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Inherent Rights of Indigenous Peoples

This document discusses the inherent rights of Aboriginal peoples in Canada, focusing on the Dene Nation's struggle for recognition and self-determination. It highlights the historical context of colonialism and the importance of defining terms related to rights and nationhood. The text emphasizes the need for the Dene Nation to be acknowledged as a distinct people within Canada and the broader world community.

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0% found this document useful (0 votes)
6 views34 pages

Inherent Rights of Indigenous Peoples

This document discusses the inherent rights of Aboriginal peoples in Canada, focusing on the Dene Nation's struggle for recognition and self-determination. It highlights the historical context of colonialism and the importance of defining terms related to rights and nationhood. The text emphasizes the need for the Dene Nation to be acknowledged as a distinct people within Canada and the broader world community.

Uploaded by

0825xjring
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CHAPTER ONE

Inherent Rights
c
c
c
AS YOU READ
c Dene Declaration*
c
c Indian Brotherhood of the Northwest
This book is about the contemporary c Te r r i t o r i e s , 1 9 7 5
political, economic, and social issues c
that Aboriginal peoples (First Nations, c
c STAT E M E N T O F R I G H T S
Métis, and Inuit) face in Canada today. c
Many of these issues involve the c We the Dene of the N.W.T. insist on the
protection of various kinds of rights. c right to be regarded by ourselves and the world
c
A right is the authority to act or be c as a Nation.
treated in a particular way. How would c Our struggle is for the recognition of the
you define inherent rights, the title c Dene Nation by the Government and people
c
and subject of this chapter? Refer to c of Canada and the peoples and governments of
a dictionary, if necessary, to write a c the world.
definition in your own words. c
c As once Europe was the exclusive homeland
The reading that begins this chapter c of the European peoples, Africa the exclusive
is one of many declarations that you c
c homeland of the African peoples, the New
will learn about in this course. It was c world, North and South America, was the
adopted on July 19, 1975, by the c
c exclusive homeland of Aboriginal peoples of the
Indian Brotherhood of the Northwest
c New World, the Amerindian and the Inuit.
Territories (now called the Dene Nation) c
at a meeting in Fort Simpson, Northwest c
The New World like other parts of the
Territories. As you read this declaration, c world has suffered the experience of colonialism
c and imperialism. Other peoples who have
make a list of the rights the Dene c
Nation is asserting. What goals seem c occupied the land — often with force — and
most important? Upon what or whose c foreign governments have imposed themselves
c
authority does the Dene Nation assert c on our people. Ancient civilizations and ways of
its rights? c life have been destroyed.
c
c Colonialism and imperialism is now dead or
FOCUS QUESTIONS
c dying. Recent years have witnessed the birth of
c new nations or rebirth of old nations out of the
c
As you read this chapter, think about these c ashes of colonialism.
questions: c As Europe is the place where you will find
c
n Who are indigenous peoples? c European countries with European governments
n What do the terms inherent rights, c for European peoples, now also you will find in
self-determination, self-government, c
c Africa and Asia the existence of African and Asian
and sovereignty mean? c countries with African and Asian governments
n What inherent rights do indigenous c
peoples have? c for the African and Asian peoples.
n What is the difference between collective
c The African and Asian peoples — the peoples
c of the third World — have fought for and won
rights and individual rights? c
n How has colonization affected the rights c
c
of Aboriginal peoples in Canada? c
n How did treaties function in traditional c * At the request of the Dene Nation, the spelling,
First Nations political systems? c capitalization, and punctuation in this document
c have been reproduced exactly as in the original.
c
c
c
2
c
c
c
the right to self-determination the
right to recognition as distinct
peoples and the recognition of
themselves as nations.
But in the New World the native
peoples have not fared so well. Even
in countries in South America We the Dene are part of the The flag shown here
where the Native peoples are the Fourth World. And as the peoples represents the Dené Tha’
vast majority of the population there and Nations of the world have come First Nation in Alberta.
What is the function of
is not one country which has an to recognize the existence and rights a flag? With a partner,
Amerindian government for the of those peoples who make up the think of at least three
Amerindian peoples. Third World the day must come flags and describe what
Nowhere in the New World and will come when the nations of country or group of
have the Native peoples won the the Fourth World, will come to be people each represents.
In your opinion, how
right to self-determination and the recognized and respected. The significant are flags to a
right to recognition by the world as challenge to the Dene and the world group’s sense of identity?
a distinct people and as Nations. is to find the way for the recognition
While the Native people of of the Dene Nation.
Canada are a minority in their Our plea to the world is to help
homeland, the Native people of the us in our struggle to find a place in
N.W.T., the Dene and the Inuit, are the world community where we
a majority of the population of the can exercise our right to self-
N.W.T. determination as a distinct people
The Dene find themselves as part and as a nation.
of a country. That country is Canada. What we seek then is independ-
But the Government of Canada is ence and self-determination within
not the Government of Dene. The the country of Canada. This is what
Government of the N.W.T. is not we mean when we call for a just land
the government of the Dene. These settlement for the Dene Nation.
governments were not the choice of
the Dene, they were imposed on the
Dene.
What we the Dene are struggling p REFLECTION
for is the recognition of the Dene The Dene Declaration refers to the Dene Nation as part
Nation by the governments and of the fourth world. With a partner, use an Internet search
peoples of the world. engine to find definitions for the term fourth world. Try
And while there are realities we using “fourth world” definition as a search term. How is
are forced to submit to, such as the the fourth world different from the third world (today
existence of a country called Canada, known by the preferred term developing world )? What
cultural biases are inherent in terms such as first world
we insist on the right to self-
and third world? A cultural bias is an attitude that
determination as a distinct people and
favours one culture over another.
the recognition of the Dene Nation.

3
c
c
c
c
Nations, Peoples, and Inherent Rights
c
c
the English word nation is from a
AS YOU READ Latin word meaning “birth.” In
The Dene Declaration from pages 2–3 states the Dene both languages, the concept of nation
people’s right to be recognized as a nation. It also flows from a sense of birthright and
declares Dene rights to self-determination and family. In this view, a nation is a
independence. How does it define self-determination? group of people who share common
This section defines many terms related to rights. kinship, culture, history, language,
These terms will be the foundation of your work in the beliefs, and values. This sense of
rest of this course. Each time you encounter a bold-face nation links people by identity, but
term, write a definition for it using the information on the not necessarily physical location
page and the glossary at the back of the book. or territory.
A different definition maintains
that a nation is a group of people
occupying a particular territory
A
NATION is an identifiable group of people. However,
with a common government. For
the criteria used to identify a nation varies from
example, Canada and the United
definition to definition. Although arguing over the States each have a distinct territory
and independent government. Each
meaning of a word might seem trivial, defining the is a nation that includes people with
c factors that unite a group of people a variety of languages, cultural
c
c into a nation is key to understanding identifications, beliefs, and historic
c the kinds of rights that group is able ties of kinship.
c Neither of these definitions easily
Indigenous peoples c to exercise.
from around the world c One definition of nationhood includes all Aboriginal peoples in
further their rights by c involves a sense of common identity. Canada: First Nations, Métis, and
co-operating and c
c The Haudenosaunee (Iroquois) Inuit. Some Aboriginal peoples that
learning from one c
another. Here, Grand word for the concept of nation, share a territory have a sense of
c
Chief George Manuel c kanakerahsera, has the root naker, common identity, such as the Inuit
of the Secwepemc c which means “to be born.” Similarly, in the Arctic or First Nations with
c
(Shuswap) First Nation c reserves. Other people who share a
greets a delegation of c territory have different cultural
Ainu women from Japan c identities, such as First Nations and
in the late 1970s. The c
Ainu are indigenous c Métis people in the Northwest
c Territories. Still others, like the Métis
to the Japanese c
island Hokkaido. The c of western Canada, share a sense of
women were part of a c identity, but lack a common territory.
delegation from Japan c
c
sent to learn about First
Nations in Canada.
c INDIGENOUS PEOPLES
c
George Manuel spent c A discussion of nations and their
much of his life helping c rights is not limited to Canada.
indigenous peoples c Aboriginal peoples are indigenous
c
around the world. Learn c to Canada, but indigenous peoples
more about George c exist all over the world. Indigenous
Manuel and write a c
two-page profile of c peoples originate from a particular
c territory, which they consider their
his life and work. c

4 CONTEMPORARY ISSUES
owledge
place of origin and their home- Kn
land. They are descendants of the

enous
land’s original inhabitants. Aborig-
inal languages have their own ways Indigenous communities, peoples, and nations

di g
of defining indigenous peoples. In are those which, having a historical continuity
Nehiyaw (Cree) describes indige- with pre-invasion and pre-colonial societies
nous peoples as ota ê-kî ahikoyahk that developed on their territories, consider
themselves distinct from other sectors of the
kisê manitô, which means “where
societies now prevailing in those territories, or
the Creator placed us.” Blackfoot parts of them. They form at present non-dominant
describes indigenous peoples as sectors of society and are determined to
Iitoomitsipo’toaiksi, iitoomita’pawa- preserve, develop, and transmit to future
awahkaiksi, or “those who were put generations their ancestral territories, and their
here first, those who were here first.” ethnic identity, as the basis of their continued
Indigenous peoples stand in con- existence as peoples, in accordance with
trast to immigrants, who move from their own cultural patterns, social institutions,
one territory to make a new home in and legal systems.
another territory. In some cases, — United Nations Special Rapporteur
immigrants are supported by their J. Martinez Cobo
homeland in an effort to colonize
the new territory. Colonization is According to Martinez Cobo, what history do indigenous
the attempt to control another peoples share? What goals for the future do they share?
country and transform it into a Why do they have these goals?
replica of the colonizing country.
A significant difference between
indigenous and immigrant peoples is peoples, we mean indigenous na-
illustrated by the following example, tions — the groups who were first to
often used by Aboriginal peoples to inhabit specific territories around
explain the importance of preserving the world.
their languages. Immigrants to Around the world, each indige-
Canada might lose their languages, nous people has a different culture,
but could always return to their history, and contemporary situation.
original countries to re-learn them. The term indigenous peoples is broad
Their languages have their origins in and includes diverse groups. For
other places. For Aboriginal peoples, example, some indigenous people,
Canada is their original country. such as the Sámi people from north-
Aboriginal languages that cease to ern Europe, are Caucasian, unlike
exist in this country become extinct. many other indigenous peoples
The word nation is sometimes around the world. In Canada, because
used interchangeably with the word of their unique history and the
people. Used in this way, people is not language used in Canadian legal
the plural of person, referring to a documents, indigenous peoples are
group of individuals. In this special more commonly referred to as
meaning, people is the group as a Aboriginal peoples. Aboriginal peoples
whole. A people has special rights is an umbrella term that includes
recognized by international law. highly diverse First Nations, Métis,
When we use the term indigenous and Inuit groups.

INHERENT RIGHTS 5
c
c
c

A S U M M A RY O F C O L O N I A L H I S T O RY I N C A N A D A

As you learned from the words of United Nations Special Rapporteur J. Martinez Cobo on page 5,
indigenous peoples around the world have histories of colonization by other nations. Pages 6–7 review
the history of the relationship between Aboriginal peoples and the governments that colonized Canada.
Each group of Aboriginal people in Canada was affected differently by colonial policies, so all aspects
of this summary do not apply to all Aboriginal groups. You will learn more about the specific experiences
of First Nations, Métis, and Inuit peoples in later sections of this textbook.
The information on these pages is adapted from People to People, Nation to Nation: Highlights from
the Report of the Royal Commission on Aboriginal Peoples, which was published in 1996. It summarizes
many centuries of history into four stages.
Most of this information is likely a review of material you learned in other courses. If this history
is unfamiliar, do some of your own research. You might start by reading the full Royal Commission
highlights document at [Link].

Stage 1: Separate Worlds


There was a time when Aboriginal peoples (First Nations and Inuit) in the
Americas and European peoples lived on separate continents and knew nothing
of one another. Before 1500, societies in the Americas and in Europe developed
along separate paths. The differences in their languages, cultures, and social
traditions were enormous. On both sides of the Atlantic, independent peoples
with their own social, economic, and political systems flourished and grew.

Stage 2: Nation-to-Nation Relations


In the years after first contact, First Nations and European nations developed fragile
relations of peace, friendship, and rough equality. Cautious co-operation, not conflict,
was the theme of this period, which lasted into the eighteenth or nineteenth century,
depending on the region. Early contact unfolded roughly as follows:
• mutual curiosity and apprehension
• an exchange of goods, tentative at first, then expanding steadily
• barter and trade deals, friendships and intermarriage, creating bonds between
individuals and families
• military and trade alliances, creating bonds between and among nations
For the most part, First Nations and European nations saw each other as separate, distinct, and
independent. Each was in charge of its own affairs. Each could negotiate its own military alliances and
trade agreements. This co-operation was seen in treaties, both those in writing and those recorded
by First Nations oral history and wampum belts, as well as in the Royal Proclamation of 1763.

Stage 3: Respect Gives Way to Domination


In the nineteenth century, power tilted towards Euro-Canadian peoples and their governments.
European settlers displaced First Nations and Métis peoples from much of their land and
tried to impose European ways upon them. Euro-Canadian peoples gained power during this
period from four changes that were transforming the country:
• The population mix was shifting to favour settlers. Immigration continued to add to their numbers,
while disease and poverty diminished Aboriginal nations. By 1812, immigrants outnumbered
Aboriginal people in Upper Canada by a factor of ten to one.

6 CONTEMPORARY ISSUES
• The fur trade was dying, and with it the old economic partnership between traders and
trappers. The new economy was based on timber, minerals, and agriculture. It needed
land — not labour — from Aboriginal peoples, who began to be seen as impediments to
progress instead of valued partners.
• Colonial governments in Upper and Lower Canada no longer needed Aboriginal nations as
military allies. The British had defeated all competitors north of the forty-ninth parallel. South
of it, the United States had fought for self-government against the British and won. The
continent was at peace.
• An ideology proclaiming European superiority over all other peoples on Earth was taking
hold. Europeans travelled throughout the world, taking charge of colonies to add to their
countries’ wealth. The ideology of superiority provided a rationale for policies of domination
and assimilation that slowly replaced policies of partnership in the North American colonies.
Ironically, the transformation from mutual sovereignty to domination by Euro-Canadian laws and
institutions began with the documents of the era of nation-to-nation relations: treaties and the Royal
Proclamation of 1763. These documents offered First Nations peace and friendship, respect and
some degree of equality, but also “protection.”
The government’s policy of protection was the leading edge of domination. At first, it meant
preservation of First Nations lands and cultural integrity from encroachment by settlers. Later, it
meant assistance, which in reality meant help in assimilating into Euro-Canadian settler society.
Policies of protection took the form of compulsory European-style education, economic adjustment
programs, social and political control by federal agents, and more.

Stage 4: Renewal and Renegotiation


Policies of domination and assimilation battered traditional Aboriginal institutions,
sometimes to the point of collapse. Poverty, ill health, and social disorganization
grew worse.
Resistance to assimilation went underground. In the fourth stage of the relationship, resistance
caught fire and began to grow into a political movement. One stimulus was the federal government’s
White Paper on Indian policy, issued in 1969.
First Nations were nearly unanimous in their rejection of the proposed changes. With Inuit and
Métis communities, they began to realize the full significance of their cultural survival in the face of
sustained efforts to assimilate them. They began to see their struggle as part of a worldwide human
rights movement of indigenous peoples. They began to piece together the legal case for their
continuity as peoples — nations within Canada — and to speak out about it.
This is the stage of contemporary Aboriginal political, economic, and social renewal in Canada.

p REFLECTION
1. As a class, discuss each of the four stages, contributing additional information that you know
from other courses or reading that you have done. In particular, think about how First Nations,
Métis, and Inuit people’s experiences differed from one another.
2. How useful do you find the Royal Commission’s summary? Does it adequately portray the
changing relationship between Aboriginal peoples and other Canadians? Would you divide
the history into different stages or represent the history in a different way? If so, how and
why would you do this?
3. Research background on the Royal Commission and prepare a summary that answers the
following questions: Who? What? When? Where? Why? How?

INHERENT RIGHTS 7
c
c
c
c
c
c
c
c HUMAN AND justified, under this belief of superi-
c ABORIGINAL RIGHTS ority, in attempting to change,
c
c The period of renewal and renego- control, or destroy the cultures they
c tiation described on page 7 gained encountered.
c momentum in the 1970s, but To a great extent, World War II
c
c actually began many years earlier. It changed this thinking. In Germany,
c began with a fundamental change in the Nazi government’s extreme
c
c the way colonizing countries viewed racism proclaimed that Aryan (non-
c colonized nations. Jewish Caucasian) people were
c
c This change in attitude was genetically superior to others. These
c expressed on December 10, 1948, beliefs led to the systematic murder
c
c when the United Nations adopted of millions of people. Individuals
c the Universal Declaration of Human and countries around the world were
c Rights. This declaration asserted horrified. Even before the war ended,
c
c that no cultures and no individuals a group of nations were working
c are superior to any others. The together to try to prevent anything
c
c declaration stated that all people are similar from ever happening again.
c equal and deserving of rights and In 1945, fifty-one countries
c
c dignity. These human rights are formed the United Nations. Accord-
c above any rights guaranteed by a ing to the declaration of human rights
c
c constitution, set of laws, or govern- adopted three years later, all peoples
c ment. A person has these rights have the right to determine their
c simply by virtue of being human. own political, economic, social, and
c
c Human rights are an inherent part cultural futures without external
c of human existence. interference from other nations.
c
c Throughout colonial history, In the years following World
c Europeans had acted under the belief War II, most European colonial
c
c that societies with more advanced empires were dismantled, creating
c technologies also had people who many more independent countries
c
c were more advanced. In centuries in the international community.
c past, when European countries col- European countries were recovering
c onized new territories — Asia, Africa, from an expensive war and could no
c
and the Americas — they felt longer justify having colonies —
owledge c
Kn c financially or politically. Nor could
enous

they justify them morally in the face


Despite the Universal Declaration of Human of changing attitudes about equality
Rights, the situation for indigenous peoples
di g

and human rights.


In around the world did not always change for the Some countries, such as India,
better. In response, the United Nations issued
Sri Lanka, and Burma, became
its Draft Declaration on the Rights of Indigenous
Peoples in 1989. The statement has been revised
independent, as they had been be-
many times. With a partner, use the Internet to fore European colonization. Other
find copies of the Universal Declaration of Human countries, such as many of those in
Rights and the most recent Draft Declaration on East and West Africa, were created
the Rights of Indigenous Peoples. How do the from groups of formerly inde-
two documents compare? pendent territories or kingdoms.

8 CONTEMPORARY ISSUES
In other parts of the world, such In 1923, a Cayuga chief
as the United States and Canada, the named Deskaheh
travelled to Geneva,
situation for indigenous populations Switzerland, to visit the
remained unchanged. Aboriginal League of Nations.
peoples in North America were not Following World War I,
recognized by the world community the league was formed
as independent nations. to resolve disputes
between countries.
Aboriginal Rights Deskaheh asked the
In the civil rights movement of the league to support the
1960s, African Americans demanded Haudenosaunee right
to independence from
to have the same rights as other Canada. Why do you
American citizens. This inspired think Deskaheh is
Aboriginal peoples to make their own wearing a feathered
demands. In the United States, the headdress that is part
American Indian rights movement of Plains First Nations
cultures, not his own?
expressed the rights of indigenous
peoples in that country.
In Canada, First Nations, Métis,
and Inuit political groups gained
strength in their assertion of
Aboriginal rights. Aboriginal rights
belong to a group of people because Nations, Métis, and Inuit groups
of their position as indigenous have resisted Canadian government
peoples. They and their ancestors policies and legislation in ways that
have a long history of occupying range from quiet resistance to
and using the land. This history armed conflict.
entitles them to certain cultural and Most Aboriginal rights involve
land rights. land. A land claim is when a group
The Aboriginal rights movement of people asserts its right to title
gathered momentum during the or other rights regarding certain
1960s, but Aboriginal peoples’ territories. Aboriginal title is a
demands for self-determination legal right to the exclusive use and
began much earlier. For example, occupancy of a specific territory,
Métis calls for autonomy date back which is usually ancestral land. Both
to the Red River settlements in the these terms will be explored in more
early nineteenth century. Many detail in Chapters Three and Four.
people consider the Battle of Seven
Oaks in 1816 as the beginning of owledge
Kn
Metis nationalism. Leaders from
enous

the Six Nations Confederacy have Research the basic history of the American civil rights
declared their independence from movement using a resource such as an encyclopedia. As
di g

British and Canadian authority In a class, compare demands for equal rights to demands
since the late eighteenth century. for Aboriginal rights. How are these rights different?
Throughout Canadian history, First

INHERENT RIGHTS 9
c
c
c
c
c
c
c
c COLLECTIVE AND good for the group. For example,
c INDIVIDUAL RIGHTS individuals living on the land might
c
c All Aboriginal rights are collective want to hoard food to make sure
c rights, which means they belong to they have enough to survive a long
c a group of people. For example, the winter, even if this means other
c
c traditional knowledge of a particular people in their group will not have
c First Nation or Inuit group belongs enough to eat.
c
c to the whole group, including ances- In reality, most governments
c tors of the group and those who are protect people’s rights to pursue their
c
c yet to be born into the group. own interests only as long as this
c Traditional knowledge includes pursuit does not infringe upon other
c
c generations of experience with people’s ability to do the same. The
c aspects of life such as the behaviour purpose of a government is to ensure
c of animals, seasonal change, tradi- balance between various individual
c
c tional medicines, and plant cycles. self-interests. If the act of hoarding
c A few individuals in a group might food did not prevent other people
c
c be entrusted with this knowledge, from hoarding their own food, that
c but the information itself is collec- right would be protected.
c
c tive property. Traditional Aboriginal forms
c In Blackfoot, the concept of a governance did not distinguish
c
c collective right to land is described between individual self-interest and
c as O’kiowaissksaahko. Kimaatotam- the interests of the group. They were
c sksaahkoominnoona. Manaakitapiiwa seen as one and the same. Individuals
c
c mattsito’tohkoikiwai. (The land is who act against the good of the
c collectively owned by our people. group would be perceived as acting
c
c It is not ours alone. The ones who against their own interests as well.
c have not yet been born have a right Using the example of the indi-
c
c to it, too.) In the Cree language, a vidual hoarding food, such selfishness
c similar concept is expressed by would be perceived as a foolish
c
c Kisê manitô ôta ê-kî ahikoyahk ta depletion of the individual’s support
c nâkatteyihtamahk ôma askiy. (The network. What if the individual
c Creator has placed us here to look survived the winter, but became sick
c
c after this land.) The Dene Sù¬iné say or injured and unable to hunt in the
c Setsune adi nuhni theh djà nahide hih. spring? Without the support of the
c
c (Grandmothers say that this is our group, the person might not survive.
c land. The Dene Sù¬iné are the first The collective rights that belong
c
c people of North America.) to an Aboriginal group vary from
c In contrast, cultures based on nation to nation and community to
c
c Western European philosophical community, depending on their his-
c thinking tend to define rights in tory and culture. For example, one
c individual terms. Individual rights First Nation may have an Aboriginal
c
c protect people’s ability to pursue right to fish, while another may have
c their lives in their own self-interest. a right to hunt moose. Aboriginal
c
c This worldview asserts that what is leaders maintain that these rights
c good for an individual might not be include everything necessary to live
c

10 CONTEMPORARY ISSUES
a good life, including rights to land Many leaders frame this demand
and the right to preserve language, as the desire for self-government,
values, and political, economic, cul- through which they hope to achieve
tural, legal, and spiritual systems. In all the goals of self-determination.
the Canadian legal system, Aboriginal Self-government is a community’s
rights are defined on a case-by-case right to make decisions about matters
basis by the courts. Chapters Two, internal to the community. It is also
Three, and Four explore the impli- the most common means of achiev-
cations of this process. ing self-determination in Aboriginal
communities today, and has become
INHERENT RIGHTS an integral part of land-claims
Aboriginal rights are inherent rights. negotiations.
Inherent rights cannot be taken
away, transferred, or surrendered. A Declaration of First Nations
Inherent rights cannot be given, but We the Original Peoples of this land know the Creator
can be recognized, by a government. put us here.
These rights are sometimes called The Creator gave us laws that govern all our
inalienable rights. relationships to live in harmony with nature and mankind.
Aboriginal leaders often stress
The Laws of the Creator defined our rights and
that their nations have the inherent
responsibilities.
right to sovereignty, or indepen-
dence, and have had this right from The Creator gave us our spiritual beliefs, our
languages, our culture, and a place on Mother Earth
time immemorial. The right was
which provided us with all our needs.
never lost, although the ability to
exercise the right may have been. We have maintained our Freedom, our Languages,
Some people misunderstand and and our Traditions from time immemorial.
respond negatively to a demand for We continue to exercise the rights and fulfill the
sovereignty, seeing the demand as responsibilities and obligations given to us by the
the desire to separate from Canada. Creator for the land upon which we were placed.
Most Aboriginal leaders do not want The Creator has given us the right to govern ourselves
to pursue separation, but want to and the right to self-determination.
prevent the federal government The rights and responsibilities given to us by the Creator
from imposing rules upon or inter- cannot be altered or taken away by any other nation.
fering in Aboriginal ways of life. — Assembly of First Nations
Perhaps because sovereignty
can be a controversial term, most
Aboriginal leaders call instead for LOOKING BACK
the right to self-determination.
Self-determination allows control Create a concept map that
shows relationships between all
over such areas as education, cultural
the bolded words in this section.
preservation, economic development,
Add details or examples that will
and government. Self-determination help you remember what each
is ultimately the right of a nation to concept means.
determine its own future.

INHERENT RIGHTS 11
c
c
c
c
Independence and Interdependence
c
c
language, institutions, geographic
AS YOU READ environment, and other factors.
When Europeans first arrived and began to explore There is no single First Nations
North America, the First Nations and Inuit peoples they culture or worldview. First Nations
encountered had diverse political, economic, social, and differ from one another just as
spiritual systems. Each group was an independent nation. European nations differ from one
Relationships between groups were conducted accordingly, another. That said, First Nations
with nation-to-nation negotiations and agreements. cultures share many general features
For many years, European nations worked within in their approach to the world. Inuit
these systems. Until the end of the eighteenth century, people and some Métis people share
Europeans, First Nations, Inuit, and later Métis people, similar cultural beliefs. Despite the
negotiated relationships with one another as independent similarities, keep in mind as you read
nations. Pages 12–18 describe traditional First Nations this section that each Aboriginal
ways of thinking about their world and the place of other group has its own way of expressing
nations within it. As you read, make a list of the values
these beliefs through unique sym-
that underpin this view of the world and how agreements
bolism, customs, and institutions.
between different nations showed these values.
This discussion focuses upon
traditional First Nations world-

A
WORLDVIEW is the perspective from which a person views, which were those common
before regular contact with Euro-
perceives, understands, and reacts to the world
pean cultures began in the sixteenth
around them. An individual’s worldview is shaped by century. Some traditional First
Nations people today hold beliefs
age, gender, experience, family history, and language,
that stem back to this time period.
c among other characteristics that In general, First Nations world-
c
First Nations and Inuit c make individuals unique. However, views are holistic. This means they
c people from the same culture tend to focus on the whole of creation, rather
oral traditions include c
creation stories, such as c share relatively similar worldviews. than on individual parts of creation,
the one represented by c This results from a shared cultural such as humans. In this sense of the
Bill Reid’s sculpture c
c history, spiritual or religious beliefs, world, people are simply one part of
The Raven and the c the universe, no more or less impor-
First Men. Creation c
stories explain how c
tant than any other. The Creator
First Nations and Inuit c put humans on Earth and provided
peoples came into c everything needed to live a good
c
existence and how they c life. In return, humans are required
and other elements of c to respect natural laws. Natural laws
creation should live on c
the land. Find the c are those that can be learned over
Haida creation story c generations by closely observing
c
represented by this c how the natural world works.
famous sculpture and c Although each First Nation
compare it to a creation c traditionally lived in a specific
story from a local First c
c territory, it did not see itself as the
Nation. How do the c
stories show the people owner of the land in the European
c
to be an indigenous c sense. Nations, clans, and family
part of their land? c groups sometimes asserted control
c

12 CONTEMPORARY ISSUES
over their traditional territory —
determining who could hunt or Under Cree law, the traditional lands of the Pimicikamak
farm there, for example — but the people do not belong to them. Rather, the people
concept of individual land owner- belong to the land. They are the stewards of the land.
The land provided the means of their survival since the
ship was alien. Rather, traditional
last Ice Age more than 10 000 years ago.
beliefs hold that the people and the
— Pimicikamak Cree Nation, Power Positive Project:
land are intertwined, along with Legal and Human Rights Issues
other living things and spirits — all
living under the Creator’s laws.
The Creator’s teachings are re-
inforced through the oral tradition, Our roots are deep in the lands where we live. We
which is the collection of spoken have a great love for our country, for our birthplace is
words that pass down a culture’s here. The soil is rich from the bones of thousands of
generations. Each of us was created in these lands
teachings from generation to genera-
and it is our duty to take great care of them, because
tion. This tradition is the philosoph-
from these lands will spring the future generations of
ical basis of First Nations cultures. our peoples. We walk about with great respect, for the
A holistic attitude applies to Earth is a very Sacred Place.
interpersonal relationships as well. — Sioux, Navajo, and Iroquois Declaration, 1978
As you learned in the discussion of
collective rights on pages 10–11, First
Nations cultures traditionally focus because of their wisdom, rather
on the interests of the group rather than their ability to coerce others.
than the interests of the individual. Harmony depends on balance be-
This worldview translates into tween personal autonomy and the
economic practices of sharing and needs of the group, or independence
mutual support — key strategies and interdependence.
for living on the land. Each person The cultural importance placed
depends on others and in turn is de- on living in harmony within a group
pended upon. By supporting one was traditionally extended to other
another, the group as a whole is nations. First Nations recognized
stronger. Individuals are seen as inter- and respected each other’s right to
dependent components of a whole. exist, make decisions, and pursue
Politically this worldview tran- ways of life according to different
slates into practices such as spiritual and cultural beliefs. Most
consensus decision making and First Nations have traditional prac-
community participation. Decisions tices of non-interference in the
made through consensus are reached affairs of other nations. In return,
through discussion and general they expected the same respect from
agreement among members of a others. For example, most groups
group, rather than by voting or the respected one another’s tradi-
will of the strongest. Individuals have tional territories. Where conflicts
personal autonomy — indepen- occurred, treaties were a traditional
dence, or the freedom to choose method of resolving problems.
their own course of action. Leaders Treaties are agreements between
are supported by their community sovereign nations.

INHERENT RIGHTS 13
c
c
c
c
c
c
c
c E A R LY T R E AT I E S
Cayuga, and Seneca agreed to form
c First Nations had always encountered
c a confederacy in which each nation
c other groups, whether through trade,
would live with the others in peace
c exploration, or seasonal migrations.
c and harmony. Before this agreement,
Such encounters sometimes led to
c these nations had endured years of
c conflict, but more often to a peaceful
c conflict: nation against nation, village
exchange of goods, ideas, and values.
c against village, clan against clan.
c Some treaties ended war, while
According to Haudenosaunee
c others affirmed trading ties and
c oral history, a prophet named
c promoted marriages among families
Dekanawideh (Peacemaker) came
c of different nations. The principle of
c across Lake Ontario, from the north,
c mutual respect governed all treaties.
to deliver a vision of peace and union
c Each participant in a treaty process
c to the Haudenosaunee. Some stories
treated other participants with
c have him travelling in a white stone
c respect in a reciprocal relationship
c canoe so that others would see proof
of giving and taking. Treaties worked
c of his message’s power. Despite this
c well between First Nations because
proof, he was unable to convince
c participants generally shared a
c any Haudenosaunee leaders to heed
c similar worldview.
his word. Some stories say that
c As in Europe, some First Nations
c Dekanawideh travelled with his mes-
c treaties settled conflicts about land.
sage of peace for over forty years
c However, First Nations land dis-
c before finding success. Most versions
putes were significantly different
c of the story say a woman named
c from European land disputes. First
c Jikonsahseh took Dekanawideh in and
Nations conflicts involving land
c fed him. She was the first to accept his
c generally concerned use of the land’s
message of peace and she encouraged
c resources, not ownership of the land
c him to continue his mission.
c itself. Such ownership was not even
The first leader to accept
c possible in traditional First Nations
c Dekanawideh’s message was Hia-
c worldviews. Treaties sorted out how
watha, a Mohawk-Onondaga man
c each nation would relate to each
c who was searching for an alternative
another and the available resources.
c to the conflict hurting his people.
c Early treaties (those before
c Over time, Dekanawideh and Hia-
European domination in North
c watha spread the message of peace
c America) reflect traditional First
throughout Haudenosaunee lands.
c Nations values and goals for relations
c They won over their last opponents
c with other peoples: mutual respect,
at a great assembly of leaders on the
c independence, and interdepend-
c southern shore of Onondaga Lake.
c ence between sovereign groups and
The Great Law of Peace this
c the land.
c assembly agreed upon became the
c The Great Law of Peace founding constitution of North
c
c One of the most famous treaties America’s first federal democracy.
c between First Nations was the Great A constitution is a set of institu-
c Law of Peace. Sometime before tions and principles that govern a
c
c 1450, the Haudenosaunee nations of country or group of people. The
c the Mohawk, Oneida, Onondaga, Haudenosaunee Confederacy and
c
14 CONTEMPORARY ISSUES
N
its constitution is thought by many

er
Riv
to be one of the models used by the
men who framed the United States

Ge
org ay
constitution many years later. e

ian
B
nc
re
The Great Law of Peace defined aw

L
Lake

.
the rights of individuals and the rights

St
Champlain

of member nations. Each nation was


considered independent. The Grand rio
L. Onta
Council of the Confederacy was Oneida
Mohawk
established as a forum to discuss

R.
issues of common concern, such as Seneca
Onondaga
resolving disputes or defence. Each Cayuga
ie
L . Er
nation was represented by its leader

Hudson
in the Grand Council, and each
leader was considered equal to 0 100 km
the others.
Leaders did not vote, and instead
Confederacy of Five Nations, circa 1530
discussed all issues until consensus
was achieved. Even if it took time,
concensus was the only way a deci- The territories shown for each nation of the confederacy are main areas of
occupation. Each nation also used the resources of a wide surrounding region.
sion could be made. This kept har-
mony between the nations because
there was never a dissenting minority. owledge
Kn
Besides defining the rights and
enous

responsibilities of the confederacy A photograph of the Hiawatha Belt is inset in the map
government, the Great Law of Peace of the Confederacy of Five Nations. From left to right,
di g

also outlined the rights of foreign In each figure on the belt represents the original five
nations and the rights of war. Foreign nations of the confederacy from west to east. The
nations had the right to a national nations are joined by a bar that links them all. How
does the wampum belt’s symbolism reinforce principles
territory, to join the confederacy,
of independence and interdependence?
and to promote peace with member
nations. In times of war, the confed-
eracy had the right to self-defence,
to occupy the territory of an enemy, The Guswentah
and to establish treaties of peace ( Tw o R o w W a m p u m ) Tr e a t y
and friendship. One of the earliest treaties between
The Great Law of Peace was First Nations and Europeans was
recorded in the Hiawatha Belt, a the Guswentah (Two Row Wampum)
series of belts and strings made of Treaty of 1645. It was the first treaty
wampum, which are beads made of the Haudenosaunee Confederacy
shell. Wampum belts and strings negotiated with Europeans. The
were used to to record significant Dutch wanted to establish a trading
events and agreements. In 1722, the fort on Haudenosaunee lands, so
Tuscarora people entered the con- the confederacy proposed a treaty
federacy and it became known as the of mutual respect and peaceful
Six Nations Confederacy. co-existence.

INHERENT RIGHTS 15
c
c
c
c
c
c

c According to the Two Row tried to honour the spirit of the


One dark row of the c
Guswentah Treaty c Wampum Treaty, the nations Guswentah Treaty. It sought to end
wampum belt c declared their intention not to inter- the sale of traditional Haudenosaunee
represents a canoe c
c fere in each other’s internal affairs. lands to British settlers without
and the other a c The treaty recognized the rights of the British monarch’s approval.
European sailing ship. c
Each vessel is c each nation to maintain its own Unfortunately, the treaty did not
symbolic of the c traditions, customs, values, and ways stop settlers from seizing First
people’s customs and c of living. In addition, the treaty Nations land. Britain was losing
c
laws. The parallel c allowed the nations the right to control of settlers in its Thirteen
paths on the belt mean c establish relationships with other Colonies, which are now part of the
that the nations should c
remain separate and c groups in accordance with their own United States.
c laws, traditions, and customs. In When the Thirteen Colonies
equal forever. c
c other words, the treaty established a rebelled against British rule in 1775,
c relationship, but allowed each people some Haudenosaunee joined the
c
c to retain complete political, eco- American side against the British.
c nomic, and cultural independence. Others sided with the British.
c After much discussion and However, most Haudenosaunee did
c
c debate, the Grand Council of the not view the conflict as their own and
c Confederacy approved the treaty. refused to take sides. Some American
c
c The Grand Council declared that rebels saw this neutrality as support
c the treaty was an expression of the for the British, and drove thousands
c
c right of the confederacy to retain its of Haudenosaunee from their homes.
c full independence and sovereignty In 1794, following the end of
c
c as a nation. The terms of the treaty the War of American Independence,
c were symbolized by two rows of the American government signed a
c purple beads on a wampum belt. treaty with the Haudenosaunee.
c
c This treaty became the standard The Canandaigua Treaty is the only
c of all future treaties between the formal agreement signed between
c
c Haudenosaunee and European the United States and the Haudeno-
c nations. For example, in 1674, the saunee Confederacy. In it, the United
c
c British accepted the Guswentah States agreed to respect Haudeno-
c Treaty when they took over the saunee territory. All Haudenosaunee
c
c Dutch colony. In 1701, in Montreal, nations sent representatives to the
c the Haudenosaunee signed a treaty treaty signing and accepted the
c of peace and mutual understanding agreement with a large wampum
c
c with the French, ending almost a belt. Today, Haudenosaunee nations
c century of hostilities. view the Canandaigua Treaty as the
c
c With the Treaty of Fort Stanwix, United States’s admission that the
c signed in 1768 between the British Haudenosaunee Confederacy is a
c
c and the Haudenosaunee, the Crown sovereign nation.

16 CONTEMPORARY ISSUES
Agreement of 1844 Friends, — Among the young
In the early 1840s, the Dakota Nation men killed by you, I have a
had come to resent the Métis people nephew. He who killed him
living to the north. Both peoples I wish to be my nephew. He
relied on the buffalo hunt for their was the smallest of all the
livelihood. For the Dakota, the unfortunates.
animal also had great spiritual signi-
Friends, — You killed my son, he
ficance. Around this time, Métis
was brave, San-be-ge-ai-too-
people were hunting larger numbers
tan. He who pointed the gun
of buffalo for trade and food for
at him, I wish to be my son.
the expanding Red River settle- Cuthbert Grant, Jr., was
He had a feathered wand in
ments. This led Métis hunters born in 1793 in Red River.
his hand. I send it by Lange
farther south into traditional Dakota His father, Cuthbert Sr.,
[the messenger] to my adopted
hunting grounds. was a partner and trader
son. Tah Wah Chan Can… with the North West
Dakota resentment built up until
Company. His mother
one day a dozen Dakota hunters Following First Nations tradi-
was a Métis-Cree woman.
killed Métis hunter Louison Vallé tions of forming alliances, or part-
after finding him and his son cutting nerships, the leaders most offended
up a buffalo in Dakota territory. by the conflict — those who lost
The Métis retaliated by killing eight family — offered to accept their
Dakota. The matter was settled that enemies as kin. Kinship ties, whether
year through negotiation between through adoption or marriage, were
Métis leaders and one of the Dakota traditionally one of the most sig-
Nation’s leaders. The peace did nificant means of forming alliances
not last. between groups. The system of
During the 1844 buffalo hunt, mutual support and interdependence
Cuthbert Grant, leader of the Métis between individuals within one
hunt, witnessed several conflicts nation would extend to relationships
between Métis and Dakota hunters. between nations.
After the hunt, four Dakota leaders The peace agreement was tested
sent a letter to Grant requesting the following year. During the 1845
compensation for the deaths of hunt, a Métis hunter killed a Dakota
sixteen young men. hunter. Grant had the Métis man
In reply, Grant refused com- arrested. He was convicted and
pensation, but offered peace. The hanged for his crime. Grant’s word
excerpt that follows is from the and the agreement stood.
response by the Dakota leaders who
accepted Grant’s offer. ow ledge
Kn
Friends, — I, the afflicted father
enous

of one of the young men killed Research the life of Cuthbert Grant and his contributions
by you, wish that he who killed to the Métis Nation. From the perspective of someone
di g

my son should be my son in his In who lived in his community, write a tribute to Grant as
stead. He had two feathers on a leader. The tribute could be in a letter or speech.
his head. Ne Tai Ope

INHERENT RIGHTS 17
c
c
c
c
c
c
stigation c
ve c
es for In

E VA L U AT I N G E A R LY T R E AT I E S
su

Contemporary Aboriginal demands for


Is self-determination and self-government often
refer to early treaties as examples of Aboriginal
people’s historic sovereignty over the land.
Early treaties followed traditional First Nations
leadership and governance practices rather
than European customs. All treaties, whether
signed by European nations or First Nations,
have the same legal status in international law.

Do early treaties support the right to self-government?

W H AT T O D O
1. Form groups of three or four students. • How did the treaty recognize inter-
Imagine that your group is to make a dependence between sovereign nations?
presentation to a Royal Commission on
• How does independence and
Self-Government. Your job is to research
the circumstances of an early treaty interdependence reflect traditional
between First Nations or between First First Nations worldviews?
Nations and European nations. Try to 2. Compile your research in a concisely
answer each of the questions that follow worded one-page document that can be
in your research: read aloud to the Royal Commission.
• What groups were involved in the Select one member of your group to
treaty? present your findings to the rest of
the class.
• Were their worldviews different or
similar? Explain. T h i n k i n g A b o u t Yo u r P r o j e c t
• What were reasons on both sides As a class, discuss whether you think early
for supporting the treaty? Were treaties reinforce contemporary Aboriginal
goals compatible? rights claims. List specific examples.
• What were immediate results of
the treaty? LOOKING BACK
• What is the treaty’s significance Refer to the notes you began making
today? Analyze any long-term on page 12 about the values governing
effects. Some effects may be early treaties. What kinds of expectations
indirect. For example, the towards the treaty process might these
Haudenosaunee were an influential values create? What kinds of rights are
force in the early fur trade because guaranteed by these early treaties? How
the Great Law of Peace had made are these rights related to independence
their confederacy so strong. and interdependence? Before moving
• How did the treaty recognize indepen- to the next section, create a timeline of
dent First Nations governments? events discussed in this chapter so far.

18 CONTEMPORARY ISSUES
Colonization

A
t the time of first contact
AS YOU READ
with North America’s
The Guswentah Treaty’s terms of peace and friendship were
inhabitants, European cultures typical of early treaties between First Nations and European
nations. In the 1600s and 1700s, Europeans wanted to
could not have been much more ensure friendly relationships with the Aboriginal peoples
different from First Nations and Inuit who surrounded and outnumbered them. Europeans often
cultures. In the sixteenth century, depended on these nations to assist them with their military
European cultures were in the midst goals towards other European nations on the continent.
They also wanted Aboriginal peoples as trading partners.
of radical changes. For centuries,
most of Europe had operated under Underneath this peaceful co-existence, however, lay
a feudal system. This meant that significant differences in worldview. By the mid 1800s, those
countries had monarchs, but power differences started to become more apparent. As you read
this section, add to the timeline you began on page 18.
was spread out among the nobility.
Nobles ruled over large estates and
peasants worked for the nobles or Their concept of time was linear,
paid them taxes for use of the land. with their countries at the leading
It was a hierarchical system with little edge of progress. The rest of the
or no opportunity for advancement. globe was theirs for the taking, to be
People were born into and lived divided up among the strongest
their lives in rigid social classes. and best.
By the 1600s, however, power had This worldview reflected the
become much more concentrated in concept of Social Darwinism. Social
the hands of monarchs, and nations Darwinism proposed that the evolu-
had become much more clearly tionary theories of the naturalist
defined. As the power of monarchs Charles Darwin (1809–1882) could
grew, so did their ambition. They be applied to human society. Accord-
began to look beyond their borders, ing to this belief system, people who
and even beyond their continent, get ahead in society are the most fit
in the quest for greater power, and deserving. Inequality is a natural
influence, and resources. The age of condition of life.
imperialism had begun. European In general, European belief in
countries began to acquire colonial their own superiority was so firm
empires around the world. The that colonial powers felt they were
colonies were considered possessions; doing the rest of the world a favour
their purpose was to contribute to the by spreading European culture far
mother country’s wealth and prestige. and wide.
Most Europeans in the sixteenth Different cultures can success-
century shared a worldview: they fully co-exist under the right condi-
saw themselves as entitled to power tions. First Nations and Inuit peoples
over non-Europeans. In their view, had managed this for centuries.
European cultures represented the Problems emerge, however, when
peak of human civilization and one culture views itself as superior
military strength. to another. Once a nation decides

INHERENT RIGHTS 19
Arctic
Ocean

Pacific
Atlantic
Ocean
Ocean

Pacific
Ocean
Indian
Ocean
Britain and its colonies
France and its colonies
Italy and its colonies
Belgium and its colonies
Spain and its colonies
Portugal and its colonies
Germany and its colonies
Colonial Empires in 1900
Russia and its colonies
United States and its colonies
Japan and its colonies that it is inherently better than cultures were significantly different
Netherlands and its colonies others, it tends to respond in one of from their own.
Ottoman Empire two ways. Either it dominates and Despite these differences, a
exploits nations it considers inferior, mutually beneficial relationship grew
The system of colonial or it tries to “help” them, which over time. Each group had something
empires shown on this map to offer the other. The Europeans
usually means coercing the colonized
was not dismantled until
after World War II. Consider to be more like the colonizers. brought trade goods that made First
the importance of geography Many colonizers saw themselves Nations peoples’ lives easier. First
in the development of as performing God’s work. Christian Nations helped early settlers survive
colonies. Why do you think churches believed they had both a and their land supplied them with
Africa had so many different right and a duty to convert non- natural resources. Each group contri-
colonizing countries?
Why did North America
Christians to their faith. Along with buted knowledge to the other with
have relatively few? political colonization, European benefits to all. Over time, they
nations pursued religious coloniza- developed many agreements and
tion. They saw non-Christians as alliances that led to relatively peaceful
those needing spiritual salvation — co-existence. A new people — the
by force, if necessary. The Roman Métis — were a result of this
Catholic church placed a parti- partnership at the social, economic,
cularly high priority on converting and personal levels.
people with other belief systems. Beneath this relationship, how-
ever, lay profound differences. First
CLASHING WORLDVIEWS Nations and Europeans viewed the
When Europeans and First Nations world (and their role in it) in
in North America began to interact fundamentally different ways. As
regularly in the early sixteenth time passed, the differences between
century, they were curious about First Nations and European world-
one another. They quickly recog- views became more significant. By
nized that the other peoples and the eighteenth century, the time of

20 CONTEMPORARY ISSUES
peaceful co-existence was beginning they were the original occupants.
to draw to a close. This view was formally written into
Once the colonists felt securely law in the Royal Proclamation of
established and their numbers grew, October 7, 1763. The events leading
they became more assertive about up to the proclamation illustrate how
reshaping the colony into familiar First Nations were on the cusp of a
institutions. They began to need change in their relationship with
First Nations’ land more than their colonizing powers. These events
co-operation and guidance. As their began three years earlier, with the
priorities changed, Europeans became end of French power in North
less willing to accept co-existence America.
with First Nations. Increasingly, In 1760, the Capitulation of
Europeans wanted to control and Montreal ended Britain’s war with
change First Nations cultures. France in North America. Britain
This change in attitude coincided took control of all North American
with the weakening power of First territory east of the Mississippi
Nations because of many factors, River. However, in the spring of that
including disease and the decline of year, the British found themselves
the fur trade. European and First scrambling to contain an uprising
Nations cultures began to clash, known as Pontiac’s Rebellion.
with long-lasting harm to First Pontiac’s Odawa (Ottawa) First
Nations people and their cultures. Nation, along with several allied
Canada’s history would have First Nations, were unhappy with
been far different if the relationship the British regime for several reasons.
between First Nations and Euro- Immediately after taking over North
Canadians had remained one of American territories from the
peaceful co-existence. Instead of French in 1760, British Commander-
allowing their two worldviews to in-Chief Jeffrey Amherst ordered
collide, they might have been able the end of gift distributions to First
to shift them so that they were both Nations. In his view, the annual gifts
headed in the same direction. First amounted to bribes that the colony
Nations’ oral history indicates that could not afford.
this was the intention of First To First Nations, the gifts and
Nations in making agreements with associated ceremonies were a
the newcomers. In 1763, the British symbolic renewal of friendly relations
government seemed to affirm this between nations as well as a price
same understanding when it issued for using their land. Gift-giving was
the Royal Proclamation. an essential part of traditional
treaties. It symbolized the reciprocal
R O YA L P R O C L A M AT I O N relationship of giving and taking
According to the British govern- that formed the basis of mutual
ment’s own system of common law, support and harmony.
a set of unwritten legal precedents, First Nations did not view the
First Nations held title to their land. French defeat as their own defeat.
They had rights to the land because They had seen the French as tenants

INHERENT RIGHTS 21
In 1765, Chief
Pontiac signed The proclamation uses the
treaties with the phrase “nations or Tribes of Indians.”
British government This phrase provides support for
to end a series of First Nations assertions today of
armed conflicts he their rights as sovereign nations. A
had led against the
colonizing power.
sovereign nation has independence,
At the treaty the right to a specific territory, and
signings, he was the ability to conduct its own affairs
clear that he was without interference. First Nations
making peace, not argue that they were not conquered
c
surrendering land. c on their land and, when Britain took in a war. The proclamation does not
c
c over, First Nations believed they refer to them as subjects of the
c would continue the same relation- Crown. Therefore their right to
c ship with the British. sovereignty has never been extin-
c
c As First Nations experienced guished, or ended permanently.
c shortages of the guns and ammu- The proclamation also acknowl-
c
c nition they had grown to depend on edged that First Nations held title to
c during French tenure, many viewed the lands west of the Appalachian
c
c Amherst’s ruling as a sign of Mountains and said that these lands,
c disrespect. In addition, the British “not having been ceded to or
c
c did little to discourage settlers from purchased by Us [the Crown], are
c moving onto First Nations lands, reserved to them, or any of them, as
c and many British traders acted their Hunting Grounds.”
c
c without regard for the needs of their In addition, the proclamation
c First Nations partners. forbade colonists to enter into any
c
c After three years of growing private land negotiations with First
c discontent, many First Nations had Nations because “great Frauds and
c
c had enough. In the spring of 1763, a Abuses have been committed in
c group allied under Pontiac’s leader- purchasing Lands of the Indians, to
c
c ship put Fort Detroit under siege the great Prejudice of our Interests,
c and captured nine other forts. Not and to the great Dissatisfaction of
c interested in the forts themselves, the said Indians.” The document
c
c the First Nations generally took stated that, in the future, only
c what they needed from fort supplies Crown representatives would be
c
c and left for their winter hunting able to negotiate the purchase of
c grounds. Pontiac’s military success First Nations territory.
c
c made British officials nervous about In recognizing First Nations’
c their ability to hold on to power in title to the land, and in asserting the
c
c the territory. Crown’s exclusive right to negotiate
c The Royal Proclamation was with First Nations, the Royal
c designed to prevent future uprisings Proclamation laid the foundation for
c
c and to strengthen British govern- all future land agreements between
c ment control over formerly French First Nations and the government
c
c territories. It is significant today for in Canada. Its importance and
c several reasons. continued relevance was affirmed
c

22 CONTEMPORARY ISSUES
again when the Royal Proclamation Chapter Two discusses this relation-
was specifically mentioned in the ship in the past and present in terms
Canadian Charter of Rights and of Aboriginal peoples’ ability to be
Freedoms in 1982. self-governing nations.
However, the Royal Proclama-
tion also established a paternalistic
attitude towards First Nations. This R O YA L P R O C L A M AT I O N O F 1 7 6 3
means it took a tone of superiority The introduction to the Royal Proclamation stated
and assumed powers over First that it was
Nations. For example, the procla- Just and reasonable, and essential to our Interest, and
mation unilaterally put the Crown the Security of our Colonies, that the several Nations
in the position of intermediary or Tribes of Indians with whom We are connected, and
between First Nations and settlers. who live under our Protection, should not be molested
From this position, it had the power or disturbed in the Possession of such Parts of our
to decide what agreements could be Dominion and Territories as, not having been ceded
made to take First Nations’ land and to or purchased by Us, are reserved to them or any of
what kinds of compensation First them as their Hunting Grounds.
Nations could receive in return.
First Nations had no voice in these p REFLECTION
decisions. This paternalism became How might this preamble be interpreted as stating
even more significant in subsequent British possession of the land to which it refers?
treaty negotiations during the late How might it be interpreted as affirming First
nineteenth century. Nations possession of the same land? Which
words or phrases give rise to this confusion?
BRITISH NORTH
AMERICA ACT
Throughout the 1800s, European
settlers gradually occupied more
and more of what is now Canada. LOOKING BACK
The British colonial government In your notes, use a concept
signed treaties with First Nations map, table, or other technique to
whenever it needed more land for describe key ways European and
these settlers. First Nations worldviews differed
In 1867, the British North from each other in the sixteenth
America Act created the Dominion century. In your opinion, do
of Canada. As part of creating the these differences still exist
new country, it transferred the today? Explain your answer.
British Crown’s relationship with Explain the significance of the
First Nations to the Canadian federal following in terms of Aboriginal
government. This act is significant rights: Great Law of Peace,
today because it means that a First Guswentah Treaty, colonialism,
Nation has the right to negotiate Royal Proclamation, British North
self-government and land claims America Act. Be sure each is
noted on your timeline.
with the federal government as
one sovereign nation to another.

INHERENT RIGHTS 23
c
c
c
c
Numbered Treaties
c
c

AS YOU READ
After Confederation in 1867, treaty-making between First
Nations and Canada became increasingly systematic.
Between 1871 and 1921, the Canadian government
negotiated eleven treaties with First Nations across the West
to free up more land for settlement. These treaties, known as
the numbered treaties, were supposed to balance the needs
of incoming settlers with the traditions of the First Nations.
First Nations approached treaties with Europeans the
same way they had always approached treaties with each
other. The overall objective was to establish a relationship
based on peaceful co-existence and shared resources.
Write the questions that follow in your notes: Why did the
Canadian government pursue the numbered treaties? Why
did First Nations agree? What rights are part of these treaty
agreements? How were Euro-Canadian and First Nations
understandings of the agreements different? How did
treaties fit into Canada’s evolving colonial policies? As you
read this section, make notes that answer each question. After Confederation, the federal government
actively recruited settlers from Europe with
posters such as this one from 1890. What do you

B
efore Confederation in 1867, treaties between think about the government’s assertion that the
land is free? What costs did European settlement
First Nations and Europeans recognized the have for First Nations? Create a poster or other
political authority of each signatory. Pre- artwork that shows a different perspective.

Confederation treaties did not often involve land


c transfers and compensation; most By 1867, Europeans in Upper
c
c instead dealt with political, trade, Canada already outnumbered First
c and military issues. European Nations people by a wide margin.
c
c colonial governments dealt directly Before long, the pressure for land
c with First Nations until 1867, when began to spread westward. On
c
c the newly created Canadian govern- December 1, 1869, the Canadian
c ment took over treaty-making government bought Rupert’s Land
c
c responsibilities. from the Hudson’s Bay Company
c With Confederation in 1867, for $300 000. Suddenly Canada was
c the Canadian government inherited responsible for vast new areas, from
c
c the British Crown’s relationship northern Quebec to the Rocky
c with First Nations. The Royal Mountains and Arctic.
c
c Proclamation required the federal The government began to nego-
c government to negotiate with First tiate treaty agreements with First
c
c Nations in order to open up more Nations in the region so it could
c territory for settlement. This was open up the West to settlement. The
c
c the primary goal for the new treaties were numbered in order as
c Canadian government. they were settled.
c

24 CONTEMPORARY ISSUES
N

Pre-Confederation treaties
Exempt by the
Royal Proclamation of 1763
Treaty or agreement boundary
Uncertain boundary

TREATY 11 0 500 km
1921

Pacific
Ocean Atlantic
TREATY 8 Hudson Ocean
1899 Bay
1908
TREATY 10
1906
1889
1876 1929
TREATY 6
1876
TREATY 9
TREATY 7
14 TREATIES 1877 TREATY 4 TREATY 2
TREATY 3 1905
FROM 1850 TO 1854 1874 1871
1871 1873 1850 1763 MARITIME PEACE
TREATY 1 AND FRIENDSHIP
1850 TREATIES
ROBINSON-SUPERIOR
1923
PRE-CONFEDERATION
ROBINSON-HURON TREATIES OF
WILLIAMS PEACE AND ALLIANCE
Canada’s Pre-Confederation and
Historic Treaty Areas, 1850–1929

Treaties in Canada usually fall into three categories: pre-Confederation treaties that were concluded prior to 1867, the numbered
treaties, which were concluded up to 1921, and the modern treaties, which are settled land-claim agreements.

N U M B E R E D T R E AT I E S ( 1 8 6 7 – 1 9 2 1 )
1871 Treaty One The federal government wants land for farming. First Nations are expected to 1870
1871 Treaty Two adapt to an agricultural economy instead of hunting, fishing, and trapping. 1875
1873 Treaty Three The federal government wants land for construction of a railway across the West. 1880
1874 Treaty Four
1885
1875 Treaty Five
1876 Treaty Six 1890
1877 Treaty Seven
1895
1899 Treaty Eight The federal government wants to secure overland access to Yukon 1900
gold discoveries.
1905
1905 Treaty Nine The federal government wants to secure access to natural resources such 1910
as timber in northern Ontario.
1915
1906 Treaty Ten The federal government initiates treaties after discovery of oil at Fort William. 1920
1921 Treaty Eleven
1925

INHERENT RIGHTS 25
c
c
c
c
c
c
c
c each year fighting frontier wars.
c Much blood was shed on both sides.
c
c The Canadian government could
This poster was c not afford to make the same mistakes.
displayed in public c Instead, it chose to negotiate
c
places during c treaties with First Nations.
the summer and c First Nations priorities had
fall of 1898. The c
government hoped it c shifted from pre-Confederation
c times as well, although their expec-
would encourage c
First Nations and c tation for the basis of the treaties —
Métis people to meet c agreements between sovereign
with the treaty c
c nations — had not. The lives of
commission.
c First Nations people had changed
c with staggering swiftness since the
c SHIFTING PRIORITIES
c The numbered treaties mark a beginning of the sixteenth century.
c significant change in the govern- They now faced wave upon wave of
c
c ment’s goals and priorities for incoming settlers. Whether they
c treaty-making. At this time, the fur liked it or not, they were now living
c
c trade was beginning to decline in a shared land.
c and the Canadian government’s First Nations were understand-
c
c focus was shifting towards settle- ably concerned about losing use of
c ment and industry. The government their territory little by little. They
c saw that the settlers would be diffi-
c needed more land — land that was
c occupied by First Nations, Métis, cult to move once they established
c and Inuit people. themselves. Unless First Nations
c
c In the United States, the tension concerns were dealt with, the
c between settlement and First Nations situation would become increasingly
c
c land rights led to armed conflict. In uncertain and tense.
c the mid to late 1800s, the American In exchange for allowing the
c
owledge government spent millions of dollars settlers on their land, First Nations
Kn c
wanted to ensure their people would
enous

get the assistance they needed to


By signing [the treaties], British authorities adapt to the new way of life. They
di g

In appeared to recognize the nationhood of wanted their people to have a place


Aboriginal peoples and their equality as to live, to be free to pursue their
nations. But they also expected First Nations traditional lifestyles as much as
to acknowledge the authority of the monarch possible, and to have support in
and, increasingly, to cede large tracts of land adjusting to the new way of life
to British control — for settlement and to taking shape around them.
protect it from seizure by other European
Negotiations for the numbered
powers or by the United States.
treaties, therefore, started on an un-
— People to People, Nation to Nation: Highlights
from the Report of the Royal Commission on
even basis. The government saw the
Aboriginal Peoples treaties as First Nations agreements
to surrender their claim to the land.
First Nations leaders saw the treaties
What contradiction is noted in this statement?
as agreements to share the land.

26 CONTEMPORARY ISSUES
PROFILE

J A M E S A H N A S S AY
Dené Tha’ First Nation
“To get an idea of how my ancestors people did not know that the
approached land entitlement and treaty written treaties had given most
signing, refer to what Chief Chateh did of these lands to the newcomers,
at Fort Vermilion back in 1899, when he leaving only a few small areas
signed a Treaty Eight adhesion,” says they could choose as reserves.
James Ahnassay, former chief of the After signing the treaty
Dené Tha’ First Nation. adhesion, the Dené Tha’
“Chief Chateh held off signing treaty continued with their lives much
for a week, I’ve heard, because he wanted as they had before, until oil
to make sure all traditional lands of his companies started to encroach
people would be protected for years to upon their traditional lands in
come,” Ahnassay explains. No wonder the the 1960s, followed by lumber James Ahnassay
chief was hesitant. How could he be sure companies a decade later. “Until
officials understood his demands when he then, the land was pristine, but by the
spoke only the language of the Dené Tha’, 1970s, our hunters complained about the
the Europeans spoke English or French, decline in the moose and other animal
and the hired translator was said to have populations and the negative effects
only been fluent in Cree, with English as industry had on their trap lines.”
his second language? A traditional way of life was quickly
“I doubt the translator was able to disappearing and employment and other
capture what the chief and Elders wanted. income options were severely limited.
I do know that our Elders appreciated “What we were left with was welfare
European assurances that the treaty payments, social problems, and small
entitlements would last ‘as long as the areas to live in,” explains Ahnassay.
sun shall shine and the rivers shall flow.’ Optimistically, he hopes his generation
To this promise, Dené Tha’ Elders and has and future generations will gain
other leaders at the time added ‘and as “education that will put us in a much
long as the stars of the Big Dipper move better negotiating stance to gain back
forward in the sky.’” The Elders’ worldview much of what we have lost. This includes
was based on the natural creations of implementing the true spirit and intent of
earth and sky, not on human creations of the treaties, as understood by our Elders.”
legal titles, ownership, and profits.
In 1899, Dené Tha’ traditional lands p REFLECTION
were vast, stretching west into what is With your teacher’s assistance, use correct
now British Columbia and the Northwest community protocol to invite an Elder to your
Territories. Following the great cycle of life classroom to discuss the spirit and intent of
of their ancestors, the people migrated Treaty Six, Seven, or Eight. Use the Elder’s visit,
seasonally to take advantage of the many plus all that you have learned about treaties in
resources of their territory. They hunted this course so far, to prepare a five-minute
animals, fished in various lakes, wintered speech called The Spirit and Intent of Treaties.
in sheltered areas, and summered near Give your speech to the class.
berry patches. According to Elders, their

INHERENT RIGHTS 27
Did the interpreters do their
jobs well? Not everyone thinks so.
Some argue that, because the inter-
preters were government employees,
c
they were under pressure to present
The Treaty Eight c DIFFERENT VIEWS the government’s terms in the best
negotiations c Not only did the Canadian govern- possible light. First Nations leaders
pictured here took c
place at Lesser c ment and First Nations differ in may not have fully understood the
Slave Lake, Alberta, c their reasons for signing treaties, implications of being asked, for
c
in 1899. Research c but they also differed in how they example, to “cede, release, surrender
which First Nations c saw treaties as agreements. In the and yield up to Her Majesty the
in Alberta are part c
European tradition, nations signed Queen and successors forever all the
of this treaty, as c
well as Treaties Six c treaties recognizing one another’s lands [being included in the treaties].”
c sovereignty, regulating trade, and In 1973, sixteen chiefs from the
and Seven. c
c promising to keep peace. Northwest Territories argued in
c First Nations made treaties for court that their ancestors would
c
c similar reasons, but their outlook had never have signed treaties if they
c a spiritual component as well. They had fully understood the govern-
c
c sealed treaties with ceremonies such ment’s intentions. “In my language,
c as pipe smoking, not by signing paper there is no word for ‘surrender,’”
c
c documents. European worldviews said Chief François Paulette.
c saw treaties as business contracts, “I cannot describe ‘surrender’ to
c whereas First Nations worldviews you in my language, so how do you
c
c saw them as sacred oaths. expect my people to [have] put their
c X on ‘surrender’?”
c
c DIFFERENT LANGUAGES
c In addition to having different ideas N E G O T I AT I O N S B E G I N
c
c about treaties and different reasons When it sold its interest in Rupert’s
c for entering into treaties, govern- Land to the government of Canada,
c
c ment representatives and First the Hudson’s Bay Company recog-
c Nations leaders also spoke different nized that the land transfer would
c languages. They needed interpreters bring huge changes to the lives of
c
c in order to communicate with Aboriginal peoples. For that reason,
c each other. the company made sure that the deal
c
c Interpreters had a difficult job contained at least some protection
c because the issues were so important for Aboriginal interests. The deed
c
c and complex. They had to convey of surrender contained a require-
c not only the precise meaning of the ment that the Canadian government
c
c words that were being said, but also be responsible for “[a]ny claims of
c the larger implications. They had to Indians to compensation for lands
c bridge the culture gap as well as the required for purposes of settlement.”
c
c language gap. Some words, such as The settlers, though, would not
c ceded, may not have had easy wait for land questions to be resolved.
c
c translations into First Nations They began to move into Canada’s
c languages. new territory in increasing numbers.
c

28 CONTEMPORARY ISSUES
Métis leaders at Red River resisted as soon as possible after the
Canadian occupation of their land execution of this treaty, cause to be
until Canada was forced to negotiate taken an accurate census of all the
Manitoba’s entry into Confeder- Indians inhabiting the district.”
ation as a province. Chapter Three During the negotiations, Archi-
discusses these events. bald assured First Nations leaders
First Nations leaders, who were that the treaty would not restrict
already upset at being left out of the their people to reserves. He prom-
Rupert’s Land sale, pressed the ised they would still have rights to
government for treaties. They knew hunt, fish, and trap throughout their
of recent treaties, including the traditional territories. This promise
Robinson Treaties, that had been was not included in the written
signed in the east. They hoped to treaty, however.
get similar protection from the Treaty One also promised the
government, to avoid being com- right to a gift of $3 for each person
pletely displaced by the new arrivals. and an annual payment of $15 per
Displacement occurs when people family of five (or $3 per person in
are forced to move from their larger or smaller families). It prom-
homelands. ised a school and made the sale of
In 1870, a large group of liquor on reserves illegal.
Anishinabé, Swampy Cree, and other Eighteen days later, Archibald
First Nations converged on Lower negotiated Treaty Two, the Manitoba
Fort Garry to negotiate a treaty with Post Treaty. Its terms were virtually
A. G. Archibald, Manitoba’s first the same as the terms of Treaty One.
lieutenant-governor. After days of Beginning with Treaty Three,
intense negotiation, they signed the the agreements promised to maintain
Stone Fort Treaty (Lower Fort First Nations’ hunting and fishing
Garry was built of stone). It later rights within traditional territories.
became known as Treaty One. These rights were “subject to regu-
By the terms of Treaty One, lation,” however, and did not include
First Nations gave up their title to areas that may “be required or taken
16 700 square miles (43 253 square up for settlement, mining, lumbering
kilometres) of land. In return, or other purposes.”
the government promised certain First Nations leaders proved to
treaty rights, including reserves. A be tough negotiators. Realistically,
reserve is land set aside by the they had little choice but to sign the
government for the exclusive use of treaties — settlement was going to
a First Nation. Reserve sizes would happen no matter what they did —
be calculated for each nation on the
basis of “one hundred and sixty These Chipewyan lost no time in flowery oratory, but
acres [64.8 hectares] for each family came at once to business, and kept us, myself in
of five, or in that proportion for particular, on tenterhooks for two hours. I never felt so
larger or smaller families.” To fulfill relieved as when the rain of questions ended, and
satisfied by our answers, they acquiesced in the cession.
this obligation, the treaty promised
“Her Majesty’s Commissioner shall, — Commissioner J. H. Ross, Through the Mackenzie Basin

INHERENT RIGHTS 29
the early 1870s and continued to suf-
fer due to the decline of the buffalo.
Because of this, negotiators
fought for and won two major
concessions in Treaty Six. First, the
government promised to assist the
Cree if they were struck “by any
pestilence, or by a general famine.”
The government also promised that
“a medicine chest shall be kept at the
house of each Indian Agent for the
use and benefit of the Indians at the
direction of such agent.” This
“medicine chest” clause later led to
the provision of universal health
Treaty Four, shown c but they fought for and won coverage for all First Nations with
here, was signed c
c important concessions. Government treaty rights.
in 1874. Some c negotiators quickly learned not to Treaty Seven, signed in 1877,
First Nations who c
negotiated later c underestimate them. covered most of southern Alberta. It
treaties had the c First Nations also learned from provided the last parcel of land the
c
benefit of learning c each other. Those that signed later government needed to complete the
about problems in c treaties had the benefit of learning national railway. Terms were similar
earlier numbered c about problems that resulted from to those for Treaty Six.
treaties. Treaty Six c
nations, for example, c the earlier treaties. This led leaders to Treaty Eight, which covered the
c insist upon concessions such as larger northern half of Alberta plus parts
received promise of c
a medicine chest c annuity payments in later treaties. of Saskatchewan, the Northwest
that earlier treaties c Government negotiators also Territories, and British Columbia,
did not include. c
c learned to be careful what they said. was not negotiated until 1899. The
c With their tradition of preserving Klondike gold rush was then in full
c
c and passing along information orally, swing and the government needed
c First Nations leaders could remem- to clear a path northward.
c ber precisely what was said and what Treaty Eight was somewhat
c
c was promised during negotiations, unusual because the government did
c even years later. not immediately set aside specific
c
c areas for reserves. “There is no
c T R E AT I E S S I X , S E V E N , immediate necessity for the general
c
c AND EIGHT laying out of reserves or the allotting
c The territory that later became of land,” the treaty commissioners
c
c Alberta was largely covered by wrote in their report. “It will be quite
c Treaties Six, Seven, and Eight. time enough to do this as advancing
c Treaty Six, which stretched settlement makes necessary the
c
c through southern Saskatchewan and surveying of the land.” To this day,
c Alberta, was signed with the Plains many Treaty Eight First Nations
c
c Cree in 1876. The Cree had suffered believe that they have yet to receive
c a devastating smallpox epidemic in the reserve land they were promised.
c

30 CONTEMPORARY ISSUES
TERMS AND REALITY Leaders soon discovered that the
In a perfect world, the signing of the promises made during negotiations
treaties would have solved everyone’s were not always reflected in the
problems. The government would documents they signed. They argued
have cleared the way for immigration frequently that the government
and settlement and First Nations violated either the terms or the
would have been left with ample land, spirit of the agreements. Some First
support, and resources to prosper. Nations convinced the government
The treaties were certainly suc- to revise the treaties. In some cases,
cessful from the government’s point the government increased the
of view. As the negotiators moved annual payments and provided some
westward, thousands of immigrants of the promised farm animals and
followed, eager to settle the “new” implements.
land. In the eyes of European law, Circumstances sometimes made
First Nations’ title to the land had it difficult for the government to
been extinguished and western fulfill the terms of the treaties
Canada was open for business. properly. For example, treaty talks
Compared with the violent often left out groups living in the
clashes south of the border, areas included in the treaties. These
Canadian treaty negotiations were groups had to be added later to
characterized by compromise and existing treaties. Such adhesions
good faith. Government negotiators continued up to the 1950s.
operated under severe constraints. It was also difficult for the
They were expected to eliminate government to get the accurate count
First Nations’ claims to the land. Yet needed to allocate the reserves and
many tried to protect First Nations’ to make treaty payments properly.
interests — at least, their interests as If a portion of the community
the government negotiators under- happened to be away at the time of
stood them. counting, those people might be left
As a mark of good faith, treaties off the census lists.
promised First Nations leaders that In other cases, the government
they could “know and be assured of lacked a motivation to meet treaty
what allowance they [were] to count terms. For example, if the land was
upon and receive year by year from not in high demand by settlers,
Her Majesty’s bounty and benev- neither government officials nor
olence.” The treaties seemed to First Nations leaders felt pressure to
promise traditional ties of friendship. agree upon reserves. In areas such as
northern Alberta and the Northwest
Problems with Territories, pressure to assign reserve
Implementation lands did not arise until the early
From a First Nations point of view, twentieth century, when companies
however, the reality of the numbered began exploring and exploiting
treaties did not live up to promise. natural resources in the region.

INHERENT RIGHTS 31
TA L K I N G C I R C L E

T R E AT Y P R O M I S E S
Talking circles are a type of organized discussion for a topic that has no right or
wrong answer. The purpose of a talking circle is to share ideas, feelings, and points
of view, but not to reach a decision or consensus. You may wish
to have a discussion as a class, or you may prefer to divide the
class into smaller groups so that people have more opportunity
to talk.
This textbook will offer several opportunities for you to
participate with your classmates in talking circle discussions.
Each talking circle in this book will include one or more
quotations that you may read aloud or to yourself before
you begin. Each discussion includes an activity to help you
put together what you learn through the discussion and your
Talking circles follow a protocol — a set of rules — other work in the chapter.
to ensure that all participants are respected. Before you begin your first talking circle, work as a class
to develop a talking circle protocol, a set of rules to govern
the discussion. Talking circle protocols vary from community to community, but
common practices include the principles that follow:
• Everyone has an opportunity to speak, but people can also choose not
to speak.
• Only one person speaks at a time. All other participants should listen
attentively until the person has stopped speaking.
• Comments should address the topic rather than comments another person
has made.

p REFLECTION
Artist Gerald McMaster was born on
the Red Pheasant reserve near North
Battleford, Saskatchewan. His work
often explores history from a First
Nations perspective. Trick or Treaty was
painted in 1990. Sir John A. Macdonald,
who is pictured in the painting, was
Canada’s first prime minister. What do
you think McMaster’s perspective on the
treaty process is? In your journal, write
your own ideas and responses to his
painting, your talking circle discussion,
or any other material from this chapter.

Trick or Treaty by Gerald McMaster

32 CONTEMPORARY ISSUES
The following passage is from The Unjust Society, an influential book written by Harold Cardinal in
1969, shortly after the federal government announced its White Paper on Indian Policy. In short,
the White Paper suggested abolishing separate legal status for First Nations. Cardinal, from the
Sucker Creek Reserve in Alberta, responded to the government proposal with stinging satire,
eloquence, and the passion that inflamed his generation to renewed political action. The excerpt
that follows contains his view on the treaties his people signed with the federal government.

To the Indians of Canada, the treaties or in the minds of the white people about
represent an Indian Magna Carta. The who owned the land, for it was upon the
treaties are important to us, because basis of white recognition of Indian rights
we entered into these negotiations with that the treaties were negotiated. Otherwise,
faith, with hope for a better life with honour. there could have been nothing to negotiate,
We have survived for over a century on little no need for treaties. In the language of the
but that hope. Did the white man enter Cree Indians, the Indian reserves are
into them with something less in known as the land that we kept
mind? Or have the heirs of the for ourselves or the land that
men who signed in honour
W H AT WA S we did not give to the
somehow disavowed the PROMISED government. In our
obligation passed down AT T H E T R E AT Y language, skun-gun.…
to them? The Indians N E G O T I AT I O N S ?
As far as we are
entered into the treaty concerned our treaty
negotiations as rights represent a
honourable men who sacred, honourable
came to deal as equals agreement between
with the queen’s ourselves and the
representatives.… Canadian government
Our people talked with that cannot be
government representa- unilaterally abrogated
tives, not as beggars pleading by the government at the
for handouts, but as men with whim of one of its leaders unless
something to offer in return for rights that government is prepared to give us
they expected. To our people, this was the back title to our country…. The treaties are
beginning of a contractual relationship doubly significant and important because
whereby the representatives of the queen they represent or imply principles that are
would have lasting responsibilities to the intrinsically part of the concept of justice
Indian people in return for the valuable and respect for other men’s property. They
lands that were ceded to them. have a symbolic importance to Indians that
The treaties were the way in which the cannot be ignored.
white people legitimized in the eyes of the
world their presence in our country. It was LOOKING BACK
an attempt to settle the terms of occupancy
on a just basis, legally and morally to As you learned in this section, the
extinguish the legitimate claims of our Canadian government expanded its
people to title to the land in our country. territory through a series of treaties with
There never has been any doubt in the First Nations that were negotiated between
minds of our people that the land in Canada 1873 and 1921. How did these treaties
belonged to them. Nor can there have been reflect a more European than First Nations
any doubt in the mind of the government worldview? Why did First Nations leaders
sign the agreements?

INHERENT RIGHTS 33
c
c
c
c
Chapter One Review
c
c
c
c C h e c k Yo u r U n d e r s t a n d i n g 11. What were the federal government’s
c 1. This chapter includes many terms reasons for negotiating the
c that will be important to your numbered treaties? Why did
c understanding of the rest of this First Nations agree to sign them?
c book. Write a definition for and
c 12. What problems were associated
c sentence using each of the terms with the negotiation, signing,
c listed below. If a term has more and implementation of the
c than one meaning, indicate this by
c numbered treaties?
writing more than one sentence.
c
c Aboriginal rights Reading and Writing
c Aboriginal title 13. Write an essay supporting
c
c collective rights Aboriginal inherent rights to
c indigenous peoples self-determination. You might use
c individual rights evidence from oral traditions as
c well as events from international
c inherent rights
human rights movements.
c nation
c numbered treaties Be sure that your essay has a clear
c thesis and at least three paragraphs
c peoples
c supporting your thesis. Each of
self-determination
c these supporting paragraphs must
self-government
c have your ideas clearly stated and
c sovereignty evidence to back your ideas up.
c 2. What are inherent rights?
c
c 3. What is an oral tradition? How Viewing and Representing
c does it support an indigenous 14. Visual communication techniques,
c such as cartoons, illustrations,
c people’s claim to certain rights?
c paintings, or photographs, often
4. Compare the African American civil convey their points much faster
c rights movement to the Aboriginal
c than words can. Create your own
c rights movement. visual representation of a topic
c 5. Name an early treaty and describe from this chapter, such as human
c
c how it enacts traditional First rights, self-determination, or
c Nations worldviews. inherent rights. Be sure your
c 6. Summarize Canada’s colonial history project conveys your opinion
c on the topic.
c as it affected Aboriginal peoples.
c 7. How did European worldviews
c Going Further
c differ from First Nations worldviews
15. Review newspapers and magazines
c at the time of first contact? Why
to find examples from current
c didn’t these differences
c events that show issues of
immediately cause conflict?
c individual rights or collective rights.
c 8. Explain how Pontiac’s Rebellion is Bring examples to class to discuss.
c related to the Royal Proclamation You might make this an on-going
c of 1763. class project throughout this
c
c 9. Explain why First Nations claim course. Create a bulletin board or
c the right to deal primarily with the binder of clippings that will help you
c federal government rather than other refine your ideas about rights issues
c in Canada and around the world.
c levels of government, such as the
c provincial or municipal governments.
c
c 10. What is the significance of
c the Universal Declaration of
c Human Rights?
c

34 CONTEMPORARY ISSUES
16. Why do Aboriginal peoples in
Canada have issues of common
concern with indigenous peoples
from other places in the world?
Explain how working with
international groups might benefit
Aboriginal peoples in Canada.
17. Examine the photographs of the
Canandaigua Treaty and the George
Washington Covenant Belt on this
page. Both represent the same
agreement. Each object is symbolic
of the different worldviews of the
culture that created it. For example,
one is a piece of paper and the other
a belt and strings made of wampum.
One has written letters that convey
meaning and the other a set of
symbols that convey meaning.
Compare the two objects as
symbols. Relate as many features
of each object as possible to the
originating culture’s worldview.
Using elements from this
comparison in your opening
paragraph, write an essay about
Aboriginal sovereignty. You can write
about conflict, clashing worldviews,
self-government, or any other topic,
as long as you can relate it to the
comparison of the written treaty
and wampum belt. This comparison
could be the attention-grabbing
opening to your thesis.
Ideally, your conclusion will
sum up your ideas, relate back
to your thesis, and refer in some
way to the comparison of the
Canandaigua Treaty objects that
began your essay. Compare the photographs of the Canandaigua Treaty (top) with the
George Washington Covenant Belt (bottom). Both are from an
agreement reached between the Haudenosaunee and the United
LOOKING BACK States in 1794. This agreement was discussed on page 16.
Re-read the Dene Declaration
from pages 2–3. Review the
chapter to find two more
declarations and compare the
three. What rights are
described? Use some of the
terms introduced in this chapter
to explain your answer.

INHERENT RIGHTS 35

Common questions

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Colonization significantly undermined the recognition and practice of inherent rights among Aboriginal peoples by forcibly integrating these populations into the colonial legal and cultural framework. This imposition often involved the displacement from ancestral lands, cultural suppression, and economic disenfranchisement, which challenged the sovereignty and self-deterministic aspirations of indigenous groups. Consequently, colonization led to the marginalization of Aboriginal groups, eroding their traditional governance systems and community cohesion, while imposing foreign structures that prioritized settler interests .

Historically, treaties between the Canadian government and First Nations were intended to balance the needs of settlers and uphold some rights of First Nations. However, the implementation often failed to reflect the original spirit of these agreements. Over time, it became evident that promises made during negotiations, such as hunting rights and the provision of resources, were not always honored or adequately documented, leading to disputes and calls for treaty revisions . Moreover, treaties were often enforced under conditions wherein indigenous peoples had limited negotiation power, rendering the original intention diluted in favor of settlers’ expansion and resource extraction .

The Numbered Treaties often resulted in First Nations ceding large areas of land in exchange for certain rights and compensations, such as reserves and the continuation of traditional hunting and fishing rights. However, these agreements frequently did not adequately reflect the oral commitments made during negotiations, leading to misunderstandings and disputes about their terms. The enforcement of these treaties facilitated settler expansion and significantly disrupted traditional lifestyles by confining First Nations to reserves and limiting their economic and cultural practices within these restricted territories .

Distinguishing between collective and individual rights is significant in making rightful claims by indigenous peoples because many of their cultural, social, and political systems are community-oriented. Collective rights pertain to the rights held by a group as a whole, such as land ownership or cultural preservation rights, which are vital for maintaining social cohesion and identity among indigenous peoples. In contrast, individual rights focus on personal entitlements and freedoms. Therefore, understanding this distinction is critical in addressing issues related to self-governance, resource use, and cultural integrity .

The term 'nation' can refer to a group of people with a common government and defined territory, whereas 'people' often emphasizes a shared identity and cultural lineage without necessitating a territorial aspect. For indigenous peoples, this differentiation is important because their identity may not be tied to a single territory due to historical displacements, yet they maintain a cohesive sense of identity and rights derived from shared heritage and cultural practices. This distinction supports their claims to inherent rights and recognizes them as distinct groups within broader national frameworks .

The negotiation and implementation of Treaty One demonstrate the importance of thoroughly documented agreements to ensure indigenous rights are explicitly recognized and upheld. During the Treaty One negotiations, significant promises, such as those regarding the right to continue hunting, were orally assured by government representatives but not included in the written treaty. This omission led to disputes and diminished trust between First Nations and the government, exemplifying the need for precise documentation in treaty agreements to prevent misinterpretation and breach of trust .

The preservation of indigenous languages is crucial for maintaining cultural identity because language is a core component of cultural heritage and a means of passing down traditional knowledge and customs. Unlike immigrants who may have access to re-learn their languages in their countries of origin, indigenous peoples risk losing their languages permanently if not preserved, as these languages are deeply tied to their specific cultural context and geography. The extinction of a language can represent the loss of cultural identity and history for indigenous communities .

Self-determination is a fundamental aspect of the inherent rights of Aboriginal peoples, embodying their ability to govern themselves according to their traditional laws and customs. Exercising self-determination allows Aboriginal communities to prioritize their cultural preservation, economic development, and political autonomy. However, in Canada, these communities face challenges such as legal and political constraints, economic dependencies, and historical legacies of marginalization that impede the full realization of self-determination. Additionally, agreements and policies sometimes remain inconsistent with traditional Aboriginal governance structures .

Contemporary issues faced by indigenous peoples, such as restricted land rights, socio-economic disparities, and limited political autonomy, reflect historical patterns where governance and policies were often directed towards assimilation and control rather than empowerment. Historical treaties and policies were structured in ways that prioritized colonial expansion and resource extraction, often at the expense of indigenous sovereignty and well-being. These historical patterns have entrenched systemic marginalization that persists in varying forms today, highlighting a need for policies that genuinely respect and incorporate indigenous perspectives and rights .

Inherent rights are intrinsic rights that are considered as having existed naturally, before they were recognized or enforced by law, and these rights include self-determination and sovereignty. For indigenous peoples in Canada, inherent rights signify their authority to act or be treated in specific ways according to their belief of ancestral origin and historical occupancy of their lands. These rights include the right to self-governance and the assertion of their nationhood, as emphasized in the Dene Declaration .

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