Facing War and Making Peace:

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Presentation transcript:

Facing War and Making Peace: 1701-1783

Facing War and Making Peace War: Mi’kmaq Wars, 1713-1761 Peace: Articles of Peace and Friendship War: Pontiac’s Rebellion, 1763 Peace: Proclamation of 1763

What is a Treaty?

United Nations’ Definition of Treaty An international agreement concluded between States and governed by international law… Vienna Convention, 1969

Draft Declaration on the Rights of Indigenous Peoples (1994) Considering that treaties, agreements and other arrangements between States and indigenous peoples are properly matters of international concern and responsibility,

Draft Declaration on the Rights of Indigenous Peoples (1994) Article 36 Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors, according to their original spirit and intent, and to have States honour and respect such treaties, agreements and other constructive arrangements. Conflicts and disputes which cannot otherwise be settled should be submitted to competent international bodies agreed to by all parties concerned.

Declaration on the Rights of Indigenous Peoples (2007) Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

Declaration on the Rights of Indigenous Peoples (2007) Article 37 Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

Assembly of First Nations’ Definition of Treaty The Government of Canada and the courts understand treaties between the Crown and Aboriginal people to be solemn agreements that set out promises, obligations and benefits for both parties. AFN website, www.afn.ca

Mi’kmaq, 1713-1761 Review: Who are the Mi’kmaq? The British in Nova Scotia after 1713 British-Mi’kmaq relations after 1713 Articles of Peace and Friendship, 1725 The establishment of Halifax, 1749 Articles of Peace and Friendship, 1752

Major Court Rulings, to 1999 R. v. Syliboy (1928) R. v. Simon (1958) R. v. Simon (1985) R. v. Marshall (1999)

Is the Crown at War with Us? Filmmaker: Alanis Obomsawin