April 1, 2015

‘Modern Treaties’ and Land Claims Today

These tensions persisted in the 20th century, and as the interview with Pam Palmater demonstrates, continue today. In 1969, the federal government’s White Paper, a policy document authored by Jean Chrétien, at that time Minister of Indian Affairs and Northern Development, advocated the dissolution of the Indian Act and the abolition of special status for Indian People. The Indian Association of Alberta under the leadership of Harold Cardinal, produced their counter to the White Paper, Citizens Plus, popularly known as the Red Paper (PDF).

Indigenous leaders critiqued the proposed policy, since it was imposed on their communities and lives, and removed the obligations and responsibilities of the Crown. They also pressed for their rights to hunt and fish and receive recognition and just settlement for traditional lands that were never surrendered through treaty. Read more about the response to the White Paper at Indigenous Foundations (UBC). The Canadian Encyclopedia includes an article on the White paper and the Indigenous response that followed. Another source of information is the Indigenous Corporate Training (ICTINC) website, an organization led by by Indigenous Educator Bob Joseph.

By the early 1970s, landmark court decisions brought about an important shift in the recognition of Aboriginal rights in Canada. The federal government undertook a series of constitutional discussions to reform the Canadian constitution between 1977 and 1981. After several months of lobbying, Indigenous organizations successfully managed to have two clauses included in the revisions that recognised “existing Aboriginal and treaty rights”. These revisions are reflected in Section 35 of the Canadian Constitution Act. However, ongoing disagreements between the provinces, Canada and Indigenous groups resulted in no consensus or definition of what those rights are.

Treaties are also still being negotiated in some regions of Canada. This process includes comprehensive claims agreements – sometimes called ‘modern treaties’ – like the James Bay and Northern Quebec Agreement signed in 1975 with the Cree and Inuit of Northern Quebec. Since 1975, 22 comprehensive claims agreements have concluded across northern Québec, the Northwest Territories, the Yukon and British Columbia.

It also includes the ‘specific claims’ policy, which as its name suggests, deals with more specific issues. In B.C., a formal treaty negotiation process created the BC Treaty Commission to facilitate ongoing land claims negotiations in that province. While this process has been criticized by some First Nations who have withdrawn from negotiations, several agreements-in-principle and final agreements have been reached.

As a result of this complex history and the various treaties – historical, numbered, and modern – today Canada contains approximately 2,300 reserves, many of which are dispersed across remote and rural regions. These unique communities face challenges, but are also vibrant sites of resilience and innovation. Life there is profoundly impacted by the complex and contentious history described earlier.

Filmmaker Alanis Obomsawim’s excellent documentary on the people of the Kattawapiskak River portrays life on one remote reserve, the Northern Ontario fly-in community of Attiwapiskat. Her 2012 film documents the impacts of government policies and the many challenges the people living in the community face. It also highlights their creativity and resilience.


Video: The People of the Kattawapiskak River (2012)

The People of the Kattawapiskak River, Alanis Obomsawin, provided by the National Film Board of Canada


Land Back

Recently there has been a movement by Indigenous people to reoccupy their traditional lands beyond the limits of the reserves, establishing a constant, active presence on their territory. Land Back: a Yellowhead Institute Red Paper (2019) explains the Land Back movement. Download the full report in PDF format here.


Next>>>

Topic 1 Overview