Indigenous Rights and Treaties in Canada

Today, we will be discussing a significant aspect of Canadian history and its ongoing impact on social justice issues faced by Indigenous peoples. Our focus will be on the Numbered Treaties, with a special emphasis on Treaty 4.

The Numbered Treaties, signed between 1871 and 1921, are a series of eleven agreements made between the Crown and various Indigenous nations across what is now known as Canada. These treaties were intended to open up the western territories for settlement and development by non-Indigenous people, in exchange for certain promises and protections.

Treaty 4, also known as the Qu'Appelle Treaty, signed in 1874, is a prime example. It covers much of what is now central Saskatchewan and Manitoba. The Indigenous nations involved, including the Cree, Saulteaux, and Assiniboine, agreed to share their lands in exchange for reserves, annual payments, farming equipment, and the promise of schools.

The promises made in Treaty 4 were quite extensive. The Canadian government agreed to set aside reserves for the Indigenous peoples, each family of five would receive one square mile of land, and provisions were made for schools to be built on the reserves. The treaty also promised an annual payment of $25 to each chief, $15 to each headman, and $5 to all other band members. The government also agreed to provide farming tools, seeds, and animals to help the Indigenous peoples transition to an agricultural lifestyle.

Now, let's compare these promises to those made in Treaty 3, also known as the North-West Angle Treaty, which was signed a year earlier in 1873. This treaty was between the Government of Canada and the Saulteaux people of the Ojibwe nations. The terms of Treaty 3 set precedents for the eight Numbered Treaties that followed, including Treaty 4.

Like Treaty 4, Treaty 3 also provided the federal government access to Indigenous lands in exchange for various goods and rights to hunting, fishing, and natural resources on reserve lands. The government also began making a road and waterway system from Lower Fort Garry in Manitoba, east to Lake of the Woods and from Thunder Bay to the Shebandowan Lakes in northwestern Ontario. This was planned to cut through Saulteaux territory, and the success of the project depended on maintaining friendly relations with the Saulteaux people.

The "$25 to each chief, $15 to each headman, and $5 to all other band members" mentioned in the Treaty 6 is a form of treaty annuity payments. These are annual payments made to Indigenous people in fulfillment of treaties. They were promised for all time, are still paid now, and will be paid in the future. The amount is not indexed to inflation. For example, Treaty 8 (1899) promised $5 per person distributed each year, and Treaty 8 members continue to receive $5 per person today. Despite the small amount, treaty payments remain an important annual event. They are symbolic of the special relationship between First Nations and the Crown. 

Historically, annuities were first included in treaties made in the 19th century. For example, in November 1818, the Ojibwa and British made a treaty pertaining to the Rice Lake area, with financial terms described as $10 worth of goods at Montreal prices to be distributed annually to each man, woman, and child.

The Crown was likely financially motivated to avoid larger, one-time treaty payments. During this period, there was tremendous Imperial pressure to reduce the Indian Department’s annual expenses, as funded from Britain’s military budget.

The system of annual presents drew on traditions of “material diplomacy” that the French and British had learned from Indigenous peoples. Early historical records abound with examples of material diplomacy—gift giving, exchange, feasting, and other tactile expressions of goodwill—, which colonial officials witnessed, reciprocated, and strategically assumed.

However, the interpretation and implementation of these treaties have led to numerous social justice issues. The Indigenous understanding of these treaties often differed significantly from that of the Crown. Indigenous nations viewed them as sacred nation-to-nation agreements meant to ensure their survival and prosperity. In contrast, the Crown often viewed them as simple land surrender agreements.

This discrepancy has led to a long history of disputes and legal battles over land rights, resource allocation, and self-governance. For instance, the "medicine chest" clause in Treaty 6, which Indigenous nations interpret as a promise of healthcare provision, has been a point of contention, especially during crises like the COVID-19 pandemic.

Internationally, the Numbered Treaties are often viewed as a case study in colonial treaty-making and its impacts on Indigenous peoples. They highlight the importance of understanding and respecting Indigenous sovereignty and the challenges of reconciling differing worldviews in treaty negotiations.

In Canada, the interpretation of these treaties has evolved over time. There is growing recognition of the need to honor the spirit and intent of the treaties, as understood by Indigenous nations. This shift is reflected in court decisions that affirm Indigenous rights and in efforts towards reconciliation.

However, significant challenges remain. Many Indigenous communities continue to face socio-economic disparities, inadequate access to services, and ongoing struggles for self-determination. These issues are not just remnants of the past; they are direct outcomes of how the Numbered Treaties have been interpreted and implemented.

The current value of the annuity payments is seen as a meager reminder of a painful history. The amount, last increased from three dollars in 1875, is a potent symbol of the complex legal relationship between aboriginal groups, known as First Nations, and the Canadian government — and a reminder of Canada’s long record of broken promises and unmet obligations to those communities.

In discussing the intent of treaties and the spirit of treaties, it's important to understand that these annuity payments were not just about the monetary value but also about the recognition of the rights and sovereignty of the Indigenous peoples. They were meant to symbolize a relationship of mutual respect and coexistence. However, the meager amount of these payments today, not adjusted for inflation or the current cost of living, can be seen as a failure to honor the spirit of these treaties.

In conclusion, understanding the Numbered Treaties and their impacts is crucial to addressing social justice issues faced by Indigenous peoples in Canada. As we move forward, it is essential to remember the treaties' original spirit and intent, and to work towards a more equitable and just interpretation that respects Indigenous rights and sovereignty.

Sources

• Treaty annuity payments 

• 200 Years of Treaty Annuities 

• Canada’s Treaty Payments: Meager Reminder of a Painful History

• "The COVID-19 Pandemic: Invoking the Famine and Pestilence Clause to be Paired with the Medicine Chest Clause from the Numbered Treaties" Link 

• "Alexander Morris His intellectual and political life and the numbered Treaties" Link 

• "[PDF][PDF] COVID-19, THE NUMBERED TREATIES & THE POLITICS OF LIFE" Link 

• Treaty 4, 

• Treaty 3