Cession of Rights Agreement - PowerPoint by nya17959

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									Treaties in Canada

    Background
    What do treaties represent?

 Negotiated rights between then Crown (Federal
  Government) and First Nations peoples.
 It is a “trust relationship” that exists between
  the Crown and First Nation peoples.
       Each group trusting the other will fulfill their
        obligations as stated in the Treaty.
    Types of Treaties
 Peace and Friendship Treaties
 Historic Treaties
 International Treaties
 Modern Treaties
Peace and Friendship Treaties
 Signed during the 17th and 18th century
 Guarantee of hunting and fishing rights in return
  for peaceful relationships and military alliances
 No land cession, but still valid
 Peace and Friendship Treaties


       Source: All maps: http://atlas.nrcan.gc.ca/site/english/maps/historical#indiantreaties
          Historic Treaties
 Robinson Treaties (1850) Lake Huron and Lake
  Superior areas
 Numbered Treaties (1871 – 1921) – 11 in total
  (Across the prairies and North)
 Douglas Treaties (Vancouver Island)
          International Treaties
   Jay Treaty – 1794 treaty between Great Britain
    and U.S.A
    (Usually associated with duty exemption for First
    Nations crossing existing Canada/US border)

   International Covenant on Civil, Cultural and
    Political Rights
    (UN agreement between nation states)
          Modern Treaties
 James Bay and Northern Quebec Agreement,
  1976
 Nunavut Agreement, 1993
 Dogrib Claim, 2003
Characteristics of a Valid Treaty
 Parties: Crown/Aboriginal Nation
 Agency: Whoever signs the treaty must have
  authority to bind the parties.
 Intention: Parties must intend to create legally
  binding obligations.
 Consideration: Obligations by both sides to
  fulfill.
 Formality: A measure of solemnity (seriousness)
  to the signing and intent.
      Treaty Interpretation in
         Litigation (Court)
 If written terms unclear, minutes from treaty
  negotiations will be considered
 Oral record of the treaty will be given equivalent
  weight for interpretation purposes
 Treaties to be interpreted in such a manner that
  upholds the honor of the Crown
    Principles of Interpretation
 A treaty represents an exchange of solemn
  promises between the Crown and Indian nations
  and the nature of this agreement is sacred
 Ambiguities and doubtful expressions in (historic)
  treaties must be resolved peacefully and in court
  of law.
 Extinguishment of treaty rights to be proven by
  Crown and justified through the legal process-
  the judicial system.
                 Conclusion
 Treaties have been defined as formal agreements
  between states that often consider land,
  property, and public welfare between those
  states, and the citizens of those states, for
  perpetuity.
 A Treaty is a formal agreement between two
  parties. The Numbered Treaties, which cover all
  of Saskatchewan, are formal agreements that
  created a relationship between the Crown and
  First Nations. As a result, each party has certain
  expectations and obligations, both explicit and
  implicit
                     Conclusion
   Are treaties more than legal contracts?
     British common law and traditional perceptions of order
      would demand that these rights and benefits be
      guaranteed by the British Crown through the Canadian
      government.
     A source of tension between the First Nations and the
      Federal government stems from conflicting beliefs
      about the legal/moral obligations of these treaties.
     Most Indian bands and organizations believe that both
      the spirit/intent and the literal interpretation of
      treaties are binding on the Bands and the Crown.
The End
Peace and Friendship
      Treaties
Numbered Treaties 1-5
Numbered Treaties 6-7
Numbered Treaties 8-11
James Bay and Northern Quebec
Nunavut Agreement
Douglas Treaties
Robinson Treaties

								
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