The Spirit Of The Alberta Indian Treaties

Government and First Nations leaders have tended to operate within two different systems of knowledge and perception regarding treaty rights issues in Canada. The Spirit of the Alberta Indian Treaties has long been acknowledged as an authoritative source for both oral and documentary perspectives on Alberta treaties.

Presents the transcript from the gathering of Treaty Six Chiefs, Elders and Special Rapporteur Miguel Alfonso-Martinez as part of the UN Study on Treaties, Agreements and other constructive arrangements between States and Indigenous Peoples 1989.

There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.

How divergent understandings of treaties contributed to a heritage of distrust.

In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

"It is my hope, and the hope of the Office of the Treaty Commissioner, that this publication can help provide the historical context needed to intelligently and respectfully forge new relations between First Nations people and non-Aboriginal people in the province of Saskatchewan. It has already done so, in part, by facilitating the work of our office in bringing together the parties of the Federation of Saskatchewan Indian Nations and Canada to reach common understandings and to use the Treaties as a bridge from the past to the future ... so that we can learn from the past and work together towards a future built on co-operation and mutual respect." Judge David M. Arnot, Treaty Commissioner for Saskatchewan"We were told that these treaties were to last forever. The government and the government officials, the Commissioner, told us that, as long as the grass grows, and the sun rises from the east and sets in the west, and the river flows, these treaties will last." Treaty 6 Elder Alma Kytwayhat"We say it's our Father; the White man says "our Father" in his language, so from there we should understand that he becomes our brother and we have to live harmoniously with him. There should not be any conflict, we must uphold the word 'witaskewin,' which means to live in peace and harmony with one another." Elder Jacob Bill

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.