Treaties in Canada

Background

What do treaties represent?

Negotiated rights between then Crown (Federal Government) and First Nations peoples.

It is a “trust relationship” that exists between the Crown and First Nation peoples. Each group trusting the other will fulfill their

obligations as stated in the Treaty.

Types of Treaties

Peace and Friendship Treaties Historic Treaties International Treaties Modern Treaties

Peace and Friendship Treaties

Signed during the 17th and 18th century Guarantee of hunting and fishing rights in

return for peaceful relationships and military alliances

No land cession, but still valid Peace and Friendship Treaties

Source: All maps: http://atlas.nrcan.gc.ca/site/english/maps/historical#indiantreaties

Historic Treaties

Robinson Treaties (1850) Lake Huron and Lake Superior areas

Numbered Treaties (1871 – 1921) – 11 in total (Across the prairies and North)

Douglas Treaties (Vancouver Island)

International Treaties

Jay Treaty – 1794 treaty between Great Britain and U.S.A(Usually associated with duty exemption for First Nations crossing existing Canada/US border)

International Covenant on Civil, Cultural and Political Rights (UN agreement between nation states)

Modern Treaties

James Bay and Northern Quebec Agreement, 1976

Nunavut Agreement, 1993 Dogrib Claim, 2003

Characteristics of a Valid Treaty

Parties: Crown/Aboriginal Nation Agency: Whoever signs the treaty must have

authority to bind the parties. Intention: Parties must intend to create legally

binding obligations. Consideration: Obligations by both sides to fulfill. Formality: A measure of solemnity (seriousness)

to the signing and intent.

Treaty Interpretation in Litigation (Court)

If written terms unclear, minutes from treaty negotiations will be considered

Oral record of the treaty will be given equivalent weight for interpretation purposes

Treaties to be interpreted in such a manner that upholds the honor of the Crown

Principles of Interpretation A treaty represents an exchange of solemn

promises between the Crown and Indian nations and the nature of this agreement is sacred

Ambiguities and doubtful expressions in (historic) treaties must be resolved peacefully and in court of law.

Extinguishment of treaty rights to be proven by Crown and justified through the legal process- the judicial system.

Conclusion Treaties have been defined as formal

agreements between states that often consider land, property, and public welfare between those states, and the citizens of those states, for perpetuity.

A Treaty is a formal agreement between two parties. The Numbered Treaties, which cover all of Saskatchewan, are formal agreements that created a relationship between the Crown and First Nations. As a result, each party has certain expectations and obligations, both explicit and implicit

Conclusion Are treaties more than legal contracts?

British common law and traditional perceptions of order would demand that these rights and benefits be guaranteed by the British Crown through the Canadian government.

A source of tension between the First Nations and the Federal government stems from conflicting beliefs about the legal/moral obligations of these treaties.

Most Indian bands and organizations believe that both the spirit/intent and the literal interpretation of treaties are binding on the Bands and the Crown.

The End

Peace and Friendship Treaties

Numbered Treaties 1-5

Numbered Treaties 6-7

Numbered Treaties 8-11

James Bay and Northern Quebec

Nunavut Agreement

Douglas Treaties

Robinson Treaties