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Treaties and agreements

Learn about celebrated and modernistic treaties in Canada, treaty rights and the treaty human relationship.

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Honouring the treaty relationship
What are treaties with Indigenous peoples?
Historic treaties
Modern treaties
Recognition of rights discussion tables
What are Aboriginal rights?
What are treaty rights?
First Nations claims research, guidelines for informal access to records

Honouring the treaty human relationship

Indigenous peoples take lived on the land we now telephone call Canada for thousands of years, with their own unique cultures, identities, traditions, languages and institutions.

Early on partnerships between Indigenous nations and colonial governments were forged through treaties as well as trade and armed services alliances and were based on common respect and co-operation. Over many centuries these relationships were eroded past colonial and paternalistic policies that were enacted into laws.

Canada has embarked on a journey of reconciliation betwixt Indigenous and non-Indigenous peoples. Information technology is a necessary journey to address a long history of colonialism and the scars information technology has left.

Treaties provide a framework for living together and sharing the land Ethnic peoples traditionally occupied. These agreements provide foundations for ongoing co-performance and partnership as nosotros move forward together to advance reconciliation.

Honouring the treaty relationship and negotiating new treaties based on the recognition of rights, respect, co-operation and partnership, is cardinal to achieving lasting reconciliation with Ethnic peoples.

"Canada is a test case for a 1000 notion - the notion that dissimilar peoples can share lands, resources, power and dreams while respecting and sustaining their differences. The story of Canada is the story of many such peoples, trying and failing and trying once again, to live together in peace and harmony."

What are treaties with Indigenous peoples?

Treaties are agreements made between the Government of Canada, Ethnic groups and often provinces and territories that ascertain ongoing rights and obligations on all sides.

These agreements prepare out standing treaty rights and benefits for each group. Treaty rights and Aboriginal rights (commonly referred to every bit Indigenous rights) are recognized and affirmed in Section 35 of the Constitution Act, 1982 and are also a key part of the United nations Declaration on the Rights of Ethnic Peoples which the Government of Canada has committed to adopt.

Treaties with Indigenous peoples include both:

historic treaties with First Nations
modern treaties (also called comprehensive land claim agreements) with Ethnic groups

Celebrated treaties

Starting in 1701 in the British colonies of North America (these would later become parts of Canada), the British Crown entered into treaties with Indigenous groups to back up peaceful economical and military machine relations. The Crown is the legal name for the British and later Canadian governments: federal, provincial and territorial.

Over the next two hundred years, the Crown signed treaties that defined the respective rights of Indigenous peoples and European newcomers to use the North American lands that Indigenous peoples traditionally occupied. The celebrated treaties signed after 1763 provided large areas of land, occupied by First Nations, to the Crown (transferring their Aboriginal title to the Crown) in exchange for reserve lands and other benefits.

The treaty-making procedure was formally established by the Royal Annunciation of 1763.

Consult the Celebrated Treaties and Treaty First Nations in Canada Infographic.

The Government of Canada recognizes lxx historic treaties in Canada signed betwixt 1701 and 1923. These treaties include:

Treaties of Peace and Neutrality (1701-1760)
Peace and Friendship Treaties (1725-1779)
Upper Canada State Surrenders and the Williams Treaties (1764-1862/1923)
Robinson Treaties and Douglas Treaties (1850-1854)
The Numbered Treaties (1871-1921)

These treaties form the basis of the relationship between the Crown and 364 Beginning Nations, representing over 600,000 First Nation peoples in Canada.

Canada and First Nations often have differing views with respect to the implementation of historic treaties; these issues are complex and are non easily resolved. Through vehicles such as Recognition of Indigenous Rights and Self-Determination discussion tables, Canada and Treaty First Nations are exploring ways to advance treaty rights and interests.

Independent treaty commissions in Manitoba and Saskatchewan were created in partnership with First Nation organizations to carry a number of activities in relation to historic treaties. This includes public education, research and facilitating discussions on treaty issues.

The Specific Claims process provides an artery for addressing past grievances in relation to the direction of land and other First Nation assets and to the fulfillment of historic treaties. Resolving Kickoff Nation specific claims through negotiated settlements helps address past wrongs and honours treaty obligations.

Modern treaties

Historic treaties have but addressed a portion of Aboriginal rights to country across Canada. Country and resource-related negotiations are yet underway in parts of the state where treaties were never signed.

The modern treaty era began in 1973 after the Supreme Court of Canada decision (Calder et al. v. Chaser-General of British Columbia ), which recognized Ancient rights for the first time. This decision led to the development of the Comprehensive Land Claims Policy and the first modern treaty, the James Bay and Northern Québec Understanding signed in 1975.

Since 1975, Canada has signed 25 boosted treaties (called mod treaties or comprehensive land claim agreements) with Ethnic groups in Canada. Some of these treaties include cocky-government.

These treaties are the basis of the relationship between 97 Indigenous communities (representing about 89,000 Ethnic peoples) and the provincial or territorial and federal governments.

These treaties have provided:

Indigenous ownership over 600,000 km² of land (almost the size of Manitoba)
capital transfers of over $3.2 billion
protection of traditional means of life
access to resources development opportunities
participation in state and resources management decisions
certainty with respect to state rights in round 40% of Canada's country mass
associated self-government rights and political recognition

Every bit part of mod treaty negotiations, joint work is done to lay the background for moving forward together after a last agreement has been signed (implementation of the understanding).

Historically, very few treaties were signed in British Columbia. A special independent body called the British Columbia Treaty Committee was established in 1992 by agreement amid Canada, British Columbia and the Kickoff Nations Summit to be "the keeper of the procedure" of treaty negotiations in the province.

Over the by 4 decades, Canada'southward approach to treaty negotiations has evolved equally a outcome of developments in Indigenous law, joint innovations at negotiating tables and past date with Indigenous groups and key stakeholders.

The procedure of treaty-making in Canada is standing to evolve through ongoing engagement and dialogue with Indigenous groups. The Government of Canada believes that co-operative negotiations and respectful dialogue are the best way to resolve outstanding problems. Innovative solutions are being developed with partners through treaty negotiations and Recognition of Indigenous Rights and Self-Determination discussion tables across the country. For an overview of progress in implementing mod treaties and self-authorities agreements, consult the Implementation of Modern Treaties and Self-Authorities Agreement report.

Consult the Modern treaties – Comprehensive Land Claims and Self-Authorities agreements map to learn almost the modernistic treaties in effect to date beyond Canada and search the Ancient and Treaty Rights Data Arrangement to detect out more than about each agreement, including the total text of the understanding and summary information. Use the proper name of the Indigenous grouping, agreement name or other term as a "key give-and-take" search word and then click on the heading Treaties and Agreements to a higher place the search box to notice the related records.

What are Aboriginal rights?

Aboriginal rights (commonly referred to as Indigenous rights) are commonage rights of distinctive Indigenous societies flowing from their status as the original peoples of Canada. These rights are recognized and affirmed by Section 35 of the Constitution Act, 1982.

The Constitution does not define Indigenous rights under Section 35, but they can include:

Aboriginal title (buying rights to state)
rights to occupy and use lands and resource, such every bit hunting and angling rights
self-government rights
cultural and social rights

Indigenous rights under Section 35 vary from grouping to group depending on the community, practices and traditions that accept formed part of their distinctive cultures.

The Government of Canada has a duty to consult, and where appropriate, accommodate Ethnic groups when it considers deport that might adversely bear upon potential or established Aboriginal or treaty rights. Acquire more about the Regime of Canada'southward duty to consult with Ethnic peoples.

What are treaty rights?

Treaty rights are rights set out in either a historic or modern treaty understanding. These rights are recognized and affirmed by Section 35 of the Constitution Act, 1982.

Treaties define specific rights, benefits and obligations for the signatories that vary from treaty to treaty. Treaties and treaty rights besides vary depending on the fourth dimension and circumstances in which they were negotiated.

For example, in historic treaties (signed before 1975), treaty rights and benefits frequently, just not ever, include:

land to be prepare aside for Outset Nation utilize only (known every bit reserves)
money to exist paid to a Get-go Nation every year (known every bit annuities)
hunting and fishing rights on unoccupied Crown country
schools and teachers on reserves to exist paid for by the government
one-time benefits (such every bit farm equipment and animals, ammunition and clothing)

Modern treaties negotiated with Ethnic groups (after 1975) may include (amidst other things):

consultation and participation requirements
ownership of lands
wild animals harvesting rights
financial settlements
participation in land use and management in specific areas
self-government
resources revenue sharing and measures to participate in the Canadian economy
preparations for when the agreement takes issue (such as implementation planning)

Consult the treaty texts to larn about the specific treaty rights and benefits set out in each treaty:

Historic treaties: Treaty texts
Modernistic treaties: Final agreements and related implementation matters