By Allan Greer
The crucial passage in the written texts of each of the “numbered treaties” passed in the Prairie West states that the Indigenous signatories “cede, release, surrender, and yield up to the Government of Canada for Her Majesty the Queen” a designated region. (Carter, 121).
If the language sounds a little like a real estate transaction, earlier treaties concluded in southern Ontario are even more frankly commercial. The 1806 “Head of the Lake” treaty was signed by ten “principal chiefs,” each of whom received five shillings, acknowledging that they, “have bargained, and sold, and by these presents do, and each of them doth bargain and sell unto His said Majesty” a tract of 85,000 acres. Now, apart from the fact that misrepresentation was common and government rarely lived up to its treaty obligations, there is something fundamentally wrong with this picture. As numerous Indigenous commentators have pointed out, Indigenous peoples did not see land as a saleable commodity; their languages did not even have words to convey the sense of “ceding” or “selling” territory: thus the treaty text cannot have faithfully reproduced the oral agreements that were negotiated. Citing their oral traditions, Plains Cree and other First Nations insist that the land was never surrendered. (Venne, 192-93) This doesn’t look like a minor misunderstanding, but rather a fundamental disconnect: government negotiators were acquiring territory that their Indigenous counterparts were not giving up. Continue reading