What are Treaties?
What are Treaties?
Treaties are formal and binding written agreements entered into by actors in international law, usually sovereign states and international organizations. Indigenous Peoples in what is currently Canada have been making treaties and agreements on this land since time immemorial. They have used oral traditions, wampum belts, birchbark scrolls and many other forms of communication in order to create, document and maintain agreements. Many Indigenous peoples historically understood treaties based on spirit and intent of what was discussed more than the actual words due in part to cultural differences and language barriers. For many Indigenous Peoples, treaties are sacred and binding agreements more so than legal prerogatives.
The Canadian government has been signing treaties with Indigenous Peoples since 1871 in order to own land on Turtle Island. These treaties and all those created between settler states and Indigenous Nations prior to confederation are protected under section 35 of the Constitution Act of 1982, making them protected at the highest level of Canadian law. Treaties are a key part of the United Nations Declaration on the Rights of Indigenous Peoples which the Canadian government has committed to adopting. Without treaties between Indigenous Peoples and the Canadian government, the latter would have no jurisdiction over most of the land in what is currently Canada. This is the case because the Royal Proclamation of 1763 decreed that all land in what is currently Canada belongs to Indigenous Peoples unless it was ceded or bought by the Government.
A Brief History of Treaties
Treaties in Canada have come in 5 main stages: pre-colonial agreements (prior to - 1613); early colonial diplomacy (1613 - 1763); colonial expansion (1764 - 1860); the numbered treaties (1871 - 1921); and modern agreements (1975 - present).
Pre-colonial Agreements
Prior to contact, Indigenous communities created treaties with each other, acknowledging the rights of future generations and the land in making these agreements. These agreements came in many forms including birchbark scrolls, wampum belts, and oral agreements. These agreements were used to manage resources, create peace, settle disputes and allow different nations to live upon these lands together.
Early Colonial Diplomacy
After first contact between colonizers and Indigenous communities in Canada, new treaties were made, but the historic treaties between Indigenous Nations continue to exist. In the early days of treaty construction between settlers and Indigenous Peoples the treaties were created for economic purposes in the fur trade or to create agreements of peace, friendship and alliance. These treaties were created as a form of diplomacy that adopted aspects from both European and Indigenous cultures. In addition, these treaties always recognized Indigenous Peoples as distinct nations and protected their autonomy.
Colonial Expansion
In 1763, the Royal Proclamation was created following the end of the Seven Years War making Britain the primary European power in what is currently Canada. The proclamation resulted in settlers being unable to acquire land from Indigenous Peoples, instead requiring them to go through the Crown which would buy land from Indigenous Peoples and sell it to settlers. During this time many land surrender treaties were negotiated as the British expanded their colony in North America. However, simultaneously, there was a significant shift in the relationship between colonizers and Indigenous Peoples as the British settlers began unjustly assimilating and "civilizing" Indigenous peoples.
The Numbered Treaties and Canadian Confederation
In 1867, Canadian Confederation occurred, fundamentally transforming the relationship between Indigenous Peoples and the government yet again. The British North America Act made the federal government responsible for Indigenous Peoples and affairs, no longer recognizing Indigenous Peoples as their own Nations. During this time the Canadian government was also continuing to create treaties with Indigenous Peoples to expand its control over land in what is currently Canada. In particular, over the span of 50 years, the Canadian government created 11 numbered treaties with Indigenous Peoples.
Modern Treaties
From the 1920s to the 1970s very little happened in Canada regarding treaties. However, in the 1970s, the Canadian government adopted a new system for treaties which persists to this day. This system divides new treaties and land claims into 2 categories: comprehensive land claims, and specific land claims. Comprehensive land claims like historical treaties are new agreements being developed with First Nations, Metis and Inuit (FNMI) Peoples who have not yet signed any other treaties in Canada. Specific land claims are made when the Canadian government has not fulfilled its obligations as a treaty signatory. These claims are now managed by the specific claims tribunal.
Our Roles in Treaties
Oftentimes treaties are seen as “special” Indigenous rights. However, all people living in Canada are treaty people with their own sets of rights and responsibilities. Canada only exists in its current form through the creation of treaties and as such by living and working on land covered by treaties we enter agreements with Indigenous communities.
Non-Indigenous Canadians living on lands covered by treaties have a responsibility to know the treaties they are part of and the rights and responsibilities they have through them. To learn more about what land you are living on and about the treaties in that area go to https://native-land.ca/. Additionally, access to transcripts of these treaties can be found through the Canadian government's website. It is essential that we all put in the work and time to further our understanding and support Indigenous communities.
In order to honour treaty responsibilities, the greatest thing we can do is hold the Canadian Government accountable. The Government of Canada has violated treaties countless times throughout history and even to this day. Even as recently as 2012, Indigenous Peoples have had their treaty rights violated as the government hasn't upheld its end of the agreement, this being asserted by the Supreme Court in cases like Ross River Dena Council v. Yukon, 2012 and Platinex v. KIFN, 2007. If anyone is going to uphold treaties, it is going to have to be the actual people who live on these lands.
We must have a spirit of solidarity and a willingness to take action to stop the government’s assault on agreements in order to uphold treaties, cultivate a new relationship between nations and work towards reconciliation.
Sources
https://www.rcaanc-cirnac.gc.ca/eng/1100100028574/1529354437231
https://www.thecanadianencyclopedia.ca/en/article/royal-proclamation-of-1763
https://www.mediacoop.ca/blog/dru/15600
https://www.oise.utoronto.ca/abed101/we-are-all-treaty-people/
https://briarpatchmagazine.com/articles/view/settler-treaty-rights/
An Instagram post by @ancestorsfuture called “Some Things To Know About Knowing Your Treaty Rights”
https://www.ontario.ca/page/map-ontario-treaties-and-reserves
https://www.rcaanc-cirnac.gc.ca/eng/1100100028574/1529354437231
https://www.rcaanc-cirnac.gc.ca/eng/1314977704533/1544620451420
https://www.thecanadianencyclopedia.ca/en/timeline/first-nations
http://education.historicacanada.ca/files/31/Treaties_English.pdf
Shreya Shah's History Project on Treaties & Land Claims In Canada
