The Modern Treaty Era
We know that by 1900, First Nations on the Plains were locked down on Reserves. First Nations in Eastern Canada that occupied areas protected by earlier treaties were also subjected to the reserve system and the Indian Act. The Métis as yet had no land base.
What about other Indigenous groups in Canada? The Cree in northwestern Quebec, the Inuit, and most of the First Nations of British Columbia and the Yukon – these groups had never signed any treaties. They would eventually negotiate what we call modern treaties.
Modern treaties
- have been negotiated with property legal representation for the Indigenous party
- override most articles of the Indian Act
- include self-government agreements
- usually increase the size of reserves
- extend partial control of some of the Indigenous group’s traditional territory to the Indigenous group
- usually cede complete control of part of the Indigenous group’s traditional territory to the government of Canada or to a province of Canada
- provide financial compensation for the ceded lands
- provide money to help implement the treaty’s provisions
- promise ongoing support for health, education, and other critical expenditures
- specify what tax exemptions will or will not apply on the lands controlled by the Indigenous group
In 2022 there were 26 modern treaties in existence, covering about 35% of Canada’s landbase (NIEDB et al., 2022).
Let’s go back in history and trace the birth of these modern treaties.
The Last of the Numbered Treaties
The Cree on the Ontario side of Hudson Bay and James Bay, being very aware of the steady influx of settlers competing with them in hunting, trapping, and fishing, signed Treaties 5 and 9 in 1905. At this time the governments of Canada and Ontario were interested in securing land for settlers, mining, and railways. Treaty 9 was extended in 1929, doubling the territory ceded. Treaty 9 covers about two-thirds of Ontario.
Treaties 5 and 9 were the old-style treaties, where it is unclear whether First Nations fully understood the degree to which they would be limited to their reserves. Treaty 9 (1905) is like many early treaties in that the Cree believed they would be able to continue hunting, trapping and fishing in the area ceded.[1]
“Missabay, the recognized chief of the band, then spoke, expressing the fear of the Indians that, if they signed the treaty, they would be compelled to reside upon the reserve to be set apart for them, and would be deprived of the fishing and hunting privileges which they now enjoy. On being informed that their fears in regard to both these matters were groundless, as their present manner of making their livelihood would in no way be interfered with, the Indians talked the matter over among themselves, and then asked to be given till the following day to prepare their reply.” [2]
But the written Treaty contained a massive loophole:
“And His Majesty the King hereby agrees with the said Indians that they shall have the right to p