THE ORIGIN AND NATURE OF TREATY

The Treaty Relations Commission of Manitoba is promoting the concept “We are all Treaty People”. The objective of this concept is to facilitate and generate a public discussion as to the origin and nature of treaties. The meaning of treaty has various explanations and interpretations either by First Nations or non First Nations. This includes the legal interpretation of the Federal Government (Crown); and the original spirit and intent of treaty by First Nations. It is generally an accepted principle that treaty making provided the foundation of Nation Building of (now) Canada.

The objective of this article is to provide discussion on treaty making from a First Nations perspective. The literature describing treaties are usually done by scholars from their background and experience. To be inclusive, treaties must include First Nations knowledge and heritage. This article will include the Elders view of treaty making.

The basic teaching of Elders is, “In order to secure the future as peoples, we must preserve our original history and teachings.” The Elders further state that, “First Nations history must be based on the language. It is the language of the people that will authentically and properly explain the nature of treaties”.

The role of Elders is to promote these teachings through their language to maintain the original meaning of First Nations knowledge and heritage.

The spirit and intent of treaty is the term that the Elders usually refer as the foundation and basis of explaining about treaties. The meaning of treaty is usually based on seven (7) guiding principles* of nationhood. These principles can only be explained by Elders through their languages. The history of First Nations will require the Elders teachings to form the foundation to put treaties in proper and orderly historical context.

The nature of treaties will require a holistic view that includes First Nations perspective, legal interpretation, and the current policy implementation of treaties. Treaties 1 – 11 in Manitoba, Saskatchewan and Alberta were based on prior treaties of Eastern Canada. This means treaties cannot be viewed in isolation. There is a link between all treaties to the original legal recognition of First Nations and the Royal Proclamation (1763). Royal Proclamation was also based on the nationhood status of First Nations.

Treaty rights are confirmed and recognized in the current constitution (1982) and the founding constitution (1867) of Canada. The position of Elders is that the Creator created First Nations existence and rights. The Elders are firm in their teachings that we as First Nations have pre-existing status of nationhood prior to treaty making.

Recent Supreme Court decisions support the notion that First Nations had nationhood rights prior to Canada’s constitution. These rights were not created by the federal government. A Supreme Court decision instructs the government to implement treaties based on their historical context. The law also recognizes the oral history of First Nations as a fundamental right.

In conclusion, treaty was about equality and dignity. The intent of treaty was about partnership, reconciliation, and co-existence amongst all nations. It is the mutual respect, recognition, benefit, responsibility, and honor of all nations’ people that will bring justice to the original spirit and intent of treaty. It is in this spirit that his article hopes to facilitate and generate discussion as to the origin and nature of treaties.

As indicated, this article will provide a further series of articles to explore and examine treaties. The sources of information can be further obtained from Elders and also from the Treaty Commission Research office. For this article, the writer takes full responsibility for errors that may arise.