Friday, November 2, 2018

Understanding the Spirit and Intent of Treaties


Understanding the spirit and intent of treaties:
When treaties were traditionally signed between sovereign Indigenous Nations there was a spirit of relationship between the two groups. When treaties were signed between the European settlers and the Indigenous people the two groups both had expectations that differed. The Indigenous People viewed the treaties as more of a covenant than a contract.

Contract/Covenant: What’s the difference?
As a covenant, a treaty was seen as being based on good faith and good will, while a contract is meant to be negotiated and in search of the best deal. Contracts are based on written text and oral agreements while a covenant honours the spirit of the agreement. The Indigenous people viewed the treaties as a sacred commitment for both parties involved and recognized the spirit and intent as most important. This commitment was traditionally finalized by a sacred ceremony.

When reading about treaties, it is important to find accurate information on the intent of the original treaty as understood by the Indigenous community signing it. One of the sample questions from the SS/HG curriculum document is, “Why is it important to find accurate information on the intent of the original treaty as understood by the Indigenous community signing it? Why might there be differing interpretations of a treaty?”. It is important that teachers and students understand that there was a differing of views, and to keep in mind who’s voice is being represented in your research.

Treaty with Chippewas of Walpole Island 1857

"Fawn Island" Which was called, Keshebahahnelegoo Manesha 





Expectations vs. Reality
The expectations that the Indigenous People had regarding the treaties and what they actually received from the treaties differed very greatly. While they expected education, what they got was residential school. They expected health care in times of sickness, but they were given an Indian Agent who controlled the medicines and medical attention that was received. They expected to have their way of life protected but were given farming implements and hunting and fishing rights on reserve (All of which were again, heavily controlled by the Indian Agent). They had expectations of land sharing and in reality, were give small tracts of reserve land that were held in trust by the Crown.

This is a snapshot from a Treaties and Reserves map found here: https://files.ontario.ca/treaties_map_english.pdf

It shows the treaties and the First Nations in our area. The First Nations are in the maroon areas.

 

When reading this map, consider the differences between land sharing and land ownership. Compare the words stewardship and dominion. How do these words and phrases differ? Have your students discuss these differences in relation to what the expectations of the Indigenous people when signing treaties and what actually received. What could or should have been done differently in the past? How are we all, as Canadians affected by these treaties?


Treaties: Not just a piece of paper
In this video Janet MacBeth, Project Review Coordinator from the Bkejwanong Heritage Centre explains the importance of taking the spirit of the treaties into account. She reminds us that a treaty is more than a piece of paper, it is a recording of a living agreement that has many important aspects that go beyond signing the paper. 




Where to next?
Discuss agreements that you make in your classroom and the responsibilities that arise because of these agreements. Ask your students to think about what if these agreements are interpreted differently by varying people in the classroom? How can we relate this to the treaties that were signed by settlers and the Indigenous People? Write agreements with each other and ensure the spirit and intent of your treaties are recognized and respected.

Baamaapii Ngowaabmin!

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