Land Claims
The Royal Proclamation of 1763
established the framework for land negotiation in Canada; declaring that access to, or
ownership, of land traditionally occupied by Aboriginal peoples could only be obtained
by the Crown by way of a treaty. The Crown was effectively acknowledging that unlike in the
United States where land was often obtained from Aboriginal peoples with violence and force, it would
gain access to land based on a process of treaty-making. However, even this seemingly peaceful process
of land acquisition did not come without its own contentions and consequences — consequences that
continue to shape the lives of Treaty 6 members to this day.
According to the terms of Treaty 6, the signatory First Nations
relinquished their rights to their traditionally-occupied lands, and in exchange, were promised
certain provisions including
specially-designated parcels of land (called reserves) on which they would reside. In signing the treaty,
the First Nations were agreeing to abide by its strict conditions concerning their right to hunt, trap,
gather, and fish, as well as where they could establish their homes and communities. The
government, too,
was expected to honour the treaty terms and refrain from construction or development within reserve
boundaries.
Unfortunately, the government has not always abided by the terms laid out in the treaty. In some cases,
land initially offered for reserve use was not officially recognized as such, and development was initiated
despite objections from the First Nations. There have been numerous cases in which the government has
intruded onto reserves after locating resource deposits. They have also, in other cases, allowed rail lines
and roads to cut through reserve boundaries, disrupting the natural ecosystem. Campgrounds, golf courses,
and even military ranges have all been constructed on land that was promised exclusively to the First Nations
in a treaty. What is more, the government has made numerous attempts to make dissent and protest against these
types government activities difficult. In 1923, for example, the federal government made it a criminal offence
for Aboriginal peoples to hire lawyers to assist them in pursuing a land claim. Prior to 1991, First Nations
were also unable to challenge government decisions without bringing their case to court. These kinds of
government actions have not deterred First Nations representatives, who believe that according to treaty
terms they are entitled to receive what was promised to their
forefathers over a century ago.
Debate over land, boundaries, and sovereignty is ongoing and complex, as the settlement of a land claim
can have grievous consequences for both sides. A special organization, known as the Indian Claims
Commission (ICC), has been formed to deal with specific claims, or claims that deal with “the breach or
non-fulfillment of government obligations found in treaties, agreements, or statutes.” 1 The ICC was formed
in 1991 and provides neutral and independent land claims mediation, with the hopes of alleviating the
backlog of claims that have been submitted. The ICC is in the process of investigating a number of
inquiries, and has already helped settle numerous claims regarding Treaty 6 land. One recent example
concerned a segment of land which, under the terms of the treaty, was to be held in trust for the Cold
Lake First Nations. However, in 1953, the government converted part of the reserve lands to create the
Primrose Lake Air Weapons Range. The ICC visited the First Nations communities to gather evidence and
found that:
“The evidence was sincere, compelling and uncontradicted. The Commission was struck by the totality
of the destruction of these communities. A centuries-old traditional lifestyle characterized by communal
self-sufficiency was abruptly terminated "for the good of Canada." For 30 years, claims for fair
compensation and reasonable rehabilitation were repeatedly advanced by the First Nations, and repeatedly
rejected by successive governments.” 2
The ICC determined that the government had breached its treaty and fiduciary responsibilities by
expelling the Cold Lake First Nations from lands that were promised to them. A settlement of $25.5
million was reached in 2002, and 5,000 acres of additional land were granted to the Cold Lake First
Nations.
Land claims and settlements are an inevitable part of the Treaty 6 legacy. With each settled claim,
the First Nations and the Canadian government are closer to obtaining closure and ensuring a more peaceful
future for all.
Feature Link: “The Battle for Aboriginal Treaty Rights”
The Heritage Community Foundation is pleased to offer this link to the following CBC Archives video
timeline, titled The Battle for Aboriginal Treaty Rights. This archival CBC footage provides a look at
some difficult treaty legacies, including disputes over land and treaty rights.
1
2
Sources:
Indian Claims Commission, “History of the ICC and Specific Claims
in Canada.” About the ICC.
http://www.indianclaims.ca/about/history-en.asp
(accessed August 2006).
Indian Claims Commission, “Cold and Canoe Lake Inquiry [Primrose Lake
Air Weapons Range], August 1993.” Claimsmap, Alberta.
http://www.indianclaims.ca/claimsmap/primrose1-en.asp
(accessed August 2006).