Canadian Numbered Treaties: Overview

Treaty Overview (1-11)

• Treaty 1: Government desired land for farming purposes.
• Treaty 2: Focused on adapting Indigenous groups to an agricultural economy, spanning Southwestern Manitoba and parts of Saskatchewan.
• Treaty 3: Government sought land for railway construction across the West, covering Northwestern Ontario and eastern Manitoba.
• Treaty 4: Governed Southern Saskatchewan and western Manitoba.
• Treaty 5: Covered central and northern Manitoba, as well as parts of Saskatchewan and Ontario.
• Treaty 6: Included central Saskatchewan and Alberta, including Edmonton.
• Treaty 7: Addressed Southern Alberta, specifically the Blackfoot Confederacy region.
• Treaty 8: Aims to secure overland access to Yukon gold discoveries, including Northern Alberta, northeastern British Columbia, northwest Saskatchewan, and others.
• Treaty 9: Strived to secure access to natural resources like timber in northern Ontario.
• Treaty 10: Treaty was initiated by the government post-oil discovery at Fort William and included parts of Northern Saskatchewan and small sections of Alberta.
• Treaty 11: Governed The Northwest Territories, specifically the Mackenzie River Valley.

Treaties - True or False (12-18)

• Before 1867, European colonial governments directly negotiated with First Nations: True.
• Edmonton is in Treaty 6 territory: True.
• The first treaty was to acquire land for railway construction: False.
• Post-Confederation, the Royal Proclamation mandated government negotiation with First Nations for land claims: True.
• Treaties 8-11 were initiated to gain access to natural resources: True.
• Pre-Confederation treaties often involved land negotiations: False.
• First Nations were expected to adapt to agriculture when the first treaties came about: True.

Nisga'a Treaty (19-24)

• Dr. Gosnell regarded the Nisga'a Treaty as a "triumph" due to recognition of land rights, self-government, economic benefits, and its legal precedent.
• The Nisga'a Nation feels "on par" with European nations because of its age, prior settlement, and existing self-government.
• The Nisga'a pursuit for land rights was unique because they were the first First Nation group to use European laws to argue for rights.
• The Nisga'a land-claim settlement marked the first modern-day comprehensive treaty in British Columbia.
• The treaty agreement gave them control over their land but not its resources.
• Dr. Gosnell and the Nisga'a people define a "treaty" as a sacred agreement, recognition of land ownership, a path to self-government, and a tool for reconciliation.
• The Nisga'a Treaty was ratified in 1998 and took effect on May 11, 2000.
• The Nisga'a treaty historically received 2,019 km² of land in B.C.
• The Nation also received $190 million in financial compensation from the federal government.
• The Nation has self-governing powers, including control over laws and hunting, fishing, and forestry rights within their territory.

The Value of Land (25-30)

• Land is a component of self-determination and self-government, providing a springboard for political action to meet community needs.
• Sustainable resource use relies on forestry, energy, minerals, etc.
• Land is a focal point for Aboriginal communities and a location for gatherings/spiritual ceremonies.
• Land maintains ceremonies, kinship ties, language, and a link to resources.
• Respect, nurture, and protect land as the location of traditional ceremonial gatherings.
• Educational aspects include oral teachings and land-based learning.

Roadblocks for Indigenous Land Claims (31-32)

• Prior to 1951 amendments, the Indian Act refused to recognize land claims from anyone except Status Indians.
• The act was amended to make it illegal for First Nations to raise money to pursue land claims.
• The Act refused to recognize land claims from Inuit and Metis peoples.
• The Calder Case resulted in the Supreme Court of Canada ruling that Indigenous title pre-existed any declaration by the Crown.

Treaty Making/Coolican Report (33-34)

• Treaties were agreements to share some land while retaining inherent rights to the land.
• The 1986 Coolican Report review Indigenous self-government and recommend policies for greater autonomy.
• The Report focussed on land rights, governance, and economic development.

Land Claims Game (35)

• In the "land-claims game," the government controls the rules, decides outcomes, has a conflict of interest and the process is slow.

Comprehensive Land Claim (36-37)

• Modern treaties are negotiated between Indigenous groups and the Canadian government in areas where no historic treaties exist.
• Evidence of continuous Indigenous use and occupancy.
• Agreements must follow a structured negotiation process and address governance.
• They also must define land ownership, resource use, and financial compensation.

Specific Land Claim (38-39)

• Arise when the Canadian government fails to uphold its legal obligations under historic treaties or agreements.
• Violations of historic treaties or government mishandling of Indigenous land or resources must have occurred.
• Claims must arise from land taken without proper compensation or consent.
• The Government failed to uphold obligations under treaties or the Indian Act.

The Cardston Blockade(1877-2024) (40-44)

• 1980s: Blood Tribe members discovered unfair land leases to non-Indigenous farmers.
• March 1988: Blood Tribe established a roadblock near Cardston, Alberta, demanding control over their land and fair leasing practices.
• Late 1988: Officials engaged in negotiations, but tensions remained over Indigenous land rights and economic independence.
• 1990s-2000s: The blockade brought national attention to Indigenous land mismanagement, influencing future land claim policies.
• 2024: The Blood Tribe continues to advocate for land rights, economic self-sufficiency, and stronger protections against government mismanagement.

The Oka Crisis (45-47)

• The Oka Crisis was a big violation of land rights.
• Police raid (July 11, 1990) led to an armed confrontation after the SQ attempted to dismantle the blockade.
• Government's Need to Restore Order.
• The Oka Crisis ended on September 26, 1990, after a 78-day standoff with the Canadian military and intense negotiations.

Lubicon Lake Cree (48-57)

• The Lubicon Lake Band has been called a "landless nation" due to exclusion from Treaty 8.
• 1899: Government began efforts to include the Lubicon Lake Cree in Treaty 8 but did not sign the treaty and were not included in official land agreements.
• 1930s: The Lubicon Lake Cree was still not recognized in any treaty, despite their presence in the area.
• 1940s: The Canadian government started developing land around Lubicon Lake for resource extraction.
• 1970s: The Lubicon Cree began seeking recognition of their rights and self-government, but the Canadian government refused.
• 1980s: The Lubicon Lake Cree launched formal land claims, protesting oil and gas development.
• 1988: The Lubicon Lake Cree were officially recognized as a landless First Nation, intensifying protests.
• 2014: The Lubicon Lake Cree reached a settlement agreement with the Canadian government, securing compensation and recognition.
• 2018: The Lubicon Lake Cree officially signed a land claim settlement agreement.
• Oil and gas development on Lubicon lands led to a damaged ecosystem, hunting grounds, health issues, and extreme poverty.

Status/Land Claims/Metis (58-62)

• A significant amount of Canada's indigenous population do not have "Status" as a result of involuntary enfranchisement, stemming from the Indian Act.
• First Nations people with status do not always have treaty rights.
• The Canadian government refused to handle Metis claims to land on a collective basis to inhibit them from preserving their social and cultural ties.
• The Metis Population Betterment Act created a land base for Metis people.
• The 2016 Daniels Decision stated that the government now holds legal responsibility for all Metis people.

Comprehensive Land Claims Negotiation Process (63-64)

• The Four Stages include: Memorandum of Understanding, Framework Agreement, Agreement-in-Principle, Final Agreement.
• Comprehensive land claim negotiations create a "Final Agreement" that is protected by the Canadian constitution.

James Bay and Northern Quebec Agreement (65)

• It placed more power and resources in Indigenous hands than any prior agreement.
• It helped shape a new generation of Indigenous leaders, and helped pave the way for future settlements.

Industrial Development and Land Claim Settlements (66)

• Industrial development caused the Metis and Yukon First Nations to seek land claim settlements.

The Nunavut Land Claims Agreement (67-68)

• The Nunavut Land Claims Agreement was the largest comprehensive land claim in history.
• The Nunavut justice system is unique, compared to the rest of Canada, because it is sensitive to Inuit values and customs.