LESSON 5 & 6: The Interpretation of Indigenous Treaties and Rights

Question 1

Two Row Wampum Belt (2)

Answer 1

(1) one of the many peace and friendship treaties agreed to between Indigenous nations and Europeans in Turtle Island, agreements which spoke of maintaining peaceful co-existence and harmony.
(2) This Wampum in particular is a treaty first agreed to between the Haudenosaunee and the Dutch in 1613.

Question 2

Two Row Wampum treaty (2)

Answer 2

(1) the two nations would agree to exist, living side by side, but never interfere in each other’s government or way of life
(2) was a document of great humanity, because at the time our people were very powerful and these people very small, but in the document, as you see it, they are equal, as we believe all people are equal

Question 3

One of the earliest treaties on record

Answer 3

“Great Law of Peace” of 1142, an agreement that led to the forming of the Haudenosaunee Confederacy

Question 4

Indian treaties

Answer 4

agreements and sacred covenants made between Indigenous peoples and the Crown after the arrival of the Europeans

Question 5

Royal Proclamation of 1763 (6)

Answer 5

(1) Britain beat France in war, the British monarch claimed land that had been taken from Indigenous peoples by the French.
(2) Britain reserved a large area in the interior for the exclusive use of Indigenous peoples, which was to be kept under protection as their hunting grounds.
(3) recognized Indigenous title of the “reserved” land not ceded by or purchased from them.
(4) All this land was Indigenous land until ceded by treaty.
(5) It also outlined that only the Crown could enter into land negotiations with Indigenous occupants.
(6) Settlers were prohibited from acquiring land from Indigenous inhabitants directly; Indigenous land had to be first purchased from First Nations by the Crown and then sold to the colonists.

Question 6

Royal Proclamation has been referred to as:

Answer 6

the “Indian Bill of Rights,” the “Indian Charter,” or, sometimes, the “Indian Magna Carta” because it established the constitutional framework for the future negotiation of treaties.

Question 7

set the groundwork for future treaty making.

Answer 7

the Royal Proclamation

Question 8

many Indigenous peoples were happy about the Royal Proclamation because…

Answer 8

it gave Indigenous peoples control over their land as well as a degree of political autonomy.

Question 9

many Indigenous peoples were happy about the Royal Proclamation but ultimately. . . (2)

Answer 9

(1) Indigenous peoples realized that the proclamation wasn’t intended to protect them but rather to protect the beavers
(2) it was protecting the beaver habitats, so Europe could continue to acquire the pelts through the fur trade

Question 10

The Treaty of Niagara of 1764 (3)

Answer 10

(1) this event served to ratify the 1763 Royal Proclamation
(2) this great gathering at Niagara was organized to “cement” the Royal Proclamation
(3) The colonists presented the Royal Proclamation during the meeting at the Treaty of Niagara; Indigenous peoples then accepted and affirmed it

Question 11

Covenant Chain of Friendship

Answer 11

A multination alliance wherein no participant renounced sovereignty

Question 12

The conference has long been regarded as the most widely representative gathering of Indigenous peoples ever brought together for a treaty agreement.

Answer 12

Treaty of Niagara

Question 13

Intended function of the Treaty of Niagara conference

Answer 13

was to agree to a “Treaty of Offensive and Defensive Alliance”

Question 14

Treaty of Offensive and Defensive Alliance (3)

Answer 14

(1) stated that this treaty would include a promise by the Crown to Indigenous peoples that would “Assure them of a Free Fair & open trade, at principle Posts & a free intercourse, & passage into our Country,
(2) That we will make no Settlements or Encroachments contrary to Treaty, or without their permission.
(3) That we will bring to justice any persons who commit Robberys or Murders on them & that we will protect and aid them against their & our Enemys, & duly observe our Engagements with them.

Question 15

At the Niagara conference, Johnson then offered two wampum belts and delivered a speech. These two belts are referred to as:

Answer 15

(1) The British and Great Lakes Covenant Chain Confederacy Wampum Belt” and
(2) “The Twenty-Four Nations Wampum Belt

Question 16

The British and Great Lakes Covenant Chain Confederacy Wampum Belt (2)

Answer 16

(1) represented a strong relationship among equal allies, a relationship that would be as strong as chain links.
(2) Yet this relationship could also tarnish, just as silver tarnishes, implying that it might need regular polishing and repolishing

Question 17

The Twenty-Four Nations Wampum Belt (4)

Answer 17

(1) Depicts a chain secured around a rock, which ran through the hands of the 24 other Indigenous nations at the conference and was attached to a British ship.
(2) It served to represent the negotiated promise that Britain and Indigenous nations would share North America’s resources and bounty.
(3) The British ship contains bounty reaching across the Atlantic and anchored to North America; this wealth is connected to a rope in the hands of representatives of the 24 Indigenous nations.
(4) If the British ever forgot their responsibility of providing the agreed upon gifts to Indigenous nations, Indigenous peoples are to pull the rope as a reminder to get the British back on track.

Question 18

Indigenous peoples presented Johnson with what as a way to demonstrate their understanding of the Royal Proclamation & Treaty of Niagara?

Answer 18

with the Gus Wen Tah, or the “Two-Row Wampum Belt

Question 19

Two-Row Wampum Belt (3)

Answer 19

(1) codified a nation-to-nation relationship rooted in the philosophy and practice of non-interference mediated by peace, friendship, and respect.
(2) made of white and purple wampum beads.
(3) It has two parallel purple lines, one line representing the canoe of Indigenous peoples—their customs, ways, and laws—and the other a European ship that carries the laws, traditions, and customs of that world.

Question 20

The Numbered Treaties (4)

Answer 20

(1) also referred to as the post-Confederation treaties, were signed from 1871 to 1921 in parts of Ontario; all of Manitoba, Saskatchewan, and Alberta; portions of Yukon; a small part of northeastern British Columbia; and the western part of the Northwest Territories.
(2) They were not monolithic, as each was created in relation to people’s own specific geographies and social conditions; however, they were alike, as all were designed to allow Canadian governments to pursue settlement and resource extraction.
(3) although the treaties do vary, their provisions are similar.
(4) In exchange for land or its use, Indigenous peoples were to receive reserve lands, monetary payments, educational allowances, and agricultural supplies and other tools or various items that would assist in their transition to participating fully in this new economy

Question 21

many Indigenous peoples viewed these treaties as a means to secure the well-being of their peoples and future generations
(The Numbered Treaties)
(2)

Answer 21

(1) Given the decline of the buffalo and other natural food sources, an increase in European diseases, and the continued expansion of European settlement and economic interests.
(2) those who entered into negotiations also did so to protect their cultures and peoples from the government’s goal of Indigenous assimilation.

Question 22

key to understanding Treaty 6 (2)

Answer 22

(1) some leaders felt pressure to negotiate before the situation deteriorated.
(2) Acknowledging Indigenous concern about the diminishing supply of game

Question 23

Settlers rather than Indigenous peoples pressured the government to get this treaty negotiated

Answer 23

Treaty 7

Question 24

With respect to the treaties, How did these different views of what was agreed upon come to be?

Answer 24

(1) Problems of interpretation during treaty talks have been identified as one culprit.

Question 25

epic canoe trip

Answer 25

(1) spanned 13 days whereby Haudenosaunee peoples as well as members of other Indigenous nations paddled side-by-side non-Indigenous allies in an historic journey down the Hudson River from Albany, New York, to New York City (NYC)—with Onondaga peoples carrying with them a replica of the Two Row Wampum belt

Question 26

The Two-row Wampum was first made in 1613 between the

Answer 26

Haudenosaunee & the Dutch

Question 27

Canadian parliament buildings are built over:

Answer 27

An ancient Algonquin burial site

Question 28

Indian agents (3)

Answer 28

(1) first mandated by the Indian Act of 1876, were seen as a mechanism to help move these priorities along.
(2) Agents were white, male government officials whose duty was to administer the delivery of treaty provisions.
(3) also given a variety of other powers and responsibilities, including the power to recommend that a chief or council be removed, the authority to impose residential school attendance, the responsibility of limiting traditional customs or practices deemed by the state as “uncivilized,” the duty of dispensing rations to individuals defined as in need, the ability to stand in as a justice of the peace when First Nations people violated laws, and the power of asserting control over First Nations people’s movement on and off reserves

Question 29

The “pass system” (3)

Answer 29

(1) First Nations people could not leave the reserve without a pass issued by an Indian agent
(2) First Nations person wishing to leave the reserve had to obtain a pass stipulating the duration and purpose of his or her absence and signed by an Indian agent.
(3) If a First Nations person was found without a pass or was found to have overstepped the conditions of the pass, she or he would be put into police custody and brought back to the reserve

Question 30

first pieces of “Indian” legislation enacted (2)

Answer 30

(1) by a Canadian legislature operating with ministerial responsibility.
(2) These acts were passed by the Province of Canada: An Act for the Protection of Indians in Upper Canada from Imposition, and the Property Occupied or Enjoyed by Them from Trespass and Injury (1850) and An Act for the Better Protection of the Lands and Property of Indians in Lower Canada (1851)

Question 31

This statute also offered the first definition of an “Indian.”

Answer 31

The legislation pertaining to Lower Canada

Question 32

Describe Act to Encourage the Gradual Civilization of the Indian Tribes

Answer 32

(1) Passed in 1857
(2) specified that an adult male “Indian” who was free of debt, of good moral character (as determined by a commission of non-Indigenous examiners), and fluent in either English or French could qualify for enfranchisement

Question 33

enfranchisement (2)

Answer 33

(1) meant foregoing “Indian status” and becoming part of the larger colonial society, in other words, giving up being “Indian” to become a “person.
(2) Any “Indian” man deemed worthy would receive full colonial citizenship as a British subject (including the right to vote), up to 50 acres of land from his reserve, a per capita share of treaty annuities, as well as other band money.

Question 34

This section affords the federal government absolute jurisdiction and power over “Indians and Lands Reserved for Indians

Answer 34

1867 Constitution Act under section 91(24)

Question 35

this act was the first to introduce provisions for the election of chiefs and councils

Answer 35

In 1869, the Canadian government passed An Act for the Gradual Enfranchisement of Indians, the Better Management of Indian Affairs, and to Extend the Provisions of the Act 31st Victoria

Question 36

act consolidated all prior federal legislation related to First Nations peoples and centralized the administration of “Indian” lands and laws, placing it under the authority of the “Superintendent of Indian Affairs

Answer 36

In 1876, the Parliament of Canada enacted the Indian Act

Question 37

were the main purposes and philosophical underpinnings of the Indian Act

Answer 37

assimilation & control

Question 38

Indian Act: the Canadian government enacted the law to fulfil three main functions

Answer 38

(1) to define who was and was not an Indian,
(2) to civilize the Indian, and
(3) to manage the Indian people and their lands

Question 39

broadened the system of enfranchisement

Answer 39

the act was amended so First Nations peoples who received a university degree, served in the military, or became a clergyman, lawyer, or doctor were vulnerable to compulsory enfranchisement and the concomitant loss of their status

Question 40

“double-mother” rule

Answer 40

stated that a child with “Indian” status would become automatically enfranchised if that child’s mother and grandmother had obtained their status through marriage to a status man.

Question 41

Several actions led to the passing of Bill C-31 (Bill to Amend the Indian Act) (3)

Answer 41

(1) Bédard and Lavell cases brought to the Supreme Court in 1973 - their legal challenge played a role in influencing women’s lobby groups to combat sex discrimination under the law.
(2) the United Nations Human Rights case brought forth by Maliseet woman Sandra Lovelace - name had been removed from the Indian Register after she married a non-Indian, and, thus, she was denied her right to education, housing, and health care in her community
(3) in 1982, the Canadian Charter of Rights and Freedoms was passed, and Bill C-31 came about largely because of its introduction

Question 42

Under the 1985 amendment, there is what is called a “two-generation cut-off clause (3)

Answer 42

(1) A person must prove that she or he has two parents who have Indian status, and then that person would be registered under section 6 (1).
(2) If an individual has only one parent with Indian status, he or she would be registered under section 6 (2).
(3) Those individuals registered under section 6 (2) must marry a status “Indian” to pass this status to their children.

Question 43

Bill C-3 Gender Equity in Indian Registration Act (2)

Answer 43

(1) reinstated status to those denied it on the basis of gender discrimination
(2) still insufficient, because the legislation is “a patchwork solution to the fundamentally flawed provisions dealing with status and citizenship in Indigenous communities

Question 44

the Indian Act was specifically set up by governments in an attempt to: (3)

Answer 44

(1) eliminate Indigenous peoples in Canada,
(2) detach women from communities, and
(3) acquire Indigenous land.

Question 45

What constituted a “band” or a “reserve” was also defined

Answer 45

(1) According to the act, a band is a body of Indians for whose use and benefit in common lands and legal title to them are vested in the Crown.
(2) A reserve was defined as a tract of land—the legal title of which is vested in the Crown—that “Indians” had the right to use.

Question 46

by-law powers do not represent true self-government (2)

Answer 46

(1) because they are based on the forms of governance compelled by the Indian Act rather than on the inherent rights of First Nations peoples.
(2) A number of First Nation communities strongly oppose the “governing structure imposed by the Indian Act.”

Question 47

White Paper

Answer 47

advocated putting those with Indian status on an equal footing with other Canadian citizens and, over a short time, abandoning the Indian Act and all the First Nation rights it guaranteed

Question 48

Was the model of social control studied by South Africa and the precursor to apartheid.

Answer 48

The pass system

Question 49

At the Potlatch held by Namgis Chief Dan Cranmer in Dec of 1921 this many people were arrested and charged.

Answer 49

10

Question 50

After the lifting of the Potlatch ban, the first publicly held Potlatch was hosted by Chief Mungo Martin in Victoria BC in

Answer 50

1952

Question 51

What is the English translation of “Potlatch?”

Answer 51

To give

Question 52

For the people who speak Kwak´wala—the Kwakwaka’wakw—what makes someone a rich and powerful person?

Answer 52

is someone who gives the most away.

Question 53

What are some of the purposes of the Potlatch?

Answer 53

(1) marks important occasions in the lives of the Kwakwaka’wakw: the naming of children, marriage, transferring rights and privileges and mourning the dead.
(2) To publicly recognize class structure and status
To pass on a family’s rights and privileges or inheritance. Such rights include:
Rights to land, property, fishing holes, berry patches, hunting grounds, and beach fronts.
The right to specific dances, songs, stories, and the right to display animal crest designs of a family’s clan.
The right to wear, use, and display certain regalia and objects that indicate leadership: hats, blankets, dance aprons, carved benches, shield-shaped copper plaques, masks, painted housefronts, and carved posts.
To celebrate marriages, the naming of babies, and the passing on of chief titles, names held within a family, and names that indicate leadership
To honor important people who have passed on
To comfort those who have lost a loved one
To celebrate the opening of ceremonial bighouses and raising of carved poles
To recognize the lineage of a family and renew the community’s ties to the ancestors
To celebrate the people’s relationship to the animal spirits and to give thanks
To restore one’s reputation in the community after a humiliation

Question 54

What do the coppers symbolize and represent for Kwakwaka’wakw peoples? (4)

Answer 54

(1) the greatest symbol of wealth and power
(2) Coppers document the most important events and transactions engaged in during the life of its owner and perhaps his or her descendants as well.
(3) Only chiefs can own coppers and owning a copper is required to conduct certain types of potlatch business
(4) The more used a copper was, or the more it was publicly displayed in a potlatch, the more valuable it became

Question 55

What does “breaking” a copper mean? (3)

Answer 55

(1) the most formidable challenge that could be made by an owner to a rival, who then must break a copper of equal or larger value.
(2) A rival who could not respond faced humiliation before the community.
(3) Today, breaking of coppers is not permitted at all within the ceremonial Bighouse because it is considered a hostile act.

Question 56

Damaging Impacts of “Indian” Legislation (2)

Answer 56

(1) caused great instability in his community through the displacement and erosion of his community’s laws and teachings
(2) Notably, it eroded the teachings based upon his community’s iis?ak’ which is a “respect for all life forms,” thus impacting their ancient teachings of “being kind to friends, neighbours, strangers, and relatives; of honouring the young female who was considered usma (precious): of honouring elders and grandparents; and of always loving your relatives