Settler colonialism in Canada refers to the process and effects of colonization on the Indigenous peoples of Canada. As colonization progressed, Indigenous peoples were subject to policies of forced assimilation and cultural genocide. Governments in Canada in many cases ignored or chose to deny the aboriginal title of First Nations. The traditional governance of many of the First Nations was replaced with government-imposed structures. Many Indigenous cultural practices were banned.
The relationship between Aboriginal Canadians and the Crown has been heavily defined by the effects of settler colonialism and Indigenous resistance. Canadian courts and recent governments have recognized and eliminated many discriminatory practices.
Government policies Doctrine of Discovery The Catholic Doctrine of Discovery is a legal doctrine that Louise Mandell asserted is a justification for settler colonialism in Canada. The doctrine allowed Catholic European explorers to claim non-Christian lands for their monarch based on papal bulls. The doctrine was applied to the Americas when Pope Alexander VI issued Inter caetera in 1493, giving Spain title to "discoveries" in the New World. Spain, however, claimed only the Pacific coast of what is today Canada and, in 1789, established just the settlements of Santa Cruz de Nuca and Fort San Miguel, both of which were abandoned six years later.
In the 2004 case Tsilhqot'in Nation v British Columbia, the Supreme Court of Canada confirmed that "the doctrine of terra nullius never applied in Canada". Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title.Tsilhqot'in Nation v British Columbia 2 SCR 257 at paragraphs 69–71 The court set out a number of conditions which must be met in order for the Crown to extinguish Aboriginal title.Tsilhqot'in Nation v British Columbia 2 SCR 257 at paragraph 77 The court, 10 years later, in Tsilhqot'in Nation v. British Columbia, rejected all Crown arguments for Aboriginal title extinguishment.
The Royal Proclamation of 1763
The Royal Proclamation of 1763, issued by King George III, is considered one of the most important treaties in Canada between Europeans and Indigenous peoples, establishing the relationship between Indigenous peoples and the Crown, which recognized Indigenous peoples rights, as well as defining the treaty making process, which is still used in Canada today. The Royal Proclamation also acknowledged Indigenous peoples' constitutional right to sovereignty and self government. Within the document, both sides agreed that treaties were the most effective legal way for Indigenous peoples to release control of their land. However, the Royal Proclamation was drafted by the British government, without any Indigenous input, which resulted in a monopoly over the purchase of Indigenous lands by the Crown. The Proclamation banned non-Indigenous settlers from claiming the land that was being populated by Indigenous peoples, unless the land had first been purchased by the Crown and then sold to the settlers. As time passed, non-Indigenous settlers became eager to establish their own communities and extract resources to sell, forgoing the guidelines set out in the Proclamation.
On appeal of St Catharines Milling and Lumber Co v R in 1888, the imperial Privy Council found native land rights were derived from the Royal Proclamation of 1763. In 1973, Calder v British Columbia (Attorney General), the Supreme Court of Canada found that the Indigenous peoples of Canada held an aboriginal title to their land, which was independent of the Royal Proclamation of 1763 and was derived from the fact that, "when the settlers came, the Indians were there, organized in societies and occupying the land as their forefathers had done for centuries".
Gradual Civilization Act of 1857 Assimilation was the goal for the Europeans for Indigenous individuals for much of history, this can be seen in the Gradual Civilization Act. This act was made in 1857 by CAct played on the idea of how Indigenous individuals were 'savages' that needed to be reformed by the 'civilized' Europeans, thus the act being called the Gradual Civilization Act. In some ways the Gradual Civilization Act was an extension of residential schools because it had the same goal but this Act was targeted towards Indigenous men instead of children. This Act made it so that Indigenous men, if they wanted to could become a part of the European-Canadian society, they were to give up many different aspects of their culture. The European-Canadian definition of being civilized entailed being able to speak and write in either English or French, and to be as similar to a white man as possible so that there were no discernible differences. There were commissioners that were tasked to make sure that these criteria were filled, and they examined Indigenous individuals to make sure that they were meeting the criteria. The outcome of this was that any individual that was deemed to meet the criteria could become enfranchised. The Act was a direct consequence of settler colonialism as the Indigenous individuals were forced to assimilate to the world views and customs of the settlers.
Numbered treaties
The Indian Act of 1876
In 1876, the Indian Act was passed by the Parliament of Canada and allowed the administration of Indian Status, reserve lands, and local Indigenous governance. The act gave the Canadian government control over Indigenous identity, political practices, governance, cultural practices, and education. One of the underlying motivations in the act was to enforce a policy of assimilation, to prohibit Indigenous peoples from practicing their own cultural, political, and spiritual beliefs. The act defined Indian Status and the entitlement and legal conditions that accompanied it, established land management regimes on reserves, managed the sales of natural resources, and defined band council powers and electoral systems.
Gender discrimination within the act enforced gender bias as another means of extinguishing Indian Status, thereby excluding women from their rights. Under this legislation, an Indian woman who married a non-Indian man would no longer be Indian. She would lose her status, treaty benefits, health benefits, the right to live on reserve, the right to inherit property, and even the right to be buried with ancestors. However, when an Indian man married a woman without status, he retained all his rights.
In 1951, the act was amended, to lift the various restrictions on Indigenous culture, religion, and politics. This included removing bans on potlatch and sun dance ceremonies. Additionally, these amendments allowed women to vote in band council elections and Elsie Marie Knott was the first woman to be elected chief in Canada. However, these actions didn't eliminate gender disparity in status requirements. Instead of having "Indian blood", status was assigned through the Indian Register, where male lines of descent were still privileged. In 1985, the act was amended again, through Bill C-31, in order to reflect the newly enacted Canadian Charter of Rights and Freedoms. The amendment allowed women who "married out" of their band to apply for their rights and Indian status to be restored.
Residential schools
The Canadian Indian residential school system was an extensive school system that was set up by the Government of Canada and organized and ran by Churches. While the first residential schools for Indigenous children were formed in the 17th Century, the system set up by Canada began in the 1880s and began to close during the end of the 20th century. One of the first schools, the Mohawk School in Six Nations, was seen as a model, teaching skills in agriculture and trades, seen as a necessity in the changing world. By the 1880s, the concept and goals of residential schools changed following the Bagot Report and the Gradual Civilization Act. Residential schools were seen as a tool to eradicate Indigenous culture and traditions, instill Euro-Canadian values, and impose the Christian religion for assimilation into Canadian society.
As settlers began to populate Canada, they brought their own Euro-centric views that believed that their civilization was the ultimate goal. Settlers saw Indigenous people as savage pagans that needed to be civilized, with the best means of doing so was through government mandated education. Residential schools did not as much result in the education of Indigenous peoples, as much as it did result in a 'cultural genocide' of Indigenous peoples. The establishment of residential schools is a direct link to colonial settlers and the values that they brought, when they began to populate what we know today as Canada.
In Canada over 150,000 children attended residential schools throughout the century that they were in operation. The Indigenous children that attended residential schools were often forcibly removed from their homes and families as residential schools became mandatory. While at residential schools, students were no longer allowed to speak their own language or acknowledge their culture or heritage without the threat of punishment. Conditions at many schools were unhealthy and there was a high rate of tuberculosis. Discipline was harsh. If rules were broken the students were brutally punished. Further, there was extensive abuse. Residential schools were known for students experiencing physical, sexual, emotional and psychological abuse from the staff of the schools. Residential schools resulted in generations of Indigenous peoples who lost their language and culture. The removal from homes at such a young age also resulted in generations that did not have the knowledge or skills to have families of their own.
Ongoing effects of colonialism in Canada Colonialism in current times Colonialism is defined by its practice of domination which includes the subjugation of one people, the colonizers over another, the colonized. The distinction of settler colonialism is its goal of replacing the people already living there. Through colonization Canada's Indigenous people have been subject to the destruction against their culture and traditions through assimilation and force. It can be argued that Colonialism and its effects are still ongoing when looking at current events.
Forced sterilization of Indigenous people Forced sterilization is defined as the removal of a person's reproductive organs either through force or coercion, and is viewed as a human rights violation. Its effect against Indigenous women has also identified it as violence against women and a form of racial discrimination.Indigenous women Canada has had a history of sterilization which has disproportionately affected Indigenous women in the North. This has led to proposals on how healthcare can be better tailored to address the discrimination Indigenous women face when receiving healthcare.
Indigenous women have reported to having found out that their fallopian tubes had been tied without their consent or were coerced into agreeing to it by doctors who assured them it was reversible. The interference in Indigenous peoples reproductive lives were justified using the ideology of Eugenics. Although the Sexual Sterilization Act in Canada was repealed in 1972, the sterilizations of Indigenous people have continued. While the policies of coercive sterilization on Indigenous women have been recognized as sexist, racist and imperialist the extent to which it has systematically impacted Indigenous women is not an isolated instance of abuse. It can be looked at as a part of a larger context involving the colonization and racism Indigenous people face.
Missing and murdered Indigenous women and girls