Numbered Treaties

Last updated

Numbered Treaties
Numbered-Treaties-Map.svg
Map of Numbered Treaties of Canada. Borders are approximated.
ContextTreaties to transfer large tracts of land from the First Nations to the Crown in return for different promises laid out in the treaty
Signed1871–1921
SignatoriesKey representatives of the Canadian Crown : Adams George Archibald, Alexander Morris, David Laird, Duncan Campbell Scott, Wemyss Mackenzie Simpson, S.J. Dawson, William J. Christie, James McKay, James Macleod, James Hamilton Ross, J.A.J. McKenna, Samuel Stewart, Daniel G. MacMartin, Henry Anthony Conroy, Key representatives of First Nations groups: Crowfoot (Blackfoot Confederacy), Big Bear (Cree Nation), Chief Powassin (Ojibwe Nation), Chief Keenooshayoo (Athabasca First Nations)
Languages English

The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. [1] These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty.

Contents

These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the development of the Canadian Pacific Railway. In the second wave, resource extraction was the main motive for government officials.

Today, these agreements are upheld by the Government of Canada, administered by Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations. They are often criticized and are a leading issue within the fight for First Nation rights. The Constitution Act, 1982 gave protection of First Nations and treaty rights under Section 35. It states: "Aboriginal and treaty rights are hereby recognized and affirmed." [2] This phrase was never fully defined. As a result, First Nations must attest their rights in court as the case in R v Sparrow .

Background

The relationship between The Canadian Crown and Indigenous peoples stretches back to the first contact between European colonialists and North American Indigenous peoples. Over centuries of interaction, treaties were established concerning the interaction between the monarch and Indigenous peoples. Both the Royal Proclamation of 1763 and the British North America Act, 1867 (now the Constitution Act, 1867 ) established guidelines that would be later used to create the numbered treaties.

The Royal Proclamation occurred in 1763, and is considered to be the foundation of treaty-making in Canada. This proclamation established a line between the Appalachian Mountains from Nova Scotia to the southern region of the Province of Georgia, and prevented settlement beyond that specific area by settlers. [3] The proclamation also established protocols that needed to be acknowledged by the governing authority in regards to purchasing land from First Nations Peoples in North America and later Canada. [4] The Royal Proclamation was created as a result of the assertion of British jurisdiction over First Nation territory. While the British laid claim over First Nation territory, uprisings from Pontiac, the Three Fires Confederacy, and other First Nations Peoples resulted in a period of violence between the two peoples as the British attempted to maintain their claim and the Indigenous peoples fought to dislodge British troops from their land. As a result of these uprisings, the intention of the Royal Proclamation was to prevent future disputes. [5] The Royal Proclamation stated that the only authoritative government that was able to purchase land from First Nations People was the British Crown. One of the stipulations of this agreement was that First Nations People were to be informed and attend the public assembly regarding the purchase of lands. [6]

When the British North America Act 1867 was enacted, a division of power was established between the Dominion government and its provinces that separated First Nation Peoples and settlers. The federal government retained responsibility for providing health care, education, property rights and creating other laws that would affect the First Nations people. [7] [8] The government of Canada replaced the British Crown as the leading authority, and gained control of 19th-century First Nations land transfers. [9]

Both the Royal Proclamation and the British North America Act impacted the procedures of governmental and First Nations negotiations. They set the stage for future negotiations that would occur, including the numbered treaties that would begin in 1871 with Treaty 1 .

Negotiation

Negotiation of the Numbered Treaties began in 1871. The first seven affected those living on the prairies, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations signing that particular treaty. [10] For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed. [11]

Government

After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was a fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction. [12] To the west of Ontario was Rupert's Land, fur trading territory operated by the Hudson's Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony. [13] During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that "it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada ... were extended westward to the shore of the Pacific Ocean". [14] In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert's Land Act of 1868 and the North-Western Territory Transfer Act of 1870. [15] Even though the government acquired the land from the Hudson's Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area.

One of the conditions to ensure British Columbia would join Confederation at the time was the construction of the Canadian Pacific Railway to connect it to the rest of the nation. [16] This major infrastructure project would have to go through the interior of the newly acquired land and through First Nation territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia's request and the growing need for land by eastern settlers and new immigrants, treaties had to be created with the First Nation people in the interior.

Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s, Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations of the northern reaches and miners and traders. [17] Despite the fact that First Nations people of the Mackenzie River Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented. [18] The Government of Canada lobbied for treaties in the north only when potential development could be supported in the region. For political and economic reasoning, the Government of Canada hastily put treaties into place without regards to First Nation well-being. [19]

First Nations

With Treaties 1–7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance. [20] The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict. [21] First Nations people were being decimated by disease, specifically smallpox, and tuberculosis which had catastrophic ramifications for several groups. Tsuu T'ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s. [22] They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemmican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood. They were eager to receive food aid and other assistance from the government, which they believed would be offered following the implementation of treaties. [23] Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nations because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but also ensure their children's future success in a new developed West. [24] [25] In the northern regions of this land that was not covered by any treaty, the First Nations were suffering from similar issues, but had to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur. [26]

Language

Unlike previous treaties, which included both First Nations and European tradition, the numbered treaties were conducted in a purely British diplomatic manner. First Nations were given translators, either of European or Métis descent, who were to translate what was being said during the discussions. What can be seen here is a significant difference between the written documents used by government officials of the time, and the oral traditions used by the First Nations communities throughout the negotiation process. This reality is proven through diaries like those of the Indian commissioner, Duncan Campbell Scott, who wrote a detailed account of negotiating Treaty 9 through Treaty 11 . [27] There are also claims from First Nations people that Alexander Morris failed to mention the surrender clause in the treaty text at the negotiations for Treaty 6 , leading to miscommunication between the two groups. [28] Evidence can also be found amongst the few written documents of the time by First Nations chiefs; during Treaty 3 negotiations, Chief Powasson took detailed notes during the negotiations, which shows the differences in understanding of what was being offered during the talks because of the language barrier. [29]

The use of specific wording during the negotiations and within the treaties are also points of contention. The language used by the commissioners during the numbered treaties negotiations addressed First Nations tradition by giving them entitlement of children and the Crown was identified as Queen Mother. [30] When the commissioner recognized First Nations peoples as children and the Crown as Queen Mother it ensured the First Nations people were to always to be protected from danger by their parents and enjoy their freedom. [30] As the numbered treaties negotiations came to an end, the language use was significant to First Nations people. To seal the numbered treaties references to the natural world like, "You will always be cared for, all the time, as long as the sun walks" [31] was used to appeal to the First Nations people.

These treaty presentation copies are held in the Bruce Peel Special Collections at University of Alberta Library. Each is printed on parchment with text in black and red and a blue and red border.

List

In the table below is information about each numbered treaty including its signing date, its location, the major signers, those affected, and a brief summary of what each group received following the agreement. [32] [33]

Treaty numberFirst signed onLocationMajor treaty signersThose affectedBrief summary
Treaty 1 3 August 1871 Lower Fort Garry, Fort Alexander Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner) Chippewa Tribe, Swampy Cree Tribe, and all Indians inhabiting the district hereafter.First Nations receive: Limited reserve land and monetary compensation, farming tools, education.

Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reserves

Treaty 2 21 August 1871 Manitoba Post Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner) Chippewa Tribe of Indians, and all Indians inhabiting the district hereafter.First Nations receive: Limited reserve land and monetary compensation; farming tools; education.

Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reserves

Treaty 3 3 October 1873Northwest Angle of the Lake of the Woods Alexander Morris (Lieutenant Governor), S.J. Dawson (Indian Commissioner)The Saulteaux Tribe of the Ojibwe Indians and all Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves

Treaty 4 15 September 1874 Fort Qu'Appelle, Fort Ellice, Swan Lake, Fort Pelly, Fort Walsh Alexander Morris (Lieutenant Governor), William J. Christie (Indian Commissioner)The Cree and Saulteaux Tribes of Indians, and all Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $750/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves.

Treaty 5 20 September 1875 (adhesions in February 1889) Beren's River, Norway House, Grand Rapids Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner)The Saulteaux and Swampy Cree Tribes of Indians, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $300/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; and full control of schooling on reserves.

Treaty 6 28 August 1876 (adhesion 9 September 1876, and February 1889) Fort Carlton, Fort Pitt Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner), William J. Christie (Indian Commissioner)The Plain and Wood Cree Tribes of Indians, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $1500/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada; medicine chest clause is implemented; additional assistance is available for pestilence or famine relief

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of healthcare on reserves through the medicine chest initiative.

Treaty 7 22 September 1877"Blackfoot Crossing" of the Bow River, Fort Macleod David Laird (Government Official), James Macleod (Indian Commissioner),The Blackfoot, Blood, Piegan, Sarcee, Stony, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition totalling $2000/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; have right to build and maintain infrastructure on reserves; salary is allocated to hire a school teacher for reserve school.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves.

Treaty 8 8 July 1899 (adhesions until 1901) Lesser Slave Lake, Peace River Landing, Fort Vermilion, Fond-du-Lac, Dunvegan, Fort Chipewyan, Smiths Landing, Fort McMurray, Wapiscow Lake David Laird (Treaty Commissioner), J.H. Ross (Treaty Commissioner), J.A.J. McKenna (Treaty Commissioner)The Cree, Beaver, Chipewyan, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; money is set aside to hire school teachers as needed.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with their consent.

Treaty 9 6 November 1905 Osnaburg, Fort Hope, Marten Falls, Fort Albany, Moose Factory, New Post, Abitibi, Matachewan, Mattagami, Flying Post, New Brunswick House, Long Lake Duncan Campbell Scott (Treaty Commissioner), Samuel Stewart (Treaty Commissioner), Daniel G. MacMartin The Ojibway, Cree, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; funds to hire teachers, construct schools, and purchase supplies are available, but with Canada's authorization.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; full control funds for education.

Treaty 10 7 November 1906 Île-à-la-Crosse, Lac du Brochet J.A.J. McKenna (Treaty Commissioner)The Chipewyan, Cree, and all other Indians inhabiting the district hereafter.First Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; unspecified amount of ammunition and twine distributed as government sees fit; provision for childhood education; furnishings for agricultural assistance

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.

Treaty 11 27 June 1921 until 22 August 1921 Northwest Territories; Fort Providence, Fort Simpson, Fort Wrigley, Fort Norman, Good Hope, Arctic Red River, Fort McPherson, Fort Liard, Fort Rae Duncan Campbell Scott (Governor General/Major Signer), Henry Anthony Conroy (Indian Commissioner)The Slavey, Dogrib, Loucheux, Hare, and other Indians, inhabitants of the territory within the limits hereinafterFirst Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; provision for childhood education; furnishings for agricultural assistance; have right to build and maintain infrastructure on reserves; provision for childhood education; each family receives $50 annually for fishing twine and trapping; distribution of agricultural assistance possible.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with permission; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.

Perspectives

Government

The Crown's intentions were based upon expansion and transition. The treaties allowed the fur trading territory to house a new settler society. As stated in the written terms of the numbered treaties, the Crown desired "peace and goodwill" between First Nations and Her Majesty. [34] In the view of the Crown, treaties were the agreement to trade First Nations territory for "bounty and benevolence". This language makes the First Nations wards of the state and under the government's protection. [34] With these agreements, not only could the Dominion of Canada expand west and northward, but also First Nations could make the transition into a new economy. [35] No longer would First Nations be dependent on a nomadic lifestyle, but rather begin to adapt and integrate into a western settlement society through farming and other entrepreneurial means. To treaty makers, the treaties were essentially a beneficial commercial exchange of both land and identity.

First Nations

Originally, First Nations people felt the treaties had the potential to satisfy the needs of their communities and foster mutual respect and understanding between themselves, the Crown, and all people of Canada. [36] :5 Throughout the signing of the treaties, First Nations believed that their agreement was everlasting, and had many reasons for believing so. For example, during the signing of Treaty 6 , a pipe ceremony was conducted before the signing stipulating that nothing but the truth was to be spoken during negotiations. [37]

Effects and violations

Many First Nations groups felt the numbered treaties signed by the Dominion Government and their First Nations chiefs between 1877 and 1921 were rushed and disorganized, limiting to the Indigenous way of life and ultimately had poor results due to unfulfilled promises. [38] Because of the treaties, Canada was seen as an oppressive colonizer at this time, most prominently because the government was more concerned with changing the various First Nations groups, rather than negotiating and collaborating with them. [39] Some of the most prominent effects of the numbered treaties for First Nations groups included limited funds for education, supplies (such as fishing net twine) and minimal allocation of land as First Nations reserves. Upon signing the treaties, Canada obtained control of most aspects of society, especially in schooling, resource extraction, land use and implementation of laws for various social issues (such as alcohol policies).

The Dominion Government also violated many of the treaty terms; in restructuring and mandating education through the creation of residential schools, the government breached the treaty agreements around the question of education. [40] Many First Nations were allocated less reserve lands than they were supposed to according to the Treaty, which resulted in many indigenous land claims based on treaty rights entitlements. [41] Also, First Nations felt the agreements from the numbered treaties were dishonoured when their traditional forms of governance were removed and they became "wards of the state", and when Indian agents began to control the sale of their seeds and livestock. [28] Further restrictions and policies were put in place that controlled First Nations' way of life beyond the original stipulations that were outlined in the numbered treaties.

The American Indian Movement of the 1960s interpreted the treaties as being invalid because they were:

As a result of the agency asserted during treaty negotiations and the active pursuit of treaty revisions by Indigenous leaders like Plains Cree chiefs Pitikwahanapiwiyin (also known as Pound Maker) and Mistahimaskwa (Big Bear), Crown officials acting to establish and maintain the Numbered Treaties had to resort to exploiting environmental conditions such as epidemics and hunger crises as well as utilizing underhanded tactics of arrest and incarceration of leaders in order to gain control over and coerce First Nations who continuously protested the broken promises, attacks on Indigenous autonomy, and theft of land surrounding the Crown's manipulations of agreed upon Treaty terms and language.

Legacy

In 1981, all provinces other than Quebec agreed to a constitutional amendment, which included a reiteration of the rights of the indigenous peoples of Canada as established by former treaties (Chapter 35). Subsequent attempts (Meech Lake Accord, Charlottetown Accord) to try to appease the government of Quebec with certain constitutional provisions, such as the recognition of Quebec as a "distinct society" failed in part due to First Nations opposition. Many aboriginal leaders saw this renegotiation as an opportune time to enshrine the increased rights and powers and recognition that they had been campaigning for since the process of patriating the Canadian constitution began in the 1970s. With Newfoundland and Manitoba as the only provinces yet to sign the Meech Lake Accord, First Nations groups in Manitoba mobilized and managed, with the legislative maneuvering of the then Chief of the Red Sucker Lake First Nation and member of the Manitoba Legislative Assembly Elijah Harper, to delay the ratification of the accord until the legislative session ended for the summer, essentially "killing" the bill to ratify the accord, and with that, the Meech Lake Accord itself. Later, controversy occurred during the 1995 Quebec independence referendum, with differing points of view regarding the rights of provincial and indigenous nations to end or maintain their union with Canada, though it had never been in dispute that First Nations would have to voluntarily agree with their formal treaty partner, the Canadian Crown, to modify the treaties. [44] [45]

In 2010, Canada signed the United Nations Declaration on the Rights of Indigenous Peoples. In 2011 and again in 2012 the United Nations criticized the federal government over Attawapiskat. [46] In 2012 in Daniels v. Canada the Federal Court of Canada ruled that 200,000 off-reserve First Nations people and 400,000 Métis were also "Indians" under s. 91(24) of the Constitution Act, 1867 . [47] These had no formal representation at the Assembly of First Nations, which had hitherto been assumed by the federal government to speak authoritatively on all matters involving "Indians".

In 2012 the Idle No More movement and subsequent hunger strike by Attawapiskat First Nation Chief Theresa Spence brought the assertion that the treaties provide for direct Crown recourse back to public attention. Chief Spence demanded direct Crown attention to the Cabinet's attempt to remove federal government oversight of lands and waters and environmental issues that duplicated provincial oversight of the same. After an agreement by opposition parties was struck to end Chief Spence's hunger strike, the legal analysis that supported the principle of direct Crown recourse was adamantly supported by interim Liberal Party of Canada leader Bob Rae [48] and others. Idle No More itself presented its legal analysis via Pamela Palmater. [49] Her analysis resembled that of Matthew Coon Come, who summarized the Grand Council of the Crees position in a scholarly analysis of the Quebec sovereignty movement and its authority to withdraw from Confederation taking First Nations territory with it. Both his analysis and Palmater's emphasize the need for voluntary renegotiation of treaties between equal partners, and the impossibility of cutting off any avenue of appeal to the Crown.

In 2024, APTN premiered Treaty Road , a documentary series about the treaties and their impact on Canada's indigenous peoples. [50]

See also

Related Research Articles

<span class="mw-page-title-main">Royal Proclamation of 1763</span> British declaration outlining government for North American colonies

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is more or less similar to the Eastern Continental Divide, extending from Georgia in the south to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further through New England.

The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.

First Nations is a term used to identify Indigenous peoples in Canada who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia.

The Charlottetown Accord was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 and was defeated.

The minister of Crown–Indigenous relations is a minister of the Crown in the Canadian Cabinet, one of two ministers who administer Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), the department of the Government of Canada which is responsible for administering the Indian Act and other legislation dealing with "Indians and lands reserved for the Indians" under subsection 91(24) of the Constitution Act, 1867. The minister is also more broadly responsible for overall relations between the federal government and First Nations, Métis, and Inuit.

In Canada, an Indian reserve is defined by the Indian Act as a "tract of land, the legal title to which is vested in His Majesty, that has been set apart by His Majesty for the use and benefit of a band." Reserves are areas set aside for First Nations, one of the major groupings of Indigenous peoples in Canada, after a contract with the Canadian state, and are not to be confused with indigenous peoples' claims to ancestral lands under Aboriginal title.

<span class="mw-page-title-main">Crown–Indigenous Relations and Northern Affairs Canada</span> Government department

CrownIndigenous Relations and Northern Affairs Canada is the department of the Government of Canada responsible for Canada's northern lands and territories, and one of two departments with responsibility for policies relating to Indigenous peoples in Canada.

<span class="mw-page-title-main">Treaty 7</span> Treaty between First Nations and Canadian Crown

Treaty 7 is an agreement between the Crown and several, mainly Blackfoot, First Nation band governments in what is today the southern portion of Alberta. The idea of developing treaties for Blackfoot lands was brought to Blackfoot chief Crowfoot by John McDougall in 1875. It was concluded on September 22, 1877, and December 4, 1877. The agreement was signed at the Blackfoot Crossing of the Bow River, at the present-day Siksika Nation reserve, approximately 75 km (47 mi) east of Calgary, Alberta. Chief Crowfoot was one of the signatories to Treaty 7. Another signing on this treaty occurred on December 4, 1877, to accommodate some Blackfoot leaders who were not present at the primary September 1877 signing.

Treaty Five is a treaty between Queen Victoria and Saulteaux and Swampy Cree non-treaty band governments and peoples around Lake Winnipeg in the District of Keewatin. Much of what is today central and northern Manitoba was covered by the treaty, as were a few small adjoining portions of the present-day provinces of Saskatchewan and Ontario.

<span class="mw-page-title-main">Treaty 6</span> Treaty between the First Nations and Canadian Crown

Treaty 6 is the sixth of the numbered treaties that were signed by the Canadian Crown and various First Nations between 1871 and 1877. It is one of a total of 11 numbered treaties signed between the Canadian Crown and First Nations. Specifically, Treaty 6 is an agreement between the Crown and the Plains and Woods Cree, Assiniboine, and other band governments at Fort Carlton and Fort Pitt. Key figures, representing the Crown, involved in the negotiations were Alexander Morris, Lieutenant Governor of Manitoba and The North-West Territories; James McKay, The Minister of Agriculture for Manitoba; and William J. Christie, a chief factor of the Hudson's Bay Company. Chief Mistawasis and Chief Ahtahkakoop represented the Carlton Cree.

Treaty 3 was an agreement entered into on October 3, 1873, by Chief Mikiseesis on behalf of the Ojibwe First Nations and Queen Victoria. The treaty involved a vast tract of Ojibwe territory, including large parts of what is now northwestern Ontario and a small part of eastern Manitoba, to the Government of Canada. Treaty 3 also provided for rights for the Waasaakode Anishinaabe and other Ojibwe, through a series of agreements signed over the next year. The treaty was modified in 1875 when Nicolas Chatelain negotiated an adhesion that created a reserve, surveyed as reserve 16A, for Metis families connected to Mikiseesis' Rainy Lake Band. Reserve 16A and the Rainy Lake Band reserve were unified in 1967.

The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian royal commission established in 1991 with the aim of investigating the relationship between Indigenous peoples in Canada, the Government of Canada, and Canadian society as a whole. It was launched in response to status and rights issues brought to light following events such as the Oka Crisis and the failure of the Meech Lake Accord. The commission culminated in a final report of 4,000 pages, published in 1996 and set out a 20-year agenda for implementing recommended changes.

<span class="mw-page-title-main">Treaty 4</span> Treaty between First Nations and Canadian Crown

Treaty 4 is a treaty established between Queen Victoria and the Cree and Saulteaux First Nation band governments. The area covered by Treaty 4 represents most of current day southern Saskatchewan, plus small portions of what are today western Manitoba and southeastern Alberta. This treaty is also called the Qu'Appelle Treaty, as its first signings were conducted at Fort Qu'Appelle, North-West Territories, on 15 September 1874. Additional signings or adhesions continued until September 1877. This treaty is the only indigenous treaty in Canada that has a corresponding indigenous interpretation.

<span class="mw-page-title-main">Canadian Aboriginal law</span> Canadian law regarding indigenous people

Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Aboriginal peoples as a collective noun is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate.

The association between the monarchy of Canada and Indigenous peoples in Canada stretches back to the first interactions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign.

The British Columbia Treaty Process (BCTP) is a land claims negotiation process started in 1993 to resolve outstanding issues, including claims to un-extinguished indigenous rights, with British Columbia's First Nations.

In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.

The following is an alphabetical list of topics related to Indigenous peoples in Canada, comprising the First Nations, Inuit and Métis peoples.

Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal equals to the Crown, as well as many other variations.

Indigenous peoples in Canada demand to have their land rights and their Aboriginal titles respected by the Canadian government. These outstanding land claims are some of the main political issues facing Indigenous peoples today.

References

  1. "Numbered Treaty Overview". Canada in the Making. Canadiana.org. Archived from the original on 9 April 2004. Retrieved 16 November 2009. The Numbered Treaties - also called the Land Cession or Post-Confederation Treaties - were signed between 1871 and 1921, and granted the Government of Canada large tracts of land throughout the Prairies, Canadian North and Northwestern Ontario for white settlement and industrial use. In exchange for the land, Canada promised to give the Aboriginal peoples various items, such as cash, blankets, tools, farming supplies, and so on. The impact of these treaties can be still felt in modern times.
  2. "PART II: RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA". Justice Laws Website. Government of Canada. 9 March 2015. Retrieved 10 March 2015.
  3. Del Papa, Eugene (1975). "The Royal Proclamation of 1763: Its Effect upon Virginia Land Companies". The Virginia Magazine of History and Biography. 83 (4): 406–411. JSTOR   4247979.
  4. Government of Canada. "History of the Royal Proclamation". 250th Anniversary of the Royal Proclamation of 1763. Aboriginal Affairs and Northern Development Canada. Retrieved 17 March 2015.
  5. Pasternak, Shiri (2014). "Jurisdiction and Settler Colonialism: Where Do Laws Meet?". Canadian Journal of Law and Society. 29 (2): 156. doi:10.1017/cls.2014.5. S2CID   145581484 . Retrieved 17 March 2015.
  6. Beaulieu, Alain (2013). "An equitable right to be compensated: The Dispossession of the Aboriginal Peoples of Quebec and the Emergence of a New Legal Rationale (1760–1860)". Canadian Historical Review. 94 (1): 5. doi:10.3138/chr.1060. Archived from the original on 17 March 2015. Retrieved 17 March 2015.
  7. Stewart, Sheila C. (2006). "First Nations Education: Financial Accountability and Educational Attainment". Canadian Journal of Education. 29 (4): 1001. doi:10.2307/20054208. JSTOR   20054208.
  8. Milloy, John S. (1999). A National Crime: The Canadian Government and the Residential School System, 1879 to 1986. Manitoba: University of Manitoba Press. p. 20. ISBN   0-88755-166-1.
  9. Whitehouse, Derek (1994). "The Numbered Treaties: Similar Means to Dichotomous Ends". Past Imperfect. 3: 30. Retrieved 17 March 2015.
  10. Craft, Aimée (2014). "Living Treaties, Breathing Research". Canadian Journal of Women and the Law. 26: 1–22. doi:10.3138/cjwl.26.1.1. S2CID   143766395. Archived from the original on 4 April 2015. Retrieved 31 March 2015.
  11. Daschuck (2013), p. 79.
  12. Friesen, Gerald (1987). The Canadian Prairies: A History. Toronto: University of Toronto Press. p. 162. ISBN   0802066488.
  13. Owran, Doug (2007). The Promise of the West as Settlement Frontier. Calgary: University of Calgary Press. pp. 3–4. ISBN   978-1552382301.
  14. Copy Or Extracts of Correspondence Between the Colonial Office, the Government of the Canadian Dominion and the Hudson's Bay Company Relating to the Surrender of Rupert's Land by the Hudson's Bay Company: and for the Admission Thereof into the Dominion of Canada. Great Britain. 1869.
  15. Government of Canada (2013). "The Numbered Treaties (1871–1921)". Aboriginal Affairs and Northern Development Canada. Government of Canada. Retrieved 31 March 2015.
  16. Friesen, Gerald (1987). The Canadian Prairies: A History. Toronto: University of Toronto Press. pp. 171–173. ISBN   0802066488.
  17. Miller, J. R. (17 May 2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada (3rd ed.). Toronto: University of Toronto Press, Scholarly Publishing Division. p. 276. ISBN   0802081533.
  18. Miller, J. R. (May 2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada (3rd ed.). Toronto: University of Toronto Press, Scholarly Publishing Division. p. 277. ISBN   0802081533.
  19. Miller, J. R. (17 May 2000). Skyscrapers Hide the Heavens: A History of Indian–White Relations in Canada. Toronto: University of Toronto Press, Scholarly Publishing Division; 3rd ed edition. p. 276. ISBN   0802081533.
  20. "Aboriginal Victimization in Canada: A Summary of the Literature". Victims of Crime Research Digest No. 3. Canada Department of Justice. 30 April 2013. Retrieved 13 December 2014.
  21. Daschuck (2013), p. 96.
  22. Daschuck (2013), p. 82.
  23. Miller, J. R. (2009). Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada. Toronto: University of Toronto Press. p. 152. ISBN   9780802095152.
  24. Stewart, Sheila (2001). "A Treaty Right to Education". Canadian Society for the Study of Education. 26 (2): 125–143. doi:10.2307/1602197. JSTOR   1602197.
  25. Whitehouse, Derek (1994). "The Numbered Treaties: Similar Means to Dichotomous Ends". Past Imperfect. Retrieved 31 March 2015.
  26. Miller, J. R. (2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada. Toronto: University of Toronto Press. p. 276. ISBN   0802081533.
  27. Titley, Brian (1986). A Narrow Vision: Duncan Campbell Scott and the Administration of Indian Affairs in Canada. Vancouver: University of British Columbia Press. pp.  68–69. ISBN   0774804203.
  28. 1 2 Krasowski, Sheldon Kirk (2011). Mediating the Numbered Treaties: Eyewitness Accounts of Treaties Between the Crown and Indigenous Peoples. Regina: University of Regina Press. p. 33.
  29. Powassom, Chief. "Paypom Treaty" (PDF). Grand Council of Treaty #3. Government of the Anishinaabe Nation. Archived from the original (PDF) on 27 February 2012. Retrieved 31 March 2015.
  30. 1 2 Krasowski, Sheldon Kirk (2011). Mediating the Numbered Treaties: Eyewitness Accounts of Treaties Between the Crown and Indigenous Peoples. Regina: University of Regina Press. p. 29.
  31. McLeod, Neal (2009). Cree Narrative Memory: From Treaties to Contemporary Times. Saskatoon: Purich Pub. pp.  72. ISBN   978-1895830316.
  32. "Treaty Texts". Aboriginal Affairs and Northern Development. Government of Canada. 29 August 2013. Retrieved 3 March 2015.
  33. "Canada in the Making: Treaty Overview". Canadiana. Archived from the original on 7 April 2015. Retrieved 3 March 2015.
  34. 1 2 Ray, Miller & Tough (2002), p. 59.
  35. Ray, Miller & Tough (2002), p. 5.
  36. Office of the Treaty Commissioner (2007). Treaty Implementation: Fulfilling the Covenant. Saskatoon: Purich Pub. ISBN   978-0978268503.
  37. Krasowski, Sheldon (2011). Mediating the Numbered Treaties: Eyewitness Accounts of Treaties Between the Crown and Indigenous Peoples, 1871-1876. Regina: University of Regina. p. 32.
  38. Miller, J.R. (2009). Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada. Toronto: University of Toronto Press. p. 296. ISBN   978-0802097415.
  39. Miller, J.R. (2009). Compact, Contract, Covenant: Aboriginal Treaty-making in Canada. Toronto: University of Toronto Press. pp. 2221:297. ISBN   978-0802097415.
  40. Carr-Steward, Sheila (2001). "A Treaty Right to Education" (PDF). Canadian Journal of Education. 26 (2): 125–143. doi:10.2307/1602197. JSTOR   1602197. Archived from the original (PDF) on 4 March 2016.
  41. Albers, Gretchen. "Indigenous Land Claims | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 25 January 2019.
  42. Pithouse, Kathleen; Mitchell, Claudia; Moletsane, Relebohile (2009). Making Connections: Self-Study & Social Action. Peter Lang. pp. 208–209. ISBN   978-1433105012.
  43. Knight, David B.; Joseph, Alun E. (1999). Restructuring Societies: Insights from the Social Sciences. McGill-Queen's Press. pp. 140–142. ISBN   0886293502.
  44. "Canadian Aboriginals stop a constitutional amendment (Meech Lake Accord), 1990 | Swarthmore College Global Nonviolent Action Database". nvdatabase.swarthmore.edu. Retrieved 29 September 2018.
  45. "The Death of the Meech Lake Accord | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 29 September 2018.
  46. "UN envoy criticizes government over Attawapiskat". CTV News. 20 December 2011. Retrieved 29 January 2013.
  47. "Federal Court grants rights to Métis, non-status Indians". CBC. 8 January 2013. Retrieved 29 January 2013.
  48. "Struggle will continue: Spence Spokesman". CBC. 24 January 2013. Retrieved 29 January 2013.
  49. Bambury, Brent (4 January 2013). "Pam Palmater: Treaty Rights, Bill C-45 and Idle No More". CBC Radio. Retrieved 29 January 2013.
  50. Greg David, "Treaty Road, the ground-breaking docuseries, premieres March 5 on APTN". TV, eh?, February 1, 2024.