Report of an Inquiry into an Injustice


Book Description

A Report of an Inquiry into an Injustice chronicles Peter Kulchyski’s experiences with the Begade Shutagot’ine, a small community of a few hundred people living in and around Tulita (formerly Fort Norman), on the Mackenzie River in the heart of Canada’s Northwest Territories. Despite their formal objections and boycott of the agreement, the band and their lands were included in the Sahtu Treaty, a modern comprehensive land claims agreement negotiated between the Government of Canada and the Sahtu Tribal Council, representing Dene and Metis peoples of the region. While both Treaty 11 (1921) and the Sahtu Treaty (1994) purport to extinguish Begade Shutagot'ine Aboriginal title, oral history and documented attempts to exclude themselves from treaty strongly challenge the validity of that extinguishment. Structured as a series of briefs to an inquiry into the Begade Shutagot’ine’s claim, this manuscript documents the negotiation and implementation of the Sahtu Treaty and amasses evidence of historical and continued presence and land use to make eminently clear that the Begade Shutagot'ine are the continued owners of the land by law: they have not extinguished title to their traditional territories; they continue to exercise their customs, practices, and traditions on those territories; and they have a fundamental right to be consulted on, and refuse or be compensated for, development projects on those territories. Kulchyski bears eloquent witness to the Begade Shutagot'ine people's two-decade struggle for land rights, which have been blatantly ignored by federal and territorial authorities for too long.




Treaty Interpretation


Book Description

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.




The True Spirit and Original Intent of Treaty 7


Book Description

There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.




The Spirit of the Alberta Indian Treaties


Book Description

Government and First Nations leaders have tended to operate within two different systems of knowledge and perception regarding treaty rights issues in Canada. The Spirit of the Alberta Indian Treaties has long been acknowledged as an authoritative source for both oral and documentary perspectives on Alberta treaties.




As Long as the Sun Shines and Water Flows


Book Description

This collection of papers focuses on Canadian Native history since 1763 and presents an overview of official Canadian Indian policy and its effects on the Indian, Inuit, and Metis. Issues and themes covered include colonial Indian policy, constitutional developments, Indian treaties and policy, government decision-making and Native responses reflecting both persistence and change, and the broad issue of aboriginal and treaty rights.




Chippewa Treaty Rights


Book Description

Distributed for the Wisconsin Academy of Sciences, Arts and Letters.




Treaty Elders of Saskatchewan


Book Description

"It is my hope, and the hope of the Office of the Treaty Commissioner, that this publication can help provide the historical context needed to intelligently and respectfully forge new relations between First Nations people and non-Aboriginal people in the province of Saskatchewan. It has already done so, in part, by facilitating the work of our office in bringing together the parties of the Federation of Saskatchewan Indian Nations and Canada to reach common understandings and to use the Treaties as a bridge from the past to the future ... so that we can learn from the past and work together towards a future built on co-operation and mutual respect." Judge David M. Arnot, Treaty Commissioner for Saskatchewan"We were told that these treaties were to last forever. The government and the government officials, the Commissioner, told us that, as long as the grass grows, and the sun rises from the east and sets in the west, and the river flows, these treaties will last." Treaty 6 Elder Alma Kytwayhat"We say it's our Father; the White man says "our Father" in his language, so from there we should understand that he becomes our brother and we have to live harmoniously with him. There should not be any conflict, we must uphold the word 'witaskewin,' which means to live in peace and harmony with one another." Elder Jacob Bill




Compact, Contract, Covenant


Book Description

"Compact, Contract, Covenant" is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treating-making.