Part C – MODERN ISSUES
Lecture 16: Treaties (survey of land cession agreements throughout Canada)
- Only one half of the lands of Canada were sold by Indians through a land cession or treaty
- Quebec (lower Canada)
- French did not recognize Indian title
- First Indian reserves: seigneurial grants to missionaries for Indians
- British take over from French in 1760
- shortly after the battle of the Plains of Abraham (in Quebec city) – battle between British and
- Royal Proclamation of 1763
- Indian territory the vast Indian reserve set up by the British
- a unilateral proclamation by the British (by the King)-> we are going to make a line
between the Natives and the newcomers. Rewarding the natives who are with us in battle by
giving them a reserve. Was protected from settlers/newcomers. By law, couldn’t enter the
Indian Territory unless you were a fur trader or had military outpost there.
- the 13 colonies were excluded -
- Rupert’s land was also excluded.
- Nova Scotia was excluded
- Lower Canada (modern southern Quebec) was excluded from Indian Territory
- Upper Canada (modern southern Ontario) was included in Indian territory
- Indian land could be purchased, but not privately
- Indian land could only be purchased by Crown at public meeting
-Aboriginal party has to be fully represented as well – all would have to attend meeting
and come to an agreement – didn’t have to sell if they didn’t want to. Deal could be reached
between officials of aboriginal party and the official representative of the crown.
- Treaty text – everything has to be written down, and copies preserved so there are no
questions in the future.
-usually include boundaries of land, and how much the land is for.
- Early Treaties in Upper Canada
- Land Cession treaty – grant went to Iroquois interest and they got the land??
- Modern issue:
-Six Nations Claims (e.g. Caledonia) –
- Ontario (Upper Canada)
- early treaties not recorded properly
- Blanks to be filled in later
- Vague descriptions
- 1923 Williams “Clean-up” Treaty -> cleans up messy parts of Ontario treaty..
- Modern issue: claim that 1923 treaty was misrepresented -