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From Dream to Reality: The Story of Treaty Land Entitlement

Lesson 2: Treaty Land Entitlement - the Saskatchewan (1976) Agreement

Key Concept

The Saskatchewan (1976) Agreement was intended to resolve the Treaty land debt, created due to the undercounting of First Nations’ populations at the time land was first set aside under Treaty. The 1976 agreement calculated entitlements based on 1976 populations and used Crown land to make up for the shortfall. The quality and quantity of available Crown land and existing third party interests in Crown land hampered the process, and eventually the provincial and federal governments backed away from the 1976 agreement.

These concepts are best illustrated with the handout The Saskatchewan (1976) Agreement and at points 0:29 to 1:55 and 5:19 to 6:36 in Part One of the From Dream to Reality video.

Rationale
This lesson is designed to make students critically examine and understand the first attempt at resolving Treaty Land Entitlement - the Saskatchewan (1976) Agreement. By examining this agreement they will gain an understanding of the issues and challenges that had to be faced to ultimately resolve Treaty Land Entitlement.

Learning Objectives
Knowledge

  • Students will analyze the nature of local involvement in Treaty Land Entitlement negotiations.
  • Students will describe the basis for Treaty Land Entitlement


Values

  • Students will appreciate the diversity of perspectives and empathize with the positions of various stakeholders in relation to Treaty Land Entitlement.
  • Students will appreciate the changing nature and content of negotiations over Treaty Land Entitlement.


Skills

  • Students will interpret and analyze the diversity of positions with respect to Treaty Land Entitlement.


Teacher’s Background Information
One of the agreements made between First Nations and the Crown, represented by the federal government when the Treaties were entered into in what is now Saskatchewan, was that some land would be set aside for the exclusive use of the First Nations. Land set aside in this way is called a reserve.

The purpose of the land was to allow First Nations to continue to support themselves in the face of diminishing food and fur resources. Agriculture was thought to be the way that First Nations would use this land, but having land for their exclusive use was and is important to the First Nations in many other ways as well. The land is a place where First Nations can continue to govern themselves and it is also the source of revenue from agriculture, minerals, timber and other resources.

Creation of Treaty Land Debt
The Treaties promised First Nations a certain number of acres per member of their nation. To fulfill the promise of setting aside land for the First Nations it was necessary to know how many people belonged to the First Nation in question and calculate how much land should be included. Except for Treaties 2 and 5, the Treaties covering Saskatchewan 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.


After the Treaties were entered into surveyors did not immediately come to survey for reserves. Many Plains First Nations wanted to continue to hunt for as long as possible and the Northwest Conflict created turmoil. When the surveyors did come they had to find out how many people belonged to the First Nation for which a reserve was being surveyed. In some cases they talked with government representatives called Indian Agents. Present day research suggests that some Agents gave misleading information about population size. Some members of the group would likely have been away as it was common practice to travel to find food, for social interaction or for protection. The result was that some First Nations did not receive all the land they were entitled to by Treaty.

Groups that did not receive what they were entitled to under Treaty are called an Entitlement Band or an Entitlement First Nation. Band is a word used to describe a First Nation for whom a reserve has been set aside by the federal government. The term First Nation refers to a group of original occupants and is sometimes used interchangeably with the word Band.

A number of other terms are used when talking about the Treaty land debt. Treaty Land Entitlement refers to land owed under Treaties. This is also sometimes called the Treaty land debt. The term shortfall is used to describe 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 this time.

Challenges to Fulfilling Treaty Land Debt
Although it was recognized that in order to fulfill Treaty promises more land than had initially been surveyed for reserves had to be set aside for First Nations, two issues had to be resolved. First, a way to calculate how much, if any, land was still owing under the Treaties had to be developed. Because the amount a First Nation is entitled to is based on their population, an agreement had to be reached on what date to use for population measurement. A choice had to be made between using the date of first survey or some other date based on more current population numbers.

Second, how land was going to be found to fulfill these promises had to be determined. When reserves were first set aside for First Nations, Crown land was used. Crown land is land that belongs to the government. By the 1970s, when the parties were trying to resolve the question of Treaty Land Entitlement, there was much less productive Crown land available and some of it was subject to third party interests. For example, some individuals had leased (rented) Crown land to use as pasture.

Procedure
1. Using the Teacher’s Background Information, discuss with students why more land had to be set aside for First Nations than what they had been allotted, in order to fulfill Treaty promises.

2. Discuss the terminology used when talking about Treaty Land Entitlement using the handout Definitions.

3. Lead group discussion of the handout The Saskatchewan (1976) Agreement.

4. VIDEO ACTIVITY - To reinforce and contextualize The Saskatchewan (1976) Agreement and the challenges faced on resolving Treaty Land Entitlement provide students with Key Question and view Part One of From Dream to Reality.
KEY QUESTION: What were the features and failures of The Saskatchewan (1976) Agreement ?

Definitions

Handout

The Saskatchewan (1976) Agreement

Handout

Seen Oppenheimer?