Understanding treaties in Canada
What is a treaty? Treaties between the Crown and aboriginal people are considered formal and lawful agreements that set out commitments, responsibilities and benefits for both parties. They are written agreements designed to help resolve issues like land ownership, governance structures, wildlife and environmental management, financial benefits and taxation rights.
History of Treaties
The creation and signing of treaties began in 1701, in what eventually became Canada, between the British Crown and aboriginal peoples in order to encourage peaceful relations between First Nations and non-aboriginal people. Over the centuries to follow, more treaties were signed to identify the rights of aboriginal people and the Crown to use land in Canada that were traditionally occupied by aboriginal people.
After the Confederation of Canada, the Crown signed treaties with First Nations that allowed the Canadian government to develop lands in Canada for things like agriculture, harvesting natural resources and settlement. In exchange for giving up these large areas of land, the treaties provided the First Nations people with reserve lands, annual payments, certain rights for hunting and fishing among other things.
For example, Treaty 8 was signed in 1899 and highlighted the responsibility of and rights to approximately 840,000 square kilometres of land that is home to 39 First Nation communities in North West Canada. According to the Treaty 8 First Nations community, some view the treaty as a surrender to any claim to title to all but the lands set aside as reserves, while others see that Treaty 8 as terms for peace and friendship; and that it recognizes their important rights to “education, medical care, tax exemptions, immunity from military conscription and access to land, game and other resources for as long as the sun shone upon those lands.” Learn more about Treaty 8 at www.treaty8.ca.
modern Day Treaties
Most modern day treaties, referred to as comprehensive claims, include land claim settlement deals with areas where aboriginal people’s claims have not been yet addressed by legal means in an official treaty or legal agreement.
ensuring Obligations Are fulfilled
When there is a grievance between a First Nation and the government, usually relating to an unfulfilled obligation of the treaty, a specific claim can arise. Canada is committed to honouring its lawful responsibilities to aboriginal people, and will settle these specific claims through the Specific Claims Policy, which allows First Nations to have their claims dealt with through negotiations without having to go to the courts.
The Government of Canada affirmed that historic and modern-day treaties will continue to be honoured, nurturing the ongoing relationship between First Nations and government, in the In Gathering Strength – Canada’s Aboriginal Action Plan. This action plan provides a context of rights and responsibilities for both sides and will help ensure all Canadians can enjoy the benefits of this great nation together.