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The Treaty-Making process
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It was the French who first signed treaties with Canada’s aboriginal peoples.
At this time the French made treaties with the first nations as equals. France and England were at war back in Europe. This war spilled into the new world; therefore, these treaties were often used to achieve military goals. The French made treaties with the Huron to help them fight the English, while England made treaties with the Iroquois to fight the French. The Huron & Iroquois were already enemies, therefore it made sense to made treaties with the opposing military powers.
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After the British defeated the French, and a greater number of immigrants came to Canada, the treaties created with the first nations were not made as equals, but favored the British over the First Nations. The British needed the first nations land for their new settlers, and used treaties to accomplish their goals. In exchange for their land, the British crown offered the first nations money and goods, and exchange their land for large tracts of land called reserves.
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At the time it seemed like a equitable deal.
The British Royal Proclamation of 1763 established two important principles to be considered when treaties were negotiated. First- the land ownership rights of the First Nations people were to be respected. Second –The First Nations people should receive fair payment for their land.
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Unfortunately, these principles were not always respected.
After confederation the federal government wanted to settle the west, and it became clear the Canadian government need to obtain the rights to the land in the west from the aboriginal peoples who lived there. The Indian Act, 1876 – In exchange for their land, the Canadian Govt offered the aboriginal peoples of the west cash payments, goods, and the promises of fishing and hunting rights that would allow them to continue their way of life.
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The aboriginal people were moved to reserves, which eventually disappeared and the people living there were absorbed (assimilated) into mainstream Canadian culture. By the end of the 1800’s when gold and oil were discovered farther north, the treaty process began again. In 1923 the last unsurrendered Canadian land (in Ontario) was signed over by a treaty. Although almost half of Canada’s land area was given up through treaties, the aboriginal peoples never signed treaties surrendering B.C. and N.W.T.
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It wasn’t until the 1970’s that the treaty process was revived and revised. Treaties were once again considered a way in which Canada’s Aboriginal peoples could establish their legal claim to the land, or finally given proper compensation for land they gave up.
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