FIRST NATIONS STUDIES 498

UNIVERSITY OF NORTHERN BC

TREATIES IN CANADA: A SURVEY COURSE USING CASE STUDIES

WINTER 2003

 

INFORMATION, READINGS, AND EVALUATION PROCEDURES

 

Instructor: Wendy Aasen

Office: Administration Building 3rd floor, 5- 433

Office Hours: Monday and Wednesday 3:30 - 5:30 (or any time by appointment)

Contact Information: 960-5002 (Office) 564-1054 (Home)  aasenw@unbc.ca (E-mail)

Class Time: Tuesday 2:30 pm - 5:20 pm

Class: Library 5-184

 

POTENTIAL CALENDAR DESCRIPTION 

 

This course examines treaties in Canada using specific case studies such as the pre-confederation treaties, the numbered treaties, and treaties and treaty-making in British Columbia. Topical areas of interest may include treaty provisions, the interpretation of treaties, treaties and the courts, treaty implementation, and a consideration of treaties as international agreements. Treaties and treaty- making in different parts of the world may also be examined.

 

COURSE INFORMATION

 

This course surveys Treaty 8 as it was signed in BC, Alberta, Saskatchewan and the NWT. It focusses on treaty interpretation contrasting the oral version of the treaty, as a peace and friendship agreement, with the written version which highlights land surrender. We will also analyse attempts to have the Treaty implemented in a contemporary context through negotiations and through the courts. Comparisons between pre and post confederation treaties and the “modern treaties” being negotiated today under the comprehensive claims process will be made.

 

OBJECTIVES OF THE COURSE

 

The objectives of this course are to:

 

1. Familiarize students with the similarities and differences between pre and post confederation treaties, including a detailed discussion of the numbered prairie treaties;

 

2. Enable student to understand Treaty 8, and treaties generally, from multiple perspectives including the perspectives of Elders, contemporary First Nations leaders, academics, government policy-makers and the proponents of industrial development.

 

3. Assist students in developing critical thinking about government policy and colonialism as it is made explicit in the treaty-making process and in the implementation of treaties;

 


 

4. Provide background information relevant to understanding comprehensive land claim agreements; and,

 

5. Broaden research and presentation skills.

 

COURSE REQUIREMENTS AND EVALUATION PROCEDURES

 

Evaluation will be based on four components:

 

1. A mid-term exam composed of short answer and essay topics. The mid-term will be worth 20% of the final grade.

 

2. A term paper which may be based on the study of the Treaty 8 or any other treaty relevant to Canada. The paper might also investigate treaties negotiated with indigenous peoples elsewhere in the world. The paper may be topical and/or comparative. Grading will be based partially on how well you apply concepts learned in this course to your own topics, for example, relating your work to oral history and the treaty under investigation, the evolution of court defined treaty rights,  and so forth. Paper topics are negotiable and must be cleared with your instructor. The term paper will be worth 30% of the final grade.  

 

3. Class participation. While this class is primarily a lecture course, students will be expected to participate in a seminar format with class discussions and exercises. Students are expected to have read the assigned readings in advance of the class. Each student should make contributions to the class. Non-attendance equates to non-participation. Class room participation will be assigned a value of 15%. (10% for general participation including demonstrated knowledge of the readings and 5% for paper presentations).

 

4. A final exam, two hours, in length will be held at the time assigned for this course during the Final Exam Period. It will cover all topics discussed in the course, lectures, guest lectures, and films. The  final examination will be worth 35% of the final grade.

 

Instructor Assistance:

 

This course involves detailed comparisons of materials and being able to understand and argue issues from multiple perspectives. For this reason I encourage a team approach where students assist one another.  Students are also encouraged to see the instructor and/or meet with each other prior to class discussions and paper presentations. I can always be reached at home if you have done the readings and have formulated intelligent questions. The readings are fairly “heavy” for this course. This is for general background information and to assist you in coming up with paper topics. As the course progresses, I will assist by clarifying expectations for examinations.   

 

 

 


 

Late Policy:

 

At the senior undergraduate level sufficient student commitment to course requirements is expected. Assignments have been scheduled with advance notice. If the work is started promptly it can easily be completed on time. Superior writing is expected. This means leaving time for writing, revision, rereading, rethinking, and rewriting. Unless documented medical or compassionate reasons exist, a late extension will not be granted.

 

Plagiarism:

 

The only difference between good scholarship and academic misconduct are quotation marks and references.  Please take care when using other people’s ideas and words.

 

TEXT BOOKS AND READINGS

 

Three text books are required for this course:

 

Price, Richard (ed.)

1999 [1979] The Spirit of the Alberta Indian Treaties. Edmonton: The University of Alberta Press. 3rd edition.

 

Duff Crerar and Jaroslav Petryshyn, (eds.)

1999-2000 (Winter) Lobstick: an Interdisciplinary Journal, Special Premier Issue, titled Treaty 8 Revisited: Selected Papers on the 1999 Centennial Conference,Vol. 1, No. 1,  Grande Prairie Regional College, Grande Prairie, AB

 

Mair, Charles

1908    Through the Mackenzie Basin, William Briggs, Toronto.

 

The above books are available for purchase in the bookstore. They are also on reserve in the library.

 

Readings:

 

In addition to the texts there are readings that are on reserve. Significant to this course are portions of the following books which are all out of print:

 

Brizinski, Peggy

1993 Knots in a String: An Introduction to Native Studies in Canada, 2nd Edition, University Extension Press, University of Saskatchewan, Saskatoon. (There are still a few copies for sale in the bookstore)

Fumoleau, Rene

1975 As Long as This Land Shall Last, McClelland and Stewart Limited, Toronto


 

Price, Richard

1991    Legacy: Indian Treaty Relationship. Edmonton: Plains Publishing Inc.

 

In addition the following are on reserve:

 

Adney, Tappan

 [1900] The Klondike Stampede, UBC Press, Vancouver, BC.

 

Department of Indian Affairs

1900  Report of the Commissioner, Ottawa.

 

Duff, Wilson

1964 The Indian History of British Columbia, Vol. 1 The Impact of the White Man, Anthropology in British Columbia, Memoir 5, Provincial Museum of British Columbia, Victoria, BC.

 

Elder’s Testimony

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain Caveat with the Registrar of Land Titles for the Northwest Territories. Book 9:539.

 

Edwards, OC

1998 On the North Trail: The Treaty 8 Diary of O.C. Edwards, David Leonard and Beverly Whalen (Eds.), Alberta Records Publication Board, Edmonton.

 

Helm’s Testimony

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain Caveat with the Registrar of Land Titles for the Northwest Territories. Book 9:539.

 

Price, Richard T. and Shirleen Smith

1993-1994 Treaty 8 and Traditional Livelihoods: Historical and Contemporary Perspectives in Native Studies Review, Vol. 9 No. 1, pp. 51-91, Native Studies Department, , University of Saskatchewan, Saskatoon.

 

Ray, Arthur

1999 Treaty 8: A British Columbian Anomaly, in BC Studies, No. 123, Autumn, pp. 5-58.

 

 

 

 


 

WEEKLY OVERVIEW

 

 

CLASS                                                DATE             TOPIC

 

Week 1 - Jan. 7 , 2003            Introduction and Overview - Government policy and the treaty-making process. Treaty 8 in the context of Treaty making in Canada. A comparative examination of Treaties 6, 7, and Treaty 8.

 

Week 2 - Jan. 14, 2003           Part 1: The Signing of Treaty 8.

Dene and Cree and the government’s motives for negotiating the Treaty. Negotiation at Lesser Slave Lake and the 1899 adhesions.

Week 3 - Jan. 21, 2003           The negotiation of Treaty 8 in British Columbia (1900).

                                                                                    The negotiation of Treaty 8 in the NWT (1900).

Week 4 - Jan. 28, 2003           Summary of the signing of Treaty 8

 

Week 5 - Feb. 4, 2003            Part 2: Treaty Interpretations and Misinterpretations.

Treaty 8 and misunderstandings. Global context to Treaty 8.

Week 6 - Feb. 11, 2003          Mid-term Exam (3 hours)

Week 7 - Feb. 18, 2003          Reading Break

 

Week 8 - Feb. 25, 2003          Part 3: Having Treaty 8 Implemented.

The Isolated communities in Alberta. Morrow’s Caveat (the Paulette case) and treaties 8 and 11 in the NWT. Treaties as international agreements.

Week 9 -  March 4, 2003        Treaties and the courts (Sioui, Horseman, Marshall)and specific claims.  Treaties and land. Treaty Land Entitlement.

Week 10 - March 11, 2003     Treaty 8 and consultation on land issues (Guest Lecturer)

Treaty provisions and education and health care

 

Week 11 - March 18, 2003     Part 4: Land Claims Agreements as Modern Treaties.

Acquiring and/or Surrendering treaty rights

Week 12 - March 25, 2003     Modern Treaties Continued. James Bay and Northern Quebec Agreement as the implementation of a modern treaty (Film: Flooding Job’s Garden) 

Week 13 - April 1, 2003          Student presentations on Papers. Major paper due.

 

EXAM T.B.A.                                                                                                 FINAL EXAM WEEK April 8 -16th   


 

WEEKLY OUTLINE, READINGS AND ACTIVITIES

 

CLASS                                                DATE                        TOPIC

 

Week 1 - Jan. 7, 2003             Introduction and Overview - Government policy and the treaty-making process. Treaty 8 in the context of Treaty making in Canada.

 

Overview of the syllabus and course expectations. Treaties and the need to reconstruct what happened when they were signed.  What Acts and legislation have influenced Treaty making? How did treaty-making evolve and change? What are important dimensions of Native-State relations? How did the government view Treaty-making?

 

Class Exercise: Students will receive copies of the text of Treaty 8 in this class. They will be asked to compare the signed version of Treaty 8 with the Commissioners’ report of the negotiations of that treaty. What can we tell about government policy from these two documents? What can we deduce were the Indians’ concerns? On the surface what did each side gain from the negotiations? From these documents (both based on a government perspective) what rights do you believe the Indian signatories gained?

 

Readings:

Brizinski, Peggy - Chapter 4- Native People and The State  (Reserve)

Taylor, John Leonard - Canada’s Northwest Indian Policy in the 1870s - Chapter 1 - (Price Text Book)

Taylor, John Leonard - Two Views on the Meaning of Treaties Six and Seven - Chapter 2 - (Price Text Book)

Commissioners’ Report and Text of Treaty 8 (Mair Text Book)

 

Week 2 - Jan. 14, 2003           Part 1: The Signing of Treaty 8 Dene and Cree and the government’s motives for negotiating the Treaty. Negotiation at Lesser Slave Lake and the 1899 adhesions

 

What was the historical context of the signing of Treaty 8? How does this context differ from Treaties 6 and 7? (re-read Chapter 2 in Taylor). What happened at the signing of Treaty 8 as it is documented in Mair’s account? What can be gained from reading the various reports of witnesses to the signing? Are the versions consistent?

 

Class Exercise: Compare the Commissioners’ Report and the Text of Treaty 8 to Laird’s and Ross’s speech as they are documented by Mair’s book. What more do we learn?

 

Readings:

Mair, Charles - Introduction and Chapter 2 and Chapter 3 (Treaty at Lesser Slave Lake)- (Mair Text)


 

Fumoleau, Rene - Chapter 2 -1897-1900 (to page 83). (Reserve)

Daniels, Richard - The Spirit and Terms of Treaty Eight - Chapter 3 (Price Text Book)

 

Week 3 - Jan. 21, 2003           The negotiation of Treaty 8 in British Columbia (1900)

                                                                                    The negotiation of Treaty 8 in the NWT (1900)

 

What do we know about the 1900 adhesions to Treaty 8? How was British Columbia different from the other areas where Treaty 8 was signed? What are the Douglas/Fort Victoria Treaties? How do they differ from Treaty 8? (re-read B.C. Section in Brizinsiki Chapter 4 pages 160-161). 

How does Duff interpret Treaty 8 rights? Who was O.C. Edwards? Why is his account important?

 

Class Exercise: Compare the Commissioners’ Report for the 1900 adhesions to what O.C. Edward reports in his diary. What do you think about his report given what you know about what happened at Lesser Slave Lake?

 

Readings:

Duff , Wilson - Impact of the White Man, pp. 61-71. (Reserve)

Ray, Arthur J. - Treaty 8: A British Columbian Anomaly (Reserve)

Edwards, O.C. - Introduction by Leonard and Whalen and excerpts from Edward’s Diary.

Commissioner’s Report from 1900 (Reserve)

 

Week 4 - Jan. 28 , 2003          Summary of the signing of Treaty 8

 

A comprehensive review of materials to date. An introduction to the interpretation of treaties.

How do the following authors interpret treaties? Do you think these interpretations are credible?

 

Readings:

Foster, J.E.- The Saulteaux and the Numbered Treaties - An Aboriginal Rights Position - Chapter 6 (Price Text Book)

Foster, J.E. Indian-White Relations in the Prairie West During the Fur Trade Period - A Compact-

 Chapter 7 - (Price Text Book).

Friesen, Jean - Magnificent Gifts - Chapter 8 - (Price Text Book)

 

Week 5 - Feb. 4, 2003            Part 2: Treaty Interpretations and Misinterpretations.

 

Was the signing of Treaty 8 based on a misunderstanding? Was the Treaty a fraud? The problems of historical and anthropological interpretation. The evolution of academic thinking. Global context to Treaty 8 - What was happening in the larger world that may have influenced the negotiations? How do current Aboriginal approaches to Treaty 8 and understandings of Treaty 8 differ from Western approaches? What can we learn from oral history?

 

Class Exercise:


 

Compare Helm’s statement/testimony to oral statements made by the Elders (at the same court case) and the oral statements reproduced in Fumoleau. What do Helm and Fumoleau think the Dene could have understood? What is happening here? What do you think of the Commissioners’ Report for 1900 in light of the words of the Elders?

 

I will bring to class a year’s worth of the Edmonton Bulletin Newspapers.

 

Readings:

Helm’s statement at Paulette (Reserve)

Elders’ statement at Paulette (Reserve)

Fumoleau, Rene - “Fort Resolution, Summer, 1900" (Reserve)

Fumoleau, Rene - Introduction (Reserve)

Hickey, Lynn et al - Chapter 4 (Price Text Book)

Interviews with Elders - Chapter 5 (Price Text Book)

Aasen, Wendy - Global Context (Lobstick Text Book)

Adney, Tappan - Chapter XX and XXI (Reserve)

 

 Week 6 - Feb. 11, 2003         Mid-term Exam (3 hours)

 

Week 7 - Feb. 18, 2003          Reading Break

 

Week 8 - Feb. 25, 2003          Part 3: Having Treaty 8 Implemented

The Isolated communities in Alberta. Morrow’s Caveat (the Paulette case) and treaties 8 and 11 in the NWT.

                                                                                    Mackenzie Valley Pipeline (Berger) Inquiry. Treaty and new governance in the NWT. Treaties as international agreements.

 

Why are treaties relevant today? What avenues are Treaty groups using to address Treaty related grievances. What are the issue with the Lubicon Cree? Why did the Dene Nation enter the Comprehensive Claim process? What happened? From the Dene perspective why are treaties 8 and 11 international agreements.

 

Readings:

Price, Richard - Introduction - Price Text Book

Brizinski, Peggy - Special Case: The Lubicon Lake People and Their Land (Reserve)

Brizinski, Peggy - The Dene and Metis Comprehensive Claim (Reserve)

 

Week 9 - March 4 , 2003                                                                                                        Treaties and the courts (Guerin, Sioui, Horseman).              

Land issues and Treaty. Treaty 8 and the specific claims process - addressing grievances or implementing government policy? Treaty Land Entitlement.

 

Overview of court decisions. What are specific claims? How do they relate to treaty? Are claims viable alternatives to bringing issues before a court? What is the central issue concerning land?


 

Class Exercise:

Reread the text of Treaty 8. What issues might be dealt with through the specific claims process?

 

Readings:

Brizinski, Peggy - Specific Land Claims (Reserve)

Ferguson, Theresa - Comments on the Interpretation of ‘Land Entitlement’ (Lobstick Text Book)

Price and Smith - Treaty 8 and Traditional Livelihoods (Reserve)

 

Week 10 - March 11, 2003     Treaty 8 and consultation on land issues (Guest Lecturer)

Treaty provisions and education and health care

 

What is Flanagan’s view and how does it differ from that of other scholars? What is Calliou’s central position? What do the Elders say about these rights. What promises do you believe were made regarding education and health care at the time of the treaties?

 

Readings:

Flanagan, Tom - Oral Traditions and Treaty 8 (Lobstick Text Book)

Calliou, Brian - The Imposition of State Law (Lobstick Text Book)

Fumoleau, Rene - The Years between the Treaties (Reserve)

Brizinski, Peggy - Interpreting Treaty Rights (Reserve)

 

 

Week 11 - March 18, 2003     Part 4: Land Claims Agreements as Modern Treaties

Acquiring and/or Surrendering treaty rights (McLeod Lake, “Treaty” Agreements in the NWT, James Bay Agreement, Nisga’a)

 

How do comprehensive claims agreements differ from the numbered treaties (Treaties 8 and 11)? In what way are they similar? What are the dangers of extinguishing rights and title? What is the Delgamuukw court case? Why is it important?

 

Readings:

Brizinski, Peggy - Comprehensive Claims (Reserve)

Reread Ray on the McLeod Lake adhesion to Treaty 8 - Treaty 8 in BC an Anomaly (Reserve)

 

Week 12 - March 25, 2003     Modern Treaties Continued and the interpretation of Treaty rights. The future of Treaty rights.

 

The Canadian Constitution and Treaty rights. (Film: Flooding Job’s Garden) a video on the James Bay and Northern Quebec Agreement as the implementation of a modern treaty  Major paper due

Readings:

Price Richard - Chapter 4 - Policy Changes and Land Claims pp. 75-115 (Reserve)

Price, Richard - Treaty Relationship Renewal (Reserve)


 

Week 13 - April 1, 2003          Student presentations on papers. Summary and conclusion of the course. Hints for writing the final exam.

 

 

EXAM T.B.A.                                                                                                             FINAL EXAM WEEK April 8 - 15th    

 


 

 

SOME SUGGESTED PAPER TOPICS (Courtesy of Dr. Patricia McCormack)

 

Describe and analyze the economic, political, and social contexts involved in creating the treaties.

 

Using the dual perspectives of written texts and oral traditions, compare and comment on the treaty negotiations.

 

Outline and comment on the expansion of the Canadian nation-state into Treaty territories.

 

Discuss the impacts on social formation considering the legal distinctions that created “treaty Indians” and “Métis”

 

Explain the impacts of Aboriginal resistance, especially through annual treaty negotiations.

 

Review and comment on historical Aboriginal land claims.

 

Explicate the understandings/misunderstandings involved in the meaning(s) of the treaty.

 

Consider and comment on the concept of the “Indian band” as invented and imposed by Euro-Canadians

 

Describe and comment on the creation of reserves and their subsequent histories (surveying of reserves, land in severalty, specific claims, contemporary reserves, disposition of reserve lands, comparison with southern reserves)

 

Outline and comment on the cartographic history of the Treaty Areas.

 

Describe and comment on post-treaty homestead settlement.

 

Compare non-Native/immigrant social formation with Aboriginal social formation.

 

Explain the development of a cash economy in the Treaty areas and comment on the ramifications of a cash economy on Aboriginal life-ways.

 

Describe and comment on the Impacts of treaties on social identity.

 

Explain and comment on the efforts to regain control over traditional lands.

 

 

 

 

 


 

Full References to Assigned Readings

 

Aasen, Wendy

1999-2000 Global Context to the Military Exemption Assurance in Treaty 8, in Lobstick, Vol. 1, No. 1, pp. 124-149, Grande Prairie Regional College, Grande Prairie, AB

 

Adney, Tappan

 [1900] The Klondike Stampede, UBC Press, Vancouver, BC.

 

Brizinski, Peggy

1993 Knots in a String: An Introduction to Native Studies in Canada, 2nd Edition, University Extension Press, University of Saskatchewan, Saskatoon.

 

Calliou, Brian

1999-2000 “The Imposition of State Law, in Lobstick, Vol. 1, No. 1, pp. 151-193, Grande Prairie Regional College, Grande Prairie, AB

 

Daniel, Richard

1999 The Spirit and Terms of Treaty 8, in The Spirit of the Alberta Indian Treaties, pp. 9-46, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Department of Indian Affairs

1900  Report of the Commissioner, Ottawa

 

Duff, Wilson

1964 The Indian History of British Columbia, Vol. 1 The Impact of the White Man, Anthropology in British Columbia, Memoir 5, Provincial Museum of British Columbia, Victoria, BC.

 

Elder’s Testimony

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain Caveat with the Registrar of Land Titles for the Northwest Territories. Book 9:539.

 

Edwards, OC

1998 On the North Trail: The Treaty 8 Diary of O.C. Edwards, David Leaonard and Beverly Whalen (Eds.), Alberta Records Publication Board, Edmonton.

 

Ferguson, Theresa

1999-2000 Comments on Interpretation of ‘Entitlement Land’, in Lobstick, Vol. 1, No. 1, pp. 194-202, Grande Prairie Regional College, Grande Prairie, AB

 

Flanagan, Tom


 

1999-2000 Oral Traditions and Treaty 8, in Lobstick, Vol. 1, No. 1, pp. 54-72, Grande Prairie Regional College, Grande Prairie, AB

 

Foster, J. E.

1999 Indian-White Relations in the Prairie West, in The Spirit of the Alberta Indian Treaties, pp. 181-202, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Friesen, Jean

1999 Magnificent Gifts: The Treaties of Canada with the Indians of the Northwest 1869-76, in The Spirit of the Alberta Indian Treaties, pp. 203-212, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Fumoleau, Rene

1975 As Long as This Land Shall Last, McClelland and Stewart Limited, Toronto

 

Helm’s Testimony

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain Caveat with the Registrar of Land Titles for the Northwest Territories. Book 9:539.

 

Hickey, Lynn, Richard Lightening and Gordon Lee

1999 T.A.R.R Interviews with Elders Program, in The Spirit of the Alberta Indian Treaties, pp. 103-112, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Mair, Charles

1908    Through the Mackenzie Basin, William Briggs, Toronto.

 

O’Chiese, Peter,  Lazarus Roan, John Buffalo, Pat Weaselhead, Camoose Bottle, Annie Buffalo, John Yellowhorn, Jean Marie Mustus, William Okeymaw and Felix Gibot

1999 Interviews with Elders, in The Spirit of the Alberta Indian Treaties, pp. 113-160, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Price, Richard

1991    Legacy: Indian Treaty Relationship. Edmonton: Plains Publishing Inc.

 

Price, Richard T. and Shirleen Smith

1993-1994 Treaty 8 and Traditional Livelihoods: Historical and Contemporary Perspectives in Native Studies Review, Vol. 9 No. 1, pp. 51-91, Native Studies Department, , University of Saskatchewan, Saskatoon, SK

 

Ray, Arthur

1999 Treaty 8: A British Columbian Anomaly, in BC Studies, No. 123, Autumn, pp. 5-58

 


 

Taylor,     John Leonard

1999 Canada’s Northwest Indian Policy in the 1870's: Traditional Premises and Necessary Innovations, in The Spirit of the Alberta Indian Treaties, pp. 3-8, Price, Richard (ed.), Edmonton: The University of Alberta Press. 3rd edition.

 

Expanded Bibiliography of Sources

(Unpublished materials are available with consent of instructor)

 

Aasen, Wendy

1994    The Spirit and intent of Treaty 8 in the Northwest Territories: “As Long as the Sun Shines, the River Flows, and the Grass Grows.” Prepared for N.W.T. Treaty 8 Tribal Council, as a Communication to the Constitutional Development Steering Committee.

 

1993    Preliminary Treaty Review Report. Report prepared for the Treaty 8 Tribal Association, Fort St. John, B.C., September.

 

Abel, Kerry

1993    Drum Songs Glimpses of Dene History. McGill-Queen's University Press.

 

Asch, Michael and Shirleen Smith

1992    Consociation Revisited: Nunavut, Denendeh and Canadian Constitutional Consciousness in Etudes/Inuit/Studies 16 (1-2):97-114.

 

Bartlett, Richard

1990    Treaty Rights to Health in Canadian Law Today. Written in consultation with Treaty and Aboriginal Rights Research for presentation to the All-Chiefs Conference March 20-22, 1990, Edmonton.

 

Barsh, Russel Lawrence and James Youngblood Henderson

1982    Aboriginal Rights, Treaty Rights, and Human Rights: Indian Tribes and "Constitutional Renewal" in Journal of Canadian Studies Vol. 17, No. 2, Summer.

 

Bell, Catherine

n.d.      Comment on "Partners in Confederation" A Report on Self-government. Unpublished paper forth-coming in UBC Law Review.

 


 

Breynat, Gabriel.

1955    Bishop of the Winds. P.J. Kennedy Sons, New York.

1955    The Flying Bishop. Burns & Oates, London.

1948    Cinquante Ans au Pays des Neiges. Fides, Vol. I, Montreal.

 

Bourque, J.W. (Chairperson)

1993    "Working Towards A Common Future" Commission for Constitutional Development, Phase 1 Report, April 1992.

 

Brody, Hugh

1981    Maps and Dreams. Vancouver: Douglas and MacIntyre.

 

Daniel, Richard

1977    Indian Rights and Hinterland Resources: The Case of Northern Alberta. Unpublished Masters Thesis in Sociology, University of Alberta, Edmonton.

1976    The Spirit and Terms of Treaty 8. In R. Price (ed.), New Perspectives on the Alberta Treaties, TARR-Indian Association of Alberta.

1976    White Competition and the Concept of Exclusive Rights for Indians. Unpublished Research Report, Treaty and Aboriginal Rights Research of the Indian Association of Alberta, March 1976.

 

Chalmers, J.W.

1972    “Inland Journey,” The Beaver, Autumn, pp. 52-59

 

Daniel, Richard

1987    The Spirit and Terms of Treaty 8. In R. Price (ed.), The Spirit of the Alberta Indian Treaties, University of Alberta Press. Edmonton.

1976a  The Spirit and Terms of Treaty 8. In R. Price (ed.) New Perspectives on the Alberta Treaties, Unpublished Manuscript. TARR - Indian Association of Alberta.

1976b  White Competition and the Concept of Exclusive Rights for Indians. Unpublished Research Report, TARR - Indian Association of Alberta, March 1976

 

Department of Indian Affairs and Northern Development

1979    Report on the Interdepartmental Committee on Game Laws and Indian Treaties. Department of Indian Affairs and Northern Development, Ottawa.

 

Dominion of Canada

1900    Annual Report of the Department of Indian Affairs for the year ended June 30 1899 Sessional Paper No. 14, 1900, pp. xxxv-xli).

 


 

Edmonton Bulletin

July 6, 1899, p. 2

July 10, 1899, pp. 2-3

July 20, 1899, pp. 4-5

August 17, 1899, p. 3

September 11, 1899, p. 4

 

Elliott, David W.

1989    Aboriginal Title in Aboriginal Peoples and the Law: Indian, Metis and Inuit Rights in Canada. Ottawa: Carleton University Press.

 

Erasmus, George and Joe Sanders

1992    Canadian History: An Aboriginal Perspective in Diane Engelstad and John Bird (ed.), Nation to Nation Aboriginal Sovereignty and the Future of Canada.

 

Foster, J.E.

1987    Indian-White Relations in the Prairie West during the Fur Trade Period - A Compact? In R. Price (ed.), The Spirit of the Alberta Indian Treaties, University of Alberta Press. Edmonton.

 

Fumoleau, Rene

1976    As Long as this Land Shall Last. McClelland and Stewart, Toronto.

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain a Caveat with the Registrar of Land Titles for the Northwest Territories. (Book 1:42 and Book 15:886).

 

The Globe, Toronto

July 17, 1899

July 22, 1899

July 23, 1899

August 12, 1899

August 19, 1899

August 26, 1899

September 2, 1899

 

Government of Canada

1986    (Oberle Report) Treaty 8 Renovation - Discussion Paper. Unpublished Manuscript to The Honourable David Crombie Minister of Indian and Northern Affairs, January 31, 1986.

1959    (Nelson Commission) Report of the Commission to investigate unfulfilled provisions of Treaties 8 and 11 as they apply to the Indians of the Mackenzie District. (PARC 1/1 11-5 1933-36).

1900    Treaty 8 Made June 21, 1899 and Adhesions, Reports, Etc., Land Publication No. QS-0576-00. EE-A-16.


 

Grouard, S.G. Mgr

1923    Souvenirs de mes Souixante ans d’Apostolate dans l’Athabaska-Mackenzie. Oevre Apostolique de M.I., Lyon.

 

Helm, June(ed.)

1981    Subarctic. Volume 1 Handbook of North American Indians. Smithsonian Institute: Washington, D.C.

1973    Testimony given in An Application by Chief Francois Paulette, et al., to lodge a certain Caveat with the Registrar of Land Titles for the Northwest Territories. Book 9:539.

 

Hickey, Lynn

1976    T.A.R.R. Interviews with Elders Program. In R.Price (ed.) New Perspective the Alberta Treaties. TARR-Indian Association of Alberta.

 

Hickey, Lynn and Richard L. Lightning, and Gordon Lee

1987    T.A.R.R. Interviews with Elders Program. In R. Price (ed.), The Spirit of the Alberta Indian Treaties, University of Alberta Press. Edmonton.

1976    T.A.R.R. Interviews with Elders Program. In R.Price (ed.) New Perspectives on the Alberta Treaties. Unpublished Manuscript, TARR-Indian Association of Alberta.

 

Jackson, Michael

1979    Statement presented at the Alaska Highway Gas Pipeline Hearings, Northern Pipeline Agency Public Hearings. Vol.17, Fort St. John, B.C., pp. 1927-42. Vancouver: Allwest Reporting.

 

Kendall, Jean

1976    Oral Sources and Historical Studies. Master of Arts Thesis, Department of History, University of Alberta, Edmonton.

 

Mackenzie Valley Pipeline Inquiry

Vol. 31, Proceedings at Community Hearing -- Fort Resolution, N.W.T., October 7, 1975.

Vol. 32, Proceedings at Community Hearing -- Fort Resolution, N.W.T., October 8, 1975.

Vol. 33, Proceedings at Community Hearing -- Fort Smith, N.W.T., October 9, 1975.

Vol. 34, Proceedings at Community Hearing -- Yellowknife, N.W.T., October 15-16, 1975.

Vol. 48, Proceedings at Community Hearing -- Fort Smith, N.W.T., April 30, 1976.

Vol. 143a, Proceedings at Inquiry -- Yellowknife, N.W.T., April 14, 1976.

Vol. 144, Proceedings at Inquiry -- Yellowknife, N.W.T., April 15, 1976.

 

Madill, Dennis

1981    B.C. Indians Treaties in Historical Perspective. Research Branch, Corporate Policy. Ottawa: Indian and Northern Affairs Canada.

 


 

1986    Treaty 8 Research Report: Treaty Eight. Treaty and Historical Research Centre, Indian and Northern Affairs Canada, Ottawa.

 

Mair, Charles

1908    Through the Mackenzie Basin, William Briggs, Toronto.

 

Malloch, Lesley

1984    Dene Government Past and Future: A Traditional Dene Model of Government and its Implications for Constitutional Development in the Northwest Territories Today. Prepared for the Western Constitutional Forum.

 

Martinez, Miguel Alfonso

1992    Study on Treaties, Agreements and other Constructive Arrangements between States and Indigenous Populations - First Progress Report. United Nations Economic and Social Council.

 

McCardle, Bennett and Richard Daniel

1976    The Development of Farming in Treaty 8 (1899-1940). Unpublished research report. Treaty and Aboriginal Rights Research of the Indian Association of Alberta (February 1976).

 

McCardle, Bennett

1975    Indian Land Holdings in Severalty Under Treaty Eight and the Indian Acts, 1899-1930: A Preliminary Discussion. Unpublished Research Report, Treaty and Aboriginal Research of the Indian Association of Alberta, November, 1977.

 

Melville, J. Bruce

1981    Report on Reserves and Indian Treaty Problems in Northeastern B.C. Report prepared for B.C. Hydro and Power Authority, February 1981. Canadian Cataloging in Publication Data.

 

Morris, Alexander

1880    The Treaties of Canada with the Indians of Manitoba and the North-West Territories including the Negotiations on which they were based. Saskatoon: Fifth House.

 

Morse, Bradford W. ed.,

1989    Aboriginal Peoples and the Law: Indian, Metis and Inuit Rights in Canada. Ottawa: Carleton University Press.

 

Opekokew, Delia

1989    The First Nations: Indian Government and the Canadian Confederation (1980) in Bradford W. Morse (ed.), Aboriginal People and the Law: Indian, Metis and Inuit Rights in Canada. Ottawa: Carleton University Press.


 

Paulette, Francois and Wendy Aasen

1993    Synopsis of Protocol: Nationhood (Treaty 8 First Nations) within a New Western Territory (N.W.T. Act). Interim Report   on Constitutional Development, Prepared for the N.W.T. Treaty 8 Tribal Council, September 1993.

 

Price, Richard (ed.)

1991    Legacy: Indian Treaty Relationship. Edmonton: Plains Publishing Inc.

1976    New Perspectives on the Alberta Treaties. Unpublished Manuscript - Treaty and Aboriginal Rights Research of the Indian Association of Alberta, August 1976.

1974    Probable Factors and Alternatives for Treaty Rights Negotiations. Unpublished Report Treaty and Aboriginal Rights Research of the Indian Association of Alberta, June 1, 1974.

 

Price, Richard and Shirleen Smith

1994    Treaty 8 and Traditional Livelihoods: Historical and Contemporary Perspectives. Native Studies Review 9, No. 1 (1993-1994), pp. 51-91.

 

Ray, Arthur J.

1998    I Have Lived Here Since the World Began. Lester Publishing.

1990    Testimony referred to in Horseman v. Regina [S.C.C.] Judgement - May 3, 1990. (Exhibit 2).

1987    Testimony given in Regina v. Walker.Before his Honour Judge D.M. Levis, Province of British Columbia, Dawson Creek, June 6, 1987.  

1985    Commentary on the Economic History of Treaty 8 Area. June 13, 1985. Exhibit 2.

 

Report of the Commission (Nelson Commission)

1959    Report of the Commission to investigate unfulfilled provisions of Treaties 8 and 11 as they apply to the Indians of the Mackenzie District. (PARC 1/1 11-5 1933-36).

 

Royal Commission for Aboriginal Peoples

1993    Partners in Confederation: Aboriginal Peoples, Self-government and the Canadian Constitution. Ottawa: Canada Communication Group.

 

Smith, Shirleen

1999    Dene Treaties, Anthropology and Colonial Relationships. PhD dissertation, Department of Anthropology, University of Alberta, Edmonton. Smith, Shirleen

1993    Dene Decision Making. Included in Interim Report on Constitutional Development presented by the Deh Cho Tribal Council.

 

TARR-IAA

n.d.      Research Report: Economic Development and the Spirit of the Treaties.(n.d., no author). Indian Association of Alberta-TARR Research Reports Cabinet #4)


 

1980    Statement on the Indian Title to Land "in Severalty" under Treaty Number 8. Unpublished Research Report, Treaty and Aboriginal Rights Research of the Indian Association of Alberta, August 1980.

 

Task Force Report

1986    Treaty 8 Renovation - Discussion Paper. Unpublished Manuscript to The Honourable David Crombie Minister of Indian and Northern Affairs, January 31, 1986.

 

Treaty 8

Treaty 8 Made June 21, 1899 and Adhesions, Reports Etc., Land Publication No. QS - 0576-00 EE-A-16.

 

Venne, Sharon

1993    Treaty Indigenous Peoples and the Charlottetown Accord: The Message in the Breeze.  Constitutional Forum Vol. 4, No. 2, Winter 1993. Edmonton: Centre for Constitutional Studies.

1991    International Treaty Study. Unpublished paper June 1991.

 

Watkins, Mel (ed.)

1977    Dene Nation - the Colony Within. Toronto: University of Toronto Press.

 

Zlotkin, Norman

1985    Post-Confederation Treaties. In b. Morse (ed.), Aboriginal        Peoples and the Law: Indian, Metis and Inuit Rights in Canada. Ottawa: Carleton University Press.

 

Elders', Chiefs' and Members' Statements

 

Beaulieu, Angus

1969    Born 1934. Great-grandson of Pierre Beaulieu, who was presented as chief in 1900 but not accepted because he was Metis. Interviewed by Roy Daniels, then Company of Young Canadians, February 1969. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Beaulieu, Johnny

1969    Chipewyan, 1882-1969. Son of Pierre Beaulieu. Interviewed by Marilyn Asheton-Smith, then Company of Young Canadians, 1969. translated by Elsie Zoe, Dogrib. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Beaulieu, John Jean Marie

1973    Elder (86 years old), Fort Resolution. Present when treaty was first paid. Evidence given at Paulette et al  Application to file a Caveat [1973] W.W.R. 97 before Justice Morrow. Book 5.


 

1969    Chipewyan, born 1888. Grandson of Pierre Beaulieu. Interviewed by Dora Unka, Chipewyan 1969; by Dave Smith of the Department of Anthropology, University of Minnesota, Minneapolis, June 1969; and by Robert Sayine, Chipewyan, April 1972. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Cheezie, Gerry

1976    Chief of Fort Smith. Testimony given at the Mackenzie Valley Pipeline Inquiry (Proceedings at Community Hearings) Vol. 33., April, 1976.

 

Drygeese, Henry

1972    Chipewyan, born 1896. Son of the first Chief Drygeese. Interviewed by Antoine Liske, Dogrib, February 1972. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Drygeese, Pierre Smallnose

1968    Born 1888. Interviewed by Beryl C. Gillespie, of the Department of Anthropology, University of Iowa, 1968. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Frise (Friezie), Pierre

1972    Born 1887. Interviewed by Tom Unka, Chipewyan, 1972. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Friezie, Peter

1973    As above. Elder (87 years old), Former Chief of Fort Resolution. Present when treaty was first paid. Evidence given at Paulette et al  Application to file a Caveat [1973] W.W.R. 97 before Justice Morrow. Book 5.

 

Lockhart, Joe

1973    Chief of Yellowknifes. Evidence given at Paulette et al  Application to file a Caveat [1973] W.W.R. 97 before Justice Morrow. Book 3.

 

Michel, Pierre

1971    Chipewyan, born 1902. Interviewed October 19, 1971, by Elizabeth Petrovitch, then of the Indian Brotherhood of the N.W.T. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Norn, Frank

Born 1903. His father was one of the official interpreters at all treaty meetings from 1900 until 1927. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

Paulette, Francois

1976    Testimony given at the Mackenzie Valley Pipeline Inquiry (Proceedings at Community Hearings - Fort Smith) Vol. 48., April, 1976.

1973    Chief of Fort Smith. Evidence given at Paulette et al  Application to file a Caveat [1973] W.W.R. 97 before Justice Morrow. Book 3.


 

Sayine, Edward

1973    Born 1920. Chief of Fort Resolution. Evidence given at Paulette et al  Application to file a Caveat [1973] W.W.R. 97 before Justice Morrow. Book 3.

 

Tassie, Johnny

1972    Born 1895. Interviewed by Robert Saiyne, 1972. Interview contained in Fumoleau's As Long as this Land Shall Last.

 

 

Archives

 

National Archives of Canada (NAC), Record Groups 2, 10, 18.