2. Treaties Reconcile Two Systems

This is the second in a series of five articles on Treaty Land Entitlement (TLE) in Saskatchewan.

When the numbered Treaties were signed on the prairies, future Canadian citizens obtained most of the west for settlement. The Treaties were the reconciliation of two systems of government, not a process of conquest as is a common misconception.

The Indians of the West were not scattered Bands of individuals without any idea of central government. The Plains Indians of southern Saskatchewan had strong established leaders based on achievements, skills and abilities. Alliances between First Nations were solidified through a complex network of intermarriages among prominent families.

At the time of the signing of the Treaties, the government of Ottawa was itself a newly born confederation, trying to form policies which were consistent with British law and which served Canadian needs. Both Ottawa and First Nation saw the need for Treaties and each asked from the other what it needed for prosperity.

First Nations wanted parcels of land sufficient for farming and ranching, and the right to continue fishing, hunting, trapping and gathering on lands outside of their reserves. They made clear the nature of assistance they required to change their economy from one based on hunting and gathering to one based on agriculture. Many were already farmers and they knew of the value of education.

The Canadian government asked for the rest of the land and peaceful co-existence. First Nations agreed on the conditions that the Crown offer trust protections, that the remainder of Indian land would not be taken away, and that First Nations people would not starve. In addition, First Nations asked for such things as livestock, implements for farming, and the tool of the "white man's education."

As populations grew over the past 50 years, and many reserve economies have declined, Indian people have reminded the federal government of Treaty obligations. In order to maintain their proportions of allotted land, and to provide enough land for their people, they have asked that entitlements under Treaty be fulfilled. The text of Treaties 4 and 6 provided for one square mile per family of five; beyond that, the intent of the Treaties was to provide land for an agricultural economy, as well as for continuing settlement. Land remains important. It is still the political basis for Indian governments, and it is as crucial as ever for economic investments in agriculture, minerals, timber and other resources.

There is at least one other reason for land entitlement. Although both sides have realized over the years that the wording of the Treaties is imprecise and often inadequate, the political accord represented by the Treaty remains. The intent of Treaties - to maintain a co-operative co-existence with protections for both sides - remains. Failure to come to terms with outstanding entitlement is perceived as a breach of the accord, and a further weakening of the trust among nations.

This was the second of five articles based on a series developed by the Office of the Treaty Commissioner in 1991.