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Definitions
(March 2000)
Aboriginal
Peoples
The descendents of the original inhabitants of North America. The
Canadian Constitution recognizes three groups of Aboriginal peoples
- Indians, Metis people and Inuit. These are three separate peoples
with unique heritages, languages, cultural practices and spiritual
beliefs.
Aboriginal
Rights
Rights that some Aboriginal peoples of Canada hold as a result of
their ancestors' longstanding use and occupancy of the land. The
rights of certain Aboriginal people to hunt, trap and fish on ancestral
lands are examples of Aboriginal rights. Aboriginal rights will
vary from group to group depending on the customs, practices and
traditions that have formed part of their distinctive cultures.
Aboriginal
Self-Government
Governments designed, established and administered by Aboriginal
peoples.
Aboriginal
Title
A legal term that recognizes Aboriginal interest in the land. It
is based on their longstanding use and occupancy of the land as
descendants of the original inhabitants of Canada.
Band
A group of First Nation people for whom lands have been set apart
and money is held by the Crown. Each band has its own governing
band council, usually consisting of one or more chiefs and several
councillors. Community members choose the chief and councillors
by election, or sometimes through traditional custom. The members
of a band generally share common values, traditions and practices
rooted in their ancestry heritage. Today, many bands prefer to be
known as First Nations.
Bill
C-31
The pre-legislation name of the 1985 Act to Amend the Indian Act.
This act eliminated certain discriminatory provisions of the Indian
Act, including the section that resulted in Indian women losing
their Indian status when they married non-Indian men. Bill C-31
enabled people affected by the discriminatory provisions of the
old Indian Act to apply to have their Indian status restored.
Custom
A traditional Aboriginal practice. For example, First Nations peoples
sometimes marry or adopt children according to custom, rather than
under Canadian family law. Band councils chosen "by custom" are
elected or selected by traditional means, rather than by the election
rules contained in the Indian Act.
First
Nation
A term that came into common usage in the 1970s to replace the work
"Indian", which many people found offensive. Although the term First
Nation is widely used, no legal definition of it exists. Among its
uses, the term "First Nations peoples" refers to the Indian people
in Canada, both Status and Non-status. Many Indian people have also
adopted the word "band" in the name of their community.
Indian
A term that describes all the Aboriginal people in Canada who are
not Inuit or Metis. Indian peoples are one of three groups of people
recognized as Aboriginal in the Constitution Act, 1982. The act
specifics that Aboriginal people in Canada consists of Indians,
Inuit and Metis people. In addition, there are three legal definitions
that apply to Indians in Canada: Status Indians, Non-Status Indians
and Treaty Indians.
Indian
Act
This
is the Canadian federal legislation, first passed in 1876, that
sets out certain federal government obligations, and regulates the
management of Indian reserve lands. The act has been amended several
times, most recently in 1985. Among its many provisions, the act
requires the Minister of Indian Affairs and Northern Development
to manage certain moneys belonging to First Nations and Indian lands,
and to approve or disallow First Nations by-laws.
Indian
Status
An individual's legal status as an Indian, as defined by the Indian
Act.
Innu
Naskapi and Montagnais First Nations (Indian) peoples who live in
Northern Quebec and Labrador.
Inuvialuit
Inuit who live in the Western Arctic.
Inuit
An Aboriginal people in northern Canada, who live above the tree
line in Nunavut, the northwest Territories, Northern Quebec and
Labrador. The word means "people" in the Inuit language - Inuktitut.
The singular of Inuit is Inuk.
Land
Claims
In 1973, the federal government recognized two broad classes of
claims - comprehensive and specific. Comprehensive claims are based
on the recognition that there are continuing Aboriginal rights to
lands and natural resources. These kinds of claims come up in those
parts of Canada where Aboriginal title has not previously been dealt
with by treaty and other legal means. The claims are called "comprehensive"
because of their wide scope. They include such things as land title,
fishing and trapping rights and financial compensation. Specific
claims deal with specific grievance that First Nations may have
regarding the fulfillment of treaties. Specific claims also cover
grievances relating to the administration of First Nations lands
and assets under the Indian Act.
Metis
People of mixed First Nation and European ancestry who identify
themselves as Metis people, as distinct from First Nations people,
Inuit or non-Aboriginal people. The Metis have a unique culture
that draws on their diverse ancestral origins, such as Scottish,
French, Ojibway and Cree.
Non-Status
An Indian person who is not registered as an Indian under the Indian
Act. This may be because his or her ancestors were never registered,
or because he or she is lost Indian status under former provisions
of the Indian Act.
The
North
Land in Canada located north of the 60th parallel. DIAND's responsibilities
for land and resources in the Canadian north relate only to Nunavut,
the Northwest Territories and the Yukon.
Nunavut
The territory created in the Canadian North on April 1, 1999 when
the former Northwest Territories was divided in two. Nunavut means
"our land" in Inuktitut. Inuit, whose ancestors inhabited these
lands for thousands of years, make up 85 percent of the populations
of Nunavut. The territory has its own public government.
Off-Reserve
A term used to describe people, services or objects that are not
part of a reserve, but relate to First Nations.
Oral
History
Evidence taken from the spoken words of people who have knowledge
of past events and traditions. This oral history is often recorded
on tape and them put in writing. It is used in history books and
to document claims.
Reserve
Land set aside by the federal government for the use and occupancy
of an Indian group or band.
Status
Indian
An Indian person who is registered under the Indian Act. The act
sets out the requirements for determining who is a Status Indian.
Surrender
A formal agreement by which a First Nation consents to give up part
or all of its rights on a reserve. Reserve lands can be surrendered
for sale or for lease, on certain conditions.
Treaty
Indian
A Status Indian who belongs to a First Nation that signed a treaty
with the Crown.
Tribal
Council
A regional group of First Nations members that delivers common services
to a group of First Nations.
Publications
and Public Enquiries can be made to:
Department of Indian Affairs and Northern Development
Ottawa, Ontario K1A 0H4
Telephone: (819) 997-0380
Web site: www.inac.gc.ca
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