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Gerald Stanley and Colten Boushie Case

On 9 February 2018, Gerald Stanley, a white farmer from rural Saskatchewan, was acquitted of murder and manslaughter in the killing of a 22-year-old Cree man, Colten Boushie. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish the peremptory challenges that allowed Stanley to keep five Indigenous people off the all-white jury that acquitted him.

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Bill C-31

In 1985, Parliament responded to the appeals of Indigenous peoples by changing discriminatory sections of the Indian Act. Known as Bill C-31, this amendment reinstated Indian Status to women who had lost it through marriage to men without status. Among other changes, the bill also enabled all first-generation children of these marriages and individuals who had been enfranchised to regain their legal status. More than 114,000 people gained or regained their Indian status as a result of Bill C-31. (See also Women and the Indian Act.)

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Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

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Pennefather Treaties

In the summer of 1859, Superintendent General of the Indian Department Richard T. Pennefather signed three separate but essentially identical treaties with Batchewana First Nation (Treaty 91 [A]), Garden River First Nation (Treaty 91 [B]) and Thessalon First Nation (Treaty 91 [C]). The three treaties were part of a series of land surrenders that occurred after the 1850 Robinson Treaties. The Pennefather treaties opened additional acres for settlement and resource exploitation. (See also Treaties with Indigenous Peoples in Canada.)

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Peace and Friendship Treaties

Between 1725 and 1779, Britain signed a series of treaties with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot and Passamaquoddy peoples living in parts of what are now the Maritimes and Gaspé region in Canada and the northeastern United States. Commonly known as the Peace and Friendship Treaties, these agreements were chiefly designed to prevent war between enemies and to facilitate trade. While these treaties contained no monetary or land transfer provisions, they guaranteed hunting, fishing and land-use rights for the descendants of the Indigenous signatories. The Peace and Friendship Treaties remain in effect today.

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Williams Treaties

The Williams Treaties were signed in October and November 1923 by the governments of Canada and Ontario and by seven First Nations of the Chippewa of Lake Simcoe (Beausoleil, Georgina Island and Rama) and the Mississauga of the north shore of Lake Ontario (Alderville, Curve Lake, Hiawatha and Scugog Island). As the last historic land cession treaties in Canada, these agreements transferred over 20,000 km2 of land in south central Ontario to the Crown; in exchange, Indigenous signatories received one-time cash payments. While Chippewa and Mississauga peoples argue that the Williams Treaties also guaranteed their right to hunt and fish on the territory, the federal and provincial governments have interpreted the treaty differently, resulting in legal disputes and negotiations between the three parties about land rights. In 2018, the Williams Treaties First Nations and the Governments of Ontario and Canada came to a final agreement, settling litigation about land surrenders and harvesting rights.

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Crawford Purchase

The Crawford Purchase of 1783 is one of the oldest land agreements between British authorities and Indigenous peoples in Upper Canada (later Ontario). It resulted in a large tract of territory along the north shore of the upper St. Lawrence River and the eastern end of Lake Ontario being opened for settlement by displaced Loyalists and Indigenous peoples who fought for and supported Britain during the American Revolution. The Crawford Purchase is one of many agreements made during the late 18th and 19th centuries, known collectively as the Upper Canada Land Surrenders. (See also Treaties with Indigenous Peoples in Canada.)

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Upper Canada Land Surrenders

The Upper Canada Land Surrenders (sometimes known as the Upper Canada Treaties) is a title given to a series of agreements made between Indigenous peoples and the Crown. These agreements were made during the late 18th century and into the 19th century before Confederation and the creation of the province of Ontario. The agreements surrendered Indigenous lands to the colonial government for a variety of purposes, including settlement and development. The Upper Canada Land Surrenders cover much of what is now southwestern Ontario. (See also Treaties with Indigenous Peoples in Canada.)

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Covenant Chain

The Covenant Chain is the name given to the complex system of alliances between the Haudenosaunee (also known as the Six Nations and Iroquois League) and Anglo-American colonies originating in the early 17th century. The first alliances were most likely between New York and the Kanyen'kehà:ka (Mohawk). These early agreements were referred to figuratively as chains because they bound multiple parties together in alliance. Today the Covenant Chain represents the long tradition of diplomatic relations in North America, and is often invoked when discussing contemporary affairs between the state and Indigenous peoples. (See also Treaties with Indigenous Peoples in Canada.)

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Indigenous Treaties in Canada

Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.

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Treaty 9

Treaty 9 (also known as the James Bay Treaty) is one of the 11 post-Confederation Numbered Treaties negotiated with Indigenous peoples in Canada between 1871 and 1921. (See also Treaties with Indigenous Peoples in Canada.) Signed in 1905-6, Treaty 9 covers most of present-day Ontario north of the height of land dividing the Great Lakes watershed from the Hudson and James Bay drainage basins. The purpose of Treaty 9 was to purchase the interests of the resident Cree and Ojibwe peoples to lands and resources to make way for white settlement and resource development. Treaty 9, like other Numbered Treaties, contained provisions for cash treaty payments, the creation of reserveseducation and hunting, fishing and trapping rights.

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Enslavement of Indigenous People in Canada

To a tremendous extent, the enslavement of Indigenous peoples defines slavery in Canada. Fully two-thirds of the slaves in the colony of New France were Indigenous. After 1750, the number of Indigenous slaves brought into French Canada began to decline. When slavery was abolished in British colonies in 1834, Black slaves far outnumbered Indigenous slaves. (See also Black Enslavement in Canada.) The enslavement of Indigenous peoples is part of a dark legacy of colonization that has had implications on generations of Indigenous peoples in Canada and throughout North America.

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Jordan's Principle

Jordan’s Principle is a child-first principle that ensures First Nations children can access the same public services as other children in Canada. Jordan’s Principle is named for Jordan River Anderson, a young Cree boy who died at the age of five after waiting for home-based care that was approved when he was two but never arrived because of a financial dispute between the federal and provincial governments. Jordan’s Principle was put in place to ensure a tragedy like this never happens again.

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Calder Case

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.

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Comprehensive Land Claims: Modern Treaties

Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other means. These claims, which are settled by negotiation, follow a process established by the federal government to enable First Nations, Inuit and Métis to obtain full recognition as the original inhabitants of what is now Canada. Settlement of these claims comprises a variety of terms including money, land, forms of local government, rights to wildlife, rights protecting language and culture, and joint management of lands and resources. Treaties are constitutionally protected, mutually binding agreements. Those signed by Indigenous peoples between 1701 and 1923 are commonly referred to as historic treaties, and modern treaties refer to those agreements negotiated since then.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitobain exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)