Part One Indigenous Peoples of Alberta Then and Now
Indigenous people are descendants of the first inhabitants of this province. Many theories have been developed about how the first inhabitants of what is now Alberta got here. However, the most prominent one states that people from northeast Asia walked across a land bridge called the Bering Strait Land Bridge.1 The exact time people came to the New World is uncertain, but the archaeological record in northern Yukon has evidence dating back 18,000 years.2
The ancestors of Indigenous people of Alberta lived on this land as the ice receded during the last ice age. Even the locations of present-day Edmonton and Calgary were inhabited in prehistoric times.3 Further, recent road construction along the Trans-Canada Highway near Banff garnered items dating back 10,000 years.4 According to archaeologist Jack Brink, ancient Alberta hunters and gatherers developed complex and ingenious technologies that allowed them to live in a harsh environment for thousands of years.5 The Indigenous people of Alberta would continue living in this area for millennia.
The first reference to Alberta in the historical record was in Henry Kelsey’s journal at York Factory in 1715. Kelsey wrote of a Cree trader named Swan who came from an area that would become northern Alberta: “He brought a sample of that gum or pitch that flows out of the banks of that river.”6 The gum or pitch Kelsey described was tar sand and the river was the Athabasca.
Indigenous people were vital to the creation of Canada and the creation of Alberta. Indigenous labour, technology, and ingenuity were critical to survival in the early days of European settlement on the land that would become Canada. Indigenous people aided in early exploration, such as Alexander Mackenzie’s trek to the Pacific in which Indigenous people served sundry roles such as guides, cooks, and provisioners. This is what Sylvia Van Kirk called “social brokers.”7 For example, historical records show that Indigenous women travelling on the expedition made 600 pairs of moccasins during the trip.8 However, over the next centuries, Indigenous people would become viewed as extraneous to the economy and were subsequently marginalized.
I must first outline exactly what I mean by Indigenous people before I can describe the conditions surrounding Indigenous life in Alberta. I will provide a brief definition of Aboriginal people as outlined in the Constitution Act, 1982. I will then touch on the foundational basis of relations between First Nations of Alberta and settler society. Last, I will describe some of the current social and economic characteristics of Indigenous people living in Alberta. Let me begin with a definition of Indigenous Peoples in Canada.
Definitions of Indigenous Peoples
There were trade relations and there were political relations. There were also conflicts. Some First Nations were traditional enemies; for example, historian Olive Dickason comments that “the Cree and the Blackfoot considered each other their worst foe.”9 There were conflicts between the First Nations people in Alberta just as there were wars between countries in Europe.
In Canada, there are more than 50 distinct languages spoken by Indigenous people, including Ojibway, Cree, Blackfoot, Saulteaux, Chipewyan, and others. These languages are as different from each other as French and Italian. First Nations cultures are geographically scattered throughout Canada and have unique historical experiences that shaped their present-day cultures.10 There are also the Métis with at least two distinct cultures, as I will explain shortly, as well as Inuit with differences among them. However, the most significant distinctions are the legally imposed definitions.
Legal Definitions of Indigenous Peoples in Canada
The term Indigenous is becoming more prevalent, replacing the term Aboriginal, which gained acceptance in the 1990s and is still part of Canada’s Constitution Act, 1982. The labels given to the Indigenous Peoples of Canada by mainstream Canada have changed over the years. Originally, the names the Indigenous people called themselves generally translated to “the People.” However, in mainstream Canada they were called Indian, Native, Aboriginal, and Indigenous. Most recently they have been called First Nations, Métis, and Inuit, or “FNMI.” Some accept this label, while others object to being addressed by what is referred to as a “bracketed term.” In this section of the book, the terms Indigenous and Aboriginal will be used interchangeably.
Three separate pieces of legislation determine the legal categorization of Indigenous Peoples in Canada: the Constitution Act, 1867 (the British North America Act); the Indian Act; and the Constitution Act, 1982.
Constitution Act, 1867 (British North America Act, 1867)
At Confederation, the British North America Act, 1867 (BNA Act) gave exclusive powers over, “Indians, and Lands reserved for the Indians,” under section 91(24) to the federal government. Indians, under the Constitutional definition, is broader than the Indian Act definition. The Supreme Court of Canada in Re: Eskimo held that Indians under s. 91(24) includes Eskimo (Inuit). Some have argued this definition should also include the Métis.11 However, the federal government has decided to exercise its jurisdiction in as narrow a fashion as possible. The federal government amended the Indian Act to state in its definition that Indian does not include Inuit. Under this authority, Parliament enacted a series of laws that became the Indian Act and exercised its jurisdiction over those defined as Indians.
The Indian Act has been, and still is, Canada’s major instrument exercising its jurisdiction over dealing with its Indigenous population—a population racially and legally different from other residents of the country. However, as you will see, Parliament has exercised its jurisdiction in a very legalistic and narrow manner. It has come to be seen as a source of ethnic salvation and cultural survival by some First Nations Peoples while recently the Act has become somewhat of an embarrassment to the federal government. The Indian Act is a product of a historical obligation to protect and, at the same time, “civilize” Indigenous people.12 It pre-dates Confederation, while its roots are in British imperialism and are consistent with its treatment of Indigenous people in its colonies.13 The Indian Act has its origin in the British North America Act, in which Indigenous people were categorized as persons deserving special attention under a federal mandate. Although one could interpret this mandate as discretionary, Canada interpreted it as impelling and exercised its mandate by narrowly defining who would or could be an Indian. The evolution of the Indian Act has witnessed increasing federal power within the realm of Indigenous and Northern Affairs.
Most First Nations people have mixed emotions about the Indian Act, although some have consistently criticized it for its constraints.14 They resent the authority it exerts over their daily lives yet see it as an important device for protecting their special Status Rights. These Status Rights, enshrined in the Act, are variously perceived. Formulations vary according to region, clan, and personal experience. The Indian Act contains statements of freedom to maintain land; fr...