Understanding the Significance of Treaties in Canada

Last week, I wrote about the significance of understanding the history of the land we reside on. As someone who majored in Law during my undergraduate studies and who chose Law as one of their teaching subjects during my B.Ed., I find it sad that I never learned much about what a treaty is as well as treaties which were signed across Canada. When I hear the word treaty, my mind naturally thinks of the word contract, however not many more thoughts arise from that word. I decided this week to research about specific treaties and create a deeper understanding on what specifically was in a treaty. I came across the case, St. Catherine’s Milling and Lumber Co. v the Queen [1888].

Case Summary: St. Catherine’s Milling and Lumber Co. v the Queen [1888]

St. Catherine’s Milling and Lumber Co. v the Queen [1888] was a court case that for years outlined the governing rules for Indigenous people and use of land governed by the Crown. St Catherine’s Milling ruled that Indigenous land belonged to the government despite treaties which indicated otherwise. In this case, the government claims that it had purchased the land from the Indigenous communities who had possessed it and therefore, could grant the lumber company to cut timber on the land, which is outlined in Treaty 3. When the case was brought to the courts,  it ruled that Indigenous people did not have the right to own land as they “did not have their own legal system” and therefore could not own land if there was no legal system set in place. This terminated the rights of Indigenous people to own this piece of land and only gave them the temporary rights to use the land and derive income from it, which was outlined in the Royal Proclamation of 1763. It was not until nearly 100 years later in 1973, where the courts acknowledged that land was once titled to Indigenous peoples.

This case is only one example of how Indigenous people were mistreated as well as how long it took for them to fight for their own rights to their land. It is one thing to generalize Indigenous people's history and struggles, however when I read and hear specific examples, it is only then that I can truly build a deeper understand of the tragedies they have faced as well as reflect on how I can decolonize my own thoughts in order to truly make a difference. This is a case that I would like to share with my own students as an example to educate them on the struggles Indigenous people faced in Canada and how long these unjust actions went on for.