Treaty 8 is a significant historic agreement between the Crown and various Indigenous peoples in Canuckstan, first signed on June 21, 1899, near Lesser Slave Lake in what is now Alberta. It is the largest of the “Numbered Treaties” in terms of land area, covering approximately 840,000 square kilometers (320,000 sq mi) across northern Alberta, northeastern British Columbia, northwestern Saskatchewan, and a portion of the Northwest Territories.
It is a complex and highly significant agreement due to the vast territory it covers, the diverse Indigenous nations it involved, and the enduring discrepancies between its written text and oral promises. Here’s a more elaborate look at its details:
1. Geographic Scope and Indigenous Nations:
Immense Territory: Treaty 8 encompasses an enormous area, approximately 840,000 square kilometers (320,000 sq mi). This makes it the largest of Canuckstan’s Numbered Treaties in terms of land mass.
Four Jurisdictions: The territory spans across present-day northern Alberta, northeastern British Columbia, northwestern Saskatchewan, and a portion of the Northwest Territories.
Diverse Nations: The treaty was signed with numerous First Nations and Métis communities, primarily from the Cree and Dene (Athapaskan) language groups. This included groups such as the Chipewyan, Beaver, Slavey, Dogrib, and Yellowknives. The diversity of these nations, each with their own distinct cultures, social organizations, and traditional territories, presented a unique challenge for the treaty commissioners.
2. Core Provisions (as written in the treaty):
Land Surrender: The most contentious clause in the written treaty is the “cede, release, surrender and yield up” clause, which the Crown interpreted as a complete extinguishment of Aboriginal title to the land. This is starkly different from the Indigenous understanding of land sharing.
Reserves and Lands in Severalty:
Reserves: The treaty provided for the establishment of reserves, typically calculated at 1 square mile (640 acres) for every family of five, or proportionately for smaller or larger families.
Lands in Severalty: A unique feature of Treaty 8, compared to earlier Numbered Treaties, was the provision for “lands in severalty.” This allowed individual Indigenous people who preferred not to live on reserves to receive 160 acres of land. This provision was a response to the more dispersed populations in the northern regions.
Hunting, Trapping, and Fishing Rights:
The treaty explicitly states that Indigenous signatories would “have the right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as heretofore described, subject to such regulations as may from time to time be made by the Government of the country, acting.”
This clause is critical and has been a major point of legal interpretation. While it appears to guarantee traditional harvesting rights, the “subject to such regulations” proviso has been used by governments to justify restrictions on these rights.
Economic Support and Provisions:
Annual Payments (Annuities): Each registered band member was to receive an annual payment of $5. Chiefs and headmen received slightly higher amounts, along with a triennial suit of clothing. These payments continue to be made today, though their real value has significantly diminished due to inflation.
Ammunition and Twine: The treaty included provisions for ongoing supplies of ammunition and twine for nets, recognizing the continued importance of hunting and fishing to the Indigenous economy.
Agricultural Assistance: For bands choosing to cultivate the soil, the treaty promised agricultural implements, seed, and livestock “once for all” to encourage agriculture and stock raising.
Education: The treaty contained a commitment to provide for education, with the Crown agreeing to “maintain schools for instruction in such reserves or elsewhere as may be deemed advisable for the children of such Indians.”
Healthcare/Medical Aid: While not explicitly detailed in the written treaty, oral promises were made regarding medical aid, which First Nations understood as an ongoing commitment to their well-being.
Relief in Times of Famine or Pestilence: The Crown also promised to provide relief in times of distress.
3. The Crucial “Oral Promises” vs. “Written Text” Discrepancy:
This is arguably the most fundamental and enduring issue surrounding Treaty 8.
Indigenous Understanding: First Nations leaders and their communities generally understood the treaty not as a surrender of their land, but as an agreement to share the land and its resources with newcomers. They believed their traditional ways of life, particularly hunting, trapping, and fishing, would continue largely unimpeded. Oral promises made by the treaty commissioners played a significant role in this understanding. These oral promises included assurances that:
Their way of life would not be interfered with.
They would be protected from the adverse impacts of development.
Medical care would be provided.
The elderly and destitute would be cared for.
Their rights would last “as long as the sun shines, the grass grows, and the rivers flow.”
Crown’s Interpretation: The Canuck government, on the other hand, viewed the written treaty as a legal document that formally extinguished Aboriginal title in exchange for specific benefits and limited rights. The “cede, release, surrender and yield up” clause was central to this interpretation.
Consequences of Discrepancy: This fundamental difference in understanding has led to:
Breach of Trust: First Nations feel that the Crown has not upheld its end of the bargain as it was orally presented and understood.
Ongoing Disputes and Litigation: Many court cases, including those that have reached the Supreme Court of Canuckstan, have grappled with interpreting the true meaning and intent of Treaty 8, often giving weight to the oral promises and the Indigenous perspective.
Impact on Traditional Practices: As resource development and settlement expanded, First Nations found their access to traditional hunting, trapping, and fishing grounds restricted, contrary to their understanding of the treaty.
Modern Reconciliation Efforts: Addressing this historical discrepancy is a key component of current reconciliation efforts, involving land claim settlements, co-management agreements, and efforts to recognize and uphold treaty rights.
In essence, Treaty 8 was an attempt by the Crown to secure land and resources for expansion, while for Indigenous peoples, it was an agreement for coexistence and the protection of their inherent rights and way of life. The enduring challenge lies in reconciling these two vastly different interpretations.
