Des personnes participent à une marche à l'occasion de la Journée nationale de la vérité et de la réconciliation à Montréal. La Presse canadienne Graham Hughes via The Conversation Canada

This is a translation of the original article available in French on The Conversation, Canada

Treaty 4, in fact, was signed in 1874 between the Plains First Nations (Cree, Assiniboine, Saulteaux) and the British Crown. However, far from belonging to the past, this agreement remains at the heart of the current demands of First Nations, who seek to redefine their place within Canada.

As the Director of the Centre for Canadian Studies at Stockholm University, I have been working on Indigenous studies for several years. I recently won the award for best article in the British Journal of Canadian Studies for my research on the Innu writer Natasha Kanapé Fontaine.

The Role of Numbered Treaties in Canada

Treaties are agreements made between the British Crown and First Nations. Three categories of treaties are recognized.

First, there are the old agreements between the nations and the current governments in Canada. Among these are agreements with the British Crown, but also with France (valid until 1760). These agreements took place until the creation of the Canadian Confederation in 1867.

Then, there is the series of numbered treaties, which includes 11 treaties ratified between 1871 and 1921.

Finally, there are modern treaties signed after the 1973 ruling by the Supreme Court of Canada, which recognized for the first time the concept of “ancestral rights.”

Numbered treaties involve territorial divisions with a system of economic compensation established by the federal government. In total, Canada recognizes the existence of 70 historical treaties passed between 1701 and 1923.

The Right to Reserve Lands

Old agreements were often marked by alliances between First Nations and the British or French Crown, and the desire to establish lasting peace with First Nations.

A sensitive point about numbered treaties concerns the right to reserve lands. For First Nations, these treaties symbolized, in a certain way, another step in the colonization process: on the one hand, because they defined territorial boundaries, and on the other, because they were often violated. These treaties, for example, led to the Canadian government’s appropriation of their ancestral lands, which were reserved for traditional fishing and hunting activities.

The Quebecois documentary filmmakers Richard Desjardins and Richard Monderie, in their 2007 film Le Peuple invisible, had already highlighted this system of dispossession by recalling the conditions surrounding the signing of Treaty 9 between the Algonquins and the Ontario provincial government.

This treaty was important compared to the first three numbered treaties because it involved real negotiations between First Nations and the British Crown’s commissioners. It was the first time that the issue of land came up, according to the admissions of Commissioner Alexander Morris, who was used to negotiations with First Nations.

The First Nations involved in Treaty 4 also questioned the privileges of the Hudson’s Bay Company. The Saulteaux Chief, nicknamed “The Gambler” because of his opposition to the Hudson’s Bay Company, demanded that the commissioners camp with the First Nations before a compromise could be reached. This shows how seriously First Nations viewed these treaties as true peace agreements.

Legacy of Treaties and Impacts on First Nations

The First Nations involved have often expressed dissatisfaction with the interpretations that the federal government has made of the terms of Treaty 4 and the non-enforcement of certain provisions. Cree Chief Piapot, who had a particular influence within Cree communities, denounced this government double-speak as early as the late 19th century.

According to him, Treaty 4 should have led to the establishment of a Cree territory rather than the fragmentation of reserves. Piapot always worked to defend the traditional way of life of his nation, particularly hunting. Subsequently, the First Nations involved in the signing of this treaty regularly denounced the lack of payment of the promised compensation.

It was only in 2023 that the Canadian government announced compensation of $37 million to 14 First Nations affected by Treaty 4 for breaches observed between 1885 and 1951.

The Evolution of Treaties in the Recognition of Indigenous Rights

Commemorative events are not only an opportunity for First Nations to assert their cultural rights; they also become spaces for political visibility where historical grievances are aired.

These events also serve to remind Canada that territories cannot simply be the product of negotiations benefiting the interests of the two colonial nations. Many Indigenous artists have taken a stand against the way treaties contributed to the erasure of Indigenous cultures.

In this regard, one can cite the works of Matthew James Weigel, who played with the aesthetics of these numbered treaty archives to denounce territorial theft. He particularly pointed to the colonization of Indigenous lands in Rupert’s Land by the Hudson’s Bay Company.

By reworking the aesthetic structure of these texts, Weigel seeks to highlight the invisibility of Indigenous nations, confined to reserves with no prospects for the future. Some of his poems have sections deliberately removed. This erasure of text is meant to denounce the non-recognition of Indigenous cultures. Direct references to the numbered treaties are also included in his texts. The writer Naomi Fontaine also showed in her novel Kuessipan how these spaces were constantly ignored.

While the Canadian government is often criticized for its apologetic stance, limited to symbolic gestures, compensation measures seem inevitable to establish a true culture of restitution.

Ensuring True Reconciliation

The 150th anniversary of Treaty 4 offers an opportunity to reassess the relationship between Canada and First Nations. Far from being merely a historical memory, this treaty remains a symbol of the ongoing struggles for the recognition of ancestral rights and justice.

Current claims show that the original promises of the treaty have been unevenly honored, particularly in terms of land management and financial compensation.

With the 1973 Supreme Court ruling, these treaties take on new significance, as the recognition of ancestral rights paves the way for their reinterpretation. The recent 2023 compensation decisions in favor of First Nations show progress, but more effort is needed to ensure true reconciliation.

Indigenous artists and writers play a crucial role in reclaiming these narratives and raising awareness of these issues. As we celebrate this anniversary, it is essential to recognize the persistent challenges and work towards a more equitable and respectful relationship between the Canadian government and Indigenous nations.

Första nationerna: 150 år efter dess undertecknande, vilken arv lämnar fördrag 4 efter sig?

 

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Christophe Premat, maître de conférences en études culturelles. Photo : Rickard Kilström

Christophe Premat est maître de conférences en français, spécialisé dans les discours politiques liés au monde francophone au Département d'Études Romanes et Classiques (Romklass), et il est également directeur du Centre d'Études Canadiennes à l'Université de Stockholm.
L'article "Premières Nations : 150 ans après sa signature, quel héritage pour le traité 4 ?" a été initialement publié par The Conversation le 2 octobre 2024.
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