Lesson 18: Indigenous Governance and Treaties

Introduction

What Will We Learn?

In this lesson, we will explore how Indigenous peoples in Canada govern themselves and the importance of treaties. Indigenous nations, including First Nations, Métis, and Inuit, have their own systems of governance, which existed long before European settlers arrived. These systems are based on traditions, community values, and respect for the land. We will also learn about treaties, which are agreements between Indigenous nations and the Canadian government. These treaties define how land and resources are shared and are essential for protecting Indigenous rights.

Why Are Treaties and Indigenous Governance Important?

Indigenous governance and treaties are important because they help maintain the rights and self-government of Indigenous peoples. Self-government means that Indigenous nations have the power to make their own decisions about their communities, land, and laws. Treaties are legal agreements that recognize these rights and responsibilities, ensuring that Indigenous peoples have control over their future. By understanding Indigenous governance and treaties, we can better appreciate the important role Indigenous nations play in shaping Canada.

Key Vocabulary

• Indigenous Peoples: The original inhabitants of a land. In Canada, this includes the First Nations, Métis, and Inuit. These groups have lived on the land for thousands of years and have their own cultures, traditions, and ways of life.

• Treaty: A formal agreement between Indigenous nations and the Canadian government. Treaties outline the rights and responsibilities of both sides, such as land use, resource sharing, and governance. Treaties are legally binding and must be respected by both parties.

• Self-Government: The right of Indigenous peoples to govern themselves and make decisions about their communities. This includes making laws, managing resources, and providing services like education and healthcare.

• Reconciliation: The process of healing the relationship between Indigenous and non-Indigenous Canadians. It involves understanding the past, especially the harm caused by colonization and residential schools, and working toward fairness and respect for Indigenous rights.

• Land Claims: Disputes or negotiations over who owns and controls land. Many Indigenous nations have land claims because their traditional lands were taken away without fair agreements.

• Nation-to-Nation Relationship: A respectful partnership between Indigenous nations and the Canadian government. In this relationship, Indigenous nations are treated as equal partners in treaty negotiations and governance.

• Traditional Territory: The lands that Indigenous peoples have historically lived on, hunted, and relied on for their way of life. These territories are central to Indigenous culture and identity.

The History of Indigenous Governance in Canada

Before European Contact

Before Europeans arrived in North America, Indigenous nations had their own well-established systems of government. These systems were based on respect for the land and community values. Decisions were often made through councils of Elders or leaders, who were chosen based on their wisdom and experience. Everyone in the community, including men, women, and youth, had a voice, and decisions were made for the benefit of the whole group. Indigenous governance systems were focused on collective responsibility and balance, rather than on individual power.

Colonization and the Indian Act

When European settlers came to North America, they didn’t respect Indigenous governance systems. Instead, they imposed their own laws and took control of Indigenous lands. One of the most damaging actions was the creation of the Indian Act in 1876. The Indian Act gave the federal government control over many aspects of Indigenous life, including land, education, and governance. Indigenous nations lost much of their ability to govern themselves, and their cultures and traditions were suppressed.

• Residential Schools: One of the most harmful parts of colonization was the creation of residential schools. These schools forced Indigenous children to leave their families, learn English or French, and adopt European customs. This system caused deep harm to Indigenous cultures and communities.

Restoring Indigenous Governance

In recent years, Indigenous nations have been working to restore their traditional forms of government. Through treaties, court rulings, and negotiations with the Canadian government, Indigenous communities are reclaiming their right to govern themselves. This means they are gaining more control over decisions related to land, education, healthcare, and justice in their communities. Today, Indigenous governance is seen as an important part of building a better relationship between Indigenous nations and Canada.

Treaties in Canada

What Are Treaties?

A treaty is a formal agreement between two or more nations. In Canada, treaties were signed between Indigenous nations and the Canadian government, starting in the 1700s. These agreements outlined how land and resources would be shared, as well as the responsibilities of both sides. For Indigenous peoples, treaties were not just about giving up land; they were a way to protect their rights, preserve their cultures, and maintain their ability to govern themselves.

Historical Treaties

Most of the early treaties in Canada were signed during the 1800s, when European settlers were moving westward. These treaties, often called "Numbered Treaties," were signed between 1871 and 1921 and covered much of what is now central and western Canada. Unfortunately, many of these treaties were unfair to Indigenous peoples. The government promised land, tools, and assistance, but often didn’t follow through on these commitments. As a result, Indigenous nations lost control over their traditional territories and struggled to maintain their way of life.

Modern Treaties

In the late 20th century, Indigenous nations began negotiating modern treaties with the Canadian government. These new agreements aim to correct the wrongs of the past and provide more fair and equitable terms for Indigenous peoples. One of the most famous modern treaties is the agreement that created Nunavut in 1999, which gave the Inuit people control over land and government in the region.

Treaty Rights

Treaty rights are the specific rights and benefits Indigenous peoples are promised in treaties. These rights can include access to land, hunting and fishing rights, and the right to self-government. Treaties are legally binding, which means that the Canadian government must honor the promises made in them. However, many Indigenous communities have had to fight in court to have their treaty rights recognized.

The Importance of Treaties for Indigenous Rights

Land Ownership and Use

One of the most important parts of treaties is the agreement on land ownership and land use. For many Indigenous nations, land is not just a place to live but a key part of their culture, traditions, and way of life. In historical treaties, Indigenous peoples often lost access to their traditional territories, which led to many challenges. Modern treaties aim to return land rights to Indigenous communities or give them more control over how the land is used. These treaties ensure that Indigenous peoples can protect their land and use it to support their communities.

Cultural Preservation

Treaties help protect Indigenous cultures by ensuring that traditional practices, such as hunting, fishing, and ceremonial rituals, can continue. These activities are closely tied to the land, and treaties recognize the importance of allowing Indigenous peoples to maintain their way of life. Many modern treaties include specific rights for Indigenous nations to continue practicing their culture without interference from the government.

Self-Government and Autonomy

Treaties also support self-government, which means that Indigenous nations have the power to make their own decisions. This includes the right to govern their own communities, manage their land, and decide on important matters like education and healthcare. Self-government allows Indigenous peoples to preserve their cultures and traditions while shaping their future. Treaties are a key part of restoring this autonomy and ensuring that Indigenous nations have a voice in how they are governed.

Legal Protection of Rights

Treaty rights are legally binding agreements, meaning that the Canadian government must respect and uphold these rights. In many cases, Indigenous nations have had to take legal action to ensure their treaty rights are honored. Courts have ruled that treaty rights, such as access to land or resources, must be respected. This legal protection is important for making sure Indigenous peoples have control over their future and their land.

Comparing Indigenous Self-Governance to Other Government Systems

How Does Indigenous Self-Government Work?

Indigenous self-government allows communities to govern themselves and make decisions about their land, culture, and people. Indigenous nations manage areas like education, healthcare, justice, and resource use. They also have the authority to create laws that reflect their unique values and traditions. This is different from how Canada’s federal and provincial governments operate, as Indigenous nations have the right to make decisions based on their traditional governance systems and not just Canadian law.

• Example: Nunavut
  Nunavut, created in 1999, is an example of Indigenous self-government in action. The Inuit people have control over their land and many areas of government, while still being part of Canada. They manage services like schools and healthcare in ways that reflect their culture and needs.

Nation-to-Nation Relationships

A key part of Indigenous governance is the nation-to-nation relationship between Indigenous nations and the Canadian government. This means that Indigenous nations are treated as equal partners in treaty negotiations and governance, similar to how different countries interact. In these relationships, Indigenous peoples maintain control over their decisions, while working with Canada to manage shared interests like land and resources.

How Does This Compare to Other Systems?

• Canada’s Federal System: In Canada, power is divided between the federal government (which looks after national issues like defense) and provincial governments (which control areas like education and healthcare). In contrast, Indigenous self-government gives full control over specific areas to Indigenous nations, allowing them to manage their communities independently.

• Provinces vs. Indigenous Nations: While provinces have the power to make decisions for their regions, they are still part of Canada’s larger federal system and must follow national laws. Indigenous nations, however, often negotiate agreements that give them more autonomy in areas like land management, meaning they have more control over their lands than provincial governments do.

Examples of Indigenous Self-Government

• Nisga’a Nation: In British Columbia, the Nisga’a Nation signed a treaty in 2000 that gave them control over their land, resources, and laws. This allows the Nisga’a people to govern themselves and make decisions in ways that reflect their culture and traditions, while still being part of Canada.

• Inuit of Nunatsiavut: The Inuit people of Nunatsiavut, in Newfoundland and Labrador, have a form of self-government that allows them to make decisions about their lands and resources. Their government ensures that Inuit values and culture are respected in all areas of life, including education, healthcare, and environmental protection.

Reconciliation and the Future of Treaties

What Is Reconciliation?

Reconciliation is the process of rebuilding the relationship between Indigenous peoples and the Canadian government after the harms of colonization, such as the loss of land, culture, and autonomy. One of the darkest chapters in Canadian history was the residential school system, which aimed to assimilate Indigenous children by separating them from their families and forcing them to abandon their traditions. Reconciliation involves recognizing the impact of these past actions and working toward justice and healing.

Steps Toward Reconciliation

• Truth and Reconciliation Commission (TRC): In 2008, the Canadian government created the TRC to document the experiences of residential school survivors and understand the legacy of these schools. The commission made 94 Calls to Action, which are recommendations for how Canada can repair its relationship with Indigenous peoples. These include actions related to education, healthcare, and justice.

• Acknowledging Treaty Rights: A key part of reconciliation is recognizing and respecting the rights outlined in treaties. This includes ensuring that Indigenous nations have control over their land, resources, and governance. Canada is working to honor the promises made in both historical and modern treaties.

Ongoing Negotiations

Many Indigenous nations are still negotiating new treaties or working to update old ones. These modern treaties aim to address past injustices and give Indigenous peoples more control over their lands and governance. As part of reconciliation, the Canadian government is working to settle land claims and create fairer agreements. Modern treaties also help ensure Indigenous nations can govern themselves in ways that reflect their cultures and needs.

The Future of Indigenous Governance

Indigenous governance is expected to continue growing stronger in the future. As more treaties are negotiated, Indigenous nations are gaining greater autonomy and control over their lands, resources, and communities. This means that Indigenous peoples will have more power to preserve their cultures and traditions, while still participating in Canada’s larger political system. Reconciliation is not just about fixing past mistakes; it’s about building a future where Indigenous and non-Indigenous Canadians work together as partners.

Conclusion

Throughout this lesson, we have explored the importance of Indigenous governance and treaties in Canada. We learned that Indigenous peoples had their own systems of government long before Europeans arrived, based on community values, respect for the land, and collective decision-making. However, with colonization, many of these systems were disrupted, and Indigenous peoples lost control over their lands and governance.

Treaties are key to understanding how Indigenous nations and the Canadian government work together today. Historical treaties often took land away from Indigenous peoples, but modern treaties aim to restore their rights and help them govern themselves. These agreements give Indigenous nations more control over their lands and communities, protecting their cultures and traditions.

Finally, we talked about reconciliation, which is the ongoing process of healing the relationship between Indigenous peoples and non-Indigenous Canadians. It’s about recognizing the harms of the past, respecting treaty rights, and building a future where Indigenous nations have the power to shape their own futures.

By understanding Indigenous governance and treaties, we can better appreciate the important role Indigenous peoples play in Canada today and in the future.