While Aboriginal people share the distinction of being the Indigenous peoples of Canada, there are ways in which they are separate and distinct people. This distinction often gets lost when the term Aboriginal is used to discuss issues affecting these peoples.
The term Indian appears in the Constitution act and up until relatively recently has been used to define those peoples who are defined as Indian via section 6 of the Indian Act. What makes this group distinct is the fact that they possess a unique relationship with the Federal government by virtue of the Royal Proclamation of 1763. This document is important due to the fact it:
- recognized that Indian people had rights to the land
- established a treaty making process whereby land rights could be surrendered to only to the Crown.
- established the relationship between the Crown and Indian people.
- recognized the existence of Aboriginal rights which include rights to land, to hunt, fish and gather, self-government, and others.
It has also been pointed out that although the Indian Act also applies to the Inuit people and defines Inuit as Indian they too are separate and distinct from Indians. Generally the term Inuit applies to those Indigenous peoples who occupy the Arctic. What sets them apart from Indian people is the fact that many of these groups have not signed treaties, hence have retained their Aboriginal rights, and make up the majority population in the north. As a result, the Inuit have retained much of their traditional political power in their traditional lands.
The third group the Metis are mixed blood peoples who have not signed treaties with the Crown. Moreover, as an Indigenous peoples, like the Inuit and the Indian peoples they also possess Aboriginal rights. Unlike the Inuit and Indian people they are not defined by the Government nor have they signed treaties. According to the Supreme Court of Canada (R. v. Powley) three broad criteria define who is Metis:
- self-identification;
- ancestral connection to a Metis community; and
- community acceptance
This results in a situation where the Metis retain the Aboriginal right to define their own identity.
Aboriginal Rights V. Treaty Rights
Aboriginal rights are those rights that all Aboriginal people possess by virtue of original occupation. These include but are not limited to rights to:
- self-government
- honourable treatment from the crown
- traditional territory
- cultural integrity
- sustenance
- spirituality and
- language (Slattery, 2007)
On the other hand, treaty rights are those rights that arise from the negotiation of treaties and generally include, but are not limited to:
- education
- health
- lands
- economic development
- annuities (treaty payments)
- hunting, gathering and fishing
These differences underscores the importance of specificity when discussing the issue of rights among Indigenous people in Canada.
Acceptable terms
As discussed earlier, although the term Indian is largely considered unacceptable, there are other terms which may be substituted. These terms include:
- First Nation or Nations;
- Amerindian
- Native American (when discussing U.S. peoples)
- Tribal specific names when discussing a specific peoples.
Bibliography,
Slattery Brian: "What are Aboriginal Rights" ,
Supreme Court of Canada: "Supreme Court of Canada - Decisions R. v. Powley",
