Who are Aboriginal peoples in Canada?

Aboriginal peoples are the descendants of the original inhabitants of North America. The Canadian Constitution recognizes 3 groups of Aboriginal people - Indians, Metis and Inuit. These are 3 separate peoples with unique heritages, languages, cultural practices and spiritual beliefs.

Do I have the same rights as everyone else?

Yes, if you are an Aboriginal person you have the same right as everyone else to live and work wherever you want. If you reside off a reserve, you may also choose what public school you would like to attend.

Do I have any Aboriginal rights?

Aboriginal people have a number of rights, in addition to other civil rights, based upon their initial occupation of the land by their ancestors. These rights vary based on Aboriginal identity and geographic location.

For example, most First Nations people residing in the prairie provinces are the descendants of First Nation people who entered into treaties. These treaties provide that First Nations people may hunt and fish on unoccupied Crown lands to harvest food for themselves and their families.

Some of these Aboriginal rights still require further clarification from the courts.

For more information about Aboriginal rights you can contact the Treaty and Aboriginal Rights Research Centre of Manitoba. This centre provides historical research services to the 56 First Nations Bands in Manitoba.

Can I go to any school I want?

Yes, Aboriginal children residing off-reserve have the same right to choose whichever school their parents wish, whether it is in their school division or not.

Some schools teach Aboriginal languages and have a strong Aboriginal culture base in their classrooms. One such school is the Children of the Earth High School in Winnipeg.

There is also an Aboriginal-controlled university college in Saskatchewan whose faculty is led by Aboriginal professors. Programs of study include Aboriginal art, languages, teacher education, social work, management, communications, business, science and engineering. Elders conduct pipe ceremonies every morning and meet the students individually to help them learn about their heritage.

Aboriginal Youth

Are there any special programs designed for Aboriginal youth?

Yes, the Andrews Street Family Centre is designed for people aged 6 to 17. It offers Aboriginal arts and crafts, swimming, floor hockey, dances, pool tournaments, movie nights and other activities for youth.

Rossbrook House is a drop-in centre designed to keep young people off the streets. It offers recreational facilities and 3 outreach programs. It is staffed largely by members of the local Aboriginal community.

Ndinawemaaganag Endaawaad offers a safe home for Aboriginal youth who are or who have been living on the street.

Nine Circles Community Health Centre provides culture-based HIV/AIDS programs.

The Aboriginal Health and Wellness Centre is a community-based health and wellness resource centre committed to serving the Aboriginal community of Winnipeg.

The Winnipeg Boys and Girls Clubs have an Aboriginal culture rogram that provides both Aboriginal and non-Aboriginal youth with the opportunity to experience, participate in and gain a better understanding of Aboriginal Culture through a progressive exposure to traditions, teachings and values.

Also check out these online resources:

- The Aboriginal Youth Network online (www.ayn.ca or call 1-800-459-1884) is a place to connect with other Aboriginal youth across Canada and get info on health, employment, education and the latest news across the country.

- Aboriginal Cultures and Traditions - Story Telling (cado.ayn.ca) is a site that hosts a collection of First Nations, Metis and Inuit stories.

- Manitoba Association of Friendship Centres (www.mac.mb.ca/links) provides links to all the Friendship Centres in Manitoba as well as other programs and activities.

Aboriginal Justice

Are there any justice services for Aboriginal peoples?

Yes, Onashowewin offers a Restorative Justice Program for Aboriginal people of Winnipeg. They offer programs for extrajudicial measures or sanctions, which give you options outside of the court system. You must still go through the regular court process to have your innocence or guilt decided.

Not all crimes can be transferred to Onashowewin. Generally, you must be referred by the Crown Attorney.

For more information on similar programs in Manitoba offering extrajudicial measures or sanctions, contact the Community Justice Coordinator.

The Aboriginal Law Centre, a branch office of Legal Aid, works with Onashowewin in making referrals, providing advocacy and other justice activities.

The Aboriginal Court Worker Program is a service offered to Aboriginal people who are charged criminally. A court worker acts as a go-between with the police, assists you in finding legal counsel, helps obtain legal aid, advises you of alternative courses of action open to you, and maintains contacts with reserves and with Indian and Metis organizations.

For more information, see Chapter 13: You and Crime

What can the Onashowewin Services do for me?

If you are an Aboriginal person who has been charged with an offence, you may ask the Crown Attorney at your first court appearance if he or she will agree to have your case resolved through the Onashowewin Services. The approach of Onashowewin is to try and address underlying issues that have led to criminal behaviors and to make offenders accountable for their actions. The offenders may participate in an in-house program, or may be referred to other community programs, services or assessments. The objective of Onashowewin is to help restore, heal and transform relationships and the community.

Onashowewin offers victim-offender mediation, peacemaking circle, community justice forums, conciliation and programs for offenders. Some examples of what Onashowewin has had youth do in the past include writing a letter of apology to the victim, participating in sweat lodges and participating in healing/sentencing circles.

Onashowewin also has a list of community Elders that clients may request to be referred to.

What kind of extrajudicial measures could I get?

This healing method of determining consequences for your astions could include:

- repayment for damages;

- community services and cultural teaching;

- alcohol and drug treatment;

- counselling programs;

- wilderness camps; or

- other programs to help the offender repay the victim and the community.

Status Indians

Who is a Status Indian?

A Status Indian (sometimes called a Treaty Indian) is an Indian who is registered under the Indian Act, or is entitled to be registered.

If your parent or ancestor lost their status, or if you believe you may be entitled to status, you can receive information and an application form for registration from the Indian and Northern Affairs office in your region.

What rights do Status Indians have?

Status Indians have the right to live on their home reserve, subject to the band's membership code and the availability of housing on the specific reserve. You may also apply to transfer your band membership to a different band.

Status Indians living on reserve lands do not pay municipal property taxes. Bands, however, may assess lot rentals or other taxes for benefit of their communities.

Do I have to live on a reserve if I am a Status Indian?

No. If you are registered as a Status Indian, you may apply to live on your reserve or to transfer your membership to a different band, but you may always live anywhere else you wish.

What laws apply on reserves?

Status Indians on reserves are bound by the same general laws as other citizens.

In addition, each reserve may make their own by-laws, within certain categories, which govern only the residents of the reserve.

Some of these by-laws may include regulation of health, traffic, housing and use of alcohol.

Do I have to go to school if I live on a reserve?

Yes. If you are a Status Indian child between the ages of 7 and 16, you must attend school.

Additional Resources:

If you live in Winnipeg, contact the Aboriginal Council of Winnipeg at: www.abcouncilofwinnipeg.net. This council is a union between The Urban Indian Association and the Winnipeg Council of Treaty and Status Indians. Its goal is to act as a representative for Aboriginal community in Winnipeg.

The Manitoba Association of Friendship Centres can provide information on friendship centres across Manitoba. Friendship centres provide a focus for activities and services of interest or aid to Aboriginal people.