriginal land was taken (Dickason & Long, 2011). The paper will give account of history and what the Canadian government has done to improve and control the situation. It will answer the question, what is the history of Aboriginal Land issues to date? The research will dwell on the hypothesis that the treaties are what led to the Aboriginal land issue complication. The history of the land can be traced to when it was a burial site and later surrendered with unknown circumstances. The land was given to the government that made it a training ground for the army. This was after the people requested for a certain park near the lake that was then sold to the government. The people usually were given a cheque once they claimed for the land as it was on rare circumstances that the people got the land back. Despite laying claims that the land was a former burial site among other claims, they did not get the land back. The individuals were confined to the reserves after the land was taken away (Aboriginal Affairs and the Northern Development Canada, 2011).
The discussion will start with the treaties that were entered to during the process of taking the land away and also in the reserves. The treaties were meant to be adhered to by the land owners. The treaties will assist the determination of the process of determining the various agreements that were laid forth when the land was being taken away. According to the report by the Aboriginal justice implementation committee (1999), there were the Manitoba treaties which were narrowed federal government`s version of treaties (Dupuis, et al. 2002). The following is the summary of treaties:
1.1 Sovereignty and Allegiance
These were peace and goodwill treaties that were signed between the Indians and the queen. The treaties did not however mean express transfer of powers from Indians; the treaties were referring to all the Indians. The federal government had the recognition of transfer sovereignty and allegiance. The treaties were negotiated via chiefs hence recognizing the political order.
1.2 Surrender of land
This was meant to open up the land to accommodate settlement. The treaties meant that the Indians had surrendered their land to the crown and this was forever.
1.3 Reserves.
These were under the Prairie treaties that promised that there will be a one square mile reserve settlement per a family of five persons. There were other treaties which confirmed exceptions of 160 acres for a family per similar family. These treaties did not provide for the identification of smaller families.
1.4 Education
These were treaties 1 to 5. The treaties promised for schools in the reserve areas. A treaty 9 gave a promise of paying the teachers.
1.5 Economic Development
As treaty 3 and 5 provided, the aim of the reserves was farming and therefore agricultural assistance was given which in the form of farm implements, animals, twine and ammonium.
1.6 Ban on Alcohol
This was in the treaties 1 to 5 that banned alcohol drinking in the reserves.
1.7 Hunting and Fishing on Surrendered Lands.
These were promised orally by the residents. They went further to clarify that even trapping should not be done in the treaties 4 and 9.
1.8 Annuities
The annuity payment was given to chiefs and the members of the band. Treaty 5 provided for annuity payment to be done to the chiefs who in some cases were accompanied by variety of gifts such as baggies, medal, clothing and flags.
1.9 Regulatory or Legislative Authority of Canada.
In these treaties, the Canadian government reserved some authorities in every treaty that was made. In the treaties made, there was no reference Parliamentary supremacy or legislative authority. There was prohibition on the presence of alcohol on the reserves and this regulation was highly enforced. The trapping and hunting rights were passed to the federal legislation. Treaties 3 and 9 allowed for the expropriation of land allocated as reserve without the federal legislation. This was in return for the due compensation when the lands were required for the purpose of public works (The Justice System and Aboriginal People, 1999).
2.0 Existing Aboriginal and treaty Rights
Tradeau government made constitutional reforms in response to the certain separatist movement in the Quebec. The first nations, metis and Inuits struggled in order for them to take part in the constitutional reforms. In the year 1981, a proposed constitution was out which excluded the aboriginal rights. This was followed by pressure and lobbying in order for the rights to be included in the constitution. This led to the first Nation, Metis and Inuit successful inclusion of clause that recognized the Aboriginal rights. Conferences were later held to acknowledge and clarify on the rights that were recognized in the earlier cases to the Aboriginal. However, there were series of disagreement that took place between the various provinces, Aboriginal groups and the Canada hence no consensus was made or any definition of rights that followed.
They led to the transfer of responsibility to the courts as the body with the final jurisdiction in relation to the definition of rights. In section 35, there was inclusion of charter of freedoms and rights which were actually in question, it thereby vital to show their existence in the court of law. The Inuit, Metis and First nation`s persons have as a result turned to the courts for assistance in the definition of scope, the extent to which the rights are given and also define the aboriginal treaty and rights. The court also had the responsibility of directing government programs and policies in or...