Module 3 - Belanger Ch 4 - Treaties Flashcards

1
Q

What dual symbolism do treaties represent in the Indigenous-Crown relationship?

A

Treaties symbolize both a purposeful dialogue for resolving cross-cultural issues and the ongoing colonial relationship stemming from political and economic imbalances.

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2
Q

How do Indigenous and Canadian perspectives on treaties differ?

A

Indigenous perspectives view treaties as sacred covenants requiring renewal and ongoing relationships, while Canadian perspectives often treat them as legal documents or historic relics.

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3
Q

What does the phrase “We are all treaty people” signify?

A

It reflects the reality that treaties are collective agreements between Indigenous and non-Indigenous peoples, emphasizing shared responsibilities and benefits.

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4
Q

What differentiates historic treaties from modern-day treaties?

A

Modern-day treaties are rigorously negotiated and legally ratified, while historic treaties were often hastily negotiated, lacking precise documentation of oral agreements.

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5
Q

What role did Indigenous treaties historically play in regional balance?

A

They fostered peaceful relationships, enabled trade and resource sharing, and avoided costly conflicts among Indigenous nations.

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6
Q

What was the significance of wampum in Indigenous treaty-making?

A

Wampum symbolized the binding nature of treaty agreements and was exchanged alongside gifts to finalize treaties.

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7
Q

How were grievances addressed in Indigenous treaty councils?

A

Delegates aired grievances, presented thoughtful responses, and assessed each other’s diplomatic skills to negotiate binding agreements.

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8
Q

Why are treaties considered foundational to reconciliation in Canada?

A

They are key to ensuring equality of opportunity for Indigenous peoples through respect for cultures, political reform, and improved economic opportunities.

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9
Q

What historical precedent existed for treaty diplomacy among Indigenous peoples?

A

By the sixteenth century, Indigenous peoples already had a long history of treaty diplomacy, predating European systems of international treaty-making.

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10
Q

What was the role of the “doctrine of discovery” in European land claims?

A

The doctrine of discovery allowed Europeans to claim “terra nullius” (unoccupied land) but required extinguishing Indigenous title through abandonment, war, or treaties.

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11
Q

How did European competition influence treaty diplomacy in North America?

A

The British, French, and Dutch adapted to Indigenous treaty-making practices to secure alliances and economic advantages, merging Indigenous and European approaches.

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12
Q

What unique treaty-making traditions were established in North America?

A

A hybrid system combining Indigenous diplomatic customs with European treaty norms evolved, emphasizing mutual respect, cultural values, and shared goals.

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13
Q

How did the balance of power shift affect treaty interpretation?

A

As Indigenous societies lost their economic and military advantages, European leaders increasingly prioritized written treaty texts over oral agreements.

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14
Q

What is the significance of treaties in Canada’s constitutional framework?

A

Treaties are integral to Canada’s constitutional DNA, embodying nation-to-nation agreements that have evolved but remain legally and politically significant.

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15
Q

How did early treaties acknowledge Indigenous sovereignty?

A

The practice of treaty-making recognized Indigenous nations as sovereign political entities with the right to negotiate land use and alliances.

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16
Q

What tensions exist in treaty interpretation between Indigenous and non-Indigenous leaders?

A

Indigenous leaders emphasize oral promises and holistic agreements, while non-Indigenous leaders often prioritize written treaty documents.

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17
Q

What characterized the early North American treaty order?

A

It was based on diplomatic negotiations between sovereign Indigenous nations and European powers to establish mutual agreements classified as treaties.

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18
Q

How did European attitudes towards treaties change over time?

A

Europeans began framing treaties in binary terms, treating Indigenous peoples as a singular political entity and focusing on territorial cessions rather than nation-to-nation agreements.

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19
Q

What are the four eras of treaty-making in Canada, according to Indigenous leaders?

A

First contact to the Royal Proclamation (1763) – Compacts

Post–Royal Proclamation to Confederation (1867) – Contracts

Post-Confederation to Natural Resources Transfer Agreements (1930) – Covenants

Modern treaty period (1975–present) – Undefined but embracing earlier principles.

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20
Q

What was the significance of the Royal Proclamation of 1763?

A

It declared lands west of the Appalachians as British territory reserved for Indigenous use, emphasizing the need for treaties to legitimize land transactions.

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21
Q

What was the Treaty of Niagara (1764)?

A

A framework for Indigenous–Crown relations where over 2,000 Indigenous leaders clarified the Royal Proclamation’s provisions and renewed political relationships.

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22
Q

How did the “contract phase” negatively impact Indigenous peoples?

A

Colonial officials pushed for imprecise land-sale treaties that disregarded Indigenous understanding of treaties as sacred, mutually beneficial agreements.

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23
Q

How did the British policy shift after the War of 1812?

A

Indigenous peoples were no longer seen as allies or trade partners but as wards of the Crown, undermining their sovereignty and promoting integration into colonial society.

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24
Q

What impact did the 1830 British policy change have on Indigenous autonomy?

A

It disempowered Indigenous nations by making them wards of the Crown and shifted the treaty order towards policies of assimilation.

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25
Q

How do Indigenous leaders view treaties compared to colonial interpretations?

A

Indigenous leaders see treaties as sacred, nation-to-nation agreements promoting mutual respect, while colonial powers often treated them as land-sale contracts.

26
Q

How many formal treaties and land surrenders were negotiated with First Nations in Canada before Confederation?

A

123 formal treaties and land surrenders were negotiated between first contact and Confederation (1867), along with hundreds of other similar agreements.

27
Q

How did Indigenous leaders view treaty negotiations?

A

Indigenous leaders envisioned treaty negotiations as discussions between political equals, aiming for mutually beneficial agreements that respected their sovereignty (imperium) and land rights (dominium).

28
Q

How did colonial officials’ priorities in treaty-making shift over time?

A

By the mid-19th century, colonial officials focused on land acquisition and extinguishing Aboriginal title to facilitate settler expansion, often disregarding earlier principles of mutual benefit and Indigenous sovereignty.

29
Q

What was significant about treaties negotiated by James Douglas on the West Coast?

A

Between 1851 and 1859, Governor James Douglas negotiated treaties with 14 Indigenous communities on Vancouver Island, securing land surrenders while promising continued access to hunting, fishing, and reserve lands. However, similar treaties were not pursued on the mainland or other parts of British Columbia.

30
Q

What regions in Canada remain without formal treaties with the Crown?

A

Most of British Columbia, parts of Yukon, the Northwest Territories, Quebec, and the Atlantic provinces (except Northern Labrador) remain without formal treaties.

31
Q

What did the Supreme Court of Canada decide in Tsilhqot’in Nation v. British Columbia (2014)?

A

The Court ruled that lands without formal treaties are considered to implicitly possess Aboriginal title, prohibiting non-Indigenous ownership until treaties are negotiated and the land is ceded to the Crown.

32
Q

What was the Comprehensive Land Claims process, and why was it introduced?

A

Launched in 1973, this process aimed to resolve questions of title in regions where treaties had not been signed and Aboriginal title had not been extinguished.

33
Q

What happened to the Lubicon Cree of Alberta during the treaty-making process?

A

The Lubicon Cree were overlooked during treaty negotiations because they were away hunting. As a result, their land was considered ceded by neighboring groups, allowing the province to lease it for resource development.

34
Q

What has been a significant issue in the implementation of treaties?

A

Many treaties were not implemented according to the spirit and intent of the negotiations, leading to disputes over land use, resource rights, and the honoring of treaty promises.

35
Q

What was Rupert’s Land, and how did Canada acquire it?

A

Rupert’s Land was acquired by Canada in 1868 from the Hudson’s Bay Company for £300,000, with Canada assuming responsibility for Indigenous claims to land.

36
Q

Why did Indigenous leaders push for treaties in the late 19th century?

A

Indigenous leaders sought treaties to protect their rights, fearing loss of land and resources due to settler pressure and increasing displacement.

37
Q

What were the goals of the Canadian government in negotiating treaties?

A

To extinguish Aboriginal title, promote westward settlement, and assert Canadian sovereignty over new territories.

38
Q

What are the Numbered Treaties?

A

A series of 11 treaties negotiated between 1871 and 1921 to acquire land from Indigenous peoples in exchange for reserves, annuities, and other benefits.

39
Q

What were the benefits promised to Indigenous peoples in the Numbered Treaties?

A

Reserves for exclusive use.

Annual annuity payments.

Rights to hunt, fish, and trap on unoccupied Crown lands.

Educational and agricultural support.

Additional provisions like a “medicine chest” in Treaty 6.

40
Q

What is the “Natural Resource Transfer Act” of 1930, and why is it controversial?

A

It transferred control of Crown lands and resources to provinces, undermining treaty promises related to Indigenous land use and rights.

41
Q

What are the Williams Treaties, and why are they significant?

A

Signed in 1923, these treaties resolved outstanding claims in Ontario but controversially eliminated off-reserve hunting, fishing, and trapping rights.

42
Q

Why were Indigenous leaders motivated to sign the Numbered Treaties?

A

They sought protection from settler encroachment, preservation of hunting and fishing rights, and economic support for their communities.

43
Q

What role did the British Crown play in the Numbered Treaties?

A

As Canada was not fully sovereign, the British Crown negotiated the treaties, with Canadian officials often present as observers.

44
Q

How did the treaty-making process differ in the modern era (post-1975)?

A

Modern treaties take decades to negotiate, incorporate principles from earlier eras, and focus on comprehensive land claims and self-governance.

45
Q

What marks the beginning of the modern treaty period in Canada?

A

The signing of the James Bay and Northern Quebec Agreement (JBNQA) in 1975.

46
Q

What are the two main focuses of modern treaties?

A

Specific land claims (resolving past grievances) and comprehensive land claims (addressing areas without existing treaties).

47
Q

How are modern treaties different ideologically from historic treaties?

A

Modern treaties emphasize resolving socio-economic challenges and are framed within land claims and self-government agreements, rather than nation-to-nation sovereignty.

48
Q

What are the three types of land in the James Bay and Northern Quebec Agreement?

A

Category I Lands: Exclusive use for Indigenous communities.

Category II Lands: Managed jointly with exclusive Indigenous hunting, fishing, and trapping rights.

Category III Lands: Public lands with shared rights for Indigenous and non-Indigenous people.

49
Q

What are the objectives of comprehensive land claims?

A

Certainty of title to lands and resources.

Enhanced economic and socio-economic opportunities for Indigenous communities.

50
Q

What is the difference between specific and comprehensive land claims?

A

Specific claims address grievances over existing treaties or Crown mismanagement.

Comprehensive claims deal with lands not covered by historic treaties or where Aboriginal title is uncertain.

51
Q

How many modern treaties have been signed since 1975?

A

26 comprehensive land claims covering roughly 40% of Canada’s land mass.

52
Q

What unique self-government features were implemented in the Nisga’a Treaty?

A

Management of resources, lands, and assets.

Authority over areas like education, health, and child welfare.

Operates under the Canadian Constitution and Charter of Rights and Freedoms.

53
Q

What are some challenges faced by modern self-government agreements?

A

Long negotiation timelines (often 20–25 years).

High costs.

Complexity in balancing Indigenous and non-Indigenous interests.

54
Q

What is the Comprehensive Claims Policy (CCP)?

A

A framework for negotiating land claims with criteria such as traditional land use, occupancy since time immemorial, and exclusion of other groups.

55
Q

Why are modern treaties significant?

A

They aim to resolve outstanding land claims, enhance Indigenous rights, and establish self-governance frameworks.

56
Q

Why did British Columbia initially disregard treaty negotiations after Confederation?

A

Upon entering Confederation in 1871, B.C. ignored federal demands to negotiate treaties, leading to the occupation of unceded lands and the forced displacement of Indigenous communities.

57
Q

What is the role of the B.C. Treaty Commission (BCTC)?

A

Coordinate the start of negotiations.

Assess readiness of parties.

Monitor progress of negotiations.

Allocate funds for First Nations’ participation.

Maintain a public record of negotiation statuses.

58
Q

What are the six stages of the B.C. Treaty Process?

A

Statement of Intent to Negotiate: First Nation submits a statement to the BCTC.

Readiness to Negotiate: Parties confirm commitment and resources.

Framework Agreement Negotiation: Define issues, goals, and timelines.

Agreement-in-Principle Negotiation: Identify rights and obligations for the treaty.

Treaty Finalization: Address technical/legal issues and finalize the treaty.

Treaty Implementation: Phased-in implementation of agreements.

59
Q

What is Treaty Land Entitlement (TLE)?

A

A process to resolve land debts owed to First Nations under treaties, allowing them to purchase additional land to add to their reserves.

60
Q

Which provinces are most involved in Treaty Land Entitlement claims?

A

Manitoba and Saskatchewan.

61
Q

What role does the Office of the Treaty Commissioner (OTC) in Saskatchewan play?

A

It facilitates dialogue about treaty implementation, land claims, and jurisdictional issues between First Nations and the Crown.

62
Q

What are the challenges faced by the B.C. Treaty Process?

A

High costs for Indigenous participants.

Slow progress in negotiations.

Reliance on outdated legal doctrines like the doctrine of discovery.

Requirement to extinguish Aboriginal rights.