Treaties and Agreements in Canada
An introduction to treaties and agreements between Canada and Indigenous Peoples
This StoryMap is designed for teachers as an introduction to understanding treaties and agreements between Indigenous Peoples, the Crown, the federal government, as well as provinces and territories. Explore this StoryMap, starting from what is currently referred to as upstate New York, to learn about the Two-Row Wampum Treaty, then journey over to the eastern coast of Canada to discover the history of the Peace and Friendship Treaties. Make your way west, learning about the Pre-Confederation Treaties, Numbered Treaties, and Métis scrip, and then travel north to learn about Inuit land claims. Finish your journey by exploring a map of the modern treaties within Canada.
Introduction
Signing of the treaty at Windigo, Ont., 1930. Identified figures in photo: Samuel Sawanis, John Wesley, Dr. O'Gorman, Chief Ka-ke-pe-ness, Senia Sakche-Ka-pow.
What is a treaty?
A treaty is an agreement between two sovereign nations; in Canada that most often means between the Canadian government (the Crown) and First Nations that are recognized in the Canadian constitution. It is important to recognize that First Nations had treaties between their respective First Nations prior to European contact on these lands. Also, Canada has entered into land-related agreements with Métis and Inuit through other processes.
Photo taken of a gathering at treaty negotiations in northern Ontario in 1930.
Why treaties?
During early colonial times, Europeans acquired Indigenous lands through treaties, some of which are still disputed today. It is also important to note that many treaties are celebrated and that when concerns about treaties are raised it is often because the terms of treaties are not being honoured and respected.
Photo taken at at Fort Hope, Ont., in Treaty 9.
Continuing negotations
Negotiations over Indigenous land rights continue, dealing with issues of unceded territory and grievances about past promises and treaties. It is important to understand that there are often two components for treaties, especially when we consider Numbered Treaties. The written text is one component of a treaty, but what is often overlooked is what First Nations identify as the “spirit and intent” of the treaty. During treaty negotiations there were often aspects of the treaty discussions and agreements that were not translated into the written text. These were generally the aspects of the treaty that were most important to the First Nations entering into their respective treaties.
What do we mean by "agreements" in this context?
In Canada the term “treaty” is generally used in reference to agreements between First Nations and the Crown or Canada. However, the Métis also had land agreements with Canada. This process is called scrip and has a fraught history all its own, which we will learn about as we travel the journey of this StoryMap.
Inuit land claim agreements
Inuit also have land claim agreements with Canada, which served as the basis for the establishment of Nunavut, Nunavik, Nunatsiavut and Inuvialuit, the four Inuit Nunangat Regions.
The Two Row Wampum
The Two Row Wampum is a belt that is not simply an object but a document and an agreement. The history of this agreement goes back more than 400 years and is recognized as the first formal agreement between Europeans and Indigenous Peoples on Turtle Island (North America). The treaty was reached in present-day upstate New York.
This agreement was recorded on paper by the Dutch; however, in the Haudenosaunee tradition of recording historic events and agreements, they created a belt of wampum shells. The Haudenosaunee had documented many agreements in this manner with other First Nations before European contact.
Photo of wampum shells, like the ones used in the Two Row Wampum Belt.
One such example of an agreement between First Nations is the Dish with One Spoon concept, developed by the Haudenosaunee, Anishinaabe and Mississaugas to demonstrate how the land (the dish) can be shared peacefully by various peoples (the spoon).
Several treaties between First Nations acknowledged the Dish with One Spoon concept and were marked with ceremonies where a wampum belt was exchanged to symbolize the agreement.
For more information on the Dish with One Spoon, visit the Canadian Encyclopedia .
In 1613, the Two Row Wampum was created as an agreement between the Haudenosaunee and the Dutch to live as brothers, peacefully, equally and respectfully. The belt has two rows of purple, separated and framed by three rows of white.
Flag of the Netherlands (on the left) and Haudenosaunee flag (on the right).
The three white rows represent a river. The rows of purple represent two vessels travelling down the same river. This symbolizes how each nation has its own customs and laws, and that as they travel in parallel, they will not interfere in one another’s paths. This agreement has no end date, continuing forever.
Chief of the Onondaga Nation (one of the nations in the Haudenosaunee confederacy), Tadodaho Sid Hill (centre), with paddlers and Dutch Consul General Rob de Vos (centre left with orange tie).
Peace and Friendship Treaties
The Peace and Friendship Treaties were signed between the British and the Mi'kmaq, Wolastoqiyik, Passamaquoddy, the Abenaki and the Penobscot First Nations on the East Coast and in the Gaspé regions of what is now known as Canada and the northeastern United States between 1725 and 1779.
Unlike other treaties, these treaties did not seek to have Indigenous Peoples give up rights to land and resources, but were signed to bring an end to the animosity between the First Nations and the British and to foster cooperation. Still in effect today, these treaties are meant to ensure fishing, hunting and land-use rights for the descendants of the signatory First Nations.
Explore the boundaries of the Peace and Friendship Treaties:
Peace and Friendship Treaties / Traités de paix et d'amitié
Pre-Confederation Treaties
Royal Proclamation of 1763 to Confederation (1867)
After Britain defeated France in the Seven Years War, Britain sought to gain land previously claimed by France. The Royal Proclamation, issued by King George III of Britain on October 7, 1763, recognizes that Aboriginal title to land exists and that land cannot be taken by settlers unless it is ceded* through a treaty. This land could only be sold by First Nations to the Crown and not to individual settlers. The Pre-Confederation Treaties discussed in this section are those that were established after the signing of the Royal Proclamation in 1763 and before Confederation on July 1, 1867.
*Ceded land: Land that is given to another party as part of a treaty.
Take a tour of the Pre-Confederation Treaties:
For more information on the Pre-Confederation Treaties, click below.
Numbered Treaties
Watch this video about the 11 treaties, called the Numbered Treaties, that were negotiated between First Nations and Canada after Confederation.
Differing interpretations
Rupert's Land
With the 1867 establishment of the Dominion of Canada, political parties looked to Canada’s future, which for many newcomers included expansion westward into Rupert’s Land, a vast amount of land around Hudson Bay, and west into the present-day Prairie provinces. The United States expansion was also seen as a potential threat to Rupert’s Land.
What are the Numbered Treaties?
The Numbered Treaties are a series of 11 treaties that were signed between the British Crown and First Nations between 1871-1921. With these treaties, the government of Canada assumed and asserted control over large areas of land in western and northern Canada, which they sought to use for settlers to secure their colonial hold on the lands.
Treaty terms
These treaties recognized hunting and fishing rights on unoccupied Crown lands, annuities, and reserve lands for the First Nations who signed the treaties. Some of the numbered treaties also contained unique clauses, such as banning the sale of alcohol on reserve land, a “medicine chest” provision that would provide health care for a signatory band, and the government maintenance of schools on reserve land.
Impact Today
Though signed more than 100 years ago, these treaties still affect First Nations today on social, legal and economic grounds. These treaties were meant to stand in perpetuity, or, according to the First Nations understanding, “as long as the sun shines, the grass grows and the rivers flow.”
Broken Promises
However, Canada has yet to honour many of their treaty commitments and has a long way to go to mend broken promises and move forward with reconciliation in the true spirit and intent of the treaties.
Additional resources
The history of treaties and treaty promises is a complex topic. For further information, explore the following resources:
Heritage Minutes: Naskumituwin (Treaty) , video by Historica Canada
Treaty Recognition Week (Ontario)
We are all treaty people, by Maurice Switzer
Explore a map of the Numbered Treaties below.
Numbered Treaties
The Scrip System
The Red River Settlement, where the Red and Assiniboine Rivers converge, was the site of the Red River Resistance (1869-1870) which was sparked by the massive land sale of Rupert’s Land from the Hudson’s Bay Company to the Dominion of Canada in 1869 without consulting the Métis living on these lands.
Watch this video about Manitoba, Canada's fifth province.
Indigenous First
Learn about the Métis Scrip System and its lasting impact.
Manitoba
After the Red River Resistance, in an attempt to settle disputes between Canada and Métis, the province of Manitoba was created as part of the Manitoba Act in 1870. Métis were deeply concerned for the wellbeing and future of their children so Canada agreed to set aside 1.4 million acres for the children of Métis families.
However, after this initial land grant, the government implemented a new system called the Métis scrip, which was the only way Métis could get formal land titles (or exchange land for money).
Scrip
Scrip is a certificate-like document that was created to acknowledge the scrip holder’s right to lands or money. In this Métis scrip system, scrip could originally be redeemed for 160 acres of land or $160 (later 240 acres of land or $240). Unlike treaties, scrip was established for individual land transfer rather than collective land holding.
Portrait of North West Métis Claims Royal Commissioners
Unfortunately the scrip system was fraught with problems from its inception. The Canadian government established the system in such a way that made it nearly impossible for Métis to access the lands set aside for them or to meet the requirements to redeem the scrip certificates.
Camp scene of Métis people with carts on the prairie.
In some cases, advertisements of scrip commissions could be found in newspapers and posters. In other cases, land speculators would buy scrip from Métis for a low price and then sell them to the main chartered banks in Canada, or worse yet, forge the signatures of the scrip holders without their knowledge.
In the end, this scrip system was the government's way of attempting to extinguish the land rights of the Métis to make way for western expansion and commercial development. For example, in northwestern Saskatchewan, 138,320 acres of land scrip were issued. As a result of the fraudulent scrip system, approximately only one per cent of land scrip was actually recovered and claimed by Métis.
Inuit Land Claims
Agreements between Canada and Inuit are referred to as land claim agreements rather than treaties. There are four major Inuit land claim agreements with Canada. Inuit Nunangat is the homeland of the Inuit peoples and comprises four regions: Nunavut, Nunavik, Nunatsiavut and Inuvialuit.
Learn about the four regions of Inuit Nunangat and the land claim agreements in each region below.
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Modern Treaties
Modern treaties are treaties that were signed after 1975 (e.g., the James Bay and Northern Quebec Agreement). These treaties are negotiated between Indigenous Peoples (e.g., a specific First Nation group)* and one or more levels of government: federal, provincial or territorial. To date, there have been 26 modern treaties signed, covering more than 40 per cent of the land mass of Canada. With rights related to land and natural resource management and ownership, employment, parks, self-government and more, modern treaties are a way for Indigenous Peoples to autonomously begin rebuilding their communities and Nations following the colonial interference they have faced for more than two centuries.
*Note: Although Inuit Land Claim Agreements and Métis agreements are considered Modern Treaties due to their place in history and the way that they are negotiated, these agreements are distinctly Inuit or Métis and should be honoured as such.
Use this map to explore the locations of the modern treaties between First Nations and the federal and/or provincial/territorial governments.
Modern Treaties
Nisga'a Treaty: An example of a modern treaty
The Nisga’a Treaty (2000) is the first modern treaty in British Columbia. A section of the Indian Act that prevented First Nations from raising money for land claims was repealed in 1951 and, in 1955, the Nisga’a Tribal Council was formed to pursue negotiations with the provincial government.
Image: Nisga’a Nation celebrate treaty anniversary, British Columbia.
The Nisga’a Treaty outlines the rights of the Nisga’a citizens and recognizes that the Nisga’a have the right to self-governance as well as control over the management of land and resources.
The Nass River is important to the Nisga'a people.
Other terms of the treaty include financial compensation, land claims, annual allocations of fish and wildlife, and funding for health, education and social services to supplement funding contributed by the Nisga’a government.
Resources
If you would like to learn more about treaties, Indigenous cultures and history, as well as ways to incorporate these topics and Indigenous perspectives into your teaching, visit our Indigenous Resources page .
Indigenous Peoples Atlas of Canada
Recognizing that the stories were not ours to tell, the RCGS collaborated with a number of Indigenous and ally organizations and educators from across Canada to create this extraordinary atlas and its accompanying educational materials.
Paths To Reconciliation
Hundreds of residential schools were never recognized in the Indian Residential Schools Settlement Agreement. Our Paths to Reconciliation interactive map and timeline focus on these schools.
Re: Location
Re: Location tells the stories of community relocations in Canada. The interactive website shows a selection of numerous communities, both historic and modern, forced to move due to various factors.
