1. Understanding the Treaties A Legal Guide to understanding the Land Claim Issues in BC and Canada

2. The Royal Proclamation 1763 PRIMARY SOURCE “(S)everal Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds… We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained.”

3. Royal Proclamation Continued Guarantees their land. Ensures hunting area. There is legal protection under the crown.

4. So What happened? 1.America violated the treaty when they became independent. 2.It appeared that the First Nations were going extinct. 3.Since there were few permanent settlements nobody had the sense they were taking anything.

5. Is a Law made in 1763 still Valid? The proclamation is mentioned again in the 1982 version of our constitution. BC says the Proclamation does not apply since most of the territory had not be discovered. Nisga Treaty 1973: the Supreme Court recognized that the Nisga still had title to their land. Supreme court rulings cannot be overturned.

6. Treaties Since the Royal Proclamation suggested bargaining Canada began to bargain for the First Nation Land. The land would be bargained for since confederation finishing in 1921. Though arguably 1999 Nunavut’s creation is the last treaty

7. Treaty #3 (First Nation Perspective) (Some of this is based on Oral Tradition) The Treaty & Inherent Right of First Nations to maintain their own systems of governance, including selection of leadership and control over own citizenship, trade and spiritual beliefs; Treaty annuity payments of $25.00 for the Chief, $15.00 for Band Councillors and $5.00 for each man, woman, and child; The Treaty & Inherent Right to Education; The Treaty & Inherent Right to Health; The Treaty & Inherent Right to Child Welfare; The Treaty & Inherent Right to Shelter; The Treaty & Inherent Right to Justice; The Treaty & Inherent Right to Hunting, Fishing, and Trapping; and The Treaty & Inherent Right to Land and Resources.

8. Problems with Treaties They were not made with the appropriate First Nation leaders. Deals were made with coercion. First Nations have no concept of land “ownership” Canada would breach its own agreements with the Indian Act.

9. 1960’s Begins An Era of Rights First Nation rights were unacceptable. United Nations soon found Canada in breach of policies regarding rights and freedoms. Canada allows first Nations a right to vote.

10. White Paper Act 1969 Trudeau wants to make all people equal before the law. Tries to dismantle the Indian Act This would make First Nations fully enfranchised Canadians. Responded to by the Red Paper also known as the “citizens plus” document.

11. The Turning Point: The Calder Case The Nisga first nation in 1973 sued the government for violation of the Royal Proclamation. The supreme court jury was split 3 and 3 they suspended the case but opened the door to future land claims. In recent year numerous First Nations groups have successfully argued in the courts their inherent right to sections of their traditional lands. Between 1973 and 1996 over 700 separate land claims would be raised and brought before the courts.

12. The Significance of the Accords & Charlottetown Accord “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” - Section 35 of Canada’s Constitution First Nations assumed this meant sovereignty. It soon became clear nobody knew what it meant When the Charlottetown Accord failed the hope of First Nation self governance Failed.

13. Specific Land Claim Claiming traditional land as the ownership of the First Nation people after the land has already been bargained for. These are often trying to preserve the right to hunt and fish. Or trying to preserve the right of Justice or Land use

14. Comprehensive Land Claim BC and the Yukon have no Treaties This means bargains have never existed. The first Nations naturally want the land they have never given away. They currently have claims for over 80% of the province.

15. Sovereignty versus Land Claims

16. Nisga Treaty First Treaty signed in BC since 1854 Nisga people have the same powers as a municipal government… and some traditionally provincial responsibilities. The traditional territory of Nisga and its governance belongs to the Nisga.

17. Why should I care. Significant Because: Nisga have an autonomous area in Canada where the Canadian government has no control. Significant Because: Many other FN bands want a similar deal. Significant Because: The supreme court has recognized the official title of First Nations and legal precedent is estblished. Significant Because: If all Bands get a similar deal much of the province of BC will be returned to the First Nations

18. Delgamuukw 1997 Chief Delgamuukw has a supreme court case that argues sovereignty of Nunavut. (Inuit) The Supreme Court avoids making a ruling because the legal precedent will be too great. 1999 Nunavut is created it is essentially a large Comprehensive Land Claim. Nunavut gives territorial recognition and powers to the Inuit. MANY MORE SINCE…

19. Tsilhqot’in 2014 The Status Quo is illegal as decided by Supreme Court of Canada. (BC does not own this) First Nations (Tsilhqot’in and Nisga) have title and control as decided by Supreme Court of Canada Already talking about suing over land right violations

20. Moving Forward (2016…) 59 more nations in BC alone have made sovereignty claims. Do these claims imply that they are not Canadians and the land isn’t Canada? … yes What does First Nation Sovereignty include? Who owns the resources? What (in terms of land) is required for a FN traditional way of life?