Far North Rambles: We Are All Treaty People.
Yes, we are all Treaty people.
In 2016, the Ontario Government passed legislation declaring the 1st week of November as Treaties Recognition week. The intent is to honour the importance of treaties and to help those of us less familiar with treaty rights and relationships to learn more about these important nation-to-nation agreements.
I have a confession. Before 1999, I did not know very much about the historic Treaties signed between the British Crown, and subsequently by the Canadian Government, and indigenous people in Canada. I had never read a Treaty. Although I am a Treaty person, as are you, I was quite ignorant about the content, meaning, spirit, and intent of the Treaties. During my many visits to remote First Nation communities, I learned a lot about the indigenous peoples perspective of a Treaty, especially Treaty 9.
The following is some of what I have learned, and I have much more to learn. A treaty is a nation-to-nation agreement. It is not just a piece of paper. But to some it is just paper. A Treaty is a solemn act and commitment between two nations and their people. A Treaty is a covenant chain, where links to each other form a strong mutual relationship. But to some, it is a ball and chain. A Treaty is a building block for our mutual relationships. But to some, it was a usury relationship. A Treaty defines the rights of indigenous peoples with respect to lands and resources for a specified geographic area and may also define the self government authority of an indigenous Nation. But to others, it was a about controlling indigenous people. The Treaty spirit and intent is about two nations willing to share. But, to some, “share” means “take”. If a Treaty was intended to sign away, or surrender, lands and resources, it did so with fair and mutual obligations. But to others, it was about gaining access to indigenous land and resources without fair compensation. I learned that a Treaty is not about extinguishing indigenous rights, cultures, or identities. But to others, it was very much part of political policy and a legislative agenda to “civilize the indigenous peoples” at great cost to their spirituality, culture, and life. The Treaty was about respecting the land, sharing the land, and working collectively together. But to others, it was a way to subjugate indigenous people. Perspectives aside, the Supreme Court of Canada affirmed that a Treaty is an enforceable obligation between the Crown and the indigenous people.
I also learned that following first contact between Europeans and First Nation peoples in North America, there were examples of mutual support and peaceful existence. But, over time, the balance of power shifted and attitudes of we, the European people, changed to one of isolation, cultural genocide, and yes, even human genocide of indigenous people. Some suggest that shift was perpetuated by expansion of European settlements, which conflicted with the indigenous seasonal travel needed to follow the seasonal resources. Others suggest the shift was perpetuated by much darker motivations.
Bluntly, it is not clear to me that the ideal Treaty outcomes, measured by basic human standards, would receive stellar accolades from an independent, neutral, and external review. What would you think about a country whose laws:
- prohibited the assembly of certain people;
- prohibited some people from accessing basic education;
- prohibited some people from attending university to become lawyers, doctors, or even geologists, without giving up their identity;
- discouraged access to legal justice;
- removed the status of women;
- forced the removal of young children, as young as age 5 or 6, from their family;
- created institutions, some having European religious denominations, intent on removing the spiritual beliefs, culture, and identity of a group of people, many of who died as children in those institutions.
What would you think of a country whose systems and legacies:
- created tiny reserves where a group of people live under the administration of the Crown, and who, at one time, needed permission from the Crown to leave those areas we call reserves, but indigenous people call “Left Over Land”;
- leave some people, to this day, with unacceptable drinking water;
- created and perpetuated poor physical and mental health for a group of people leading to incarceration and suicide.
Those were the political actions of the British Crown, and eventually, the Government of Canada after confederation. I could go on with examples, but one thing is certain. We, the descendants of the European immigrants, have much to learn and to account for.
One pragmatic revelation to me was the realization that it would have been impossible - yes, impossible - for a British, or Canadian, Government official to explain to a First Nation band the content, spirit and intent of a Treaty, even if the intent was honourable. My experience scratching the surface of a First Nation language and participating in many community-based communication processes, taught me that no one - yes, no one - could spend 1 or 2 days with a few band members, and leave with a signed document whose content, spirit and intent had been meaningfully explained to, understood, and embraced by all band members. It was just not possible.
So, we live today with the Treaty implementation legacy. The Canadian Government interpretations and implementations of Treaties have shaped Canada and our lives, for better and for worse. The examples I cited above all belong to Canada.
Rather than intentionally, or unintentionally, perpetuate or dismiss the past, I am optimistic that some of you will take a few minutes to learn about the dark relationship between the British Crown, and subsequently Canadian Government, and indigenous people in Canada.
Together, we can create a future that reflects the sharing and “ethic of reciprocity principle” that I learned indigenous people understand the Treaty to represent.
It is really quite simple. How do you want to be treated? Let that answer be our conscience, so together, we can move to a different future.
Some information sources:
21 Things You May Not Know About The Indian Act, by Bob Joseph (2018), Indigenous Relations Press, 189p.
The Truth About Stories, A Native Narrative, by Thomas King (2003), CBC Massey Lectures, Dead Dog Productions and the Canadian Broadcasting Corporation, 172p.
Coming Home. The Story of Tikinagan Child and Family Services, by Maurice Brubacher (together with the people of Tikinagan) (2006), Barney Printing, 276p.
We Are All Treaty People, by the Nova Scotia Government (2019), YouTube Video, 13 minutes.
Andy Fyon, Nov 6, 2020 (Facebook, Nov 6, 2020).