“Treaty Indians”
A “Treaty Indian” is defined as a person who is registered under the
Indian Act and belongs to a First
Nation or band that has signed a treaty with the government. As a “Treaty Indian”, a person has certain
rights and restrictions which are set out in the terms of the particular treaty to which he or she belongs.
The provisions laid out in Treaty 6 were similar to those of the first five treaties. These included
reserve land; hunting and fishing rights, education,
yearly supplies of ammunition, twine, and farming equipment, annuity payments, and special supplies
for each chief. However, Treaty 6 also contained an important new provision, commonly referred to
as the medicine chest clause.
This clause stated that “a medicine chest shall be kept at the house of
each Indian Agent for the use and benefit of the Indians at the direction of such agent.” Today, this
clause has been interpreted by some to mean that the government’s duty is to offer the highest standard
of health care to all Treaty 6 members, though this clause continues to incite much debate.
By gaining the title of “Treaty Indian”, the men and women of the Treaty 6 area became entitled to the
rights outlined within the terms of the treaty. At the same time, they were now faced with certain
restrictions. Treaty Indians were confined to their newly-established reserves. Strict rules regarding
treaty status and its loss were outlined in the Indian Act, which was created in 1876. Until
Bill C-31 was passed in 1985, women had to renounce
their treaty status if they married non-status men, as did those who enfranchised.
From the government’s perspective,
these laws served to prevent people who were no longer considered part of a Treaty 6 First Nation
or band from receiving treaty benefits. However, they also angered many First Nations
peoples who felt they were left with no choice but to identify with a government-imposed label in order
to receive benefits that were rightfully theirs.
In 1969, the Canadian government, under the leadership of Prime Minister Pierre Trudeau, released the
Statement of the Government of Canada on Indian Policy, 1969. This document, commonly referred to as the
White Paper, outlined the government’s plans to do away with treaty rights as designated in the treaties.
The White Paper was framed as an attempt to grant equal rights to all citizens of Canada. For this to be
achieved, the Department of Indian Affairs would slowly be dismantled, Indian status and the rights that
came with it would be eliminated, and responsibility over Aboriginal affairs would be passed to provincial
governments. The White Paper was met with outrage from Aboriginal communities across the country, who
viewed the proposal as an attempt by the government to evade treaty obligations. In 1970, the Indian
Association of Alberta, under the leadership of Harold Cardinal, presented an official rebuttal to the
White Paper, titled Citizens Plus. The Red Paper, as it soon came to be known, argued for the importance
of honouring treaty rights and maintained that the government was legally responsible to abide by them.
In 1971, Trudeau officially withdrew the White Paper.
Today, the definition of a “Status Indian” is still strict enough to pose a threat to certain peoples
who, despite having Aboriginal blood, may not qualify under the given rules. For example, children whose
fathers are Aboriginal are considered non-Aboriginal by default if their paternity cannot be verified.
In 1981, following the passing of Bill C-31, Aboriginal peoples who had lost their status through marriage
or enfranchisement were presented with an offer for reinstatement of status. The response to the offer was
overwhelmingly positive, demonstrating that Aboriginal Peoples are not willing to so easily part with
their roots. The system for determining and granting status continues to be complicated by legal and
monetary issues, but constant dialogue between the government and the First Nations People of Treaty 6 and
beyond is leading the way for future understanding and cooperation.
Sources:
Kainai Board of Education et al.
Aboriginal Studies 20: Peoples and Cultural Change. Edmonton:
Duval House Publishing, 2005.
Price, Richard T. Legacy: Indian Treaty Relationships. Edmonton: Plains Publishing, 1991.