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"It Was Only a Treaty"

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"IT WAS ONLY A TREATY" TREATY 11 ACCORDING TO THE DENE OF THE MACKENZIE VALLEY Revised for The Dene Nation and The Royal Commission on Aboriginal Peoples Rene M.J. Lamothe April, 1996 EXECUTIVE SUMMARY "It Was Only A Treaty" provides some basic concepts about Treaty 11 from a Dene perspective. The paper sets out cultural parameters of Dene life by providing information on key social, economic, political and spiritual aspects of Dene life with the intention of providing readers with the historical and legal context in which the Dene live. Through the presentation of the context of Dene life, the paper sets the parameters which limit Dene decision making with regards to the land and relationships with non-Dene. Some of the information may be viewed by academic interests to be outside the scope of what they consider "sound knowledge" about the Dene. The information, however, is provided from within the context of Dene experience, much of which, being of a spiritual nature, is not readily available to the "outside" academic. This information is also intended, in part, to set the stage for the non-Dene to better understand the social, political and economic conditions in play in Dene society in 1921. Understanding the context from which the Dene approached the Crown's Treaty Party is fundamental to understanding the Dene version of Treaty 11. The paper explores government interests in the territory covered by Treaty 11. Although this section is very limited in its' scope and does not provide conclusive evidence about the motives of government, it provides information on land surveys which took place in Dene territory before Treaty was made, as well as bringing to light some of the political and economic pressures which have been at play within the Euro-Canadian/American public since contact. The paper uses quotations from polarized sources to juxtapose the conflicting forces at play within the non-aboriginal society. This paper proposes that the beliefs, but more importantly, the economic and political interests which pressured government, although very briefly addressed in this section, are the fundamental reasons which motivated government to enter into treaty with the Dene. The government commissioned a treaty party only after oil was discovered at Norman Wells. It appears, from written documentation, that government interests in treaty were to acquire lands and resources. There is evidence in the form of affidavit and court testimony, as well as the oral knowledge of the Dene, that to achieve their ends, the Treaty Commissioners were, to say the least, less than candid in negotiations. In effect, according to Dene oral knowledge, the Treaty Commissioners refused to speak specifically to the purpose of the Crown in entering into treaty. The Roman Catholic Church was involved in the lobbying and the negotiations towards making treaty in the person of Bishop Breynat. His efforts in this regard extend from 1900 to 1921 on an almost annual basis. In their interest to "civilize and christianize" the Dene, the Roman Catholic Church set up schools and hospitals. They needed financial support to maintain them. Where there was treaty the government paid a daily stipend. Where there was no treaty the government did not. Some Dene elders claim that the Bishop lied to the people both in 1899 and 1921. This paper provides some clear quotations from involved Church leaders as to their objectives and the means to achieve them. It further provides evidence that Bishop Breynat knew that the Treaty was a land deal as far as the Crown was concerned even though, according to Dene testimony, he would not admit that to the Dene during negotiations. To his credit, Bishop Breynat stayed in the North and tried to help the Dene. His affidavit from 1934 is provided herein and provides a bit more clarity to the times. It is as eloquent for the Dene, however, in what it does not say as in what information it does provide. Part of the confusion in relationships and communications between Dene and non-Dene stems from fundamental differences in values and perceptions of reality. Where land and resources are at the crux of, and form the basis of, constitutional relationships between aboriginal and non-aboriginal peoples, it is especially important to attempt to bring to light these differences in the interest of improving understanding between Dene and non-Dene. With that purpose this paper provides a brief discussion on Dene vs British legal concepts of land. Having set the context and explored some of the forces at work in the lives of Dene and non-Dene involved in Treaty negotiations, the paper provides the reader with some brief historical information on the treaty making context as well as quotes from Dene elders about the Treaty. These quotes are first hand knowledge from records maintained by the Dene Nation. Some of the information recounted here was recorded in the 1950's, 1960's and 1970's by Dene who were present at the time Treaty was made. Although they dispute the written version of the Treaty, they maintain very clearly that Treaty was made, that it is a Treaty of Peace and Friendship and that there are rights and obligations on the part of both the Dene and the non-Dene. The rights and obligations of the Dene and the Crown are spelled out in this paper under a two page section entitled: Peace Treaty. This is a written version of the Treaty which conforms to the Dene oral version of the Treaty. Concluding statements review some of the initiatives which have been taken by the Dene to bring the Crown to recognize its treaty obligations toward the Dene. These initiatives have taken the form of continued hunting activities (economic basis of Dene life) in spite of Crown laws designed to regulate hunting and other economic activities of the Dene; continued gatherings of leaders to strategize and position a legal basis, which might be understood and accepted by non-Dene, for governance of Dene lands and resources in spite of Crown laws which until 1959 went as far as to stipulate that Indians could not meet without permission of an Indian Agent. The paper ends with a set of recommendations to the Dene and the Crown. CONTENTS INTRODUCTION.................................................1 BACKGROUND ON DENE LIFE......................................3 Geographic Overview of Dene Peoples.....................3 Lanaguage...............................................6 History.................................................8 Ancient or legendary history.......................8 Place names........................................9 Cree-Dene Peace Treaty............................10 Dogrib-Chipewyan Peace Treaty.....................11 Impact of Oral History on Individuals.............12 Contemporary History..............................12 Economic conditions....................................14 Spiritual Order........................................15 Deh Cho Dene Social Order..............................29 Political Order........................................31 Governance of Resources................................32 Territory & Jurisdiction...............................33 Protection of Territory................................34 Administration of Justice..............................36 Trade and Commerce.....................................37 Collective and Individual Rights.......................38 Summary Statement on Dene life.........................40 OVERVIEW OF GOVERNMENT AND CHURCH INTERESTS.................42 Government Interests in Denendeh.......................44 A Specific Case...................................53 Historical Practices Continue Today...............58 Church Interests in Denendeh...........................62 Summary on Government and Church Interests.............69 DENE VS BRITISH COMMON LAW CONCEPTS OF LAND.................72 The Dene Relationship..................................72 British Common Law Relationships.......................75 THE TREATY MAKING CONTEXT...................................77 Beliefs and Treaty.....................................78 DENE ACCOUNTS OF MEETINGS WITH THE TREATY PARTY.............83 PEACE TREATY...............................................110 FORWARDING DENE TREATY RIGHTS VIA SELF GOVERNMENT MODELS...112 The Principles of Dene Government.....................114 Constitutional Provisions for Dene Governance.........115 Chiefs of Denendeh Sanction Deh Cho Initiative........125 PEACE ORDER AND GOOD GOVERNMENT............................127 TREATY 11, A LIVING PROCESS................................133 CONCLUSION.................................................139 RECOMMENDATIONS............................................141 END NOTES..................................................146 INTRODUCTION Both Gabe Sanguez and Henry Ekali of Jean Marie River related the story, in 1991, of how Ehtsieh Norwegian, a recognized Headman of the Dene in the Fort Simpson area during negotiations of Treaty 11, expressed his concern about the negotiations. During the evenings he would meet with other elders and is reported by the above men to have said: "If I could just get them to be more specific about what they mean." What was the Crown's intent in entering into Treaty with the Dene? What did their agents really mean with their statements during negotiations? What political positions within the "European" community in North America influenced the Crown's agents to communicate with the Dene in unspecific terms? Given the apparent lack of understanding by some Dene over intent, one has to ask
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