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=== Call for Treaties ===
=== Call for Treaties ===
Negotiation of the Number Treaties began in 1871- the first seven affected those living on the plains, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations People signing that particular treaty.<sup>[13]</sup> For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed.<sup>[14]</sup>
Negotiation of the Number Treaties began in 1871- the first seven affected those living on the plains, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations People signing that particular treaty.<ref>{{Cite journal|url = http://utpjournals.metapress.com/content/y0441600r3p20262/|title = Living Treaties, Breathing Research|last = Craft|first = Aimée|date = 2014|journal = Canadian Journal of Women and the Law/Revue Femmes et Droit|doi = 10.3138/cjwl.26.1.1|pmid = |access-date = March 31, 2015}}</ref> For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed.<ref>{{Cite book|title = Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life|last = Daschuck|first = James|publisher = University of Regina Press|year = May 13 2013|isbn = 0889772967|location = Regina|pages = 79}}</ref>


==== Government ====
=== Government ===
After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction.<sup>[15]</sup> To the west of Ontario was Rupert’s Land, fur trading territory operated by the Hudson Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony.<sup>[16]</sup> During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that “it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada … were extended westward to the shore of the Pacific Ocean.”(Copies of Correspondence) In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert’s Land Act of 1868 and the Northwest Territories Transfer Act of 1870.<sup>[17]</sup> Even though the government acquired the land from the Hudson Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area.
After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction.<ref>{{Cite book|title = The Canadian Prairies: A History|last = Friesen|first = Gerald|publisher = University of Toronto Press|year = 1987|isbn = 0802066488|location = Toronto|pages = 162}}</ref> To the west of Ontario was Rupert’s Land, fur trading territory operated by the Hudson Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony.<ref>{{Cite book|title = The Promise of the West as Settlement Frontier|last = Owran|first = Doug|publisher = University of Calgary Press|year = 2007|isbn = 1552382303|location = Calgary|pages = 3-4}}</ref> During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that “it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada … were extended westward to the shore of the Pacific Ocean.”(Copies of Correspondence) In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert’s Land Act of 1868 and the Northwest Territories Transfer Act of 1870.<ref>{{Cite web|url = https://www.aadnc-aandc.gc.ca/eng/1360948213124/1360948312708|title = The Numbered Treaties (1871-1921)|date = 2013|accessdate = March 31, 2015|website = Aboriginal Affairs and Northern Development Canada|publisher = Government of Canada|last = Government of Canada|first = }}</ref> Even though the government acquired the land from the Hudson Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area.


One of the conditions in order to ensure British Columbia would join the confederation at the time was the expansion of the Canadian Pacific Railway into its territory in order to connect it to the rest of the nation.<sup>[18]</sup> This major infrastructure project would have to go  through the interior of the newly acquired land and through First Nation Territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia’s request and the growing need for land by eastern settlers and new immigrants, treaties would have to be created with the First Nation people in the interior.
One of the conditions in order to ensure British Columbia would join the confederation at the time was the expansion of the Canadian Pacific Railway into its territory in order to connect it to the rest of the nation.<ref>{{Cite book|title = The Canadian Prairies: A History|last = Friesen|first = Gerald|publisher = University of Toronto Press|year = 1987|isbn = 0802066488|location = Toronto|pages = 171-173}}</ref> This major infrastructure project would have to go  through the interior of the newly acquired land and through First Nation Territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia’s request and the growing need for land by eastern settlers and new immigrants, treaties would have to be created with the First Nation people in the interior.


Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations People of the northern reaches and miners and traders.<sup>[19]</sup> Despite the fact that First Nations people of the Mackenzie Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented.<sup>[20]</sup> Ottawa only lobbied for treaties in the north when potential development could be supported in the region. For political and economic reasoning, the federal government would hastily put treaties into place without regards to First Nation well-being.<sup>[21]</sup>
Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations People of the northern reaches and miners and traders.<ref>{{Cite book|title = Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada|last = Miller|first = J.R.|publisher = University of Toronto Press, Scholarly Publishing Division; 3rd ed edition|year = May 17 2000|isbn = 0802081533|location = Toronto|pages = 277}}</ref> Despite the fact that First Nations people of the Mackenzie Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented.<ref>{{Cite book|title = Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada|last = Miller|first = J.R.|publisher = University of Toronto Press, Scholarly Publishing Division; 3rd ed edition|year = May 17 2000|isbn = 0802081533|location = Toronto|pages = 277}}</ref> Ottawa only lobbied for treaties in the north when potential development could be supported in the region. For political and economic reasoning, the federal government would hastily put treaties into place without regards to First Nation well-being.<ref>{{Cite book|title = Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada|last = Miller|first = J.R.|publisher = University of Toronto Press, Scholarly Publishing Division; 3rd ed edition|year = May 17 2000|isbn = 0802081533|location = Toronto|pages = 276}}</ref>


==== First Nation ====
=== First Nation ===
In regards to Treaties 1-7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance.<sup>[2]</sup> The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict<sup>[22]</sup> First Nation people were being decimated by disease, specifically smallpox, which had catastrophic ramifications for several groups. Tsuu T’ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s.<sup>[1]</sup> They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood.<sup>[1]</sup> They were eager to receive food aid and other assistance from the government, which they believed would be offered following the implementation of treaties.<sup>[23]</sup> Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nation People because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but ensure their children's’ future success in a new developed West.<sup>[24][25]</sup> In the northern regions of this untreatied land, the first nation people were suffering from similar issues, but would have to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur.<sup>[26]</sup> 
In regards to Treaties 1-7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance.<ref name=":2" /> The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict<ref>{{Cite book|title = Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life|last = Daschuk|first = James|publisher = University of Regina Press|year = 2013|isbn = 0889772967|location = Regina|pages = 96}}</ref> First Nation people were being decimated by disease, specifically smallpox, which had catastrophic ramifications for several groups. Tsuu T’ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s.<ref name=":0" /> They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood.<ref name=":0" /> They were eager to receive food aid and other assistance from the government, which they believed would be offered following the implementation of treaties.<ref>{{Cite book|title = Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada|last = Miller|first = J. R.|publisher = University of Toronto Press|year = 2009|isbn = 9780802095152|location = Toronto|pages = 152}}</ref> Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nation People because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but ensure their children's’ future success in a new developed West.<ref>{{Cite journal|url = http://www.jstor.org/stable/1602197|title = A Treaty Right to Education|last = Stewart|first = Sheila|date = 2001|journal = Canadian Society for the Study of Education|doi = |pmid = |access-date = March 31, 2015}}</ref><ref>{{Cite journal|url = http://ejournals.library.ualberta.ca/index.php/pi/article/viewArticle/1373|title = The Numbered Treaties: Similar Means to Dichotomous Ends|last = Whitehouse|first = Derek|date = 1994|journal = Past Imperfect|doi = |pmid = |access-date = March 31, 2015}}</ref> In the northern regions of this untreatied land, the first nation people were suffering from similar issues, but would have to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur.<ref>{{Cite book|title = Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada|last = Miller|first = J. R.|publisher = University of Toronto Press|year = 2000|isbn = 0802081533|location = Toronto|pages = 276}}</ref>  


== Implementation ==
== Implementation ==

Revision as of 14:47, 31 March 2015

Numbered Treaties
Map of Numbered Treaties of Canada. Borders are approximated.
ContextTreaties to transfer large tracts of land from the First Nations to the Canadian Government in return for different promises laid out in the Treaty
SignedBetween 1871 - 1921
SignatoriesKey Representatives of the British Crown: Adams George Archibald, Alexander Morris, David Laird, Duncan Campbell Scott, Wemyss Mackenzie Simpson, S.J Dawson, William J. Christie, James McKay, James MacLeod, James Hamilton Ross, J.A.J. McKenna, Samuel Stewart, Daniel G. MacMartin, Henry Anthony Conroy, Key Representatives of First Nations Groups: Crowfoot (Blackfoot Nation), Big Bear (Cree Nation), Chief Powassin (Ojibwe Nation), Chief Keenooshayoo (Athabasca First Nations)
LanguagesEnglish,
Full text
Numbered Treaties at Wikisource

The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the Aboriginal peoples in Canada (or First Nations) and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921.[1] These agreements were created to allow the Canadian Government to pursue settlement and resource extraction in the affected regions, which include modern day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories.These treaties provided the Dominion of Canada large tracts of land in exchange for promises made to the Aboriginal people of the area. These terms were dependent on individual negotiations and so specific terms differed with each Treaty.

These Treaties came in two waves—Numbers 1 through 7 from 1871-1877 and Numbers 9 through 11 from 1899-1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the development of the Canadian Pacific Railway. In the second wave, resource extraction was the main motive for government officials

Today, these agreements are upheld by the Government of Canada, administered by Canadian Aboriginal law and overseen by the Minister of Aboriginal Affairs and Northern Development. However, the Numbered Treaties are criticized and are a leading issue within the fight for First Nation rights. The 1982 Constitution Act gave protection of First Nations and treaty rights under Section 35. It states, "Aboriginal and treaty rights are hereby recognized and affirmed".[2] This phrase however was never fully defined. As a result, First Nations must attest their rights in court as the case in R v Sparrow.

Through centuries of interaction First Nations view the Numbered Treaties as sacred. As an expression of this association, First Nations in Canada and members of the Federal Government will regularly meet to celebrate milestone anniversaries, exchange ceremonial and symbolic gifts, and discuss treaty issues. Treaty Days are celebrated in Nova Scotia, Saskatchewan and Manitoba.

Background

Main article: The Canadian Crown and Aboriginal peoples
For details of treaties in British Columbia, see Status of First Nations treaties in British Columbia.

The relationship between The Canadian Crown and Aboriginal peoples stretches back to first contact between European colonialists and North American Aboriginal peoples. Over centuries of interaction, treaties were established concerning interaction between the monarch and Aboriginal peoples. Both the Royal Proclamation of 1763 and the British North American Act of 1867 established guidelines that would be later used to create the numbered treaties.

The Royal Proclamation occurred in 1763, and is considered to be the foundation of treaty-making in Canada. This proclamation established a line between the Appalachian Mountain from Nova Scotia and the southern region of Georgia, and prevented settlement beyond that specific area by white colonists.[3] The Royal Proclamation of 1763: The proclamation also established protocols that needed to be acknowledged by the governing authority in regards to purchasing land from First Nations Peoples in North America and later Canada.[4] The Royal Proclamation was created as a result of the assertion of British jurisdiction over First Nation territory. While the British laid claim over First Nation territory, uprisings from Pontiac, the Three Fire Confederacy, and other First Nations Peoples resulted in a period of violence between the two peoples as the British attempted to maintain their claim and the Natives fought to dislodge British troops from their land. As a result of these uprisings, the intention of the Royal Proclamation was to prevent future disputes.[5] The Royal Proclamation stated that the only authoritative government that was able to purchase land from First Nations People was the British Crown. One of the stipulations of this agreement was that First Nation People were to be informed and attend the public assembly regarding the purchase of lands.[6]

When the British North American Act was created, a division of power was established between the Dominion Government and its provinces that separated First Nation Peoples and settlers. The federal government retained responsibility for providing health care, education, property rights and creating other laws that would affect the First Nations people.[7][8] Following the establishment of the British North America Acts in 1867, the Dominion Government of Canada replaced the British Crown as the leading authority, and gained control of 19th century First Nations land transfers.[9]

Both the Royal Proclamation and the British North America Acts impacted the procedures of governmental and First Nations People negotiations. They set the stage for future negotiations that would occur, including the numbered treaties that would begin in 1871.

Call for Treaties

Negotiation of the Number Treaties began in 1871- the first seven affected those living on the plains, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations People signing that particular treaty.[10] For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed.[11]

Government

After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction.[12] To the west of Ontario was Rupert’s Land, fur trading territory operated by the Hudson Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony.[13] During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that “it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada … were extended westward to the shore of the Pacific Ocean.”(Copies of Correspondence) In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert’s Land Act of 1868 and the Northwest Territories Transfer Act of 1870.[14] Even though the government acquired the land from the Hudson Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area.

One of the conditions in order to ensure British Columbia would join the confederation at the time was the expansion of the Canadian Pacific Railway into its territory in order to connect it to the rest of the nation.[15] This major infrastructure project would have to go  through the interior of the newly acquired land and through First Nation Territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia’s request and the growing need for land by eastern settlers and new immigrants, treaties would have to be created with the First Nation people in the interior.

Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations People of the northern reaches and miners and traders.[16] Despite the fact that First Nations people of the Mackenzie Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented.[17] Ottawa only lobbied for treaties in the north when potential development could be supported in the region. For political and economic reasoning, the federal government would hastily put treaties into place without regards to First Nation well-being.[18]

First Nation

In regards to Treaties 1-7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance.[19] The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict[20] First Nation people were being decimated by disease, specifically smallpox, which had catastrophic ramifications for several groups. Tsuu T’ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s.[21] They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood.[21] They were eager to receive food aid and other assistance from the government, which they believed would be offered following the implementation of treaties.[22] Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nation People because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but ensure their children's’ future success in a new developed West.[23][24] In the northern regions of this untreatied land, the first nation people were suffering from similar issues, but would have to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur.[25]  

Implementation

The Numbered Treaties

Regions affected by the treaties include portions of what are now Alberta, British Columbia, Manitoba, Ontario, Saskatchewan and the Northwest Territories. When the Dominion of Canada was first formed in 1867 as a confederation of several British North American colonies, most of these regions were part of Rupert's Land and the North-Western Territory and were controlled by the Hudson's Bay Company.

The "National Dream" of Sir John A. Macdonald, the first Prime Minister of Canada, was to create a nation from sea to sea, tied together by the Canadian Pacific Railway. In order to make this dream a reality, the Government of Canada needed to settle the southern portions of Rupert's Land (present day Alberta, Manitoba and Saskatchewan).

Administration of Rupert's Land and the North-Western Territory was transferred to the Canadian government in 1869. Out of these lands, Canada created the Northwest Territories. Canadian law recognized that the First Nations who inhabited these lands prior to European contact had title to these lands. The settlement of the Northwest Territories would not be possible, if title to the land remained with the First Nations. Therefore, it was vital to the National Dream to obtain title to the lands from First Nations.

In order to obtain title to most of the lands, the Canadian government proceeded with this series of treaties. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nation or Nations signing that particular treaty (the "tract surrendered"). In exchange for a surrender of their rights and title to these lands, the First Nations were promised a smaller parcel of land as a reserve, annual annuity payments, implements to either farm or hunt and fish and the right to continue to hunt and trap or hunt, trap and fish on the tract surrendered.

First Nations peoples had been decimated by disease outbreaks, the near-extinction of the plains bison, and whiskey traders. They were eager to receive food aid and other assistance from the government. When the government asked for the land in return, they were not in a position to say no. Historians critical of the government have called its actions a "submit or starve" policy. Thus, the treaties are tainted with colour of coercion and any modern interpretation of theirs terms (see modern legal interpretation' below) would accordingly tend to favour the coerced, i.e. native side.

The plan of settling Europeans in the Canadian west was not free of conflict. Two armed rebellions resulted from this policy: The Red River Rebellion of 1869 and the North West Rebellion of 1885.[26]

List of Numbered Treaties

In the table below, you will find information about each specific number treaty including their signing date, their location, the major signers, those affected, and a brief summary of what each group received following the agreement.[27][28] The 'show' button will expand the table with this information.

Meaning & Interpretations

First Nations

A common interpretation since the American Indian Movement of the 1960s, is that the treaties were never valid because of being:

  • coerced, accordingly not an agreement between equal partners [29]
  • breached many times in their history by the government,[30] notably by the genocidal Canadian Indian residential school system and resource extraction
  • not reached by agreement with the lawful hereditary chiefs, and especially without the involvement of women who by tradition often had final authority

Government

The Assembly of First Nations, despite being composed of persons elected under the Indian Act as "Indian Agents" to perform its provisions on behalf of the federal government of Canada, maintained that the treaties were peer to peer lateral agreements between sovereignties and nothing less.

Contemporary

In 1981, all provinces other than Quebec agreed to a constitutional amendment that effectively removed the route of appeal to the UK parliament, courts, and crown.

Subsequent attempts (Meech Lake Accord, Charlottetown Accord) to try to appease the government of Quebec failed in part due to First Nations opposition. It has never been in dispute that First Nations would have to voluntarily agree with their formal treaty partner, the Canadian Crown, to modify the treaties. This was a major factor in the defeat of Charlottetown - public opinion favoured it before Elijah Harper's stand but not once it became clear that aboriginal rights might be threatened. Both Quebec and First Nations, accordingly, retained rights of direct recourse to the Queen.[citation needed]

In 2010, Canada signed the United Nations Declaration on the Rights of Indigenous Peoples. In 2011 and again in 2012 the United Nations criticized the federal government over Attawapiskat.[31] In 2012, the Federal Court of Canada ruled that 200,000 off-reserve natives and 400,000 Métis were also "Indians" under S. 91(24) of the Constitution Act, 1867. Daniels v. Canada.[32] These however had no formal representation at the Assembly of First Nations which had hitherto been assumed by the federal government to speak authoritatively on all matters involving "Indians".

In 2012 the Idle No More movement and subsequent hunger strike by Attawapiskat First Nation chief Theresa Spence brought the fact that the treaties provided for direct Crown recourse back to public attention. Chief Spence demanded direct Crown attention to the Cabinet's attempt to remove federal government oversight of lands and waters and environmental issues that duplicated provinceial oversight of the same. After an agreement by opposition parties was struck to end Chief Spence's fast, the legal analysis that supported the principle of direct Crown recourse was adamantly supported by interim Liberal Party of Canada leader Bob Rae[33] and others. Idle No More itself presented its legal analysis via Pam Palmater.[34] Her analysis resembles that of Matthew Coon Come, who summarized the Grand Council of the Cree position in a scholarly analysis of the Quebec sovereignty movement and its authority to withdraw from Confederation taking First Nations territory with it. Both his analysis and Palmater's emphasize the need for voluntary renegotiation of treaties between equal partners, and the impossibility of cutting off any avenue of appeal to the Crown.

See also

Further reading

  1. ^ "Numbered Treaty Overview". Canadiana.org (Formerly Canadian Institute for Historical Microreproductions). Canada in the Making. Retrieved 16 November 2009. The Numbered Treaties - also called the Land Cession or Post-Confederation Treaties - were signed between 1871 and 1921, and granted the federal government large tracts of land throughout the Prairies, Canadian North and Northwestern Ontario for white settlement and industrial use. In exchange for the land, Canada promised to give the Aboriginal peoples various items: cash, blankets, tools, farming supplies, and so on. The impact of these treaties can be still felt in modern times.
  2. ^ "PART II: RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA". Justice Laws Website. Government of Canada. 9 March 2015. Retrieved 10 March 2015.
  3. ^ Del Papa, Eugene (1975). "The Royal Proclamation of 1763: Its Effect upon Virginia Land Companies". The Virginia Magazine of History and Biography. 83 (4): 406. Retrieved 17 March 2015.
  4. ^ Government of Canada. "History of the Royal Proclamation". 250th Anniversary of the Royal Proclamation of 1763. Aboriginal Affairs and Northern Development Canada. Retrieved 17 March 2015.
  5. ^ Pasternak, Shiri (2014). "Jurisdiction and Settler Colonialism: Where Do Laws Meet?". Canadian Journal of Law and Society. 29 (2): 156. Retrieved 17 March 2015.
  6. ^ Beaulieu, Alain (2013). "An equitable right to be compensated: The Dispossession of the Aboriginal Peoples of Quebec and the Emergence of a New Legal Rationale (1760–1860)". Canadian Historical Review. 94 (1): 5. doi:10.3138/chr.1060. Retrieved 17 March 2015.
  7. ^ Stewart, Sheila C. (2006). "First Nations Education: Financial Accountability and Educational Attainment". Canadian Journal of Education. 29 (4): 1001. Retrieved 17 March 2015.
  8. ^ Milloy, John S. (1999). A National Crime: The Canadian Government and the Residential School System, 1879 to 1986. Manitoba: University of Manitoba Press. p. 20. ISBN 0-88755-166-1.
  9. ^ Whitehouse, Derek (1994). "The Numbered Treaties: Similar Means to Dichotomous Ends". Past Imperfect. 3: 30. Retrieved 17 March 2015.
  10. ^ Craft, Aimée (2014). "Living Treaties, Breathing Research". Canadian Journal of Women and the Law/Revue Femmes et Droit. doi:10.3138/cjwl.26.1.1. Retrieved 31 March 2015.
  11. ^ Daschuck, James (May 13 2013). Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life. Regina: University of Regina Press. p. 79. ISBN 0889772967. {{cite book}}: Check date values in: |year= (help)CS1 maint: year (link)
  12. ^ Friesen, Gerald (1987). The Canadian Prairies: A History. Toronto: University of Toronto Press. p. 162. ISBN 0802066488.
  13. ^ Owran, Doug (2007). The Promise of the West as Settlement Frontier. Calgary: University of Calgary Press. pp. 3–4. ISBN 1552382303.
  14. ^ Government of Canada (2013). "The Numbered Treaties (1871-1921)". Aboriginal Affairs and Northern Development Canada. Government of Canada. Retrieved 31 March 2015.
  15. ^ Friesen, Gerald (1987). The Canadian Prairies: A History. Toronto: University of Toronto Press. pp. 171–173. ISBN 0802066488.
  16. ^ Miller, J.R. (May 17 2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada. Toronto: University of Toronto Press, Scholarly Publishing Division; 3rd ed edition. p. 277. ISBN 0802081533. {{cite book}}: Check date values in: |year= (help)CS1 maint: year (link)
  17. ^ Miller, J.R. (May 17 2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada. Toronto: University of Toronto Press, Scholarly Publishing Division; 3rd ed edition. p. 277. ISBN 0802081533. {{cite book}}: Check date values in: |year= (help)CS1 maint: year (link)
  18. ^ Miller, J.R. (May 17 2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada. Toronto: University of Toronto Press, Scholarly Publishing Division; 3rd ed edition. p. 276. ISBN 0802081533. {{cite book}}: Check date values in: |year= (help)CS1 maint: year (link)
  19. ^ Cite error: The named reference :2 was invoked but never defined (see the help page).
  20. ^ Daschuk, James (2013). Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life. Regina: University of Regina Press. p. 96. ISBN 0889772967.
  21. ^ a b Cite error: The named reference :0 was invoked but never defined (see the help page).
  22. ^ Miller, J. R. (2009). Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada. Toronto: University of Toronto Press. p. 152. ISBN 9780802095152.
  23. ^ Stewart, Sheila (2001). "A Treaty Right to Education". Canadian Society for the Study of Education. Retrieved 31 March 2015.
  24. ^ Whitehouse, Derek (1994). "The Numbered Treaties: Similar Means to Dichotomous Ends". Past Imperfect. Retrieved 31 March 2015.
  25. ^ Miller, J. R. (2000). Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada. Toronto: University of Toronto Press. p. 276. ISBN 0802081533.
  26. ^ "Reminiscences of the North-West Rebellions". Boulton, Charles A. Toronto. 1886. Retrieved 16 November 2009. One of the first acts of the new Parliament was to provide for the transfer of the North-West Territory to the Dominion of Canada. Negotiations, however, had first to be opened up with the Hudson's Bay Company, which for many years had enjoyed a charter giving them exclu- sive trading privileges in furs. Their charter was granted them as early as the reign of Charles the Second. The Company's means of access to England was chiefly by the shores of Hudson's Bay, the communication being maintained by an annual ship which brought out the season's outfit and carried back the furs. Thus isolated from Canada, little was known to the Canadian people of the vast resources of the Hudson's Bay region. But the value of the fur trade had early attracted the enterprise of the inhabitants of the shores of the St. Lawrence, and under the title of the North-West Company" an association of traders, penetrated the confines, of the vast territory. It is thus due to Canadian enterprise that this fertile belt is now under the Government of the Dominion ion of Canada
  27. ^ "Treaty Texts". Aboriginal Affairs and Northern Development. Government of Canada. 29 August 2013. Retrieved 3 March 2015.
  28. ^ "Canada in the Making: Treaty Overview". Canadiana. Retrieved 3 March 2015.
  29. ^ Pithouse, Kathleen; Mitchell, Claudia; Moletsane, Relebohile (2009). Making Connections: Self-Study & Social Action. Peter Lang. pp. 208–209. ISBN 1433105012.
  30. ^ Knight, David B.; Joseph, Alun E. (1999). Restructuring Societies: Insights from the Social Sciences. McGill-Queen's Press. pp. 140–142. ISBN 0886293502.
  31. ^ "UN envoy criticizes government over Attawapiskat". CTV News. 20 December 2011. Retrieved 29 January 2013.
  32. ^ "Federal Court grants rights to Métis, non-status Indians". CBC. 8 January 2013. Retrieved 29 January 2013.
  33. ^ "Struggle will continue: Spence Spokesman". CBC. 24 January 2013. Retrieved 29 January 2013.
  34. ^ Bambury, Brent (4 January 2013). "Pam Palmater: Treaty Rights, Bill C-45 and Idle No More". CBC Radio. Retrieved 29 January 2013.
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