After some 500 years of a relationship that has swung from partnership to domination, from mutual respect and co-operation to paternalism and attempted assimilation, Canada must now work out fair and lasting terms of coexistence with Aboriginal people.
The Starting Point
The Commission has identified four compelling reasons to do so:
Canada enjoys a reputation as a special place - a place where human rights and dignity are guaranteed, where the rules of liberal democracy are respected, where diversity among peoples is celebrated. But this reputation represents, at best, a half-truth.
A careful reading of history shows that Canada was founded on a series of bargains with Aboriginal peoples - bargains this country has never fully honoured. Treaties between Aboriginal and non-Aboriginal governments were agreements to share the land. They were replaced by policies intended to
...remove Aboriginal people from their homelands.
...suppress Aboriginal nations and their governments.
...undermine Aboriginal cultures.
...stifle Aboriginal identity.
It is now time to acknowledge the truth and begin to rebuild the relationship among peoples on the basis of honesty, mutual respect and fair sharing. The image of Canada in the world and at home demands no less.
The foundations of a fair and equitable relationship were laid in our early interaction.
The third volume of our report, Gathering Strength, probes social conditions among Aboriginal people. The picture it presents is unacceptable in a country that the United Nations rates as the best place in the world to live.
Aboriginal people's living standards have improved in the past 50 years - but they do not come close to those of non-Aboriginal people:
Aboriginal people do not want pity or handouts. They want recognition that these problems are largely the result of loss of their lands and resources, destruction of their economies and social institutions, and denial of their nationhood.
They seek a range of remedies for these injustices, but most of all, they seek control of their lives.
A relationship as complex as the one between Aboriginal and non-Aboriginal people is necessarily a matter of negotiation. But the current climate of negotiation is too often rife with conflict and confrontation, accusation and anger.
Negotiators start from opposing premises. Aboriginal negotiators fight for authority and resources sufficient to rebuild their societies and exercise self-government - as a matter of right, not privilege. Non-Aboriginal negotiators strive to protect the authority and resources of Canadian governments and look on transfers to Aboriginal communities as privileges they have bestowed.
Frequent failure to come to a meeting of minds has led to bitterness and mistrust among Aboriginal people, resentment and apathy among non-Aboriginal people.
In our report, we recommend four principles for a renewed relationship - to restore a positive climate at the negotiating table - and a new political framework for negotiations. We discuss the principles at the end of this chapter and the new framework in Chapter 2.
Canada can
be a diverse, exciting, productive,
caring country...a country where every child has
an equal opportunity to grow up full of hope
and enthusiasm for the future.
Martha
Flaherty
President,
Pauktuutit Inuit Women's Organization
Aboriginal people have made it clear, in words and deeds, that they will no longer sit quietly by, waiting for their grievances to be heard and their rights restored. Despite their long history of peacefulness, some leaders fear that violence is in the wind.
What Aboriginal people need is straightforward, if not simple:
We are getting
sick and tired of the promises of the
federal government. We are getting sick and tired of
Commissions. We are getting sick and tired of being
analyzed... We want to see action.
Norman
Evans
Pacific
Metis Federation
Every Canadian will gain if we escape the impasse that breeds confrontation between Aboriginal and non-Aboriginal people across barricades, real or symbolic. But the barricades will not fall until we understand how they were built.
Studying the past tells us who we are and where we came from. It often reveals a cache of secrets that some people are striving to keep hidden and others are striving to tell. In this case, it helps explain how the tensions between Aboriginal and non-Aboriginal people came to be, and why they are so hard to resolve.
Canadians know little about the peaceful and co-operative relationship that grew up between First Peoples and the first European visitors in the early years of contact. They know even less about how it changed, over the centuries, into something less honourable. In our report, we examine that history in some detail, for its ghosts haunt us still.
The ghosts take the form of dishonoured treaties, theft of Aboriginal lands, suppression of Aboriginal cultures, abduction of Aboriginal children, impoverishment and disempowerment of Aboriginal peoples. Yet at the beginning, no one could have predicted these results, for the theme of early relations was, for the most part, co-operation.
The relationship between Aboriginal and non-Aboriginal people evolved through four stages:
Many of today's malfunctioning laws and institutions - the Indian Act and the break-up of nations into bands, to name just two - are remnants of the third stage of our history. But there was honour in history, too; indeed, the foundations of a fair and equitable relationship were laid in our early interaction.
Before 1500, Aboriginal societies in the Americas and non-Aboriginal societies in Europe developed along separate paths, in ignorance of one another. The variety in their languages, cultures and social traditions was enormous. Yet on both sides of the Atlantic, independent peoples with evolving systems of government - though smaller and simpler than the nations and governments we know today - flourished and grew.
America, separated
from Europe by a wide ocean, was inhabited
by a distinct people, divided into separate nations, independent
of each other and the rest of the world, having institutions of
their own, and governing themselves by their own laws. It is
difficult to comprehend... that the discovery of either by the
other should give the discoverer rights in the country discovered
which annulled the previous rights of its ancient possessors.
Chief
Justice John Marshall
United
States Supreme Court
Worcester
v. Georgia (1832)
In the southeastern region of North America, the Cherokee were organized into a confederacy of some 30 cities - the greatest of which was nearly as large as imperial London when English explorers first set eyes on it. Further south, in Central and South America, Indigenous peoples had carved grand empires out of the mountains and jungles long before Cortez arrived.
The
forging and maintaining of these confederacies are evidence of
great political skill...
Bruce
Trigger referring to the Huron [Wendat] Confederacy in
The
Children of Aataentsic
In northern North
America, Aboriginal cultures were shaped by environment and the evolution
of technology:
The Americas were not, as the Europeans told themselves when they arrived, terra nullius - empty land.
Whereas it is just and reasonable, and essential to Our Interests and the Security of Our Colonies, that the several Nations or Tribes of Indians, with whom we are connected and who live under Our Protection, should not be molested or disturbed in the Possession of such parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved for them, or any of them, as their Hunting Grounds... Royal Proclamation of 1763
Encounters between Aboriginal and non-Aboriginal people began to increase in number and complexity in the 1500s. Early contact unfolded roughly as follows:
Non-Aboriginal accounts of early contact tend to emphasize the 'discovery' and 'development' of North America by explorers from Europe. But this is a one-sided view. For at least 200 years, the newcomers would not have been able to survive the rigours of the climate, succeed in their businesses (fishing, whaling, fur trading), or dodge each other's bullets without Aboriginal help.
Cautious co-operation, not conflict, was the theme of this period, which lasted into the eighteenth or nineteenth century, depending on the region. For the most part, Aboriginal and non-Aboriginal people saw each other as separate, distinct and independent. Each was in charge of its own affairs. Each could negotiate its own military alliances, its own trade agreements, its own best deals with the others.
Co-operation was formalized in two important ways:
Treaty making among Aboriginal peoples dates back to a time long before Europeans arrived. Aboriginal nations treated among themselves to establish peace, regulate trade, share use of lands and resources, and arrange mutual defence. Through pipe smoking and other ceremonies, they gave these agreements the stature of sacred oaths.
European traditions of treaty making date to Roman times, but in the seventeenth century, they took on new importance. They became the means for the newborn states of Europe to control their bickering and warfare - indeed, to end it for long periods. Treaties were a way of recognizing each other's independence and sovereignty and a mark of mutual respect.
In the colonies that became Canada, the need for treaties was soon apparent. The land was vast, and the colonists were few in number. They feared the might of the Aboriginal nations surrounding them. Colonial powers were fighting wars for trade and dominance all over the continent. They needed alliances with Indian nations.
The British colonial government's approach to the treaties was schizophrenic. By signing, British authorities appeared to recognize the nationhood of Aboriginal peoples and their equality as nations. But they also expected First Nations to acknowledge the authority of the monarch and, increasingly, to cede large tracts of land to British control - for settlement and to protect it from seizure by other European powers or by the United States.
Over several hundred years, treaty making has been used to keep the peace and share the wealth of Canada.
The Aboriginal view of the treaties was very different. They believed what the king's men told them, that the marks scratched on parchment captured the essence of their talks. They were angered and dismayed to discover later that what had been pledged in words, leader to leader, was not recorded accurately. They accepted the monarch, but only as a kind of kin figure, a distant 'protector' who could be called on to safeguard their interests and enforce treaty agreements. They had no notion of giving up their land, a concept foreign to Aboriginal cultures.
In my language,
there is no word for ‘surrender'. There is
no word. I cannot describe ‘surrender' to you in my language,
so how do you expect my people to [have] put their X on
‘surrender'?
Chief
Francois Paulette
Treaty
8 Tribal Council
Yellowknife,
Northwest Territories
The Two Row Wampum, a belt commemorating a 1613 treaty between the Mohawk and the Dutch, captures the understanding of Aboriginal peoples - treaties were statements of peace, friendship, sharing or alliance, not submission or surrender:
A bed of white wampum symbolizes the purity of the agreement. There are two rows of purple, and those two rows represent the spirit of our ancestors. Three beads of wampum separating the two purple rows symbolize peace, friendship and respect. The two rows of purple are two vessels travelling down the same river together. One, a birch bark canoe, is for the Indian people, their laws, their customs and their ways. The other, a ship, is for the white people and their laws, their customs and their ways. We shall each travel the river together, side by side, but in our own boat. Neither of us will try to steer the other's vessel.
The Royal Proclamation of 1763 was a defining document in the relationship between Aboriginal and non-Aboriginal people in North America. Issued in the name of the king, the proclamation summarized the rules that were to govern British dealings with Aboriginal people - especially in relation to the key question of land.
It is a complex legal document, but the central messages of the proclamation are clear in its preamble. Aboriginal people were not to be "molested or disturbed" on their lands. Transactions involving Aboriginal land were to be negotiated properly between the Crown and "assemblies of Indians". Aboriginal lands were to be acquired only by fair dealing: treaty, or purchase by the Crown.
The proclamation portrays Indian nations as autonomous political entities, living under the protection of the Crown but retaining their own internal political authority. It walks a fine line between safeguarding the rights of Aboriginal peoples and establishing a process to permit British settlement. It finds a balance in an arrangement allowing Aboriginal and non-Aboriginal people to divide and share sovereign rights to the lands that are now Canada.
More than a hundred years later, in 1867, the arrangement we know as Confederation would also allow for power sharing among diverse peoples and governments. But the first confederal bargain was with First Peoples.
In the 1800s,
the relationship between Aboriginal and non-Aboriginal people began
to tilt on its foundation of rough equality. The number of settlers
was swelling, and so was their power. As they dominated the land,
so they came to dominate its original inhabitants. They gained power
as a result of four changes that were transforming the country:
History has
not been written yet from the Indian point of view.
Violet
Soosay
Montana
First Nation community
Hobbema,
Alberta
Ironically, the transformation from respectful coexistence to domination by non-Aboriginal laws and institutions began with the main instruments of the partnership: the treaties and the Royal Proclamation of 1763. These documents offered Aboriginal people not only peace and friendship, respect and rough equality, but also 'protection'.
Protection was the leading edge of domination. At first, it meant preservation of Aboriginal lands and cultural integrity from encroachment by settlers. Later, it meant 'assistance', a code word implying encouragement to stop being Aboriginal and merge into the settler society.
Protection took the form of compulsory education, economic adjustment programs, social and political control by federal agents, and much more. These policies, combined with missionary efforts to civilize and convert Indigenous people, tore wide holes in Aboriginal cultures, autonomy and feelings of self-worth.
[The Indian Act] has...deprived
us of our independence, our dignity,
our self-respect and our responsibility.
Kaherine
June Delisle
Kanien'kehaka
First Nation
Kahnawake,
Quebec
No Canadian acquainted
with the policies of domination and assimilation wonders why Aboriginal
people distrust the good intentions of non-Aboriginal people and their
governments today.
The promises
we have to make to you are not for today only,
but for tomorrow, and not only for you but for your children
born and unborn. And the promises we make will be carried out
as long as the sun shines above and the water flows in the ocean.
Alexander
Morris, Lieutenant Governor of Manitoba and the
North-West
Territories
Address
to the Cree and Salteaux, Fort Qu'Appelle (1874)
But British and Canadian policy toward Métis people was dismissive. They were not 'Indians', and they were not legitimate settlers. The usual practice was to declare them 'squatters' and edge them off the land they were farming when preferred settlers moved in.
Under Louis Riel,
the Métis of the Red River Valley struggled for their own land
and government. They were promised both in the Manitoba Act of
1870, but those promises were later denied. Many moved further
west and north, where they again fought for land and political recognition.
In the spring of 1885 their forces were crushed at Batoche by a military
expedition sent by Ottawa. The people were dispersed again, and to
this day, their claims for a secure land base and their own forms
of government have not been settled.
Our Indian legislation generally rests on the
principle
that the Aborigines are to be kept in a condition of tutelage
and treated as wards or children of the state... It is
clearly our wisdom and our duty, through education and other
means, to prepare him for a higher civilization by encouraging
him to assume the privileges and responsibilities of full
citizenship.
Annual
Report of the Department of the Interior (1876)
These laws, and
others, were codified in the Indian Acts of 1876, 1880, 1884 and later.
The Department of the Interior (later, Indian Affairs) sent Indian
agents to every region to see that the laws were obeyed.
Attendance was
compulsory. Aboriginal languages, customs and habits of mind were
suppressed. The bonds between many hundreds of Aboriginal children
and their families and nations were bent and broken, with disastrous
results.
Those who survived
asked for no special honours, but they expected to be treated as other
war veterans were on their return to Canada. They were not. They were
denied many of the benefits awarded to other vets. Land was taken
from their reserves and used 'for military purposes' or awarded to
non-Aboriginal veterans. Those left alive today are still seeking
recognition for their part in the war effort and compensation for
their later losses.
The purpose of the treaties, in Aboriginal eyes, was to work out ways of sharing lands and resources with settlers, without any loss of their own independence. But the representatives of the Crown had come to see the treaties merely as a tool for clearing Aboriginal people off desirable land.
To induce First Nations to sign, colonial negotiators continued to assure them that treaty provisions were not simply agreed, but guaranteed to them - for as long as the sun shone and the rivers flowed.
Policies of domination and assimilation battered Aboriginal institutions, sometimes to the point of collapse. Poverty, ill health and social disorganization grew worse. Aboriginal people struggled for survival as individuals, their nationhood erased from the public mind and almost forgotten by themselves.
Resistance to assimilation grew weak, but it never died away. In the fourth stage of the relationship, it caught fire and began to grow into a political movement. One stimulus was the federal government's White Paper on Indian policy, issued in 1969.
The
fact is that when the settlers came, the Indians
were there, organized in societies and occupying the land
as their forefathers had done for centuries.
This is what Indian title means...
Supreme
Court of Canada
Calder
v. Attorney General
of
British Columbia (1973)
The White Paper proposed to abolish the Indian Act and all that remained of the special relationship between Aboriginal people and Canada - offering instead what it termed equality. First Nations were nearly unanimous in their rejection. They saw this imposed form of 'equality' as a coffin for their collective identities - the end of their existence as distinct peoples. Together with with Inuit and Métis, they began realize the full significance of their survival in the face of sustained efforts to assimilate them. They began to see their struggle as part of a worldwide human rights movement of Indigenous peoples. They began to piece together the legal case for their continuity as peoples - nations within Canada - and to speak out about it.
They studied their history and found evidence confirming that they have rights arising from the spirit and intent of their treaties and the Royal Proclamation of 1763. They took heart from decisions of Canadian courts, most since 1971, affirming their special relationship with the Crown and their unique interest in their traditional lands. They set about beginning to rebuild their communities and their nations with new-found purpose.
The
relationship between the government and Aboriginals
is trust-like rather than adversarial, and... contemporary
recognition and affirmation of Aboriginal rights must be
defined in light of this historic relationship.
Supreme
Court of Canada
R.
v. Sparrow (1990)
The strong opposition of Aboriginal people to the White Paper's invitation to join mainstream society took non-Aboriginal people by surprise. The question of who Aboriginal people are and what their place is in Canada became central to national debate.
A dozen years of intense political struggle by Aboriginal people, including appeals to the Queen and the British Parliament, produced an historic breakthrough. "Existing Aboriginal and treaty rights" were recognized in the Constitution Act, 1982.
This set the stage for profound change in the relationship among the peoples of Canada, a change that most governments have nevertheless found difficult to embrace.
The policies of the past have failed to bring peace and harmony to the relationship between Aboriginal peoples and other Canadians. Equally, they have failed to bring contentment or prosperity to Aboriginal people.
In poll after poll, Canadians have said that they want to see justice done for Aboriginal people, but they have not known how. In the following chapters, we outline a powerful set of interlinked ideas for moving forward.
In the years since the White Paper, Canadian governments have been prodded into giving Aboriginal communities more local control. They have included more Aboriginal people in decision making and handed over bits and pieces of the administrative apparatus that continues to shape Aboriginal lives.
But governments have so far refused to recognize the continuity of Aboriginal nations and the need to permit their decolonization at last. By their actions, if not their words, governments continue to block Aboriginal nations from assuming the broad powers of governance that would permit them to fashion their own institutions and work out their own solutions to social, economic and political problems. It is this refusal that effectively blocks the way forward.
The new partnership we envision is much more than a political or institutional one. It must be a heartfelt commitment among peoples to live together in peace, harmony and mutual support.
For this kind of commitment to emerge from the current climate of tension and distrust, it must be founded in visionary principles. It must also have practical mechanisms to resolve accumulated disputes and regulate the daily workings of the relationship.
We propose four principles as the basis for a renewed relationship: recognition, respect, sharing and responsibility
We propose four principles as the basis of a renewed relationship.
The Six Nations
of the Iroquois Confederacy have described
the spirit of the relationship as they see it in the image
of a silver covenant chain. "Silver is sturdy and does not
easily break," they say. "It does not rust and deteriorate
with time. However, it does become tarnished. So when we come
together, we must polish the chain, time and again, to
restore our friendship to its original brightness."
Chief
Jacob E. Thomas
Cayuga
First Nation
Haudenosaunee
(Iroquois) Confederacy
We propose that treaties be the mechanism for turning principles into practice. Over several hundred years, treaty making has been used to keep the peace and share the wealth of Canada. Existing treaties between Aboriginal and non-Aboriginal people, however dusty from disuse, contain specific terms that even now help define the rights and responsibilities of the signatories toward one another.
We maintain that new and renewed treaties can be used to give substance to the four principles of a just relationship. How they can be used is explained in Chapter 2.