Treaties, Treaties, and
More Treaties
Understanding Current FNMI Issues
Where we left off…
Contact with Europeans changed the lifestyles
of all First Nations and Inuit
Treaties were signed but many First Nations
groups had a worldview that no one “owns”
land
As you know this worldview was not true for
Europeans
Several treaties were signed by First Nations
groups surrendering large tracts of land to
the British after the Seven Years of War
Former French lands were taken over by the
British
What is a Treaty?
“A written agreement between two
states or sovereigns”
In our case the French and First nations
and later the British and First Nations
Sovereignty is the ability to exercise the
supreme and independent authority
over a region
Why were so many treaties
signed giving up so much
land?
People were broken after the decline of the
fur trade
Resources they relied on as a way of life were
gone or over exploited
Epidemics, and starvation left many groups
hopeless for their survival
With increased numbers of Europeans many
First Nations groups saw treaties as the only
way to safeguard their people and way of life.
(They could use money to buy supplies)
Royal Proclamation of 1763
The purpose of the proclamation was to
organize Great Britain's new North American
empire and to stabilize relations with FNMI
through regulation of trade, settlement, and
land purchases on the western frontier
It established the constitutional framework for
the negotiation of Indian treaties with the non
- Aboriginal inhabitants of large sections of
Canada.
It has been labelled an "Indian Magna Carta"
or an "Indian Bill of Rights."
Proclamation details
Treaties formed under the Proclamation
protocol recognize some of the following:
- ownership of certain lands
- wildlife harvesting rights
- participation in land, water, wildlife, and
environmental management in specific areas
- financial payments
- role in managing heritage resources and parks in the
area
- resource revenue sharing
- self-government
- measures to participate in the economy
Royal Proclamation Continued
The Royal Proclamation continued to govern
the cession of Aboriginal land in British North
America especially Upper Canada and
Ruperts Land. The proclamation forms the
basis of land claims of aboriginal peoples in
Canada- First Nation, Metis, and Inuit
The Proclamation and the British Government
also recognized that Natives had rights to the
land and that land could only transfer to the
Crown by proper negotiations led by the
Crown NOT individuals.
Wampum Belts
Recorded historic treaties, through oral
tradition
Made from beads and tell a story
The Indian Act of 1876
Provides Canada's federal government
exclusive authority to legislate in relation to
"Indians and Lands Reserved for Indians".
Administered by the Minister of Indian and
Northern Affairs Canada (INAC)
The Act defines who is an "Indian" and
contains certain legal rights for registered
Indians.
It also defines Indian reserves as a "tract of
land, the legal title to which is vested in Her
Majesty that has been set apart by Her
Majesty for the use and benefit of a band."
Timelines of Treaties
Early treaties signed by the French
transferred to the British crown after 1763
(Seven Years of War)
Many British treaties prior to this dealt with
Peace and Friendship
Ex. 1752 Peace and Friendship Treaty between his
Majesty the King and John Baptiste Cope of the
Mick Mack Tribe in the east coast of present day
Canada
Post 1763 all treaties focused on the transfer
of land to the British Crown, and eventually
the country of Canada
Treaty Locations as of 1871 (The First
Treaties after Confederation)
Treaty Locations as of 1923
Canada Today…
Treaty Rights
Many treaties have various rights that
are similar to the following:
The right to education
The right to health care
Hunting and fishing rights
The right to land
The right to tax exemption
Land Claims
As a result of poor documentation of
historic treaties, ignored rights of
various treaties, and unsettled lands,
many FNMI groups have presented a
series of Land Claims to the
government in an effort to reclaim
these rights
Types of Land Claims Comprehensive:
Comprehensive claims deal with the
unfinished business of treaty-making in
Canada. These claims arise in areas of
Canada where Aboriginal land rights have not
been dealt with by past treaties or through
other legal means.
Example: Nunavut - The largest
comprehensive land claim in Canadian
history
Types of Land Claims Specific
 Specific claims deal with past grievances of First
Nations related to Canada's obligations under historic
treaties or the way it managed First Nations' funds or
other assets. To honour its obligations, Canada
negotiates settlements with the First Nation and
(where applicable) provincial and/or territorial
governments.
 Example: Caledonia Ontario (Southwest of Hamilton)
Subdivision is built on Six Nations lands (Treaty dates
back to 1784)
Self Determination and Self
Government
Ultimately FNMI groups have the right
to govern themselves as sovereign
groups living within Canada on treaty
lands and reserves
They have and will continue to seek this
right as well as the rights laid out in
historic treaties across Canada.
Summary Questions
Write your own protocol (rules) for creating
treaties.
Treaties are an extremely important aspect of
FNMI people why?
What is the difference between specific and
comprehensive land claims?
If another country took over Canada and
offered a treaty for your surrender what
‘things/rights’ would you want to secure?