Introduction to the Justice System in Canada

11 ACTIVITY Treaties Treaties are a meaningful element of Indigenous history in Canada, and we can learn much from studying them, including an ability to better understand and address the complexities and ethics of ongoing negotiations today. Indigenous peoples from coast to coast to coast have been deeply committed to both land claims and the conservation of natural resources. The process of (re)claiming selfgovernment is complex, and the goals of different groups have varied widely. 1. Split the class into two – half of the class will investigate a historical treaty, while the other half will investigate a modern treaty or Comprehensive Land Claim agreement. Get started by visiting the “Treaties” category on TCE’s Indigenous Peoples Collection. You may also try searching for treaties local to your home or school at https://native-land.ca/, or researching the relevant Indigenous nations official websites. 2. In small groups, answer the following questions: a. Who were the parties involved in this treaty? For example, was it between Indigenous nations or between one or more Indigenous nation and settlers (e.g. the Two Row Wampum)? b. Was the treaty signed? If so, when and where, and what expressions of commitment were included (signatures, a wampum belt, etc.)? c. What is the historical context of the treaty? What was happening at the time for each party? What were the motivating factors and goals for the various groups involved? To what degree were the parties involved on equal footing? If unequal, who had more power, and how do we know? In what way could that balance of power have affected negotiations or the outcomes? d. What were the key ideas of the treaty? e. What were the direct consequences for the different parties involved in the treaty signing? f. Make an ethical judgment on the fairness of your selected treaty: Do you think it was just? Was it signed under fair circumstances? To what degree does/did it protect Indigenous rights to land, resources and selfgovernment? To what degree has the duty to consult been fulfilled in this case? What, if anything, do you think should have been done differently? 3. Create new groups, mixing classmates who studied historic and modern treaties. Share your research, and discuss any similarities or differences you have found. Extension: Investigate the differences between treaties and land claims. Read The Canadian Encyclopedia articles on Indigenous Land Claims and Comprehensive Land Claims: Modern Treaties. A monumental pole in the village of Nang Sdins Llnagaay on the island of SGang Gwaay, Gwaii Haanas, 8 July 2007 (Neil Banas/Flickr CC)

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