treaties & treaty relationships Flashcards
treaty
formal agreement that has been negotiated and solidified between leaders or representatives of 2+ nations
2 defining characteristics of a treaty
- nation-specific
- territorially defined
2 intentions of treaties
- promote peaceful co-existence
- set conditions for good relationships
who were historical treaties formed between?
- british governments and indigenous nations
- canada and indigenous nations
what object reflects how treaties are about indigenous-settler relations?
two-row wampum belt
what does the two-row wampum belt symbolize?
non-interference and peaceful co-existence
when were treaties formed before european contact?
between indigenous nations to achieve peaceful co-existence by defining territory
how were treaties based before european contact?
rooted in indigenous worldviews, languages, respect, reciprocity, and accountability rather than contract and ownership
how are treaties understood as sacred agreements?
protect indigenous land, languages, and culture for generations to share the land and its resources with settlers under mutual respect
how does craft see the flexibility of treaties?
unchangeable and unable to be void
how are treaties different than laws?
treaties are relationally-formed and based on indigenous knowledge, autonomy, and decision-making rather than imposed
______ has influenced how treaties are discursively and legally articulated
colonialism
how would colonial governors use treaties to build trust?
they relied on indigenous frameworks
what transformed treaties from relationship agreements to land cession contracts?
desire for land and control
what 2 things were promised in treaties that were never given to indigenous peoples?
- land was never sold
- sovereignties were never relinquished
how does one interpret a treaty?
examine the spirit and intent of all parties, including understanding the values and laws of the people who made it
how did canadian and indigenous agreements differ?
canadian government used written word contracts while indigenous peoples memorized oral agreements
how does craft feel about canadian legal perspectives?
believes they need to give weight to indigenous interpretations and laws
what does craft argue is the foundation of treaty making?
indigenous laws
what type of law does craft explore?
anishinaabe law
why does craft explore anishinaabe law during treaty one negotiations?
to understand the meaning and uncover alternative understandings of the words used by the parties
indigenous law emphasizes the importance of ______
relationships
indigenous governance usually emphasized ______
consensus
what does it mean to say that indigenous governance emphasized consensus?
whole communities attended negotiations to offer input on discussions
some view treaties as an agreement to incorporate…
settlers into a kinship relationship with indigenous peoples
how are treaties seen within indigenous legal perspectives?
frameworks of law and peace within a context of intercultural diplomacy
what is protected in section 35 of the constitution act (1982)?
aboriginal and treaty rights
what is canada’s highest law
constitution act
when were metis and inuit rights legally recognized in canada?
constitution act
aboriginal rights
rights to engage in certain activities that are recognized as central to indigenous traditional cultures
treaty rights
rights that were/are negotiated and solidified in treaties
______ activities were also sometimes affirmed in treaties
traditional