English - Ontario Association of Children's Aid Societies

First Nations: A term that came into common usage in the 1970s to replace the word
“Indian,” which many found offensive. The term “First Nations” has been adopted to
replace the word “band” in the names of communities.
Haida Case: In Haida Nation v. British Columbia (Minister of Forests), the Haida Nation
(on the Queen Charlotte Islands in B.C. or Haida Gwaii, as the Haida call it) challenged
the issuance of a timber harvesting license from the Province of B.C. to a large forestry
firm, Weyerhaeuser. The basis of the challenge was that traditional Aboriginal rights
over the Haida land gave the Haida Nation something close to a “veto” over resource
development and the license could not be issued over their objections. On judicial
review the Haida’s petition was dismissed. At the B.C. Court of Appeal the petition
was also dismissed. But the Court of Appeal also held that the province and the
forestry firm had a duty to consult with and accommodate the Haida with respect
to harvesting timber. On November 18, 2004, “the Supreme Court of Canada made it
clear that government, not industry, is obligated to negotiate with Aboriginals about
land use — ​even when ownership of that land remains in question. As well, Aboriginals
are entitled to provide input but they have no veto power. The Court emphasized
that the consultation process requires the practice of good faith and reasonableness
by all parties.”
Indian: A term that may have different meanings depending on context. Under the
Indian Act, it means “a person who pursuant to this Act is registered as an Indian or is
entitled to be registered as an Indian.” A number of terms include the word “Indian,”
such as “Status Indian,” “Non-status Indian,” and “Treaty Indian.” Status Indians
are those who are registered as Indians under the Indian Act, although some would
include those who, although not registered, are entitled to be registered. Non-status
Indians are those who lost their status, those whose ancestors were never registered,
or those who lost their status under former or current provisions of the Indian Act.
Treaty Indians are those members of a community whose ancestors signed a treaty
with the Crown and as a result are entitled to treaty benefits. The term “Indian” was
first used by Christopher Columbus in 1492, believing he had reached India.
Indian Act: Federal legislation that regulates Indians and reserves and sets out
certain federal government powers and responsibilities towards First Nations and
their reserved lands. The first Indian Act was passed in 1876, although there were
a number of pre- and post-Confederation enactments with respect to Indians and
reserves prior to 1876. Since then, the Act has undergone numerous amendments,
revisions, and re-enactments. The Department of Indian Affairs and Northern
Development administers the Act.
Inuit: The Inuit are indigenous to Canada’s Arctic Region and “were previously known
as Eskimos . . . ​ Although Inuit are a federal responsibility [as Aboriginal peoples],
they are not part of the Indian Act. Inuit do not pay taxes and do not live on reserves”
(Ottawa Inuit Children’s Centre, 2010).
The Meech Lake Accord was a package of proposed amendments to the Constitution
of Canada negotiated in 1987 by Prime Minister Brian Mulroney and 10 provincial
premiers. It was intended to persuade the government of the Province of Quebec to
endorse the 1982 Canadian Constitution and increase support in Quebec for
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