Numbered Treaties 1-11: 1871-1921
Modern Treaties: 1973 –
As required by the Royal Proclamation of 1763, the British Crown, through their representatives of the Dominion of Canada, were obliged to enter into formal Treaty processes before they could expand westward. The British Crown and First Nations interpreted the meaning and intention of Treaties in drastically different ways.1
The British Crown considered the Numbered Treaties to be an exchange for the surrender of Indigenous Rights and Title to land, so settlers from foreign lands could occupy lands within the colonial territories that the British laid claim to. In return, the British Crown guaranteed First Nations certain Treaty and Inherent Rights in perpetuity.2
First Nations that signed these Numbered Treaties believed they were entering a trust relationship with the British Crown; First Nations were to share and co-exist with settlers from foreign lands. Therefore, First Nations never agreed to the sale of their lands and resources. Instead, they agreed to share their Indigenous lands, to the depth of a plough, as stated in the following quote:
“At the time, the government said that we would live together, that I am not here to take away what you have now…I am here to borrow the land…to the depth of a plough…that is how much I want.”
—Senator Allan Bird, Montreal Lake Cree Nation, Treaty 63
Treaty 3 Medallion
The Crown represented numbered Treaties 3-8 through issuing medallions: of note is the representation of equality and agreement between the two signatories. Treaty 3 is located in between Thunder Bay ON and Winnipeg MB. Treaty 9 is the only other Numbered Treaty in Ontario. If interested, please use these links to learn more about Treaty 3 and Treaty 9.
Treaties 1-11 (Traditional Territory/Current Context)
Modern Treaties4
The modern Treaty era began in 1973 after the Supreme Court of Canada decision, Calder et al. v. Attorney-General of British Columbia, which recognized Indigenous rights for the first time. This decision led to the first modern treaty, the James Bay and Northern Québec Agreement signed in 1975.
Since 1975, Canada has negotiated and signed 26 modern treaties with Indigenous groups in Canada, 18 of which contain self-government provisions or associated self-government agreements. Consult Modern Treaties — Comprehensive Land Claims and Self-Government agreements map.
Modern Treaties recognize the rights of Indigenous Peoples to:
- ownership over 600,000 km2 of land
- protection and revitalization of their traditional culture, language and heritage
- access to resource development opportunities
- participation in land and resources management decisions
- predictability with respect to land rights in around 40% of Canada’s land mass
- associated self-government rights and political recognition
- improved social development through better outcomes in health, education and housing
- fostering of economic development opportunities and achieving greater self-reliance
The Williams Treaties Settlement Agreement of 2018 is particularly important to our clients.5 The Agreement amended a century long dispute over lands and rights in the Greater Toronto Area. The Crown did not act honourably when making and implementing the Williams Treaties of 1923. After decades of trying to right this wrong, the Williams Treaties First Nations signed an agreement with the Governments of Canada and Ontario. Canada and Ontario issued a formal apology. $100 million financial compensation was awarded and each First Nation was allocated up to 11,000 acres of land to be acquired and added to their reserve.
The Williams Treaties Settlement Agreement may impact your commercial clients’ consultation requirements. Read about the settlement here or speak to a member of the IPG for more information.
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1Assembly of First Nations, “It’s Our Time Education Toolkit: Plain Talk 4: Treaties — The Numbered Treaties (1-11) 1871-1921″, online.
2 Ibid.
3 Ibid.
4 Canada, “Modern Treaties” online: https://www.rcaanc-cirnac.gc.ca/eng/1677073191939/1677073214344#chp1 5 Canada, “William Treateis Settlement Agreement” Online: https://www.rcaanc-cirnac.gc.ca/eng/1542370282768/1542370308434
This publication is intended for general information purposes only and should not be relied upon as legal advice.
