What is a Treaty What is a

What is a Treaty?

What is a Treaty? n n A treaty is a formal agreement between two or more nations which recognizes specific rights and obligations set out within the context of the treaty. Basically, treaties are meant to define the relationship between the signatories.

Who can sign a Treaty? n n According to international law, the only treaties which are recognized are those signed between nations or nationstates. The definitions for a nation-state involve having a territory, language, culture.

When did the Mi’kmaq begin using Treaties? n n The Mi'kmaq have a history of treaty making with other Aboriginal nations which pre-dates European arrival in North America. Mi’kmaq used wampum belts to symbolize treaties with other Nations such as the Maliseet and the Penobscot.

The Concordat Of 1610 n n This was an agreement between the Mi’kmaq and the Pope. European countries could only do business with other Catholic states. The Concordat recognized the Mi’kmaq as a Catholic Nation, allowing them to trade their furs with European countries. It also allowed them to incorporate Mi’kmaq culture and language with Catholic Traditions.

The Concordat Of 1610 n In return the Mi’kmaq promised to look after and protect French people, treating them like brothers and sisters. They also were to protect the Church, especially French priests and missionaries.

When did the Mi'kmaq sign treaties with the British Crown? n From the information that has been gathered to date, the Mi'kmaq first entered into a treaty with the British Crown with the Treaty of 1725, signed at Boston.

What was the nature of the treaty relationship between the Mi'kmaq and the British Crown? n n The treaty signed at Boston in 1725 and all subsequent treaties were "Treaties of Peace and Friendship". The treaties did not deal with surrender of lands and resources but in fact recognized Mi'kmaq title and established the rules for what was to be an ongoing relationship.

The Friendship Treaty Of 1752 n n n Signed in Halifax, Nov. 22, 1752, this was a treaty between Britain and the Mi’kmaq to end hostilities between the two. It was essentially a peace treaty that ended guerilla warfare waged by the Mi’kmaq against the English. Included in the treaty was recognition of the aboriginal rights of the Mi’kmaq regarding land use.

The Royal Proclamation Of 1763 n n Issued in 1763 by King George III, it stated that no one but the crown could acquire title to lands occupied by Indians. Basically, no one could buy or occupy Indian land except the crown. Under the Treaty of Utrecht the crown acquired the right to confirm or annul existing property rights. However, neither the Royal Proclamation, The Treaty of Utrecht or any other legislation could extinguish aboriginal title on specific lands in the Maritimes.

The Royal Proclamation Of 1763 n n Therefore the Royal Proclamation of 1763 is important to the Mi’kmaq for three reasons: A land base – confirmed aboriginal rights in the Maritimes. Nationhood – “ nations and tribes with whom we are connected” Seen as recognition of the Mi’kmaq as a nation. Trusteeship – as a trustee, the Crown was obliged to handle the affairs of the Indians in a diligent way.

The Indian Act n n The Constitution Act of 1867 gave the Federal government legislative authority over Canada’s Indians. What followed was a Federal statute called the Indian Act, passed in 1876 but amended several times since then. It contains most of the federal law concerning Indians. It determines who controls reserves, how they are governed and defines what it means to be a status Indian. Many today feel that the act should be repealed.

Resources n http: //mrc. uccb. ns. ca/treaties. html