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  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  “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)  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."  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  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.  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  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."  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 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  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 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  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  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)  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.  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?  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?