Treaties
Background
The British extended its sovereignty in Canada in the 18th century. In doing so, it did not deny the legal rights of the Canadian Aboriginal peoples to continue to occupy their traditional lands. A royal proclamation of 1763 expressly reserved to Aboriginal peoples as their hunting grounds such parts of British territories that had not been ceded to or purchased by the British. The proclamation also recognised that where Aboriginal lands were to be settled, they had to be purchased by agreement with the Crown. During the 18th century through to the early 20th century, Aboriginal peoples entered into treaties that ceded large tracts of lands in return for reserve lands and other benefits. Much of Canada's land mass is covered by treaties. Currently, there are approximately 70 recognised treaties that form the basis of the relationship between 364 First Nations and the Crown.
- Treaties and Agreement NegotiationsSee more information on the on the Treaties and Agreements website of the Canadian Government's Crown-Indigenous Relations and Northern Affairs Canada.
- Comprehensive Land ClaimsThese claims arise in areas of Canada where Aboriginal land rights have not been dealt with by past treaties or through other legal means. In these areas, modern treaties are negotiated between the Aboriginal group, Canada and the province or territory. These treaties are implemented through legislation and remain the most comprehensive way of addressing Aboriginal rights and title and achieving certainty about the ownership, use and management of land and resources.
- Self- GovernmentSome treaties also include provisions relating to Indigenous self-government. The rights set out in the treaties receive constitutional protection.
Finding historic treaties
- Treaty TextsThe Treaty Texts page of the Crown-Indigenous Relations and Northern Affairs Canada website contains the full text of many of the concluded treaties, dating from the mid 1700's to the early 1900's. This collection is listed by Treaty.
- Library and Archives CanadaLibrary and Archives Canada holds an extensive, but not complete, collection of historic Canadian Indian treaties, land surrenders, and related agreements between the Crown and First Nations. There are currently 524 documents in a searchable database. This collection is searchable only - it cannot be browsed.
Claims and Modern
- Comprehensive Land ClaimsThese claims arise in areas of Canada where Aboriginal land rights have not been dealt with by past treaties or through other legal means. In these areas, modern treaties are negotiated between the Aboriginal group, Canada and the province or territory. These treaties are implemented through legislation and remain the most comprehensive way of addressing Aboriginal rights and title and achieving certainty about the ownership, use and management of land and resources.
- Self- GovernmentSome treaties also include provisions relating to Indigenous self-government. The rights set out in the treaties receive constitutional protection.
- Specific ClaimsThese are claims for compensation for past grievances of First Nations related to Canada's obligations under historic treaties or the way it managed First Nations' funds or other assets. These claims do not always involve land.
- Specific Claims TribunalSpecific claims that cannot be resolved by negotiation are heard in the the Specific Claims Tribunal.
For more detail on specific claims, see the following book:
Ally Author
By law or in justice : the Indian Specific Claims Commission and the struggle for indigenous justice by Call Number: E-bookPublication Date: Purich Books, 2018
Books
First Nation Authors
From recognition to reconciliation : essays on the constitutional entrenchment of Aboriginal and treaty rights by Call Number: KM 37 Q43 FROMPublication Date: Univ Toronto Press, 2016
Aboriginal Rights Claims and the Making and Remaking of History by Call Number: BA 346.043208997 RAYPublication Date: McGill-Queen's University Press, 2016See chapters 3: Litigating and Negotiating Native Title and Treaty Rights in Canada; and 7: The Metis in Court: Problems of Discrimination, Identity, and Community
