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Hereditary Chiefs In Canada
Hereditary chiefs in Canada are leaders within some First Nations in Canada who represent different houses or clans and who, according to some interpretations of case law from the Supreme Court of Canada, have jurisdiction over territories that fall outside of band-controlled reservation land. Passed down intergenerationally, hereditary chieftaincies are rooted in traditional forms of Indigenous governance models which predate colonization. The Indian Act (1876), still in force today, imposed electoral systems to fill band council positions. Although recognized by and accountable to the Government of Canada, band chiefs do not hold the cultural authority of hereditary chiefs, who often serve as knowledge keepers responsible for the upholding of a First Nation's traditional customs, legal systems, and cultural practices. It was hereditary chiefs of the Gitxsan and Wetʼsuwetʼen who acted as plaintiffs in the Delgamuukw v British Columbia decision (1997) of the Supreme Court of Ca ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Traditional Knowledge
Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge. Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others. These kinds of knowledge, crucial for subsistence and survival, are generally based on accumulations of empirical observation and on interaction with the environment. In many cases, traditional knowledge has been passed for generations from person to person, as an oral tradition. Some forms of trad ...
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Office Of The Hereditary Chiefs Of The Wetʼsuwetʼen
An office is a space where an organization's employees perform administrative work in order to support and realize objects and goals of the organization. The word "office" may also denote a position within an organization with specific duties attached to it (see officer, office-holder, official); the latter is in fact an earlier usage, office as place originally referring to the location of one's duty. When used as an adjective, the term "office" may refer to business-related tasks. In law, a company or organization has offices in any place where it has an official presence, even if that presence consists of (for example) a storage silo rather than an establishment with desk-and-chair. An office is also an architectural and design phenomenon: ranging from a small office such as a bench in the corner of a small business of extremely small size (see small office/home office), through entire floors of buildings, up to and including massive buildings dedicated entirely to ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sched ...
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Section 35 Of The Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rights and Freedoms''. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. Text The provision provides that: Aboriginal rights In 1982, when section 35 was entrenched into the Canadian Constitution, Delbert Riley — who was then th ...
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Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', 9973 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the '' Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test from '' R v Sparrow'' applies when Aboriginal title is infringed. The decision is als ...
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Wetʼsuwetʼen
The Wetʼsuwetʼen ( ) are a First Nation who live on the Bulkley River and around Burns Lake, Broman Lake, and François Lake in the northwestern Central Interior of British Columbia. The endonym Wetʼsuwetʼen means "People of the Wa Dzun Kwuh River (Bulkley River)". The Wetʼsuwetʼen are a branch of the Dakelh or Carrier people, and in combination with the Babine people have been referred to as the Western Carrier. They speak Witsuwitʼen, a dialect of the Babine-Witsuwitʼen language which, like its sister language Carrier, is a member of the Athabaskan family. Their oral history, called ''kungax'', recounts that their ancestral village, Dizkle or Dzilke, once stood upstream from the Bulkley Canyon. This cluster of cedar houses on both sides of the river is said to have been abandoned because of an omen of impending disaster. The exact location of the village has been lost. The neighbouring Gitxsan people of the Hazelton area have a similar tale, though the village ...
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Gitxsan
Gitxsan (also spelled Gitksan) are an Indigenous people in Canada whose home territory comprises most of the area known as the Skeena Country in English (: means "people of" and : means "the River of Mist"). Gitksan territory encompasses approximately of land, from the basin of the upper Skeena River from about Legate Creek to the Skeena's headwaters and its surrounding tributaries. Part of the Tsimshianic language group, their culture is considered to be part of the civilization of the Indigenous peoples of the Pacific Northwest Coast, although their territory lies in the Interior rather than on the Coast. They were at one time also known as the ''Interior Tsimshian'', a term which also included the Nisga'a, the Gitxsan's neighbours to the north. Their neighbours to the west are the Tsimshian (a.k.a. the Coast Tsimshian) while to the east the Wetʼsuwetʼen, an Athapaskan people, with whom they have a long and deep relationship and shared political and cultural community ...
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Government Of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ..., as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. Three institutions—the Privy Council ( conventionally, the Cabinet); the Parliament of Canada; and the Judiciary of Canada, judiciary, respectively—exercise the powers of the Crown. The term "Government of Canada" (french: Gouvernement du Canada, links=no) more commonly refers specifically to the executive—Minister of the Crown, ministers of the Crown (the Cabinet) and th ...
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First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of D ...
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Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002. The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original ''Indian Act'' defines two elements that affect all Indigenous Canadians: :It says how reserves and bands can operate. The act sets out rules for governing Indian res ...
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Settler Colonialism
Settler colonialism is a structure that perpetuates the elimination of Indigenous people and cultures to replace them with a settler society. Some, but not all, scholars argue that settler colonialism is inherently genocidal. It may be enacted by a variety of means ranging from violent depopulation of the previous inhabitants to less deadly means such as assimilation or recognition of Indigenous identity within a colonial framework. As with all forms of colonialism, it is based on exogenous domination, typically organized or supported by an imperial authority. Settler colonialism contrasts with exploitation colonialism, which entails a economic policy of conquering territory to exploit its population as cheap or free labor and its natural resources as raw material. In this way, settler colonialism lasts indefinitely, except in the rare event of complete evacuation or settler decolonization. Political theorist Mahmoud Mamdani suggested that settlers could never succeed in ...
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