Activism in the 1970s

Introduction 

In light of the Citizen's Plus or Red Paper as a counterargument to the White Paper proposal of 1969, the 1970s saw the rise of more collective political and legal Indigenous activism across Canada. The collective notion of these activist movements was undertaken to protect the rights of Aboriginal peoples across Canada and was driven by reasserting the voice of Aboriginal people in Canadian society through political advocacy and leadership as well as legal recognition of land and treaty rights. 

Political Organization

Political organization in the 1970s allowed for the rise of Aboriginal activism on a national scale, uniting Indigenous communities across Canada. Political organization occurred through different groups centered around strong Indian leadership in the 1970s, which would lay the groundwork for activism in the 1980s. Moreover, the establishment of Aboriginal political organizations was crucial for the spread of mass demonstrations that gained support on a national scale. Political organizations that emerged in the 1970s exemplified Indigenous resistance that sought to vocalize the concerns of Indigenous communities through their leadership and consultation. 

National Indian Brotherhood 

The National Indian Brotherhood (NIB) was a national Aboriginal political organization that included leadership from the provinces and territories. Established in 1968, the NIB launched its first major national campaign against the White Paper in 1969 [1]. In 1970, the NIB gave support for the Red Paper drafted by Harold Cardinal and the IAA. George Manuel, who had a strong relationship with Cardinal, became the president of the National Indian Brotherhood in 1970 and served as its president until 1976 [2]. Under Manuel's leadership, the NIB worked to advance Indigenous rights initiatives on a national scale and unify community and band leaders in a collective and collaborative environment.

The First All Chiefs Conference 

The first "All Chiefs Conference" was held in 1978 organized by National Indian Brotherhood leader Noel Starblanket. This conference was part of the efforts to restore chiefs as the vehicle to represent Indigenous voices in Canada [3]. The conference brought together various Indian chiefs to discuss issues of Indian "self-government" and recognized that chiefs were central to advocating the concerns of Indigenous people across Canada and crucial in providing leadership for their people. Moreover, the movement for the creation of the Assembly of First Nations also started at the first national All Chiefs Conference, which would come into establishment in 1982 after a meeting in Penticton, BC [4]. The call for chiefs to be the voice of Indigenous people in Canada demonstrated furthermore the importance of Indian leadership in political organization. 

Legal Activism 

Indigenous activism in Canada in the 1970s not only took the form of political organization but was also demonstrated through the legal system. Legal activism was a way of asserting and affirming Aboriginal rights in the eyes of the Canadian legal system. The Supreme Court decision in the Calder v. Attorney-General of British Columbia (1973) case was seen as a landmark case that affirmed the existence of Aboriginal land title for the first time in the legal system [5]. 

Calder Case: 1973 

The Calder Case was decided by the Supreme Court of Canada in 1973 that affirmed the existence of Aboriginal title to land [6]. Frank Calder along with other Nisga'a elders launched a lawsuit against the British Columbia provincial government in 1967 [7]. The case was brought to trial two years later arguing for the recognition that their title to lands around the Nass River Valley had never been lawfully extinguished. The British Columbia Supreme Court and the Court of Appeal denied the claim for title, thus Calder appealed his case to the Supreme Court of Canada. 

The success of the Calder case in the Supreme Court was limited. Although six of the seven judges ruled that Aboriginal title did in fact exist in Canadian law, the justices were split over the validity of the Nisga'a claim to title [7]. Three of the judges acknowledge that the rights to land title were not extinguished by any treaties, while the three of the other judges disagreed, arguing that Aboriginal title rights had been extinguished by laws made prior to British Columbia joining confederation. The seventh judge ruled against the Nisga's claim on a technicality, therefore denying the Calder claim to pursue a lawsuit against the British Columbia government [8]. 

Although the Calder case was denied its claim to a lawsuit in BC, the Supreme Court ruling was significant in its acknowledgment of the existence of Aboriginal title in Canadian law. The ruling affirmed the legal right of Aboriginal title to traditional territories and pushed the federal government to release a comprehensive land claims policy. The Calder case was influential in its legal arguments and reflected the notion of Indigenous resistance against colonial institutions. The Calder case represented resilience in pursuing legal action through the courts, but also affirmed a further sense of Indigenous resistance against the White Paper proposals that were debated while the case was on going. 

Sources: 

[1] Anthony Hall, Tabitha Marshall, and, Michael Posluns, "The Assembly of First Nations," Canadian Encyclopedia, February 7, 2006.

[2] Arthur Manuel and Ronald M. Derrickson, Unsettling Canada : A National Wake-up Call (Toronto: Between the Lines, 2015): 57.

[3] "History of Assembly of First Nations," Indigenous Corporate Training Inc, November 25, 2014. 

[4] Jorge Barrera, "Assembly of First Nations is out of touch and needs an overhaul, says ex-national chief," CBC News, July 23, 2018.

[5] Calder v. Attorney-General of British Columbia (1973) 

[6] Peter Kulchyski, "The violence of the letter: land claims and continuing colonial conquest in Canada," Canadian Dimension, vol. 41, no. 1 (Jan.-Feb. 2007): 20-24.

[7] Edward Allen, "Reflections on the 40th Anniversary of the Calder Decision," Northern Public Affairs (September 2013): 16.

[8] Ibid, 16. 
 

Activism in the 1970s