When the issue of treaties is discussed most limit their understanding to the Numbered Treaties negotiated between the Crown and the various tribes of First Nations beginning in 1871 and continuing until 1921 with the negotiation of treaty 11. These treaties, established the treaty rights as understood today. While First Nations are often viewed as passive participants, through examination of the negotiations of these agreements it becomes obvious that not only were the First Nations involved, but were active participants who were well aware of their rights. As early as 1857 Chiefs on the plains were inviting the Government to negotiate Treaty. In a letter sent to England Chief Peguis stated: "...before whites will be again permitted to take possession of our lands, we wish that a fair and mutually advantageous treaty be entered into with my tribe for their lands." This statement effectively shows that rather than being passive participants in this process, First Nations were well aware of the treaty making process.
In 1870, the Government of Canada purchased Rupertsland from the Hudson's Bay Company. While the government assumed that this would allow the building of the national railroad to progress. First Nations people had other ideas and unless treaties were negotiated with these First Nations, it was unlikely that further settlement would occur. In a letter dated 1871, Chief Sweetgrass articulated the concerns of the First Nations: "We heard our lands we sold and we did not like it; we don't want to sell our lands; it is our property and no one has the right to sell them." This letter was followed by action when later that year Chief Pasqua (Pisqua "The Plain) stopped at what is now the Manitoba border Dominion surveyors from entering the lands of the Plains Cree and Saulteaux thus forcing the government to send out treaty negotiators.
The Numbered Treaties
Many people assume that the numbered treaties are all the same. Although treaty negotiators assumed that the First Nations people would accept the same terms as offered in earlier treaties such as Robinson-Huron and Robinson-Superior, which were little more than land cession treaties with annual paid annuities. In sharp contrast the later numbered treaties show a definate evolution as the Chiefs sought to not only protect their people from Euro-Canadian encroachment, but also ensure the survival of their people and culture. Hence each treaty is slightly different, and in the case of the North-west Angle Treaty or treaty number one, treaties were renegotiated to include agricultural assistance and education.
Treaty Interpretation
There are two schools of thought on the interpretation of the treaties:
- Literal Interpretation: limits the treaty to what is written, with no room for interpretation.
- Spirit and Intent: takes into consideration differences in language and culture. Also recognizes the oral histories of the First Nations people. It does not limit the interpretation, but rather gives the right the broadest possible interpretation to ensure that the treaties remain relevant to the contemporary realities of First Nations people.
While the government prefers to adhere to the literal interpretation, the Supreme Court of Canada in R. v. Badger recognized and affirmed the validity of the spirit and intent interpretation. As a result, treaties must be given their widest possible interpretation and any oral promises made by the commissioners during the negotiations automatically become part of the treaty.
The fact that the treaties evolved and continue to evolve over time underscores the fact that the Treaty Chiefs were not passive participants in this process. In addition this fact also proves that far from being outdated and irrelevant treaties are just as relevant today as they were when they were first signed.
Annette Cyr - Annette Cyr, is a graduate of First Nations University of Canada with an Honours Degree in Indian Studies. In addition to this she is also ...
