Treaties and treaty relationships Flashcards
what is the current approach to reconciliation?
supreme court is trying to figure out how to reconcile with pre-existing aboriginal societies while keeping the sovereignty of the Crown
why is reconciliation limited?
it does not grant full right to self-determination of indg. people and it does not challenge the underlying title of the Crown
how are treaties presented?
as sui generis authority agreements
- not governed by domestic law about contracts
- not goverened by international law
what were early treaties?
peace and friendship treaties, not about transfer of land
What did the royal proclamation say about settlement?
there had to be a transfer of title to the Crown prior to settlement
what are the numbered treaties?
large-scale process of opening West for settlement, claimed to have brought indg. people under sovereign authority of the Dominion of Canada
What are modern treaties like?
seek to resolve outstanding land claims and relace Aboriginal rights with treaty rights under the sovereignty of the Crown -
what is the indigenous understanding of treaties?
not mere contracts, framework for their relationship (respect, peace and non-interference)