INDG 305 - Week 6-12 Flashcards., Realistic Practice Tests tailored to your Course. 100%v Correct Verified Answers

Realistic practice tests tailored to your course. Try Practice Tests INDG 305 - Week 6-12 Leave the first rating Students also studied Terms in this set (53) COM 361: Midterm #1 262 terms cstockill21 Preview social chapter 6 16 terms redlinejcw Preview Foundations of Government 13 terms fez_barragan Preview What kind of advantage do Indigenous signatories have with modern treaties in comparison to historical treaties? Indigenous signatories can include oral promises in these agreements because they are negotiating in the same language with a greater understanding of Canada's legislation What are the three signatories that would usually be involved in a modern treaty? Indigenous nations, province/territorial government and the federal government What are the three different types of modern treaties? Comprehensive land claims (CLC), Final Settlement Agreements (FSA) and Specific Claims What is a comprehensive land claim? (CLC) Agreements that concern territorial jurisdiction, development and environmental co-management. These are sometimes accompanied by FSA agreements. What are Final Settlement Agreements? (FSA) Agreements regarding Indigenous self governance that seek to establish government structures that will co-exist and work with federal and provincial governments, relating to the creation of Indigenous governance structures. What steps are involved with a comprehensive land claim? (Federal Gov't) 1) Submission of claim 2) Acceptance of the claim 3) Framework agreement 4) interim measures agreement 5) Agreement-in-Principal (AIP) 6) Final Agreement What steps are involved with a comprehensive land claim? (British Columbia) 1) Submitting statement of intent 2) Framework agreement 3) Interim measures agreement 4) Agreement-In-Principal (AIP) 5) Final Agreement 6) Implementation plan of the treaty by Federal, Prov/Terr. and Indigenous governments This study source was downloaded by from CourseH on :09:45 GMT -05:00 Specific claims regarding historic treaties - to resolve allegations that Crown failed to properly implement or interpret historic treaties. Considered outside of the court system, even if it came from the court system itself. What did the Calder case (1973) managed to achieve in terms of modern treaties? This case lead to the creation of the comprehensive land claims process. What is the James Bay and Northern Quebec Agreement? (1975) This treaty came around as a result of Quebec constructing hydrodam projects without consulting Naskapi, Cree or Inuit communities in those lands. In 1973, the Cree and the Inuit would win an injunction to stop construction, which started negotiations. What did the 1982 Constitution Act introduce in terms of Indigenous rights? They included section 35, which spells out Treaty and Aboriginal rights. What is the Inherent Right Policy? (1995) This policy recognizes the rights for Indigenous groups to self govern. However it is controversial in that Canada would not negotiate jurisdiction over key issues - these inherent rights depended on negotiations with Canada What is the Interim Policy? (2013) This to-be policy laid out principles to renew Canada's approach to negotiating and implementing modern treaties. It has not been finalized yet. It is being developed by Canada, First Nations, Inuit and Metis people. What is a modern treaty? A comprehensive legal document that defines rights and obligations on all sides (Canada, Indigenous communities, Fed/Prov. Gov't). It is typically organized into chapters such as: land and resource management, wildlife, parks and marine areas, and implementation. Since 2000, what do all modern treaties now include? Allowing modern treaty holders to levy taxes, deliver programs and services in accordance with their culture and values What is the hardest part of the modern treaty process? Implementation. There is often a lack of recourses to implement obligations, and takes a long time. Information behind an agreement can also be lost overtime, which emphasizes the importance of ongoing discussion and relationship building. Why do Indigenous communities feel pressured to negotiate comprehensive land claims? To provide relief for their communities - some communities have been in dire poverty and in need of drinking water due to the Indian Act. Some also go through the CLC process because judicial processes can be difficult and unpredictable. Why is it that some Indigenous communities are hesitant on signing into final settlement agreements? Many involve a defacto extinguishment clause of Aboriginal Title - meaning the federal government requires Indigenous signatories to extinguish their title. What did some communities, like the Nisga'a, do to find a way around extinguishment clauses? Through certainty clauses What are certainty clauses? Indigenous communities are exhaustively defining their Aboriginal rights before signing, since they are currently undefined within sec. 35. This means having to enumerate all of their possible past, present and future rights in the agreement. Are Aboriginal rights defined under sec. 35 of the 1982 Constitutional Act? No, Canada has not defined them. They consider these rights vague and not clear. For Indigenous people, their rights and titles are defined in their cultures, in their own legal traditions. Can Indigenous people change the certainty clauses defined in treaty? No, they cannot go back to redo these certainty clauses. They are prevented from any redefinition of those rights in the past, present or future violations of those rights This study source was downloaded by from CourseH on :09:45 GMT -05:00 processes regarding negotiations? No. They have to follow the bureaucratic process set by European Canadian values rather than traditional Indigenous governance structures How do Indigenous communities initiate the process of negotiation? They have to create an organization that represents them in the negotiations and submits the claimant statement on their behalf Does the government reserve the right to decide on what land can be negotiated and can declare anytime that certain lands are no longer on the table? Yes. This is exactly what happened with the Voisey's Bay area in 1994 - they were taken off of the table after large nickel deposits were found. Do the negotiations that the Innu have made with the government represent the unique community relations that the Innu have? No, it does not reflect the broader land ties that the Innu in Labrador have with the Innu in Quebec - as a result, the Innu nation only represents the residents in Labrador. The Government stipulates who should be part of the agreement. What is the issue with territorial overlap when it comes to the lands claims process? When communities ignore territorial lap issues with other nations, this will lead to problems in the long run, such as exacerbating historical land disputes between Indigenous nations. What happened when the Nisga'a represented their land claim model? They made a simplified version for their proposal, which did not take into account the territory they shared with the Gitksan and the Wet'suwet'en. What did the government tried to take advantage of when it came to negotiations with the Hul'quimi'num Treaty group? () The federal and provincial government tried to utilize territorial overlap as a tactic to defer discussions away from their land theft, despite the fact that the Hul'quimi'num treaty group had already banded together to sort out their territorial jurisdictions beforehand. What is the debt cycle in the context of the negotiation process? Indigenous communities from precarious financial situations often have to take out loans to fund their side of the negotiations. For communities who do not drop out of negotiations, this may hamper future revenue of communities due to increased debt. As a way to address this debt, they may have to accrue more debts to address previous debts - thus, creating a dept loop as a result of debts accrued by negotiations. Land surrenders are a large part of modern treaties - true or false? True. Unlike historical treaties, they are now explicitly discussed with Indigenous peoples What do Indigenous communities have to do in order to get self government opportunities? They have to consent to further land surrenders in exchange for minimal self government opportunities and developmental contracts, which may or may not become financially lucrative? What does the government need in order to finalize an agreement? 1) An extinguishment clause 2) The surrender of Aboriginal rights and title under a certainty clause, which requires them to list all possible rights How do Indigenous people view their Aboriginal titles and right? As a sacred right they have to the land, and a way for them to understand their duty to take care of it. What percentage of their traditional land claims did the Tswwassen relinquish in agreements with the government? They relinquished over 99% of their traditional lands over small land parcels that became private property. Initially claimed over 10,000 kmˆ2 of traditional territory, but claim territory has been wittled down to 7.24 kmˆ2 + a right of first refusal over 2.78 square kmˆ2 from the Crown. Canada wants Indigenous nations to be able to distinguish themselves as nations seperate from Canada through these negotiations - true or false? False. They want Indigenous nations to only have modified rights and a corporate/municipality stakeholder status over their own lands. What's the leading cause for overlapping territorial claims? Kinship systems This study source was downloaded by from CourseH on :09:45 GMT -05:00 Pre-existing economic and marriage relationships that draw communities together overtime Why is the federal government reluctant to uphold Aboriginal rights and titles? For them, it means throwing off private property and development and putting Canada's sovereignty into question - they want issues to be resolved as to prevent any question to their authority. What kind of powers do provincial and territorial governments have when it comes to co-management commissions? Provincial veto - they can veto on decisions, thus provincial governments ultimately end up having more power on the projects led on their land then the Indigenous communities themselves What are co-management policies theoretically supposed to achieve? These policies are worked out between Indigenous groups and the provincial/territorial government and are used to guide governance decisions and inform regulatory systems involving resources. How many seats do Indigenous communities have in co-management planning boards? Usually 50% Indigenous groups and Provincial/Territorial government have equal say in co-management committees - true or false? False. While Indigenous people have 50% of the seats, the provincial and territorial government still maintain ultimate authority by reserving provincial veto over decisions Why is the federal government focused on comprehensive land claims as opposed to addressing historic treaties? Because CLCs opens up the conversation to more developments on Indigenous lands Why are specific claims across nations remain stalled? 1) budget cuts 2) lack of federal/provincial interest in resolution 3) lack of access to research due to said budget cuts 4) obfuscating government bureaucracy and an inability to address these claims in a timely manner or in good faith 5) they impose preliminary values in each claim - i.e small value claims What was the difference between the written form and the oral history behind Treaty 9? Written: there was an extinguishment clause put in the treaty Oral discussions: the treaty was supposed to be a peace and friendship agreement, and that they would be sharing the land together What movement was created in response to Bill C-49? Idle No More The Crown treated the Cree like they were equals and that they would have understood their constitution - true or false? False - the Cree were viewed in a paternalistic way by Duncan Campbell Scott. This is why he tricked them into signing an extinguishment clause, because he thought they would have never comprehended their constitution anyway. Who wrote the diary that would confirmthe oral histories of Treaty 9? George McMartin Who said this quote? - "The simpler facts had to be stated, and the parental idea developed that the king is the great father of the Indians, watching over their interests, and ever compassionate" Duncan Campbell Scott When did the Cree learn what Treaty 9 actually detailed? 25 years after signing What are the roles of oral history? 1) Gives us the perspective of Indigenous people 2) Lets us uncover truths that were not disclosed in written documents When was oral history officially admissible by the SCC and which case? Delgamuukw v. British Columbia (1997) This study source was downloaded by from CourseH on :09:45 GMT -05:00 Powered by TCPDF ()