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Lesson One
Law and Treaty
1. a) What is the rule of law?
According to the rule of law everyone, including the government, must obey the law.
b) Why do you think this concept key for law-abiding, democratic societies?
Answers may vary, but should be based in the idea that the rule of law ensures that individuals, organizations, or governments cannot act in an arbitrary manner to bring resolution to a situation.
2. a) What does the common law say about the First Nations’ right to the land they have always lived on?
Common law recognizes the rights of the First Nations, including the right of the First Nations to occupy their traditional lands.
b) What agreement did the Crown and the First Nations enter into in order to allow First Nations’ land to be opened up for settlement?
The two parties entered into Treaties.
3. What important right was recognized by the Royal Proclamation of 1763?
The right of First Nations to continue to occupy their lands and the need for the government, as opposed to private individuals, to deal with these rights before opening land up for settlement.
4. This reading notes that “Without these Treaties the right of Britain and later Canada to settle the land could be called into question.” What do you think is the significance of this statement?
Answers will vary, but may reflect the legal and historical role that Treaties play in shaping Canada.
Lesson Two
Definitions
1. Band – A group of First Nations people for whom a reserve was set aside by the federal government.
2. First Nation – Used instead of band or sometimes interchangeably with band to refer to a group of original occupants.
3. Reserve – Land that has been set aside for the exclusive use and occupation of a band/First Nation by the federal government because of Treaty obligations or for other reasons.
4. Crown Land – Land that belongs to the federal or provincial government.
5. Saskatchewan (1976) Agreement – A negotiated agreement to fulfill Treaty land debt using a First Nation’s population as of 1976 and using available provincial Crown land to fulfill the debt.
6. Date of First Survey – The date when the government first sent a surveyor to determine the population of a First Nation and establish the boundaries of the reserve based on the number of acres per person provided for in the Treaty.
7. Lease – An agreement to rent property for a period of time.
8. Shortfall - The difference between the amount of land a First Nation received when their reserve was first surveyed and what they should have received based on their population at that time.
9. Entitlement Band or First Nation – A First Nation that did not receive the amount of land they were promised under Treaty.
The Saskatchewan 1976 Agreement
1. How was the amount of land to be set aside under the Treaties calculated?
Treaties 4, 6, 8, and 10 provided for one square mile per family of five or 128 acres per person. Treaties 2 and 5 provided for 160 acres per family of five in most cases.
2. What arguments were there for and against using 1976 as a cut-off date for determining population size?
Answers will vary, but should focus on the government’s desire to limit land allocated for Treaty Land Entitlement and First Nations’ desire to have Treaty promises fulfilled.
3. What problems existed with using Crown land to fulfill the requirements for Treaty Land Entitlement?
There was not enough productive, available Crown land and some of it was already being used by third parties.
4. What effect did the Government not honouring The Saskatchewan (1976) Agreement have on settling Treaty Land Entitlement issues?
In 1987 the federal government, along with the provincial government, decided to use the date of the first survey to determine Treaty Land Entitlement. A group of First Nations started a lawsuit to force governments to honour the Agreement and some believe this lawsuit was the catalyst that brought the parties together to resolve the issues out of court.
Lesson Four
The Saskatchewan Treaty Land Entitlement Framework: The Equity Formula
1. What were the problems with The Saskatchewan (1976) Agreement regarding the calculation of populations to determine the amount of land owed under a Treaty? What were the issues with using the date of first survey to determine the population of a First Nation for Treaty Land Entitlement purposes?
If using the 1976 Agreement, some Bands who might have had a small “shortfall” at the actual survey would receive large amounts of land if they happened to have large current populations. Other Bands might have had large shortfalls from first survey, with perhaps half of the original Band not receiving lands, but if they had small current populations they would receive much less land.
2. What formula did the Office of the Treaty Commissioner propose to determine the population of a First Nation on which Treaty Land Entitlement would be based?
1) Determine population
• Determine what percentage of the First Nation’s population was not counted when the first survey took place.
• Multiply this percentage by the current population of that First Nation.
Answer Keys 47
2) Determine acres owed
• Multiply the Answer for (1) by the number of acres each member was entitled to by Treaty.
3) Convert acres owed to dollar value
• Multiply the acres owed by the predetermined land value.
3. A First Nation has 200 members at the date of first survey but only 150 were counted. Currently, their population is 900. What population would be used to determine their outstanding Treaty Land Entitlement using the Equity Formula?
First, determine the percentage of the population not counted at first survey: 200 individuals - 150 counted individuals = 50 missed individuals.
50 missed individuals divided by the original population of 200 = 25%
Second, apply the percentage of the population not counted to the current population. This will determine the number of people that will be used in the equation to determine acreage owing. 25% x 900 = 225 or, expressed as one equation: [(200-150)/200] x 900 = 225
The Saskatchewan Treaty Land Entitlement Framework: Willing Buyer, Willing Seller
1. Were there problems with The Saskatchewan (1976) Agreement regarding the land available to fulfill the Treaty land debt?
Yes. There was not enough productive Crown land available and there were third party interests, such as leases, in what productive Crown land there was.
2. How does the Treaty Commissioner’s proposal of “Willing Buyer, Willing Seller” address the problem of a lack of Crown land available to settle Treaty Land Entitlement?
It provides a means for First Nations to purchase land as they see fit from willing sellers to fulfill Treaty Land Entitlement.
3. What kinds of land can be purchased under The Saskatchewan Treaty Land Entitlement Framework Agreement?
Private land, Provincial Crown land, Federal Crown land.
The Saskatchewan Treaty Land Entitlement Framework: The Costs
1. How does The Saskatchewan Treaty Land Entitlement Framework Agreement account for lost tax revenues for municipalities when their land is sold under the Agreement?
Two separate tax loss compensation funds, totalling a maximum of $50 million, offset the loss of tax revenues experienced by Rural Municipalities and Rural School Divisions when taxable land is purchased by Entitlement Bands. These funds are paid directly to the municipalities.
2. Given the value of the land opened up for settlement through Treaties, do you believe the costs are justified?
Answers will vary, but may reflect the social and economic benefits realized through Treaties compared to the financial costs.
