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indigenous studies > treaties & treaty relationships > Flashcards

treaties & treaty relationships Flashcards

1
Q

treaty

A

formal agreement that has been negotiated and solidified between leaders or representatives of 2+ nations

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2
Q

2 defining characteristics of a treaty

A
  1. nation-specific
  2. territorially defined
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3
Q

2 intentions of treaties

A
  1. promote peaceful co-existence
  2. set conditions for good relationships
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4
Q

who were historical treaties formed between?

A
  • british governments and indigenous nations
  • canada and indigenous nations
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5
Q

what object reflects how treaties are about indigenous-settler relations?

A

two-row wampum belt

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6
Q

what does the two-row wampum belt symbolize?

A

non-interference and peaceful co-existence

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7
Q

when were treaties formed before european contact?

A

between indigenous nations to achieve peaceful co-existence by defining territory

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8
Q

how were treaties based before european contact?

A

rooted in indigenous worldviews, languages, respect, reciprocity, and accountability rather than contract and ownership

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9
Q

how are treaties understood as sacred agreements?

A

protect indigenous land, languages, and culture for generations to share the land and its resources with settlers under mutual respect

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10
Q

how does craft see the flexibility of treaties?

A

unchangeable and unable to be void

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11
Q

how are treaties different than laws?

A

treaties are relationally-formed and based on indigenous knowledge, autonomy, and decision-making rather than imposed

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12
Q

______ has influenced how treaties are discursively and legally articulated

A

colonialism

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13
Q

how would colonial governors use treaties to build trust?

A

they relied on indigenous frameworks

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14
Q

what transformed treaties from relationship agreements to land cession contracts?

A

desire for land and control

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15
Q

what 2 things were promised in treaties that were never given to indigenous peoples?

A
  1. land was never sold
  2. sovereignties were never relinquished
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16
Q

how does one interpret a treaty?

A

examine the spirit and intent of all parties, including understanding the values and laws of the people who made it

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17
Q

how did canadian and indigenous agreements differ?

A

canadian government used written word contracts while indigenous peoples memorized oral agreements

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18
Q

how does craft feel about canadian legal perspectives?

A

believes they need to give weight to indigenous interpretations and laws

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19
Q

what does craft argue is the foundation of treaty making?

A

indigenous laws

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20
Q

what type of law does craft explore?

A

anishinaabe law

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21
Q

why does craft explore anishinaabe law during treaty one negotiations?

A

to understand the meaning and uncover alternative understandings of the words used by the parties

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22
Q

indigenous law emphasizes the importance of ______

A

relationships

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23
Q

indigenous governance usually emphasized ______

A

consensus

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24
Q

what does it mean to say that indigenous governance emphasized consensus?

A

whole communities attended negotiations to offer input on discussions

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25
Q

some view treaties as an agreement to incorporate…

A

settlers into a kinship relationship with indigenous peoples

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26
Q

how are treaties seen within indigenous legal perspectives?

A

frameworks of law and peace within a context of intercultural diplomacy

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27
Q

what is protected in section 35 of the constitution act (1982)?

A

aboriginal and treaty rights

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28
Q

what is canada’s highest law

A

constitution act

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29
Q

when were metis and inuit rights legally recognized in canada?

A

constitution act

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30
Q

aboriginal rights

A

rights to engage in certain activities that are recognized as central to indigenous traditional cultures

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31
Q

treaty rights

A

rights that were/are negotiated and solidified in treaties

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32
Q

______ activities were also sometimes affirmed in treaties

A

traditional

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33
Q

how has canada normally recognized indigenous rights in law?

A

they have the right to use the land for traditional practices, but any consideration for land title did not include sovereignty or ownership

34
Q

what is the underlying european/canadian intention for treaties?

A

own and control land

35
Q

2 situations where canada would want to clear an area of aboriginal title

A
  1. land had significant value
  2. settler expansion was underway
36
Q

when were early treaties between the british and indigenous nations created?

A

1600s

37
Q

what formally established the process of treaty-making?

A

royal proclamation of 1763

38
Q

why weren’t any treaties negotiated between 1923-1973?

A

canada prohibited the use of band funds for land claim actions

39
Q

how many numbered treaties are there?

A

11

40
Q

what is the opening story that craft uses in her article?

A

she interviews her grandfather about the treaty one negotiations

41
Q

what is the problem with the written record of treaty one?

A

inherent biases

42
Q

how were the written records of treaty one negotiations biased?

A

crown negotiator’s speeches/newspapers reflected the intent of the crown, which portrayed the demands of indigenous chiefs as extravagant

43
Q

______ fundamentally shapes social understandings and legal commitments

A

language

44
Q

the ______ ______ ______ is one of the few attempts made to understand the anishinaabe perspective of treaty one negotiations

A

oral history record

45
Q

what led to the negotiation of treaty one?

A

growing indigenous resistance

46
Q

who published a statement in the Nor’wester stating that any settler who planted on indigenous lands would be required to make payments?

A

chief peguis

47
Q

treaty one

A

agreement made between the crown and the anishinaabe people of southern manitoba

48
Q

what is treaty one known as?

A

stone fort treaty

49
Q

why is treaty one known as the stone fort treaty?

A

negotiations took place at lower fort garry, which was a stone fort operated by the HBC

50
Q

in addition to a trading fort, what was the other function of lower fort gary?

A

manitoba’s first penitentiary

51
Q

what replaced lower fort gary as a penitentiary?

A

manitoba penitentiary

52
Q

explain the conditions of treaty one negotiations

A

occurred over 8 days where indigenous people created a camp in a semi-circle surround the fort

53
Q

list the 7 treaty one first nations

A
  1. peguis
  2. sagkeeng
  3. brokenhead
  4. roseau river
  5. long plain
  6. sandy bay ojibway
  7. swan lake
54
Q

3 obligations that canada would have to anishinaabe after treaty one

A
  1. non-interference with each other’s affairs
  2. respect for teritory and jurisdiction
  3. commitment to agreements made in ceremony
55
Q

3 agreements about non-interference and maintaining indigenous autonomy in treaty one

A
  1. indigenous ways of life would be maintained
  2. not confined to reserves unless intentional
  3. continue traditions, customs, and ways of life
56
Q

what were indigenous peoples promised in treaty one regarding land?

A

“lots” of land were reserved for the exclusive use of first nations, not to be used by any settlers

57
Q

what happened when anishinaabe selected their land after treaty one?

A

selection was refused by the crown

58
Q

land negotiations in treaty one were marked by threat of ______

A

land loss

59
Q

how did the crown threaten land loss during treaty one?

A
  • offer would not be presented again
  • disagreement would cause land to be swamped by settlers without compensation
60
Q

when was treaty one signed?

A

august 3, 1871

61
Q

what was the problem with writing/interpreting treaty one?

A

it uses western legal understandings of land alienation which uses the words cede, release, surrender, and yield up to her majesty the queen

62
Q

indigenous chiefs considered _______ agreements as binding as ______ agreements for treaty one

A

verbal, written

63
Q

what is the current annuity/person for allocation of farming animals/ploughs?

A

$5

64
Q

what does craft say is the substantive agreement with treaty one?

A

enter into a relationship of mutual assistance and care, where land was to be shared with white settlers

65
Q

which provinces did treaties two and three cover?

A
  • manitoba
  • ontario
66
Q

what happened to manitoba’s borders in 1881?

A

extended to include the areas covered by treaties one, two, and three

67
Q

what is treaty two known as?

A

manitoba post treaty

68
Q

terms of treaty ______ closely resembled the terms of treaty one

A

two

69
Q

what is treaty three known as?

A

northwest angle treaty

70
Q

which first nations group negotiated treaty three?

A

anishinaabe of the lake of the woods

71
Q

treaty ______ had more generous terms

A

three

72
Q

how were the terms of treaty three more generous?

A

allowed continuation of hunting and fishing rights and agricultural equipment/supplies

73
Q

which was the first numbered treaty to include metis?

A

treaty three

74
Q

half-breed adhesion

A

including metis in the negotiations for treaty three

75
Q

treaty ______ set precedent for the remainder of the numbered treaties and metis inclusion

A

three

76
Q

______ guaranteed under the numbered treaties were inconsistent?

A

reserve sizes

77
Q

how did treaties one and two differ from treaties three-eleven in terms of reserve sizes?

A

treaties one and two promised 160 acres/family of 5

treaties three-eleven promised 640 acres/family of 5

78
Q

how did treaties prevent indigenous peoples from benefitting from reserve land and a homestead?

A

they couldn’t acquire land rights by homestead policies

79
Q

2 ways treaties caused loss of indigenous traditional ways of life

A
  1. losing access to the land and means of survival
  2. direct cause of hunger, malnutrition, and poverty
80
Q

how did canadian lawmakers view reserves?

A

temporary spaces where indigenous peoples would be confined until they assimilated

81
Q

viewing reserves as temporary spaces reflected ______

A

enfranchisement

82
Q

what do treaty stories relate to today?

A
  • lack of funding to first nations
  • denial of health and education services
  • imposition of ways of life

indigenous studies (1 decks)

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