Opinion Dismantling the Indian Act and modernizing treaties is possible—and necessary Opinion: As the Indian Act comes under scrutiny, treaties could serve as a reminder of what we could achieve—or a mark of our collective failure by Ross Holden Oct 25, Treaty 9 Indigenous men at Fort Hope in Ontario,
Last Indian act and canadian treaties September 11, Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises.
On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries.
Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada. Indigenous treaties across Canada.
Indian act and canadian treaties, the true force of treaties is rooted in what was actually said, often in Indigenous languagesat the time of the negotiations. In addition, treaty deliberations were frequently accompanied by ceremonial conventions such as the smoking of sacred pipes calumet or an exchange of symbolically significant presents e.
Accordingly, many Indigenous peoples look to their elders who are schooled in oral histories as the highest authorities on the spirit and intent of the treaties.
For the Crownthe principles for treaty making with Indigenous peoples were articulated by King George III in the Royal Proclamation ofwhich established the constitutional foundations of Canada after the government of France withdrew its claims to North America. Court rulings since then have continued to shape treaty relations between the federal government and Indigenous peoples.
Historically, non-Indigenous treaty negotiators believed treaties were inexpensive and convenient ways to strip Aboriginal title i. In other words, treaties can be seen as real estate deals by which the Crown purchased Indigenous lands and provided them with reserves and one-time or continual payments in return see Treaty Day.
On the other is the Indigenous view of treaties as instruments of relationships between autonomous peoples who agree to share the lands and resources of Canada. Seen from the Indigenous perspective, treaties do not surrender rights; rather, they confirm Indigenous rights.
Treaties recognize that Indigenous peoples have the capacity to self-govern. Bridging the gap between these two views of treaties poses a huge challenge to people and lawmakers in Canada. The complex history of treaty making in Canada can be explored by examining four significant eras: Treaties with the French and British, to Treaties in Canada date back to the time when Europeans first arrived to North America.
Europeans sought to make alliances with Indigenous peoples as a way of maintaining the peace, providing access to natural resources and gaining alliances in trade and colonial wars. This first era of treaty making starts roughly from the time of the Covenant Chain in the 16th century and extends until the Royal Proclamation in The Covenant Chain The conventions and protocols of treaty making in Canada can be traced to their origins in the Covenant Chain.
This refers to an elaborate diplomatic relationship started between the Dutch and Indigenous peoples in the earlier part of the 17th century. At the council grounds near Albany, officials from the colony of New York regularly negotiated with representatives of the Haudenosaunee Iroquoisotherwise known as the Longhouse League or the Five Nations, and later, Six Nations Confederacy.
By developing treaty relationships to maintain peace and for mutual economic and defence benefits, Crown officials set their eyes on more and more Indigenous land. Treaties and Wampum Wampum was used by Indigenous people as currency and to record treaties and settle disputes Nicholas Isawanhanhi, Huron chief, shown wearing the regimental coat commonly awarded to Indigenous trading captains during the fur trade.
To accept a wampum belt in formal council was to agree to adhere to the principles embodied in its woven design.
The wampum thereafter served to help perpetuate the memory of the treaty. The use of wampum as an instrument of treaty relationships spread widely throughout eastern North America in the 17th, 18th and early 19th centuries.
Unlike treaties made after the Royal Proclamation, the Maritime treaties do not focus on the question of land ownership.
Instead, these agreements, whose keystones include the Boston Treaty of —26 and the Halifax Treaty ofwere primarily mutual promises of peace and friendship. The agreements also guarantee the Indigenous right to trade without hindrance and the right to fish and hunt in their customary manner.
They also pledge regular supplies of food, provisions and ammunition from the Crown. They commonly had very close relationships to their priests, as well as to their French-speaking Acadian neighbours, with whom they intermarried see Acadia. As a result, often they opposed the British, but this stance was modified somewhat through the treaty-making process.
Inthe Supreme Court of Canada affirmed the continuing force of the Halifax Treaty of by reversing a conviction for hunting out of season against James Simon of the Shubenacadie reserve.
In spite of the Simon case, provincial governments in the Maritimes, like elsewhere in Canada, have had difficulty accepting that treaties between the Crown and Indigenous peoples limit provincial jurisdiction in Crown lands. Celebrated annually on 1 October since the year after the Simon casethis day honours the signing of the treaty.
In all of these conflicts, Indigenous nations wielded considerable influence because of their skilful diplomacy and because their fighting forces could effectively battle in conditions that were often extremely difficult for European and North American soldiers. In the years leading up to the war, the British knew that their enemies, the French, had already made strong alliances with Indigenous peoples.
They too wanted to forge strategic bonds with First Nations.
Therefore, inthe British imperial government in London took over the responsibility of treaty making from the colonies. The northern branch, with Covenant Chain expert Sir William Johnson at its head, was a source of further government growth and development for English-speaking Canada.
These treaties guaranteed the protection of Indigenous lands from Anglo-American colonists looking to take over lands north of the border. Lawrence Valley see St.Dismantling the Indian Act and modernizing treaties is possible—and necessary Opinion: As the Indian Act comes under scrutiny, treaties could serve as a reminder of what we could achieve—or a.
The Indian Act The Indian Act attempted to consolidate all existing legislation that covered First Nations and their relationship to Canada.
The Act was designed to protect the land that First Nations still had left to them. A number of Indigenous groups made treaties — in particular the first five numbered treaties — with Canadian governments before the passing of the Indian Act.
Those groups may consider their legal identity as First Nations people to flow through those treaties, rather than through the Indian Act. CANADIAN INDIAN ACT, , LAURIE MEIJER DREES Together, the act and the treaties bestowed upon Indian peoples unique rights, and these were drawn to the committee'sattention as a result of the IAA'ssubmissions.
The Indian Act at this time was a formi. Introduced in , the act allowed the Canadian government almost complete control over how Indians lived and interacted with non-Indians.
At the same time, it gave the government special responsibility for the health, education, and lands of much of the Indian population. The Indian Act (An Act respecting Indians, French: Loi sur les Indiens), (the Act) is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves.
First passed in and still in force with amendments, it is the primary document which defines how the Government of Canada interacts with the First Nation bands in Canada and their members.