Key Historical & Modern Treaties

What are treaties?

• The Government of Canada and the courts understand treaties between the Crown and Aboriginal people to be agreements that set out promises, obligations and benefits for both parties.

Treaties then and now…

• “Historic Treaties” are those between 1701 and 1923

• “Modern-day” Treaties are those from 1923 onward – Known as “comprehensive land claim settlements”

Treaties – Classification

• Treaties are classified as either:– Pre-confederation Treaties (before 1876)– Post-confederation Treaties (after 1876)

• There are a total of 68 major Pre and Post Confederate Treaties in Canada

The First Treaty

• When was the first treaty signed?– In 1701…it was a “Peace and Friendship Treaty”

• Which groups were involved in the signing of this treaty?– The British Crown and First Nations

• Why was the treaty created in the first place?– To encourage peaceful relations between the two groups

(First Nations and non-aboriginals/Europeans)• What did this lead to?– It led to numerous treaties to be created over the decades

that outlined rights of aboriginals and government.

Pre-confederation Treaties

• The “BIG” ones to remember…Peace and Friendship Treaties • When? 1725-1779• What were they? The first agreements between First

Nations and Europeans (British).• What event(s) were occurring at the time? Warfare

between England and France at the time (battling for land and power in North America)• What was the common agreement in these treaties? –

the First Nations would protect or assist the Europeans and in return, the Europeans agreed not to interfere in aboriginal traditions

#1. Peace and Friendship Treaty of 1725•Known as the “Boston Treaty”•Situation? War was occurring between Quebec (France) and the British of New England. First Nations worked aside each group in the war. Hostilities were BIG between Britain and France but also First Nation tribes!•Who signed it (signatories)? •Francis Xavier (British Crown)•Mi’kmaq and Maliseet living from New England to Nova Scotia.

•What rights did they earn?•Forgive and forget past injustices•British maintain ownership of land

•What responsibilities did each group have?•Mi’kmaq had to release prisoners of war.•British will manage trading between groups.•British will manage the justice system.•Eastern Canada Tribes agreed to make sure that all tribe members followed these rules.

•Long-Term Impacts of this treaty?•There will be no grudge between the Native tribes and the British•French lost their ally (First Nations)

#1. Peace and Friendship Treaty of 1725…

#2. Peace and Friendship Treaty of 1752• Situation? Hostilities between aboriginal groups, especially among the Mikmaq and the British in the Maritimes was ongoing. Governor Cornwallis of Nova Scotia requested the renewal of the Treaty of 1725. •Who signed it (signatories)?

•Chief Cope of the Mi’kmaq Tribe•Governor Cornwallis (representative of His Majesty – Britian)•Occurred October 1st 1752.

•What rights did they earn? •Britain agreed to protect the Mi’kmaq•Mi’kmaq gained hunting and fishing rights.

#2.Peace and Friendship Treaty of 1752…

•What responsibilities did each group have?•Tribes will do everything in their power to ensure that all tribes ratify (confirm) the treaty.•Both sides will “keep the peace”•Crown must treat Natives equally!

•Long-Term Impacts of this treaty?•October is Mi’kmaq History month•October 1st is Treaty Day

Royal Proclamation of 1763•Situation?

•French and Britain had been competing for control of lands in North America during the 7 Year War (1756-1763). •Both countries had formed strategic alliances with the Mi’kmaq and Maliseet groups. Britain won control of Maritime region.

Royal Proclamation of 1763…•Who signed it (signatories)?

•Mi’kmaq and Maliseet and the British Crown•What rights did they earn?

•Natives earn the right to use resources•Crown has rights to ownership

•What were their responsibilities?•Crown must take land back that was traditional Native land and must manage the land to ensure no Native land is wrongly taken or purchased in the future.

Royal Proclamation of 1763…•Long-term Impacts?

•land is still managed this way-Nobody can own the land except the Crown.•Issues:

•Aboriginal title vs. Indian Land•Sovereignty versus centralization

•Mi’kmaq hunting and fishing rights protected

•Several treaties were signed after the Royal Proclamation and before Confederation in 1867. •These include the Upper Canada Treaties (1764 to 1862) and the Vancouver Island Treaties (1850 to 1854). • First Nations surrendered interests in lands in areas located in today’s Ontario and British Columbia. •First Nations received certain benefits that included reserves, annual payments or certain rights to hunt and fish.

Post-confederation TreatiesThe “BIG” ones to remember…#1. The Numbered Treaties (1867 – 1923)#2. Indian Act 1876

#1. The Numbered Treaties •Situation?

• In 1867 Sir. John A. MacDonald drafted the British North American Act (now known as the Canadian Constitution) to unite British Colonies in North America. On July 1st 1867, it was signed by the “Fathers of Confederation”. Canada was born.

#1. The Numbered Treaties •Situation…

• The demand for leathers, railways became greater after confederation.

•Government cleared aboriginal title to:•Start Canada’s Railroad system across Canada•Quicken settlement

•At this time…lots was going on including Alexandra Graham Bell inventing the telephone in 1874!•By 1876 the Maritimes linked to Central Canada and BC railway was beginning.

#1. The Numbered Treaties…•Rights and Responsibilities?•The Indians surrendered all title to the lands covered, and in return, received tracts of land for reserves, hunting and fishing rights, schools and more.

There are 11 Numbered Treaties. They were created over a 60 year period (1870 – 1930s). Each dealing with an area of Canada and the obtainment of land and surrender of aboriginal title and the creation of reserves/tracts of land designated for Aboriginals.

#2. Indian Act of 1876

• An “Act Respecting Natives”• Treaty that involves registered Natives, their bands, and the system of Native Reserves. •Created in 1876 by the Parliament of Canada under the Constitution Act (a.k.a. The British North American Act of 1867)•The Federal Government gets full authority to legislate “Indians and Lands Reserved for Indians”•Defines who is an “indian”•Contains certain legal rights for registered natives that are not able to be challenged…but many of these rights are still being fought for!

We will be learning more about the Indian

Act next!