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Key Concept
The Saskatchewan Treaty Land Entitlement Framework Agreement was put forth to resolve the Treaty Land Entitlement issue. An equity formula was developed to rectify problems with first surveys of First Nations’ populations, and land was to change hands on a “Willing Buyer, Willing Seller” basis.
This concept is best illustrated with the handouts The Saskatchewan Treaty Land Entitlement Framework: The Equity Formula and The Saskatchewan Treaty Land Entitlement Framework: Willing Buyer, Willing Seller and at points 9:58 to 11:22 and 14:01 to 14:52 in Part Two of the From Dream to Reality video.
Rationale
This lesson is designed to make students critically examine and understand The Treaty Land Entitlement Framework Agreement and its terms.
Learning Objectives
Knowledge
Values
Skills
Teacher’s Background Information: Treaty Land Entitlement vs. Specific Land Claims
Treaty Land Entitlement pertains to situations where a First Nation did not receive the amount of land they were promised when they signed their Treaty. By contrast, specific claims arise out of a situation where a First Nation has had reserve land wrongfully or unfairly taken away by the federal government.
Another important difference is that specific claims are a matter exclusively between the federal government and First Nations. Saskatchewan’s only involvement in specific claims is to provide assistance, where feasible, to facilitate the transfer of land to reserve status. This includes identifying occupant interests on Crown lands. In Treaty Land Entitlement, on the other hand, Saskatchewan has a legal obligation as a result of the Natural Resources Transfer Agreement (1930) to provide Crown land to the federal government so that it may fulfill Treaties promises.
Summary of The Saskatchewan Treaty Land Entitlement Framework Agreement
The Saskatchewan Treaty Land Entitlement Framework Agreement was signed in September 1992 between Canada, Saskatchewan and what are called the Entitlement Bands (those who did not receive all the land they were entitled to by Treaty.) It represents the culmination of a long negotiation process and embodies the recommendations made by the Office of the Treaty Commissioner. Although a lengthy document, the Agreement, as the title suggests, is a framework agreement. This means that it outlines how Treaty Land Entitlement will be settled but it requires band specific agreements be made to give effect to the framework. It was signed by Saskatchewan, Canada, and 25 First Nations in September 1992. Eight separate but similar agreements have since been signed with individual First Nations.
The Basis for the Treaty Land Entitlement
The first part of the Framework Agreement outlines the legal and historical facts that led to Treaty Land Entitlement. It starts by acknowledging that Canada entered into Treaties with Bands of Indians now residing in Saskatchewan and that under these Treaties bands were entitled to have a certain number of acres set aside as reserves for their exclusive use. It goes on to acknowledge that the Entitlement Bands had not received reserves of sufficient area to fulfill the requirements of the Treaties.
The Agreement notes that existing Treaty rights are recognized and affirmed in the Constitution and that the Natural Resources Transfer Agreement, now part of the Constitution, obligates Saskatchewan to transfer unoccupied Crown land to Canada if land is needed to fulfill the promises for land in the treaties.
Having given the historical and legal context for Treaty Land Entitlement, the Agreement states that the parties have determined that there is not enough unoccupied Crown land of sufficient quality to fulfill the obligations of Canada and Saskatchewan under the Treaties.
It goes on to state the positions of the parties. It is noted that the position of Canada and Saskatchewan is that Entitlement Bands’ populations as of the date of first survey should be used to determine Treaty Land Entitlement and that the position of the Entitlement Bands is that their current population should be used to determine Treaty Land Entitlement. In what could be considered the pivotal clause of the Agreement the parties then acknowledge that despite their different positions they have agreed to the formula outlined in the Framework Agreement to satisfy Canada’s and Saskatchewan’s obligations.
Equity Formula
The formula for determining the number of acres owing is next laid out in the Agreement. The formula is based on what percentage of the Entitlement Band’s population was not counted when the first survey took place. This percentage is then applied to the current population. For example, if 40% of the Entitlement Band was not included in calculating the size of the original reserve the outstanding land entitlement would be calculated by taking 40% of the current population and multiplying it by the number of acres each member was entitled to by Treaty.
Then the Agreement states that Canada and Saskatchewan agree to pay to a Treaty Land Entitlement Fund $262.19 per acre owed. This cost is shared between the two governments as set out in the Agreement. Money paid to Bands is put in trust. The funds must first be used to acquire shortfall acres. Shortfall is the difference between what the Band should have received based on the adjusted population as of the date of first survey and what they did receive.
Willing Buyer – Willing Seller
The rest of the Agreement deals with matters such as what land will be available to Bands to purchase, third party rights, mineral rights and rights to bodies of water. Bands can use the funds to purchase provincial or federal Crown land and lands held by private individuals. All sales are on the basis of “Willing Buyer, Willing Seller.”
Canada and Saskatchewan agree to give “favourable consideration to” and not “unreasonably withhold acceptance of ” offers by Entitlement Bands to buy Crown lands but are not required to sell any particular piece of Crown land. Certain Crown land, such as provincial parks, is only available in exceptional circumstances. Consent of occupants of Crown land is required. In the case of community pastures 75% of the people using it must agree and the Band must evidence willingness to act reasonably and in good faith to fairly compensate those using the pasture. For urban reserves Bands need agreements with the municipality and school division regarding tax compensation and provision of services.
Procedure
1. Using the handout The Saskatchewan Treaty Land Entitlement Framework Agreement: The Equity Formula lead a group discussion of how the Treaty Commissioner proposed that populations be
calculated in order to determine the amount of land owed under Treaty and have students answer the questions.
2. Lead a group reading of the handout The Saskatchewan Treaty Land Entitlement Framework Agreement: Willing Buyer, Willing Seller.
3. Using the handout The Saskatchewan Treaty Land Entitlement Framework: The Costs lead a group discussion of the costs associated with Treaty Land Entitlement.
4. VIDEO ACTIVITY – To better illustrate and understand The Saskatchewan Treaty Land Entitlement Framework Agreement, have students view Part Three of From Dream to Reality. While viewing, have students note challenges that had to be overcome before an agreement on Treaty Land Entitlement could be reached.
KEY QUESTION: How does The Saskatchewan Treaty Land Entitlement Framework Agreement meet the challenges that had to be overcome before an agreement could be reached?
Handout
Handout
Handout
