Rights of Indigenous Peoples
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Treaties are formal agreements between the Government of Canada and First Nations.
Treaties were needed because First Nations, already living in what is now Canada, had rights under Canadian law.
These First Nations are not a single group of people, each have their own customs, political organizations, language and spiritual beliefs. Nevertheless, generally First Nations saw the Treaties as a nation-to-nation way to set out the relationship between the First Nations and the Canadian Government.
The importance of Treaties is recognized in this Truth and Reconciliation Commission Call to Action:
We call upon the Government of Canada to replace the Oath of Citizenship with the following: I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.
As a result, the government has changed the Oath of Citizenship to say:
I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the aboriginal and treaty rights of First Nations, Inuit and Métis people.
This section focuses on the historical Treaties, specifically the numbered Treaties that cover what is now Saskatchewan. The term Treaty is used in other ways. Modern Treaties is a general term that applies to any Treaty that is not historic. A Modern Treaty can be a Self-Government Treaty, a Comprehensive Land Claim or a combination of both. The word comprehensive is used to distinguish these land claims from specific claims to land based on a historic Treaty.
During the 1800s, the Canadian government, representing the British Crown, and First Nations living in what is now Saskatchewan, negotiated five Treaties. These are Treaties 4, 5, 6, 8 and 10. While the province also includes a part of Treaty 2 lands there are no Treaty 2 First Nations in Saskatchewan. In the small part of Treat 2 land that is in Saskatchewan there are three First Nations who are signatories to Treaty 4.
What does Crown mean?
The term the Crown originated because Britain, like many other countries, was ruled by a King or a Queen. Today Canada’s government, like the British government, is elected. But Britain’s King or Queen is still a part of the Canadian government. This is why Canada has a Governor General and why the provinces have Lieutenant Governors. The Governor General and the Lieutenant Governors represent the King in Canada and perform some, mainly ceremonial, roles in Canada’s governments.
When the Treaties with First Nations are considered, courts and others will commonly refer to the obligations of the “Crown” or benefits given to the “Crown”. This does not mean that dealing with the Treaties is solely the responsibility of the King or his representatives in Canada. Although some First Nations see the British Crown as playing a role in Treaties today, the Crown is not just the King. The Crown represents Canadian people and their governments and the rights and obligations of Canadian people as a whole.
Oral and Binding Agreements
Treaty Rights
Promises were made to the First Nations in the Treaties. These promises became Treaty Rights.
Specific Claims
The federal government has a process for First Nations to ask for compensation when a Treaty promise has been broken.
Self-Government Treaties
Self-Government Treaties are negotiated between Indigenous Nations and the government and set out how Indigenous groups will exercise their Inherent Right to self-government.
