Glossary

Aboriginal: The term "Aboriginal" is appropriate when referring to matters that affect First Nations (Indian) and Métis peoples. The word is most appropriately used as an adjective (e.g., Aboriginal person).

Aboriginal Peoples: Section 35 of the Constitution Act, 1982 recognizes three groups of Aboriginal peoples -- Indians, Métis and Inuit peoples.

Aboriginal rights: Rights that some Aboriginal peoples of Canada hold as a result of their ancestors' long-standing use and occupancy of the land, e.g., to hunt, trap and fish on ancestral lands. Legally, the existence of specific Aboriginal rights are determined on a case-by-case basis.

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 a long-standing use and occupancy of the land as descendants of the original inhabitants of Canada.

Band: As defined by the Indian Act, a Band is a body of Indians for whose common use and benefit lands have been set aside or monies held by the Government of Canada or declared by the Governor in Council to be a Band. Today, many Bands prefer to be known as First Nations.

Band Membership: What an individual Indian has when he or she is a recognized member of a Band and whose name appears on an approved Band List. Where a Band has adopted its own membership code, it may define who has a right to membership in the Band, so being a status Indian is not necessarily synonymous with being a Band member. Status Indians who are not Band members are listed in the General List.

Band Chief: The leader of the local Band and Band Council. The Chief is elected by eligible voters of the Band, or by the councillors according to the regulations of the Indian Act.

Band Council: Governing or administrative body of a Band, elected according to procedures laid out in the Indian Act. They may either be an elected or custom council under the Act. The councillors are elected by eligible members and serve a two-year term.

Band Council Resolution: Refers to a written resolution of the Council adopted at a duly convened meeting of the Council.

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. Bill C-31 enabled people affected by the discriminatory provisions of the old Indian Act to apply to have their Indian status restored.

Comprehensive Claims: Comprehensive claims are based on the recognition that there are continuing Aboriginal rights to lands and natural resources 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 such as land title, fishing and trapping rights and financial compensation.

Consensus Decision-making: Refers to the traditional decision-making style and decision-making process of Aboriginal and other indigenous peoples as it relates to fundamental community affairs.

Constitution Act (B.N.A. Act), 1867: Section 91(24) of the Act states that legislative authority for "Indians, and Lands Reserved for the Indians" rests with the federal government.

Custom: A traditional Aboriginal practice.

Elder(s): Aboriginal persons who are respected and consulted due to their experience, wisdom, knowledge, background and insight. Elder does not necessarily equate with age.

Equity Acres: The formula, which is based on % of current population, as is outlined in Treaty Land Entitlement Framework Agreement.

First Nation(s): A term that came into common usage in the 1970s to replace the word "Indian". Although the term First Nation is widely used, no legal definition of it exists. The term has also been adopted to replace the word "Band" in the naming of communities.

First Nation Council: See Band Council.

Honour Acres: In Treaty Land Entitlement, honour acres refers to the amount of acres that a First Nation was entitled to in previous agreements (such as the 1976 Treaty Land Entitlement Agreement) that have been honoured in the subsequent 1991Treaty Land Entitlement Agreement if the 1992 formula provided acreage of a lesser amount.

Indian: The term "Indian" is narrowly defined by the Indian Act. Indian peoples are one of three groups of people recognized as one of Canada's Aboriginal peoples in the Constitution Act, 1982. 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 (see Bill C-31).

Indian Band: See Band.

Indian 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.

Indian status: An individual's legal status as an Indian, as defined by the Indian Act.

Indigenous: Generally used in the international context, "indigenous" refers to peoples who are original to a particular territory. This term is very similar to Aboriginal and has a positive connotation.

Inherent Right of Self-government: Derived from Aboriginal peoples' use and occupation of certain lands from time immemorial.

Inuit: An Aboriginal people in northern Canada, who live above the tree line in the Northwest Territories, and in 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 (see comprehensive claim and specific claim).

Métis: The term refers to Aboriginal people of mixed First Nation and European ancestry who identify themselves as Métis people, as distinct from First Nations people, Inuit or non-Aboriginal people. The Métis have a unique culture that draws on their diverse ancestral origins, such as Scottish, French, Ojibway and Cree.

Native: A term used to refer generally to Aboriginal peoples. The term "Aboriginal person" is preferred to "native".

Natural Resources Transfer Agreement (NRTA), 1930: Agreements with Manitoba, Saskatchewan and Alberta transferring the administration of natural resources and the control of Crown lands from Canada to the province. All three agreements included provisions for the transfer of unoccupied Crown lands to enable Canada to fulfil its treaty obligations to First Nations.

Non-status Indian: 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 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.

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.

Reserve: Land set aside by the federal government for the use and occupancy of an Indian group or Band. Legal title rests with the Crown in right of Canada.

Royal Proclamation of 1763: Enacted by the British Government to ensure that the interests of Indian people and their lands were protected, and the Indian people were dealt with fairly if that interest was extinguished.

Self-government: Self-government is the ability of peoples to govern themselves according to their values, cultures and traditions.

Shortfall: In Treaty Land Entitlement, "shortfall" is the amount of land that a First Nation should have received when their reserve was first surveyed, but did not. This is the minimum amount of land that entitlement First Nations must acquire and have attain reserve status in order to satisfy Canada's Treaty obligation.

Specific Claims: Specific claims deal with specific grievances that First Nations may have regarding the fulfilment of treaties and grievances relating to the administration of First Nations' lands and assets under the Indian Act.

Status Indian (Registered Indian): Refers to an Indian person who is registered (or entitled to be registered) under the Indian Act. The Act sets out the requirements for determining who is a status Indian.

Tax Loss Compensation: In Treaty Land Entitlement agreements, Rural Municipalities are entitled to receive a one-time payment equivalent to 22½ times one years tax revenue. This amount replaces the lost property tax revenue when a parcel of land attains reserve status and is therefore no longer taxable.

Treaty: An agreement between First Nations and the Crown. Between 1871 and 1906, six "numbered" Treaties (Treaties 2, 4, 5, 6, 8 and 10) covering what is now the Province of Saskatchewan were signed between the Crown and First Nations.

Treaty Indian: 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.

Treaty Land Entitlement (TLE): Treaty Land Entitlement is a process where the federal and provincial governments are fulfilling Treaty commitments of land made to First Nations.

Treaty Rights: Special rights to lands and entitlements that Indian people legally have as a result of treaties; rights protected under section 35 of the Constitution Act, 1982.

Tribal Council: An association of First Nation (Band) Councils.