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Indigenous peoples in Canada

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Through Canada, Hierarchy and Trade

Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The characteristics of Indigenous cultures in Canada prior to European colonization included permanent settlements, agriculture, civic and ceremonial architecture, complex societal hierarchies, and trading networks. Métis nations of mixed ancestry originated in the mid-17th century when First Nations and Inuit married Europeans, primarily French settlers. First Nations and Métis peoples played a critical part in the development of European colonies in Canada, particularly for their role in assisting Europeans during the North American fur trade.

Various Aboriginal laws, treaties, and legislation have been enacted between European immigrants and Indigenous groups across Canada. The impact of settler colonialism in Canada can be seen in its culture, history, politics, laws, and legislatures. Historically, this included assimilationist policies affecting Indigenous languages, traditions, religion and the degradation of Indigenous communities that has contemporarily been described by some, including academics and politicians, as a cultural genocide, or genocide.

The modern Indigenous right to self-government provides for Indigenous self-government in Canada and the management of cultural, political, health and economic responsibilities within Indigenous communities. National Indigenous Peoples Day recognizes the vast cultures and contributions of Indigenous peoples to the history of Canada. First Nations, Inuit, and Métis peoples of all backgrounds have become prominent figures in Canada and have helped shape the Canadian cultural identity.

Terminology

In Section 35 of the Constitution Act, 1982, "Aboriginal peoples of Canada" includes Indian, Inuit, and Métis peoples. "Aboriginal" as a collective noun is a specific term of art used as a legal term encompassing all Indigenous peoples living in Canada. Although "Indian" is a term still commonly used in legal documents for First Nations, the descriptors "Indian" and "Eskimo" have fallen into disuse in Canada; most consider them to be pejorative. Indian remains in place as the legal term used in the Canadian Constitution. Aboriginal peoples has begun to be considered outdated and is slowly being replaced by the term Indigenous peoples. There is also an effort to recognize each Indigenous group as a distinct nation, much as there are distinct European, African, and Asian cultures in their respective places.

First Nations (most often used in the plural) has come into general use since the 1970s, replacing Indians and Indian bands in everyday vocabulary. However, on Indian reserves, First Nations is being supplanted by members of various nations referring to themselves by their group or ethnic identity. In conversation, this would be "I am Haida", or "we are Kwantlens", in recognition of their First Nations ethnicities. Also coming into general use since the 1970s, First Peoples refers to all Indigenous groups, i.e. First Nations, Inuit, and Métis.

Notwithstanding Canada's location within the Americas, the term Native American is hardly ever used in Canada, in order to avoid any confusion due to the ambiguous meaning of the word "American". Therefore, the term is typically used only in reference to the Indigenous peoples within the boundaries of the present-day United States. Native Canadians was often used in Canada to differentiate this American term until the 1980s.

In contrast to the more-specific Aboriginal, one of the issues with the term native is its general applicability: in certain contexts, it could be used in reference to non-Indigenous peoples in regards to an individual place of origin / birth. For instance, people who were born or grew up in Calgary may call themselves "Calgary natives", as in they are native to that city. With this in mind, even the term native American, as another example, may very well indicate someone who is native to America rather than a person who is ethnically Indigenous to the boundaries of the present-day United States. In this sense, native may encompass a broad range of populations and is therefore not recommended, although it is not generally considered offensive.

The Indian Act (Revised Statutes of Canada (R.S.C.), 1985, c. I-5) sets the legal term Indian, designating that "a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian." Section 5 of the act states that a registry shall be maintained "in which shall be recorded the name of every person who is entitled to be registered as an Indian under this Act." No other term is legally recognized for the purpose of registration and the term Indian specifically excludes reference to Inuit as per section 4 of the act.

The term Eskimo has pejorative connotations in Canada and Greenland. Indigenous peoples in those areas have replaced the term Eskimo with Inuit, though the Yupik of Alaska and Siberia do not consider themselves Inuit, and ethnographers agree they are a distinct people. They prefer the terminology Yupik, Yupiit, or Eskimo. The Yupik languages are linguistically distinct from the Inuit languages, but are related to each other. Linguistic groups of Arctic people have no universal replacement term for Eskimo, inclusive of all Inuit and Yupik across the geographical area inhabited by them.

Besides these ethnic descriptors, Aboriginal peoples are often divided into legal categories based on their relationship with the Crown (i.e. the state). Section 91(24) of the Constitution Act, 1867 gives the federal government (as opposed to the provinces) the sole responsibility for "Indians, and Lands reserved for the Indians." The government inherited treaty obligations from the British colonial authorities in Eastern Canada and signed treaties itself with First Nations in Western Canada (the Numbered Treaties). The Indian Act, passed by the federal Parliament in 1876, has long governed its interactions with all treaty and non-treaty peoples.

Members of First Nations bands who are subject to the Indian Act are compiled on a list called the Indian Register, and such people are designated as status Indians. Many non-treaty First Nations and all Inuit and Métis are not subject to the Indian Act. However, two court cases have clarified that Inuit, Métis, and non-status First Nations are all covered by the term Indians in the Constitution Act, 1867. The first was Reference Re Eskimos (1939), covering Inuit; the second was Daniels v. Canada (2013), which concerns Métis and non-status First Nations.

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