Lesson 14: Treaty Land Entitlement

I. Introduction

What is Treaty Land Entitlement?
You’ve already learned that treaties are agreements between Indigenous peoples and the government, and one of the main promises in these treaties was the allocation of land to Indigenous communities. But over time, the government didn’t always fulfill this promise, leaving many Indigenous peoples without the land they were owed. This is where Treaty Land Entitlement (TLE) comes in.

Why is TLE necessary?
TLE is a process to fix these past mistakes. It ensures that Indigenous peoples receive the land they were promised under the treaties. Sometimes this land comes from government land, and other times the government provides money so Indigenous communities can buy land themselves. The goal of TLE is to repair the relationship between the government and Indigenous peoples by honoring these old promises.

Looking forward
In this lesson, we will explore how Treaty Land Entitlement works and why it’s crucial for Indigenous communities. By learning about TLE, we can see how Canada is working to fix the past and create better relationships between Indigenous and non-Indigenous people.

II. Historical Context of Treaty Land Entitlement

A. The Numbered Treaties and Promised Land
By now, you know about the Numbered Treaties—agreements between Indigenous peoples and the government of Canada that were signed between 1871 and 1921. These treaties covered large parts of Canada, especially in the Prairie provinces, like Saskatchewan. When these treaties were signed, the Canadian government promised Indigenous peoples that they would get land where they could live, hunt, and continue their way of life. In return, Indigenous communities agreed to share the land with settlers.

However, the land given to Indigenous peoples was often much smaller than what was promised. This broken promise has caused many problems for Indigenous communities, as they rely on land not only for housing but for food, cultural practices, and economic opportunities.

B. What Went Wrong with Land Allocation?
When the treaties were first signed, the government calculated the amount of land that each Indigenous community should get based on the number of people in their community. But many things went wrong with this process. Sometimes the government made mistakes in counting how many people were in a community. In other cases, new Indigenous families were born, or people returned to their communities, but they were not counted in the original land agreements.

Because of these mistakes, Indigenous communities often received much less land than they were entitled to. Over time, this created a major imbalance, with some Indigenous nations having far too little land to meet their needs.

C. The Struggle for Treaty Land Entitlement
Indigenous leaders knew that something was wrong. They saw that their communities weren’t getting the land they were promised in the treaties. For years, they pushed back against the government and demanded that their land be returned.

In the 1970s and 1980s, this struggle intensified. Indigenous leaders began taking legal action, arguing that the government had broken the promises made in the treaties. Several court cases and negotiations took place, and eventually, the government recognized that many Indigenous communities had never received the land they were entitled to.

D. The Creation of the Treaty Land Entitlement Process
After years of legal battles and negotiations, the Treaty Land Entitlement process was created to settle these land disputes. The process focuses on figuring out how much land Indigenous communities are still owed. The government either provides that land, or if the land is no longer available, it gives money to the communities to buy new land elsewhere.

The TLE process isn’t perfect, and it has taken many years to reach agreements. But it is a step toward making things right and fulfilling the promises that were made over a century ago.

E. A Key Example: Saskatchewan’s Treaty Land Entitlement
Saskatchewan has one of the largest numbers of TLE agreements in Canada because it is home to many Indigenous communities that were affected by the land shortfall. One key example is the Treaty 4 area, signed in 1874, which covers much of southern Saskatchewan. Many of the First Nations in this area, such as the Cowessess First Nation and the Peepeekisis Cree Nation, have been part of the TLE process.

These communities have used the TLE process to gain land and make important decisions about how to use it—whether for farming, housing, or economic development. The success of these agreements is helping to rebuild trust between Indigenous communities and the Canadian government.

III. The Treaty Land Entitlement Process

A. The Steps in the Treaty Land Entitlement (TLE) Process
The Treaty Land Entitlement process was created to fix the broken promises made in the original treaties. It helps Indigenous communities get the land they were promised but never received. The process includes several steps:

1. Identifying the Land Shortfall
   The first step is for the government and Indigenous communities to agree on how much land is still owed. This can be difficult because it involves looking at old records to see how much land was promised and comparing it to how much land the community actually received. Often, this step involves careful counting of people in the community, which is called a "land quantum."

2. Negotiation Between the Government and Indigenous Nations
   Once the amount of land owed is agreed upon, the next step is negotiation. The government and Indigenous leaders talk about how the land will be returned. Sometimes the land is available and can be given back, but in other cases, the land may no longer be available. When this happens, the government offers money instead, which the community can use to buy new land.

3. Acquiring Land or Money
   After the negotiation, if the land is available, the government transfers it to the Indigenous community. If the land is not available, the government gives the community money. This money is often used to buy land from private owners. The goal is to give Indigenous peoples the resources they need to regain control over land that is important for their culture, economy, and community life.

4. Finalizing the Agreement
   The last step is finalizing the agreement. Both the government and the Indigenous community sign an official document that outlines the terms of the agreement, whether it involves land, money, or both. This final agreement makes sure that the land or money goes directly to the community, and that the promises made in the past are finally fulfilled.

B. Real-Life Examples of TLE Agreements
Several Treaty Land Entitlement agreements have been successfully negotiated, particularly in the Prairie provinces. One of the largest TLE agreements happened in Saskatchewan. In 1992, 25 First Nations in Saskatchewan signed the Saskatchewan Treaty Land Entitlement Framework Agreement. This agreement provided land and money to these First Nations to settle the land they were still owed.

For example, the Muskowekwan First Nation, which is part of the Treaty 4 area, was one of the communities involved in this agreement. They were owed land and received both land and financial compensation. This allowed them to buy additional land and make decisions on how best to use it to benefit their community, whether for economic development, housing, or cultural purposes.

Another example is the Cowessess First Nation, also in Saskatchewan. Through the TLE process, they were able to reclaim a significant amount of land, which they used for farming and business ventures. This has helped the community create jobs and support their economy.

These examples show that while the TLE process took a long time, it has brought real benefits to Indigenous communities.

C. The Role of TLE in Reconciliation
The Treaty Land Entitlement process is about more than just returning land—it’s also about repairing the relationship between Indigenous peoples and the Canadian government. This process is part of Canada’s efforts toward reconciliation, which means working to heal the harm caused by broken promises and building a better future together.

When the government honours its promises through TLE, it shows that it is serious about addressing the wrongs of the past. For Indigenous communities, getting back their land means more than just owning property. It’s about restoring their connection to the land, which is deeply tied to their culture, identity, and way of life.

The Truth and Reconciliation Commission of Canada (TRC) has made several “Calls to Action” that focus on the importance of land in reconciliation. These Calls to Action ask the government to respect treaty rights and honor the promises made in the past. By following through on Treaty Land Entitlement, the government is responding to these calls and helping to rebuild trust with Indigenous peoples.

IV. Importance of Treaty Land Entitlement

A. Addressing Historical Wrongs
The Treaty Land Entitlement (TLE) process plays a key role in addressing historical injustices. When the original treaties were signed, the government made promises about how much land Indigenous communities would receive. However, many Indigenous peoples never got the land they were entitled to. This mistake has hurt these communities for many years, causing them to miss out on opportunities for growth and development.

For Indigenous peoples, land is much more than just a place to live—it is part of their culture, identity, and survival. Many Indigenous nations have a deep spiritual connection to the land, which they rely on for hunting, fishing, and gathering. By restoring this land through the TLE process, the government is helping Indigenous peoples reconnect with their culture and traditions.

At the same time, returning land helps make up for some of the harm caused by the broken promises of the past. While the government cannot change what happened in the past, the TLE process is a step toward repairing these old wrongs and ensuring Indigenous communities get what they deserve.

B. Economic and Social Impacts
One of the most important benefits of the Treaty Land Entitlement process is the positive impact it has on Indigenous communities’ economies. With more land, Indigenous nations have more opportunities to create jobs and build businesses. For example, some communities use their newly acquired land for farming, while others use it for tourism or building businesses. The extra income from these activities helps the community become more self-sufficient and provides more opportunities for future generations.

In addition to economic benefits, having more land also strengthens the social fabric of Indigenous communities. It allows them to build homes, create schools, and expand their infrastructure, making life better for everyone in the community. The TLE process also gives Indigenous nations more control over their future. Instead of relying on government programs, they can make decisions about how to use their land in a way that works best for them.

Case Study: Cowessess First Nation
The Cowessess First Nation in Saskatchewan is one example of how TLE can change a community for the better. After negotiating their TLE agreement, the community gained more land, which they used to develop several projects, including renewable energy, farming, and housing. The revenue from these projects has allowed the community to create jobs, improve services, and invest in future growth.

C. Environmental Stewardship
Another important benefit of Treaty Land Entitlement is the role it plays in environmental conservation. Indigenous peoples have traditionally been stewards of the land, meaning they have always taken care of the land and its resources. By returning land to Indigenous nations, the TLE process allows them to continue their important work of protecting the environment.

Many Indigenous communities use the land they receive through TLE for conservation projects, such as protecting wildlife habitats or managing forests. They often combine traditional knowledge about the land with modern environmental science to ensure that the land stays healthy for future generations. This stewardship helps preserve natural resources and ensures that Indigenous and non-Indigenous people can benefit from the land’s resources for years to come.

The work Indigenous nations do to protect the land also benefits everyone in Canada, as it helps fight against issues like climate change, deforestation, and loss of biodiversity. This makes the TLE process not only a win for Indigenous peoples but for the environment as well.