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
how has canada normally recognized indigenous rights in law?
they have the right to use the land for traditional practices, but any consideration for land title did not include sovereignty or ownership
what is the underlying european/canadian intention for treaties?
own and control land
2 situations where canada would want to clear an area of aboriginal title
- land had significant value
- settler expansion was underway
when were early treaties between the british and indigenous nations created?
1600s
what formally established the process of treaty-making?
royal proclamation of 1763
why weren’t any treaties negotiated between 1923-1973?
canada prohibited the use of band funds for land claim actions
how many numbered treaties are there?
11
what is the opening story that craft uses in her article?
she interviews her grandfather about the treaty one negotiations
what is the problem with the written record of treaty one?
inherent biases
how were the written records of treaty one negotiations biased?
crown negotiator’s speeches/newspapers reflected the intent of the crown, which portrayed the demands of indigenous chiefs as extravagant
______ fundamentally shapes social understandings and legal commitments
language
the ______ ______ ______ is one of the few attempts made to understand the anishinaabe perspective of treaty one negotiations
oral history record
what led to the negotiation of treaty one?
growing indigenous resistance
who published a statement in the Nor’wester stating that any settler who planted on indigenous lands would be required to make payments?
chief peguis
treaty one
agreement made between the crown and the anishinaabe people of southern manitoba
what is treaty one known as?
stone fort treaty
why is treaty one known as the stone fort treaty?
negotiations took place at lower fort garry, which was a stone fort operated by the HBC
in addition to a trading fort, what was the other function of lower fort gary?
manitoba’s first penitentiary
what replaced lower fort gary as a penitentiary?
manitoba penitentiary
explain the conditions of treaty one negotiations
occurred over 8 days where indigenous people created a camp in a semi-circle surround the fort
list the 7 treaty one first nations
- peguis
- sagkeeng
- brokenhead
- roseau river
- long plain
- sandy bay ojibway
- swan lake
3 obligations that canada would have to anishinaabe after treaty one
- non-interference with each other’s affairs
- respect for teritory and jurisdiction
- commitment to agreements made in ceremony
3 agreements about non-interference and maintaining indigenous autonomy in treaty one
- indigenous ways of life would be maintained
- not confined to reserves unless intentional
- continue traditions, customs, and ways of life
what were indigenous peoples promised in treaty one regarding land?
“lots” of land were reserved for the exclusive use of first nations, not to be used by any settlers
what happened when anishinaabe selected their land after treaty one?
selection was refused by the crown
land negotiations in treaty one were marked by threat of ______
land loss
how did the crown threaten land loss during treaty one?
- offer would not be presented again
- disagreement would cause land to be swamped by settlers without compensation
when was treaty one signed?
august 3, 1871
what was the problem with writing/interpreting treaty one?
it uses western legal understandings of land alienation which uses the words cede, release, surrender, and yield up to her majesty the queen
indigenous chiefs considered _______ agreements as binding as ______ agreements for treaty one
verbal, written
what is the current annuity/person for allocation of farming animals/ploughs?
$5
what does craft say is the substantive agreement with treaty one?
enter into a relationship of mutual assistance and care, where land was to be shared with white settlers
which provinces did treaties two and three cover?
- manitoba
- ontario
what happened to manitoba’s borders in 1881?
extended to include the areas covered by treaties one, two, and three
what is treaty two known as?
manitoba post treaty
terms of treaty ______ closely resembled the terms of treaty one
two
what is treaty three known as?
northwest angle treaty
which first nations group negotiated treaty three?
anishinaabe of the lake of the woods
treaty ______ had more generous terms
three
how were the terms of treaty three more generous?
allowed continuation of hunting and fishing rights and agricultural equipment/supplies
which was the first numbered treaty to include metis?
treaty three
half-breed adhesion
including metis in the negotiations for treaty three
treaty ______ set precedent for the remainder of the numbered treaties and metis inclusion
three
______ guaranteed under the numbered treaties were inconsistent?
reserve sizes
how did treaties one and two differ from treaties three-eleven in terms of reserve sizes?
treaties one and two promised 160 acres/family of 5
treaties three-eleven promised 640 acres/family of 5
how did treaties prevent indigenous peoples from benefitting from reserve land and a homestead?
they couldn’t acquire land rights by homestead policies
2 ways treaties caused loss of indigenous traditional ways of life
- losing access to the land and means of survival
- direct cause of hunger, malnutrition, and poverty
how did canadian lawmakers view reserves?
temporary spaces where indigenous peoples would be confined until they assimilated
viewing reserves as temporary spaces reflected ______
enfranchisement
what do treaty stories relate to today?
- lack of funding to first nations
- denial of health and education services
- imposition of ways of life
