Indigenous: This term is appropriate when referring to matters that affect First Nations (“Indian”), Métis and Metis peoples.

 

Section 35 of the Constitution Act, 1982: "Recognizes and affirms" the "existing" Indigenous and treaty rights in Canada. These Indigenous rights protect the activities, practice, or traditions that are integral to the distinctive culture of the Indigenous peoples. The treaty rights protect and enforce agreements in between the crown and Indigenous peoples. Section 35 also provides protection of Indigenous title which protects the use of land for traditional practices. These rights extend to people who make up the Status “Indian,” Inuit, and Métis peoples.

 

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 sets out the requirements for determining who is a status “Indian.”

The term “Indian” although inappropriate to use when referencing an Indigenous person, is still the word that is identified as legal in the Indian Act.

 

Status Indian (Registered Indian/Treaty): Refers to an Indigenous person who is registered (or entitled to be registered) under the Indian Act.

A person affiliated with a First Nation that has signed, or whose ancestors signed, a treaty with the Crown and who now receives land rights and entitlements as prescribed in a treaty.

 

Reserve: Lands owned by the Crown, and held in trust for the use and benefit of an Indian Band, for which they were set apart. The legal title to Indian reserve land is vested in the federal government.

 

Non-status Indian: An Indigenous 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 lost Indian status under former provisions of the Indian Act. Bill C-31 in 1985 has restored Indian status to those who lost it through marriage.

 

Enfranchisement: Was the process that resulted in a person no longer being considered an Indian under the federal legislation. Indians, who were enfranchised, were removed from their band lists. Indians also lost their Indian status. When a person was no longer considered an Indian he or she lost all benefits associated with being on a band list. Their descendants were not considered Indians, and they could not receive any related benefits. This impact is still felt by current generations.

 

Treaty: In international law, formal agreement between sovereign states or organizations of states. The term treaty is ordinarily confined to important formal agreements.

Treaties are designed to regularize the intercourse of nations, and, as such, they are the source of most international law. In some countries treaties are a part of the law of the land and are binding upon all persons.

 

Metis: Means a person who self-identifies as Métis, is of historic Métis Nation Ancestry, is distinct from other Aboriginal Peoples and is accepted by the Métis Nation.

“Historic Métis Nation” means the Aboriginal people then known as Métis or Half-Breeds who resided in Historic Métis Nation Homeland; “Historic Métis Nation Homeland” means the area of land in west central North America used and occupied as the traditional territory of the Métis or Half-Breeds as they were then known.

 

Inuit: Inuit are Indigenous people of the Arctic. The word Inuit means "the people" in the Inuit language of Inuktitut. The singular of Inuit is Inuk.

 

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