Reference Re Eskimos - 1939
Prior to 1939, the Canadian government had not recognized the Inuit peoples as a federal responsibility. Before this time, they were widely unrecognized as a nation within the country. When the British North America Act (B.N.A. Act), 1867 (now known as the Constitution Act, 1867), was first released, there were few Inuit peoples surveyed, which led the government to consider them as a small minority. During the 1930's, however, disputes in Quebec forced the government to decide whether Inuit peoples were a provincial or federal jurisdiction, and also had to discuss if they were to be listed under Indian Act, which they had not been subjected to in the past. The Indian Act included many articles surrounding Aboriginal affairs, including the implementation of the infamous residential schools, which were a method of cultural assimilation, now recognized as highly unethical.
,Displayed above is the introduction page of the 1939 Supreme Court of Canada decision, Re Eskimos. The full title of the case is Reference whether "Indians" includes "Eskimo." As can be noted, the document discusses how at the time of the B.N.A. Act, 1867, there were, "no Eskimos within the original confederating provinces," this being a result of Inuit peoples residing on (what was then considered by the British and Canadian governments) Hudson's Bay Company lands (also known as Rupert's Land), which the Canadian government only took control over at a later point. However, as stated in the document, the absence of that territory's inclusion as Canadian land, during the time of the B.N.A. Act, could not be used as an argument. This case was one of importance to the federal government, as, at the time, it did not want to take responsibility over Inuit peoples. As a result, the government used an older document, the Royal Proclamation of 1973, to support their argument. The proclamation involved territorial divisions, including recognition of certain lands of Indigenous Peoples. In addition, it contained a definition of the term "Indians" (in reference to First Nations Peoples), which the federal government argued, did not pertain to Inuit peoples. The specific statement which was brought up defined the term "Indians" as, "the several nations or tribes of Indian with whom We are connected and who lived under Our protection."
The Re Eskimos case was decided by six Justices, along with the Chief Justice of Canada at the time, Sir Lyman P. Duff. The result was a consensus, and it was agreed that the term "Indians" does apply to Inuit peoples. The support for their decision involved several documents predating confederation, as well as several recorded statements of the Hudson's Bay Company. In addition, the Chief Justice made several additional arguments, stating how the Royal Proclamation of 1763 was not a reliable means for interpretation of the B.N.A. Act, 1867, as well as how the Inuit peoples were technically within the jurisdiction of the Crown during the time of confederation because they were under a charter which was, in a certain legal sense, subjected to it.
The holding of the court was, "For the purposes of section 91(24) of the British North America Act, 1867, the Inuit are Indians." This meant that, constitutionally, Inuit peoples were classified as "Indians" in Canada. However, the decision did not result in significant changes to the lifestyles of Inuit peoples, or even in terms administration regarding Inuit affairs, as the same committees continued to have responsibility.
On the other hand, the decision did serve as a symbol for the federal government's obligation to Inuit peoples. Although, in 1951, the Indian Act was amended to not include Inuit peoples in its definition of "Indians," and would exclude them from holding the status. However, this division of the Aboriginal identifications ended up contributing to Inuit peoples being granted the right to vote decade a before First Nations peoples. To this day, there continues to be no equivalent legislation of the Indian Act for Inuit peoples. However, the Re Eskimos decision has allowed for Inuit peoples to be entitled to certain services administered by the federal government. This includes programs such as healthcare.
The Re Eskimos case was decided by six Justices, along with the Chief Justice of Canada at the time, Sir Lyman P. Duff. The result was a consensus, and it was agreed that the term "Indians" does apply to Inuit peoples. The support for their decision involved several documents predating confederation, as well as several recorded statements of the Hudson's Bay Company. In addition, the Chief Justice made several additional arguments, stating how the Royal Proclamation of 1763 was not a reliable means for interpretation of the B.N.A. Act, 1867, as well as how the Inuit peoples were technically within the jurisdiction of the Crown during the time of confederation because they were under a charter which was, in a certain legal sense, subjected to it.
The holding of the court was, "For the purposes of section 91(24) of the British North America Act, 1867, the Inuit are Indians." This meant that, constitutionally, Inuit peoples were classified as "Indians" in Canada. However, the decision did not result in significant changes to the lifestyles of Inuit peoples, or even in terms administration regarding Inuit affairs, as the same committees continued to have responsibility.
On the other hand, the decision did serve as a symbol for the federal government's obligation to Inuit peoples. Although, in 1951, the Indian Act was amended to not include Inuit peoples in its definition of "Indians," and would exclude them from holding the status. However, this division of the Aboriginal identifications ended up contributing to Inuit peoples being granted the right to vote decade a before First Nations peoples. To this day, there continues to be no equivalent legislation of the Indian Act for Inuit peoples. However, the Re Eskimos decision has allowed for Inuit peoples to be entitled to certain services administered by the federal government. This includes programs such as healthcare.
Just to note:
At the time of this discussion, Inuit peoples were commonly referred to as "Eskimos." The etymology of this term is associated with the Cree expression for "eaters of raw flesh." However, the exact connection to the language is uncertain. Regardless, in present day Canada, the word is considered a derogatory expression.
At the time of this discussion, Inuit peoples were commonly referred to as "Eskimos." The etymology of this term is associated with the Cree expression for "eaters of raw flesh." However, the exact connection to the language is uncertain. Regardless, in present day Canada, the word is considered a derogatory expression.