12 KEY EVENTS IN THE TREATY MAKING PROCESS

BACKGROUND INFORMATION #1THINK ABOUT THIS

• For any culture to survive, it needs two things;• an economic basis from which the basic needs of its people can be met• Some ability to make decisions that will help that culture survive and thrive- some form of self government

BACKGROUND INFORMATION #2HERE’S HOW IT WORKS IN CANADA

• Every country has some form of a constitution• What’s a constitution?The constitution of a nation is the set of rules that govern how a government can exercise public power. A constitution identifies who or what institutions should exercise power and how they should do it. The government is usually the most powerful coercive force within a country, so the rules about how a government should exercise power are very important. They put checks and balances on the government’s powers. From: http://www.teara.govt.nz/en/constitution/1

WHO DOES WHAT?

• The Canadian constitution also known as the British North America Act (with the addition of the Charter of Rights and Freedoms) divides the powers and responsibilities of the different levels of government. • In Canada the federal (national) government is

responsible for First Nations, Metis and Inuit while the provincial governments control the resources within their provinces

TWO TYPES OF LAND CLAIMS

 1. Comprehensive Claims • Arise in areas where no treaties have ever been made,

where Aboriginal land rights have not been dealt with • There modern treaties are negotiated between the

Aboriginal group, Canada and the province or territory• While unique, usually they include issues like land

ownership, money, land, resource, water, wildlife and environmental management

• Also usually provide for economic development, protection of Aboriginal culture, and Aboriginal self-government

•  

• Specific Claims• Deal with greviances of First Nations where

Canada has failed to honour its obligations under historic treaties or to protect and properly manage a First Nation’s lands, funds or other assets (which under law the Canadian government is obligated to do)• To date over 800 specific claims have been

resolved and 500 more remain unresolved

1. ROYAL PROCLAMATION, 1763

 A document that set out the guidelines for European settlement in North America

It was created after the British had defeated the French in North America and taken possession of the whole continent

It was proclaimed by King George III to officially take control of the lands they had conquered

"It is just and reasonable and essential to our interest and security of our colonies that the several

nations or tribes of Indians with whom we are connected and who live under our protection,

should not be molested or disturbed in the possession of such parts of our dominions and territories which, not having been ceded to or

purchased by us, are reserved to them or any of them as their hunting grounds."

-King George III, The Royal Proclamation, 1763

• When the Royal Proclamation was signed in 1763, the relationship between First Nations and the British was one of allies• The Royal Proclamation laid out 2 important

concepts related to native people;1. That Aboriginal people lives as nations and had a claim

or title to their traditional lands2. Only the government could buy Aboriginal lands or sign

treaties for those lands and that they must be treated fairly in those negotiations

2. THE BRITISH NORTH AMERICA ACT

• The British North America Act is legislation passed by Britain to create the country of Canada

• It is the Canadian constitution and marks the point when the Canadian government was formed and its relationship with native people began

“It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of

Commons, to make laws for the Peace, Order, and good Government of Canada…, the exclusive

Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of

Subjects… enumerated; that is to say, … 24. Indians, and Lands reserved for the Indians. “

–British North America Act, 1867.

THE BRITISH NORTH AMERICA ACT 1867

T H E C A N A D I A N C O N S T I T U T I O N

WHAT’S A CONSTITUTION

• A constitution is the regulations and principles that are established when a country is formed

THE BRITISH NORTH AMERICA ACT

• The British North America Act is the act that formed the country known as Canada • The Act was signed in 1867 by Queen Victoria • The Act gave Canada the government and justice

system that we have today

QUESTIONS

• The British North American Act clearly states that a legal duty to protect the interests of Natives and be the only authority to sell their land to.• This would contradict their the responsibility to

fairly negotiate land division as the government just threw out the Aboriginals from the West

QUESTIONS (CONTINUED)

• The problem with this system is the Native people now have to go through two different governments to get access to the resources within their land as they have to negotiate with the provincial government to determine the right to the resource and then the federal government about the land

3. THE NUMBERED TREATIES

What parts of Canada were not covered by historic treaty?

• Rupert’s Land was the area of Canada given to the Hudson’s Bay Company in 1670 by King Charles II• It covers 15% of North America and includes all

the land that drains into Hudson Bay• In 1869, the Canadian government bought

Rupert’s Land from the Hudson Bay Company• The Canadian government hoped to open this

area up to settlement

“…did not know in the White people’s language what surrender meant- they did not talk about

giving anything up…The White people [government] had placed this term in the treaty but the Natives

did not know or where not aware of it, and thus did not talk about giving up anything.” – Stoney Nation

Elder

• The Numbered Treaties• All of Canada was covered with the exception of New-Founland and Labrador, Quebec,

P-E-I, Yukon, Nunavut, B-C except Vancouver Island.• Government officials feared that the area was open to an American takeover. Prime

minister John A. Macdonald was determined to fill the area with settler and secure Canada’s claim.Why? Because in the United States, the conflicts between Aboriginal nations and settlers had been bloody and also because the government wanted to secure Canada’s claim with the agreement of the Aboriginal nation and not by force.

• Aboriginal leaders such as Chief Crowfoot of the Siksika (blokfoot) recognized that with the destruction of the buffalo herds, their way of life was collapsing.They eeded assurances for their future and new, means of livelihood when they could no longer follow their traditional economies. Because the Chief knew that in the future, a lot of changes would happen and they wanted to ensure their future with the helpdof Canadians.

• The Aboriginal people might disagree with the government over the interpretation of the treaties becauseat the time, the intentions of the treaties were not explained properly to the Aboriginals.

• “The natives had no idea what was happening, they didn’t speak the settlers language so they did’t understand what they were surrendering.” –Stoney Nation Elder

•  

4. THE INDIAN ACT, 1876

• An act passed by the Canadian government that defined the relationship between the Canadian government and the 633 First Nations living in what became Canada passed in 1876• Has been amended many times

“I want to get rid of the Indian problem. I do not think as a matter of fact, that the country ought to continuously protect a class of people who are able to stand alone… Our objective is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian Department, that is the whole object of this Bill.”- Dr. Duncan Campbell Scott, Deputy Superintendant of Canada’s Dept. of Indian Affairs, 1920

THE INDIAN ACT AMENDMENTSB Y : T A S H A , H A Y D E N , A N D A B I

The Indian Act was the law that defined what made someone an Indian and dictated what they could and couldn’t do. Many amendments were put into place to give the government more control. The government slowly made the Act worse and worse. They took away The Aboriginal’s culture and rights to give themselves more power.

1. 1885 Amendment: several traditional Aboriginal ceremonies were banned.Ex: Potlatches

The Amendments2. 1905 Amendment: Power was given to the government to take Aboriginals from their reserves if they lived near towns and had no more than 8,000 people.

1927 Amendment: To solicit funds for Aboriginal legal claims, you had to have a license from the Superintendent General. This meant that it was very hard for Aboriginals to pursue land claims because the government had control over these.

1951 Amendment: This amendment made life easier on Natives because the more restricting parts of the Act were amended and removed. Natives could practice customs and culture, could appear off-reserve, they could hire legal counsel, and Indian women were now allowed to vote in band councils.

1951 AmendmentThe 1885 amendment was the most damaging because it took away the Aboriginal's culture, which they believed strongly in. It doesn’t seem like the government’s place to be telling Natives that they couldn’t do the things that made them who they were.

Most Damaging?

Quote: The quote is saying that the native Indians don’t force the white people to follow their culture, but the white man is trying to take away the culture of the natives.

5. RESIDENTIAL SCHOOLS, MID 1800S TO THE 1960S

• “The treatment of children in Indian Residential Schools is a sad chapter in our history…To the approximately 80,000 living former students, and all family members and communities, the Government of Canada now recognizes that it was wrong to forcibly remove children from their homes and we apologize for having done this.  We now recognize that it was wrong to separate children from rich and vibrant cultures and traditions that it created a void in many lives and communities, and we apologize for having done this. “

• –Stephen Harper to the Canadian Parliament, 2008.

RESIDENTIAL SCHOOLS

• Residential schools were schools where the government kidnapped aboriginal children aged 6-16 to prepare them for life in English culture.

• The government established residential schools to get rid of the ``Indian Problem`` and erase aboriginal culture and people.

• A lot of First nations culture was destroyed or heavily impacted by residential schools. Also, many children were abused by the preachers at these establishments causing great depression and in 3000 extreme cases death.

• Residential schools were a dark chapter in Canadian history where the Canadian government was committing serious genocide against the indigenous people.

6. INDIAN ACT AMENDMENTS, 1885, 1905, 1927, 1951

“We will dance when our laws command us to dance, we will feast when our hearts desire to

feast. Do we ask the white man, ‘do as the Indian does’? No we do not. Why then do you ask us, ‘do as the white man does’? It is a strict law that bids us dance. It is a strict law that bids us distribute

our property among our friends and neighbours. It is a good law. Let the white man observe his law,

we shall observe ours.” – 1896, Kwakwa ka’wakw chief.

7. THE WHITE PAPER, 1969

“To us who are Treaty Indians there is nothing more important than our Treaties, our lands and the well being of our future generation. We have studied carefully the contents of the Government White Paper on Indians and we have concluded that it offers despair instead of hope. Under the guise of land ownership, the government has

devised a scheme whereby within a generation or shortly after the proposed Indian Lands Act expires our people would be left with no land and consequently the future

generations would be condemned to the despair and ugly spectre of urban poverty in ghettos.”

-June 1970, Citizens Plus, the Indian Chiefs of Alberta 

8. THE CALDER CASE, 1973

THE CALDER CASE- N O T A L L R E G I O N S O F C A N A DA R E C E I V E D T R E AT I E S , T H E N I S Q U A ’ A A F I R S T N AT I O N S T R I B E I N B . C . W E R E A M O N G S T T H E T R I B E S N O T R E C E I V I N G P R O P E R L A N D R I G H T S- F RA N K C A L D E R , C H I E F O F T H E N I S Q U A ’ A T R I B E B R O U G H T H I S T R I B E ’ S C A S E T O T H E S U P R E M E C O U RT-T H E C O U RT D E C I D E D I N T H E FAVO U R O F T H E N I S Q U A ’ A A N D G RA N T E D T H E M A T R E AT Y A N D L A N D R I G H T S-T H I S WA S O N E O F T H E F I R S T C O U RT C A S E S , A N D L E A D T H E WAY F O R M A N Y O T H E R A BO R I G I N A L G R O U P S T O C L A I M L A N D R I G H T S

• An legal action brought by Frank Calder and other Nisga’a elders against the government of British Columbia

“The fact is that when the settlers came the Indians were there, organized in societies and occupying

the land as their forefathers had done for centuries. This is what Indian title means. What they are

asserting in this action is that they had a right to continue to live on their lands as their forefathers

had lived and that this right has never been lawfully extinguished.”

-Mr. Justice Wilfred Judson, Supreme Court Judge commenting on the Calder Case

9. THE JAMES BAY AND NORTHERN QUEBEC AGREEMENT

1975

• First modern treaty or comprehensive claim• Quebec government planned to flood 10 000 sq

kms east of James Bay to create electricity for sale• No consideration for rights of native people and no

treaty had ever been signed• Court battle followed, end result was a negotiated

treaty• Cree and Inuit received $232.5 million over 20

years, special economic assistance, ownership of 5500 sq kms of land and veto over mineral resource development

“For we must recognize that a close link exists between economics and governance.  Without meaningful

participation by First Nations in the governance of their traditional lands, they will always be excluded in economic development.  And without a share in the economic wealth

from the development of resources on traditional lands, First Nation self governance is a hollow phrase. The Cree

experience bears this out. One of the pillars of our modern Land Claims Agreement is the creation of Cree governance

institutions. We took control of our own governance institutions to improve the lives of our people and respond to

their needs.  This required building relationships with both Canada and Québec, …”

– Grand Chief of the Quebec Cree, Matthew Coon Come

10. THE NISGA’A AGREEMENT

“Today marks a turning point in the history of British Columbia. Today, aboriginal and non-aboriginal

people are coming together to decide the future of this province. I am talking about the Nisga'a Treaty

-- a triumph for all British Columbians -- and a beacon of hope for aboriginal people around the world. A triumph, I believe, which proves to the world that reasonable people can sit down and settle historical wrongs. It proves that a modern society can correct the mistakes of the past. As

British Columbians, as Canadians, we should all be very proud…. We will once again govern ourselves by our own institutions, but within the context of Canadian law. It is a triumph because, under the

Treaty, we will be allowed to make our own mistakes, to savor our own victories, to stand on our own feet once again. “ –Chief of the Nisga’a,

Joseph Gosnell, 1998, Speech to the B.C. Legislature

1996

• Had been trying to get a treaty negotiated for over 100 years• Received 2000 sq kms and some land on the Nass

River, comprehensive fishing and other resource entitlements, the right to establish a form of government (more than a municipality, less than a province)

11. THE CREATION OF NUNAVUT

“The creation of the territory of Nunavut is a laudable example of both tenacity and

understanding, not only of the Inuit, who call Nunavut "our land", but also of those non-Inuit who

have worked tirelessly towards this achievement and who continue their commitment to the territory

today.” –Paul Okalik, Nunavut’s first premier, 2001.

THE CREATION OF NUNAVUT

• Why was Nunavut created and why as Canadians should we be proud if its creation?

The creation of Nunavut was a huge leap towards building greater bonds with the Natives. It will serve as an example to the whole world that it is possible for Natives to govern their own territory. Letting the Natives govern themselves will also help solve the many problems that native communities have such as high suicide rates, unemployment, and substance abuse problems. It is also hoped that creation of Nunavut will restore native pride in their traditions and customs that have slowly been erased. 85% of Nunavut’s population is Inuit. How does their system of government reflect their culture and heritage?

Their system of government is most likely supposed restore the Inuit’s traditions and cultures. Non-native governments forced the natives off their traditional hunting grounds and led them into poverty. A native self-government will probably be used to give the Inuit’s back most of what they lost to non-native governments. They will also be able to shape their government in their own unique way by setting their own laws and giving priority to Inuit-owned businesses.

12. THE HAIDA JUDGMENT, 2004

“The Crown cannot run roughshod over the land and, while treaty processes are going on, the land should not be spoiled. This provides an interesting

dilemma to the BC Government in the past few years delegated tremendous authority to the forest

industry. How do they expect to deliver on these obligations when the forest industry practically

holds more authority than the Crown?” – Guujaaw, President of the Haida Nation, 2004.

THE HAIDA JUDGMENTBY L I A M & S E B A S T I A N

•P R O B L E M : T H E H A I D A P E O P L E H A V E L I V E D O N Q U E E N C H A R L O T T E I S L A N D S F O R 1 0 0 S O F Y E A R S

•R E C E N T LY T H E B . C . G O V E R N M E N T L E T W E Y E R H A U S E R C O . , A N L O G G I N G C O M P A N Y C U T D O W N T R E E S O N T H E I R L A N D .

•S I N C E A T R E AT Y W A S N E V E R P U T I N P L A C E I T W A S C O N S I D E R E D C R O W N L A N D .

• I N 1 9 9 9 T H E H A I D A P E O P L E W E N T T O C O U R T W I T H T H E G O V E R N M E N T A R G U I N G T H AT T H E Y H A D N ' T G I V E N C O N S E N T

T O T H E B . C . G O V E R N M E N T T O L O G O N T H E I R L A N D .Solution: The court dismissed the petition and allowed the government to continue logging.

After an appeal the court overturned the decision saying that both the government and the logging company have a duty to consult with and accommodate the Haida

Production of resources will be slowed due to less land to export from