DCHP-3

treaty

DCHP-2 (Oct 2016)

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Treaty

1an. — Law, Aboriginal, especially First Nations

an agreement between the federal government and Aboriginal peoples regarding land and resources.

Type: 4. Culturally Significant — The term treaty refers to agreements made between Aboriginal peoples and the Crown that "set out promises, obligations and benefits for both parties" (see AANDC reference). Treaty policy was outlined in the Royal Proclamation of 1763, which "prohibited the purchase of First Nation lands by any party other than the Crown" (see AANDC reference) and stated the main principles for treaty making (see Canadian Encyclopedia reference). Aboriginal peoples agreed to share their land and resources in return for "benefit[s] from the Crown's resources, such as medicine and education" (see Canadian Encyclopedia reference; see the 2011 quotation), monetary compensation (see treaty money), and reserves. Land and resources are central to these agreements; within the constraints of treaties, Aboriginal peoples often maintained certain rights, such as hunting and gathering rights (see CBC reference).
Treaties made between incomers and peoples with very different levels of power (see the 1959 quotation) and concepts of land ownership, usually speaking through interpreters, have often subsequently been found lacking. Sometimes, promises made in the oral negotiations were not accurately recorded in a treaty's written text. Aboriginal peoples often viewed treaties as the beginning of a relationship or alliance between themselves and the Canadian government and not as ceding land and rights (see Canadian Encyclopedia, s.v. "Indigenous Peoples: Treaties"; see the 2014 quotation). In recent years, efforts have been taken to ensure dealings on a more equal footing between Canada's Aboriginal nations and the Canadian government. Note that modern day treaties are legally referred to as comprehensive land claim settlements (see AANDC reference).

Quotations

1818
A Treaty is on foot with our Indian neighbors for the purchase of new Territory, including certain tracts, which serve by their intervention to disconnect our Western Settlements.
1878
They have not yet come into the treaty, and being industrious and frugal, claim that they are better off and more independent, and less apt to suffer from want, than those bands that have done so.
1959
It's amazing how eagerly the Crees welcome treaty. They see it as an end to starvation, and ask for school teachers, missionaries, and farm instructors to be sent to their reservations. . . .
1965
. . . Indians who have treaties (about half of Canada's total of 207,000) get treaty money of $4 or $5 a year.
1968
"My mother's grandfather," Emily says proudly, "was one of only three Indians who refused to sign the Treaty. He wanted to get along without the white man's handouts. It's made problems because being Metis, the Treaties look down on us being Indian, the white people look down on us too.
1977
The brief from the Indians of Treaty 3 started with a review of what had happened to their treaty since their forefathers signed it 104 years ago, saying Ottawa betrayed the Indians when it gave jurisdiction over them to Ontario without insisting that Ontario honor the commitments that Ottawa had made to them.
2008
Will the government continue to drag its feet on land-claims settlements? Will treaties continue to be broken?
2008
The far less popular historical perspective is that aboriginal people once had a historic relationship with the Crown through initial treaties that fully respected their collective culture, values, governance and title.
2011
"The essence of the treaty was to create a nation together that will exist in perpetuity, for as long as the sun shines, the grass grows and the waters flow," Anderson said. "The core concept is to share the traditional land of the First Nations who have entered into a treaty with the Crown and the Canadian settlers, and also to benefit from the Crown's resources, such as medicine and education." But the text of the written treaties tells a whole other story. According to these documents, native groups surrendered all of their rights to the land in exchange for small reserves and meagre compensation. [...] The oral tradition, maintained by aboriginal elders, also shows discrepancies between the treaty texts and the verbal content of negotiations.In essence, the surrender of land rights was based on the concept of private property, an incomprehensible notion in aboriginal culture.
2014
First Nations and the Federal Government differ, however, in how they view Treaties – First Nations see the Treaties as covenants, while the Federal Government sees them primarily as contracts. First Nations believe that the Treaties are land sharing agreements, witnessed by the Creator, between two sovereign parties that established a permanent relationship. The Federal Government acknowledges their solemnity, but they view the Treaties as land surrender agreements whereby First Nations ceded their territories to the Crown. As well, First Nations believe that the spirit of the agreement is what is most important, including oral commitments, whereas the Federal Government believes the written text is what is most important.
1bn. — Aboriginal, especially First Nations, obsolete, historical

take (the) treaty, of Aboriginal bands: receive treaty money (see meaning 1a).

Type: 4. Culturally Significant — Today, the phrase take treaty is hardly found in Canadian print, though it was used until the mid-20th century (see the 1963 quotation). The more common phrases of "paying the treaty money" or "handing out treaty money" are used today.

Quotations

1880
As a considerable number of half-breeds have taken the treaty the population will not appear to be as numerous as it really is.
1883
We referred recently to the fact that very few of the inhabitants of the reserve were taking "treaty."
1928
Thanks again to that hypothetical Scotch progenitor -- one so remote, as it chanced, that this particular descendant still "took treaty" and was not rated as a 'breed -- he was far from being an ordinary Indian.
1939
Today its echoes are still heard, when every year the Indians assemble at various Hudson's Bay posts to "take treaty."
1962
Although the money itself is of little importance, its acceptance, i.e., "taking treaty," has legal and social significance, as marking those who are members of the band, in the terms of White man's law.
1963
Since this was written the Saulteaux bands which I knew have been persuaded to "take treaty."
2n. — Aboriginal, especially First Nations, obsolete, informal

the day on which treaty, meaning 1a was originally agreed upon by an Aboriginal band; later, any day on which treaty money is paid.

Type: 3. Semantic Change — A semantic specialization of the term treaty to refer only to the day of payment.

Quotations

1883
Two days are generally taken up in making the payments, and as the aborigines receive rations of flour and bacon in addition to the money, it is not to be wondered that they should regard the "Treaty" as a most pleasant and remunerative time.
1909
Two days ago, at the treaty at Lesser Slave, when a smiling couple drew five dollars for a baby one day old, a Cree bystander dubbed the baby "dat little meal-ticket!
1947
"I got it at Treaty. Poppy gave it to me. Jay won it in the stick game. And I got two bits in a race, and--"
3n. — Aboriginal, especially First Nations, rare, informal

the annual cash payment received by Aboriginal peoples whose names are entered in the Indian Register.

Type: 3. Semantic Change — A semantic specialization of the term treaty to refer only to the annual payment.

Quotations

1896
Every man, woman and child, receives an annual "treaty" of five dollars in cash.
1959
Treaty was paid at Fitzgerald June 22 and at Fort Smith June 23.
1999
"He remembers the person ... who paid the treaty (money). McKenny was his name," said his son, Elmer.
4n. — Aboriginal, especially First Nations, dated

an Aboriginal person who is in receipt of treaty money or who adheres to a treaty, meaning 1a.

Type: 3. Semantic Change — A semantic specialization of the term treaty to refer to a person receiving treaty money. Today, the compound noun treaty Indian or status Indian is overwhelmingly used instead.

Quotations

1945
. . . a population of some four hundred Chipewyans and one hundred Crees, the latter being mixed treaties and non-treaties.
1949
The Indians of Canada are divided into two categories, treaty and non-treaty.
1956
The reason they [the Metis] are referred to here is that a minority living the life of Indians, often poverty stricken, have been made "Treaty" in order to provide them with even the few amenities given members of native bands.
1968
"My husband was a Treaty," she says, "so I became one automatically when I married him. After two years I had such a trapped feeling. The Band Council and the government made all your decisions, you weren't your own boss. We became enfranchised and now we're both Metis."

References