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"Harmony and Betrayal: Indigenous Treaties and Rights in Canadian Legal History"

Dakshi Nayyar

Justice Institute of British Columbia

SOCI-1100: Reconciling Colonial Practices in Public Safety

Instructor- John Delorme

October 5,2023
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The rights guaranteed to Aboriginal peoples through treaties and laws have a close connection

with Canada's legal history. These agreements attempted at encouraging harmony and tolerance

between settlers and Native populations. One may acquire an in-depth understanding of the

battles and achievements in Canadian legal history by examining significant works such the

Royal Proclamation of 1763, the Treaty of Niagara of 1764, post-Confederation treaties (1871–

1921), and conspiracy theories in jurisprudence.

The Royal Proclamation was an important turning point in Canadian history, establishing

the foundation for the rights of Indigenous peoples. It provided a framework to govern

subsequent negotiations by recognizing Indigenous communities as independent political

organizations. This declaration stressed the importance of Indigenous lands and had a significant

impact on later discussions.

The Treaty of Niagara reinforced the ideals outlined in the Royal Proclamation. It

stressed mutual cooperation and harmonious cohabitation. Indigenous tribes were assured of

their entitlements and territories, forging an alliance of confidence. The necessity of diplomatic

and communication between indigenous populations and European settlers was demonstrated by

this pact.

Between 1871 and 1921, we witnessed an abundance of treaties, most among which were

executed under challenging circumstances. These treaties, particularly the numbered treaties,

intended at encouraging the extraction of resources while providing preserved lands, higher

education, and other incentives to people of Indigenous descent. However, numerous agreements

were not fully implemented, resulting in long-running disagreements and legal fights.
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Despite the constitutional foundation established through treaties and proclamations,

there was a conspiracy in law that minimized Indigenous rights in the nineteenth and early

twentieth centuries. Indigenous peoples' autonomy and traditional practices were weakened by

laws such as the Indian Act (1876). These legislative actions intensified systemic inequities and

had a severe impact on Indigenous communities.

Indigenous treaties and rights have influenced Canada's legal history, exposing an

intricate narrative of collaboration, betrayal, and perseverance. The Royal Proclamation of 1763

and the Treaty of Niagara established the foundation for harmonious relations by emphasizing

the significance of mutual comprehension. The post-Confederation treaties and later legislative

machinations, on the other hand, revealed the difficulties that Indigenous communities face in

protecting their rights and history.

Recognizing and correcting past inequalities is crucial in modern Canada for fostering

reconciliation and developing a just society. Recognizing the past, honoring treaty obligations,

and safeguarding Indigenous rights are every necessary step achieving a more comprehensive

legal system. We could be working towards a future where the dignity of Indigenous peoples and

accomplishments are recognized, cherished, and safeguarded and promoting a more equal and

peaceful environment for all by recognizing the complexities of Canadian legal history.
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Reference

Monchalin, L. (1970) The colonial problem : An indigenous perspective on crime and

injustice in Canada : Monchalin, Lisa, 1981- author : Free Download, borrow, and

streaming, Internet Archive. Available at:

https://archive.org/details/colonialproblemi0000monc (Accessed: 04 October 2023).

Henderson, W. B. (2006, February 7). RIGHTS OF INDIGENOUS PEOPLE IN

CANADA. THE CANADIAN ENCYCLOPEDIA. Retrieved October 4, 2023, from

https://www.thecanadianencyclopedia.ca/en/article/aboriginal-rights