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Home , Muskeg Lake Cree Nation, Numbered Treaties, Star Blanket Cree Nation, Swan River First Nation, Treaty 1, Treaty rights

COVID-19, THE NUMBERED

TREATIES & JUNE 2020 THE POLITICS A SPECIAL REPORT by GINA STARBLANKET OF LIFE & DALLAS HUNT ABSTRACT In many Crown-First Nation and specifically the , there is reference to health care provisions. Referred to as a medicine chest in some cases or aid in others, this provision appears in written and oral versions of treaties. Why then, is it absent in the conversations around the COVID-19 pandemic and , when it is needed most? This contemporary moment in Canadian time reveals much about the interpretation of treaties and how that interpretation (or mal-interpretation) matters in material ways to First Nations. In this Yellowhead Special Report, Gina Starblanket and Dallas Hunt consider how healthcare is represented in the Numbered discussions at the time of treaty-making and into the present, illustrating contrasting visions of our collective relationship and the consequences. But in this study there is also guidance for the future of that relationship, one rooted in mutual support and a politics of life.

Keywords AUTHORS Treaties, Medicine Chest Clause, Pandemic, COVID-19, Crown Gina Starblanket and Dallas Hunt AUTHOR BIOS EDITOR Dr. Gina Starblanket is an Assistant Professor in the Department of Political Science at the University of Calgary. Hayden King Gina is / and a member of the in territory. She is the co-editor of the 5th edition of Visions of the Heart: Issues Involving Indigenous People in . Gina has also published COPY EDITOR critical work in the Canadian Journal of Political Science, The American Indian Culture and Research Journal, Stephanie Matchiwita and Constitutional Forum. DESIGNER Dr. Dallas Hunt is Cree and a member of Wapsewsipi () in territory in Northern Yumi Numata , Canada. He has had critical and creative work published in the Malahat Review, Arc Poetry, Canadian Literature, Settler Colonial Studies, and the American Indian Culture and Research Journal. His children’s book, This report features licensed works from the Awâsis and the World-Famous Bannock, was published through Highwater Press in 2018, and was nominated for the Elizabeth Mrazik-Cleaver Canadian Picture Book Award. series Here On Future Earth |otē nīkān misiwē askīhk (2009) by Joi T. Arcand: Their book, Storying Violence: Unravelling Colonial Narratives in the Stanley Trial, will be released later this year. Town Hall - Marcelin, (front cover / pg. 18) ARTIST BIO Northern Pawn, South Vietnam - , Joi T. Arcand is an artist from , Saskatchewan, Territory, currently residing Saskatchewan (pg. 7) in Ottawa, . She received her Bachelor of Fine Arts degree with Great Distinction from the University of Saskatchewan in 2005. In 2018, Arcand was shortlisted for the prestigious Sobey Art Award. Her practice Sweetgrass Store - includes photography, digital collage, and graphic design and is characterized by a visionary and subversive (pg. 14) reclamation and indigenization of public spaces through the use of and syllabics. www.yellowheadinstitute.org Learn more at joitarcand.com. @Yellowhead_ fb.me/yellowheadinstitute This report is licensed under a Creative Commons Attribution-NonCommercial 2.5 Canada License. TABLE OF CONTENTS

5 INTRODUCTION

6 PART ONE The Contemporary Terrain of the Numbered Treaties

8 PART TWO On “The Benevolence of the Queen”

11 PART THREE Treaty and the Politics of Life

17 PART FOUR Treaty and the Expansion of Political Horizons

19 ENDNOTES “Now the old people tell us the day will come when the land will be sick again and there will be a fever, you know, a fever in the world, a fever in this land because the ascending problems that are coming up upon it because the land is sick; the economies are falling flat because the land is sick.

As [Indigenous] people, we don’t think much of money. We still think of using things to help us live, helping one another, and that’s the reason why the treaties were a dual road.”

ELDER DANNY MUSQUA, , TREATY 41 INTRODUCTION

IN RECENT MONTHS, the coronavirus pandemic has brought conversations surrounding the federal government’s obligations towards Indigenous people to the fore, particularly in areas of health, security (including food security), and community capacity.2

Broadly speaking, the pandemic conceptions; that is, wellness of the the Numbered Treaties. It does so by has also drawn attention to the body, mind, emotions, and spirit are exploring the discussions surrounding dysfunctional relationship between understood to be interconnected and treaty negotiations, Indigenous oral federal, provincial, and Indigenous related to broader social, political, histories of treaty, and the contexts governments, the latter of which economic, and environmental factors in which they were negotiated. By have cited concerns surrounding a including the wellness of the land and re-visiting the original intent of lack of transparency, communication, of other living beings in it. these treaties, we hope to offer a and co-operation from the other levels re-consideration of our collective in pandemic support planning These issues are particularly glaring relationship—as it pertains to this and implementation3. given that the federal government specific public health crisis— has specific obligations to and beyond. For Indigenous people in Canada, Indigenous communities, who are matters of disease, sickness, and uniquely situated in a distinct and famine are not unprecedented and the constitutionally entrenched political “FOR INDIGENOUS historical record tells us that we cannot relationship with Canada. Indigenous simply sit by and trust that either people in regions covered by the PEOPLE IN the feds or provinces will provide Numbered Treaties, in particular, are adequate levels of support and aid. party to political arrangements where CANADA, MATTERS Indigenous people are particularly has committed to assist OF DISEASE, vulnerable to communicable diseases in ensuring our well-being and our due to long-standing and ongoing quality of life. (The Numbered Treaties SICKNESS, AND structural asymmetries that pertain are those eleven agreements negotiated to the administration of health between 1870 and 1921 that captured FAMINE ARE NOT services, environmental , and much of Canada, from the inaccessibility of healthy food northern Ontario, across the Prairies UNPRECEDENTED sources. And while all human beings and into the ). AND THE HISTORICAL are susceptible to the coronavirus, Regrettably, since those treaties it has particularly injurious, and were negotiated, Canadian federal RECORD TELLS US sometimes fatal, implications for those governments have generally disavowed with pre-existing medical conditions, the fact that Indigenous people hold THAT WE CANNOT which Indigenous people experience at to health. disproportionately high rates. SIMPLY SIT BY Given this state of affairs, and in AND TRUST THAT While much is made of the fact that the midst of a pandemic, what are Canada offers universal health care to we to make of the provisions in the EITHER THE FEDS OR all of its citizens, Indigenous people Numbered Treaties that relate to are all too aware that this universality health, wellness, disease, and moments PROVINCES WILL does not equate to efficient and of crisis? This report provides an expedient medical services for all. overview of the ways in which PROVIDE ADEQUATE Further, Indigenous people generally questions of Indigenous wellness, LEVELS OF SUPPORT hold a broader and more holistic and the continuity of Indigenous understanding of health than western life, broadly understood, figure in AND AID.”

COVID-19, the Numbered Treaties & the Politics of Life 5 PART ONE The Contemporary Terrain of the Numbered Treaties

FOLLOWING THE 2019 Canadian federal election, Trudeau’s Liberals narrowly formed their second government. This, after a first term in office that saw the party’s purported commitment to strengthen relations with Indigenous people devolve into a record of failed engagements and shelved legislation.

Nonetheless, in his campaign for large, not given rise to any significant This approach does not, however, re-election, Trudeau promised the transformation in the political extend to distinctions in the different establishment of a National Treaty relationship between treaty First political relationships that Indigenous Commissioner’s Office, intended to, Nations and Canada. people within each of these categories “ensure that Canada implements have with the federal government, the spirit and intent of Treaties, Little detail on the proposed office has such as distinct treaty relationships. agreements, and other constructive been provided, other than government arrangements.”4 Indeed, one of the statements claiming it will undertake, Additionally, the proposed National hallmarks of this federal government’s “the ongoing review, maintenance Treaty Commissioner’s Office in no Indigenous policy has been an and enforcement of Canada’s treaty way departs from Canada’s long- emphasis not just on the recognition obligations.”5 It remains unclear if standing understanding of treaties of , but also on their this office would provide Indigenous as fixed-term transactions with intended implementation through the people with a similar or alternative discretionary obligations. Its purpose development of legislation process to the Specific Claims Tribunal appears to be to fulfill the terms of and mechanisms intended to enable for advancing claims relating to Crown the transaction rather than altering them in robust ways. breaches of treaty. longstanding asymmetries in the configurations of the Indigenous-state A National Treaty Commissioner’s If the Trudeau government’s recent relationship. Yet, treaty relationships office is not a novel idea, having been attempts offer any insight, the office’s are not transactions whereby Canada’s recommended in 1996 by the Royal mandate would likely be carried out outstanding debts can be neatly Commission on Aboriginal Peoples within the existing federal structure, reconciled. Rather, the implementation (among others). The office may unaccompanied by any change in of treaties requires a commitment to offer promise to some, but it is not a political authority, jurisdiction, or envisioning a fundamentally alternate prerequisite to the implementation of tax and revenue sharing between form of relationship, one which treaty relationships. Indigenous people governments. Relatedly, the federal evidently lies outside of Canada’s have long called upon the Crown, and government’s repeated commitment to current political imaginary. the federal and provincial executives using a “distinctions-based approach” that now embody the Crown, to in the purported fulfillment of its Meanwhile, there is an ongoing honour their treaty obligations both obligations to Indigenous people often pandemic. Despite the lack of within and outside of state-sanctioned translates to a model that differentiates commitment and imagination from processes. These calls have, by and between the needs of First Nations, Canada, many treaty First Nations , and Métis communities. are grounding their public health 6 Yellowhead Institute NORTHERN PAWN, SOUTH VIETNAM - NORTH BATTLEFORD, SASKATCHEWAN | HERE ON FUTURE EARTH, 2009 BY JOI T. ARCAND

governance, and their actions and First Nations across Ontario, interactions with other levels of , Saskatchewan and Alberta “...THE IMPLEMENTATION government, in the framework of have closed their borders and erected OF TREATIES REQUIRES treaty. For instance, the First Nations blockades on provincial highways in of Maskwacis, , an attempt to prevent infection and A COMMITMENT and the the spread of the virus within their have all recently declared states of communities, as well as to signal TO ENVISIONING A emergency and activated the medicine the fraught jurisdictional disputes chest and pestilence clauses in that can arise between Indigenous FUNDAMENTALLY Treaty 6.6 communities, provincial governments, ALTERNATE FORM OF and the federal government (or, more In addition, the Assembly of First precisely, its lack of involvement).8 RELATIONSHIP, ONE Nations has declared a state of These and other Indigenous people emergency, and many First Nations have specifically pointed to the Crown’ WHICH EVIDENTLY LIES have taken steps to shore up their responsibility to provide assistance own jurisdiction and enact their own to its treaty partners in general, and OUTSIDE OF CANADA’S pandemic response measures.7 especially so in times of need.9 CURRENT POLITICAL IMAGINARY.”

COVID-19, the Numbered Treaties & the Politics of Life 7 PART TWO On “The Benevolence of the Queen”

PRIOR TO CONTACT with European settlers, Indigenous populations in the region currently called Canada can be characterized as having much stronger physical, mental, and spiritual wellness relative to today. Historical records and contemporary scholarship suggest that diseases, illnesses, cancers, mental disorders, and other significant health conditions were relatively rare occurrences.10

Indigenous people have long severely impacted the wellness of relative to newcomers, including: understood human wellness as Indigenous populations, many of 1) pre-existing rights and interconnected and interconnected whom faced unprecedented levels of responsibilities that they wanted and inextricably linked to the starvation in the years leading up to affirmed under the treaties and 2) environments in which we live and treaty negotiations. As W.J. Christie, new alliances and inter-societal hold responsibilities towards. Pre- the Chief factor for the Saskatchewan commitments that they sought to contact, Indigenous people had long- Region of the Hudson’s Bay institute through the establishment standing practices for maintaining Company wrote in an 1871 internal of a relationship with the Crown. For a high quality of life that arose from memoranda to Lieutenant Governor , the negotiation an intimate knowledge of local Archibald, “The buffalo will soon be of treaties followed a long tradition surroundings, and specifically of the exterminated, and when starvation of treaty-making between nations medicinal and healing powers of the comes, these Plains Indian Tribes will and among other living beings. These living earth. fall back on the Hudson’s Bay Forts practices pre-dated the arrival of and settlements for relief Europeans, helping to mediate the Contact with Europeans exposed and assistance.”12 relationships between individuals, many of our ancestors to infectious communities, and the land and water diseases that they had no immunity Indeed, written and oral historical in shared spaces. or established remedies for. These records indicate that Indigenous included influenza, tuberculosis, peoples’ interest in entering into Such diplomatic practices follow measles, polio, diphtheria, and treaty-making was grounded in a dual from the recognition that living smallpox, among other diseases imperative. First, many Indigenous beings do not exist in isolation but are that were prevalent in Europe at the people saw the rapidly increasing interdependent on one another and time. The particular vulnerabilities presence of newcomers and wanted to the environments that surround us. of Indigenous populations were impose limits on settler actions in their In order to sustain these networks of recognized by settler officials, as territories. These actions included the interconnection, we may learn from evidenced in historical records liquor trade, exploitation of animal and contribute to the life of other such as Duncan Campbell Scott’s populations and the land, surveys and living beings but are not to interfere acknowledgment that, “The Indian is purported sales/purchases of territory, with their inner workings. This even more susceptible than his white and other actions being undertaken relationality is evident in the kinship neighbour to the deadly menace of this by settler individuals and officials that terms and metaphors that disease [tuberculosis].”11 Indigenous leaders wanted the Crown were often used in treaty negotiations to prevent. to symbolize notions of sharing, care, Further, the increase in newcomer and nurturance.13 populations and their wilful Second, with increases in settlement, exploitation of the buffalo, among Indigenous people sought to assert other vital sources of subsistence, their own authority and jurisdiction

8 Yellowhead Institute commissioners generally set it aside Canada has long refused to formally “...SUCH CONDITIONAL from the list of commitments recorded acknowledge that Indigenous people “BENEVOLENCE” in the text of treaties. have Aboriginal or Treaty rights to health, remaining unclear about BETRAYS THE NATURE For instance, in negotiating Treaty whether the provision of health 8, commissioners Laird, Ross, and services to Indigenous people flows OF TREATIES, WHICH McKenna indicated to Indigenous from policy, statute, or treaty.19 This people that “the Government was situates Crown treaty commitments as INDIGENOUS LEADERS always ready to give relief in cases of discretionary and contingent on social HAVE ALWAYS actual destitution, and that in seasons and political will. of distress they would without any UNDERSTOOD TO BE special stipulation in the treaty receive Yet, such conditional “benevolence” such assistance as it was usual to betrays the nature of treaties, which LIVING, ENDURING give in order to prevent starvation.” Indigenous leaders have always They continued: “We assured them, understood to be living, enduring AGREEMENTS.” however, that the Government would agreements. The intended continuity of always be ready to avail itself of any treaties is apparent in many references Treaties were not straightforward opportunity of affording medical that Indigenous signatories made to endeavors, as Indigenous service just as it provided that the their permanence, i.e. as long as the representatives sought to create physician attached to the Commission sun shines, waters/rivers flow, and arrangements for co-existence that should give free attendance to all the grass grows. By invoking the sun, Indians whom he might find in need water, rivers, grass, and even in some would forever alter their worlds, 17 precisely on the basis that the of treatment.” contexts, the rocks and mountains, agreements they were negotiating Indigenous peoples emphasized an should ensure, not intentionally Indigenous people have long argued understanding of human relations as constrain, the elements that they saw that the provision of medical care ever-lasting, growing, and flourishing. as necessary to secure a high quality is a right that was negotiated under Importantly, the notion of continuity of life for future generations.14 As the Numbered Treaties, and have also speaks to the ways in which Menno Boldt writes, “[The chiefs who demanded that the Crown honour this treaties were not static, one-time negotiated the treaties] strained to right from the period immediately transactions, but rather were intended peer over the horizon of their time to following the negotiation of Treaty to provide a framework that future see what their future needs for survival 1 onward. In 1873, in response to generations could draw on to govern and well-being as Indians would be in concerns advanced by signatories to the relationship. the emerging world.” 15 surrounding outstanding treaty promises that had not Treaties were negotiated precisely Throughout the course of treaty materialized, Canada appointed a because our ancestors wanted to negotiations, when pressed on Board of Indian Commissioners. ensure that future generations would the Crown’s intentions, Crown They ultimately recommended that, be able to turn to them in their efforts representatives assured Indigenous “without recognizing the alleged to maintain a high quality of life. populations to trust “the benevolence promises in their entirety, the Privy State neglect of this very important of the Queen,” responding to Council should announce to the dimension of treaties is even more Indigenous peoples’ concerns Indians, that […] the Governor glaring in moments when Indigenous surrounding ongoing famine and General in council had resolved, out people find the conditions necessary disease with assurances that, “the of the benevolence of Her Majesty, for our lives or livelihoods to be under Queen will take care of all her to give the Indians, parties thereto, as threat. In many ways, this pandemic children,” or that “she in her goodness a supplement to their existing lays bare the ongoing issues in the would give such help as she thought annuities and other benefits under the treaty relationship, in that efforts to the Indians needed.”16 While the Treaty, a number of articles including maintain the health and well-being question of Indigenous peoples’ future ‘a supply of simple medicines to be of Indigenous communities have quality of life, and the provision of aid provided for each Reserve, and place been, and continue to be, hamstrung in the custody of some suitable by a narrow and compartmentalized and assistance in times of need was 18 discussed during the negotiation of person.’” Of significance here is the conception of treaties and what treaty many of the Numbered Treaties (with framing of these concerns as ones relations and the obligations that flow many Indigenous people maintaining the Queen would attend to out of from them could and should entail or that these discussions were reflected benevolence or goodwill rather than as look like. in oral commitments), Crown part of legally and politically binding treaty agreements. COVID-19, the Numbered Treaties & the Politics of Life 9 “By invoking the sun, water, rivers, grass, and even in some contexts, the rocks and mountains, Indigenous peoples emphasized an understanding of human relations as ever-lasting, growing, and flourishing.

Importantly, the notion of continuity also speaks to the ways in which treaties were not static, one-time transactions, but rather were intended to provide a framework that future generations could draw on to govern the relationship.”

10 Yellowhead Institute PART 3 Treaty and the Politics of Life

BEYOND THE PROBLEM of temporary, discretionary, and conditional Crown interpretation of treaties, lie a plethora of ongoing issues arising from the compartmentalization of treaties and treaty rights. One of the most common approaches to the analysis of treaties within government is to divide treaties into disparate policy categories, such as education, justice, health, annuities, hunting and fishing, and so on.20

This follows the Crown’s initial Indigenous-Crown relationship that interpretation provide little more than approach in recording the text of arise from one-sided, Eurocentric legal recognition of the importance treaties, which compartmentalized interpretations of treaties, including of accounting for Indigenous dimensions of the treaty relationship Crown assumption of land cession, understandings of the terms of the into a list of distinct, fixed terms. Yet, issues in the federal/provincial “treaty transaction.”26 there were a number of principles relationship, the question of resources, and commitments articulated in the jurisdictional disputes and, of The compartmentalization of the oral discussions surrounding treaties particular relevance to the current treaty relationship, and the associated that, as John Borrows has argued discussion, questions of wellness and assumption that the Numbered with respect to the Treaty of Niagara, quality of life, remain outstanding. Treaties constitute transactions speaks more broadly to the nature of wherein land was exchanged for a the intended relationship.21 This has Broadly speaking, the goal of treaty distinct list of treaty terms, continues been true in relation to the Numbered interpretation, as described by the to limit Crown obligations but also Treaties as well, with Indigenous courts, is not to dwell on difference serves to contain the horizons of people pointing to the “spirit” of but to arrive at an interpretation Indigenous political mobilization. the treaty or a number of “outside of common intention that “best What we mean by this is that rather promises” that were discussed but not reconciles the interests of both parties than revisiting the nature of the recorded in the written text. at the time the treaty was signed.”25 current political relationship between The court’s approach fails to transform Indigenous people and the Crown Indeed, the courts have recognized the the treaty relationship; the relationship in accordance with Indigenous importance of looking to Indigenous remains configured, asit has always understandings of treaty, institutional oral histories when interpreting been, by the imperatives of settler efforts towards treaty implementation treaties22 and have articulated a nation-building and Indigenous have largely focused on the political number of principles in a theoretical oppression, and the horizons of treaty project of working towards garnering departure from “plain-text” readings.23 implementation are constrained by a common understanding of specific However, these principles are not the project of arguing for the broadest treaty obligations, discussing how always implemented in practice, and possible understanding of specific these translate to particular policy even in some instances when they treaty clauses on a case-by-case basis. areas, and undertaking a range of have been affirmed, these principles Instead of facilitating a move away educational initiatives. have not been reflected in the court’s from a transactional understanding judgments.24 Thus, many issues in the of treaties, the principles of treaty

COVID-19, the Numbered Treaties & the Politics of Life 11 “THE MUTUAL, LIFE-GIVING CHARACTER OF TREATIES EXTENDS TO MULTIPLE REALMS OF THE RELATIONSHIP AND EXCEEDS THE NOTION OF BASIC SURVIVAL...

WE ARE OF THE VIEW THAT THESE DISCUSSIONS CANNOT BE ADEQUATELY CAPTURED BY LITERAL INTERPRETATIONS OF SPECIFIC TERMS OF TREATY, OR BY ARGUING FOR A CROWN COMMITMENT TO THE PROVISION OF MEDICAL AID, BUT THAT THEY REPRESENT A “POLITIC OF LIFE” THAT WAS CONCEPTUALIZED MUCH MORE BROADLY BY INDIGENOUS NEGOTIATORS.

For instance, a 2010 impact evaluation records and communications from of the relationship and exceeds the of Treaty Commissions in Canada, Crown representatives indicate that notion of basic survival. It involves including Saskatchewan’s Office of the the imperative of survival, wellness, a commitment from the Crown to Treaty Commissioner and the Treaty and protection, both of human beings ensure the well-being of Indigenous Relations Commission of Manitoba, and the environments they inhabit, populations, many of whom were indicated that while both offices have are central dimensions of every experiencing rapid declines in found success in increasing public treaty relationship. These discussions physical health and high rates of awareness of treaties, in advancing include, but also exceed, the Crown death within their communities in partnerships with public and private commitment to provide basic medical the period leading up to negotiation sector organizations, and in creating care and assistance in times of need to of treaties. We are of the view that more respectful inter-societal Indigenous people. these discussions cannot be adequately relations, there have been captured by literal interpretations of “‘impediments to the commissions’ Discussions surrounding the well- specific terms of treaty, or by arguing work in improving relations or being and the quality of life of future for a Crown commitment to the resolving treaty issues between Canada generations, in particular, represent provision of medical aid, but that they and First Nations,” particularly recurring themes that were raised represent a “politic of life” that was with respect to the advancement of during the negotiation of each treaty. conceptualized much more broadly by Indigenous self-government.27 When negotiating treaties, many Indigenous negotiators. Indigenous leaders recognized that The impacts of these issues extend increased settler presence and the The disjuncture between the Crown’s broadly to all realms of the treaty accompanying decline of animal literal interpretation of provisions relationship, including the question populations, spread of disease, trade of relating to medical aid, and of Indigenous health and wellness. liquor, and other changes necessitated Indigenous understandings of the Within compartmentalized the development of new political many, interconnected, elements approaches to treaty interpretation/ agreements to govern the relationship necessary to maintain a healthy and implementation, healthcare is often with newcomers in ways that robust life are evident in the words of dismissed by the federal government would stand to benefit both parties. the late Elder Jimmy Myo: as outside of the treaty relationship, Ultimately, Indigenous people would despite ample evidence indicating agree to share the lands with settler […]when the white man came we started otherwise. While Treaty 6 is the only populations, entering into what having a lot of different diseases. People treaty with any written reference to Indigenous Elders describe as a were dying because these diseases the provision of medical care and aid “mutual life-giving relationship.”29 were new to us, and when the Queen’s in times of famine and pestilence,28 The mutual, life-giving character of representative came and made treaties oral histories and the surrounding treaties extends to multiple realms with us, the old man that was talking there

12 Yellowhead Institute […] told them […] “I have everything right face of changing circumstances now. See the buffalo. I have medicine. I as well. Unfortunately, the Crown “LAST WINTER WHEN have an old lady that will help cure my infrequently recorded these parts of SOME OF THE INDIANS disease. I have a medicine man, a doctor, the conversation, assuring Indigenous that will cure my disease. Are you going people that medical assistance and WANTED FOOD to replace them? These things that I have care would be provided as a matter were given to me by God, such as the law of course and did not need to be BECAUSE THE CROPS that was given to me by God. Do you think incorporated into the treaty. Indeed, you will be able to replace them?”30 Alexander Morris’ records of treaty HAD BEEN DESTROYED negotiations indicate that the Crown BY GRASSHOPPERS, Wellness, then, flowed from an committed to providing additional interconnected understanding of life aid in times of need even if these ALTHOUGH IT WAS and was conceptualized in a robust commitments were not included in way, where Indigenous communities the written text of the treaty that was NOT PROMISED IN THE would be able to sustain a high quality recorded by the Crown: “Last winter of life and an adequate livelihood when some of the Indians wanted food TREATY, NEVERTHELESS relative to newcomer populations. because the crops had been destroyed THE GOVERNMENT Importantly, in seeking commitments by grasshoppers, although it was not surrounding well-being and survival promised in the treaty, nevertheless SENT MONEY TO BUY from the Crown, Indigenous people the Government sent money to buy wanted to learn about the medical them food, and in the spring when THEM FOOD, AND IN THE knowledge and practices that many of them were sick a man was newcomers might bring, without sent to try and help them. We cannot SPRING WHEN MANY OF sacrificing their own pre-existing ones. forsee [sic] these things, and all I can THEM WERE SICK A MAN promise is that you will be treated Indeed, Saskatchewan’s Office of the kindly, and that in extraordinary WAS SENT TO TRY AND Treaty Commissioner wrote that, circumstances you must trust the “Cree Elders described Treaty First generosity of the Queen.”32 HELP THEM. Nations expectations of the Crown as analogous to their understanding In Treaties 1 and 2, Indigenous of me wut. Me wut was a medicine knowledge-holders have long argued WE CANNOT FORSEE bag which required the services of that medical aid was one of the a specialist with the knowledge to “outside promises” discussed during [SIC] THESE THINGS, properly administer the medicines […] treaty negotiations, but that did not For our Elders, the Crown undertaking get included in the initial text recorded AND ALL I CAN PROMISE meant a Crown commitment to by the Crown.33 Like in all treaties, provide and share with our Nations, all concerns surrounding the well-being IS THAT YOU WILL BE of the health resources and knowledge of current and future generations were TREATED KINDLY, AND available in Her realm.”31 Importantly, shared by Indigenous leaders, and in Western medical practices and fact this concern was the cause of an THAT IN EXTRAORDINARY knowledge were intended to contribute impasse on the fifth day of negotiating to, not supplant, Indigenous peoples’ Treaty 1, when some Indigenous CIRCUMSTANCES traditional medical practices which, negotiators threatened to leave due as Elder Myo’s insight illustrates, to the belief that “the treaty terms YOU MUST TRUST THE were interconnected with and indeed proposed by [Treaty commissioner GENEROSITY OF contingent upon the continuity of an Wemyss] Simpson would not benefit 22 entire way of life. them and would be insufficient to THE QUEEN.” sustain future generations of their In many ways, while the focus of some people.”34 On their part, Crown Indigenous leaders was on survival, representatives indicated to Indigenous especially in the face of disease negotiators that one of the Queen’s and starvation, Indigenous peoples intentions was to keep the Indians safe conceptualized treaty as more from “famine and distress,”35 and that than simply “surviving” — that is, the Queen “was willing to help the they wanted their people to flourish, Indians in every way.”36 or have a high quality of life, in the

COVID-19, the Numbered Treaties & the Politics of Life 13 SWEETGRASS STORE - SWEETGRASS FIRST NATION | HERE ON FUTURE EARTH, 2009 BY JOI T. ARCAND

In Treaty 4, Treaty commissioner the Indian peoples and the Queen’s treaty negotiations as well, and that the Alexander Morris, told the Indigenous representatives. Sewepiton spoke four association between treaty-making and peoples of the Qu’Appelle region about languages, Cree, Saulteaux, Assiniboine the provision of care was reinforced the “red men living in and and Blackfoot. He understood and related by the presence of physicians at many Ontario” who “are happy; instead of to me the different tribes’ comprehension treaty negotiations, an association getting fever in number by sickness of the meaning and terms of the treaty. which could be understood as they are growing in number” and the At the treaty assemblies, the Queen’s implying that medical assistance would Queen wanted Indigenous people in representative’s interpreter spoke Cree. accompany the treaty relationship into Treaty 4 territory, “to have the same Sewepiton understood that it was two the future.38 Additionally, Boyer further blessings.” Indigenous oral histories nations bargaining. It was one nation notes that the federal government has also indicate that the provision of asking for the approval and right to enter recognized in internal documents medicine and aid formed part of the land and the other nation agreed that similar verbal commitments were Treaty 4. For instance, the late Elder but only in exchange for certain rights made in Treaties 7, 8, 10, and 11.39 Gordon Oakes of the Nekaneet First which promises include education, tax exemption, medicine, and land. [...] The Nation, a record keeper for the Indian was negotiated less than a Queen’s representative told them that the version of Treaty 4, indicated: year after Treaty 6, and Indigenous future generations will continue to use the parties were facing similar contexts treaties and enjoy the treaty rights such I was educated by Sewepiton, who was of disease and starvation. In a report as education, and provisions in cases of present at the signing of Treaty No. 4 in compiled by Rev. C. Scollen, which famines, and pestilence.37 Fort Qu’Appelle, for the first thirteen years commissioner Laird included in the of my life. I did not attend a school during records preceding the 1876 negotiation that period and received my education Yvonne Boyer’s extensive research of Treaty 7, Scollen estimates that from in the traditional Indian way. Sewepiton on treaties in the realm of health has 1870 onward, the “disease so fatal to was already a young man in 1874 when he indicated that discussions surrounding Indians, the small-pox” resulted in attended the treaty assemblies between medical aid were raised during other a loss of between 600 to 800 lives.40

14 Yellowhead Institute When outlining reasons why he felt “LET US RECALL THAT TREATIES ARE NOT DESCRIBED that a treaty should be negotiated, Scollen wrote that the Blackfoot “have AT LENGTH BY ELDERS AS “SURVIVING AGREEMENTS,” an awful dread of the future.”41 Richard Price explains that Indigenous people THEY ARE DESCRIBED AS “LIVING, BREATHING of Treaty 6 and 7 generally approached AGREEMENTS” THAT ENTAIL A VISION NOT JUST OF treaty-making with the view that “the Queen had made a treaty to protect BASIC SURVIVAL, BUT OF A GOOD LIFE FOR THEIR and care for her indian subjects,” noting that “The Treaty 7 people have MEMBERS AND FOR GENERATIONS.” an even stronger belief [than the Treaty 6 people] in this purpose of the t re at y.” 42 Further, in negotiating Treaty In short, while “plain-text” readings or 2) a biological lens, which suggests 7, Laird told the Indians that, “The of treaty may suggest that the that Indigenous people negotiated Queen wishes to offer you the same as commitment to provide medical treaties in order to physically survive was accepted by the [Treaty 6] .”43 services and aid was only part in the face of famine, disease, and As previously mentioned, Treaty 6 is of Treaty 6, there is a significant death.48 Of course, both frames reflect well-known for its inclusion of written body of oral history and records of the context leading up to treaty clauses surrounding the provision communications that indicate that the negotiations and are thus central to of medical care and aid in times of Crown commitment to provide care their interpretation today, but it is famine and pestilence. and assistance, particularly in times also important to bear in mind that of exceptional need, were significant Indigenous peoples’ expectations In Treaty 8, the commissioners’ aspects of other treaties despite not in entering into treaty relationships report indicates that Indigenous being detailed in the written text. extended well beyond the desire parties also asked for “assistance in Further, there are innumerable to oppose immediate death, or to seasons of distress;” in response, the references that both Indigenous people ensure basic physical survival for a commissioners indicated that, “the and Crown commissioners made limited period in time. There are thus Government would always be ready during negotiation of the Numbered limits both to strictly economic and to avail itself of any opportunity of Treaties which affirm the Crown biological interpretations, as treaty affording medical service just as it commitment to ensure that Indigenous relations extend beyond the moments provided that the physician attached people would not just continue to of crisis and transition in which they to the Commission should give free physically survive, but to live well into were negotiated. attendance to all Indians whom he the future. might find in need of treatment.”44 Let us recall that treaties are not Indeed, with respect to Treaty 8, Price The constant references that described at length by Elders as notes that an “earnest appeal was Indigenous people made to “life” in “surviving agreements,” they are made for the services of a medical the negotiation of treaties, whether described as “living, breathing man” and that the commissioners’ referring to their expectation that agreements” that entail a vision not report indicates that “they made treaties would ensure good lives for just of basic survival, but of a good life significant verbal commitments in future generations or whether referring for their members and for generations. these areas” including but not limited to treaties as “living” agreements, Importantly, for Indigenous people, to the promise “that supplies of warrant further consideration within “a good life” does not occur in a medicine would be put in charge of the study and practice of treaty vacuum, but is intimately linked to persons selected by the Government implementation. To date, scholars the health and quality of relationships. at different points, and would be have interpreted this emphasis on the This is reflected in the Cree term distributed free to those of the Indians continuity of life through either: 1) miyo-wîcêhtowin, described by Treaty who might require them.”45 an economic lens, which suggests that Elders of Saskatchewan as reflecting and 11 also involved verbal discussions Indigenous people negotiated treaties the imperative to maintain good or surrounding the provision of medical to obtain a new livelihood or to secure positive relations with all our relatives, care and assistance.46 the necessary financial resources to now and into the future.49 ensure good life in the face of changing economic circumstances47,

COVID-19, the Numbered Treaties & the Politics of Life 15 Our ancestors persisted in the face of devastating circumstances to envision that better future. It is a vision that we maintain today, reflecting what Linda Tuhiwai Smith calls a, “language of possibility.”

At such an important time in our shared history, treaty can help us re-imagine new and healthy forms of relationships, new possibilities. PART FOUR Treaty and the Expansion of Political Horizons

THROUGHOUT THIS REPORT, we have drawn attention to the limits of treaty interpretation when narrowly construed. That is, we have argued that literal, and often compartmentalized, understandings of the Numbered Treaties can function to reinforce the suffering of Indigenous people by delimiting and in some cases, entirely obscuring, Crown obligations that flow from Indigenous understandings of the treaty relationship.

The politics of treaty interpretation needed to ensure Indigenous peoples’ of the specific and current are always important, but especially basic survival, but to maintain an vulnerabilities of Indigenous so in the current pandemic as they adequate quality of life during and populations relative to the spread of can serve to justify state neglect of its beyond periods of crisis. The approach disease, and in light of the current treaty commitments to Indigenous marks a break from treaty as a capacity and state of infrastructure in people who remain particularly mechanism for Canadian governments many Indigenous communities? vulnerable to disease.50 to extend and deepen their authority within Indigenous communities, and Yet, we are also of the view that towards an understanding of treaties “WHAT ARE political projects which depart from as representing a mechanism to hold a transactional, compartmentalized Canadian governments accountable THE FEDERAL understanding, and that engage more for living in a relation of care with robust and relational conceptions of Indigenous people, without infringing GOVERNMENT’S treaties, can contribute to a broadening upon our political authority and RESPONSIBILITIES of political horizons. That is, we are jurisdiction. interested in what possibilities arise IN LIGHT OF THE when both Indigenous and non- The Numbered Treaties entail a series Indigenous people move beyond of commitments from the Crown SPECIFIC AND CURRENT the view of the Numbered Treaties to ensure the ongoing well-being as land transactions, and towards and quality of life of treaty partners; VULNERABILITIES an understanding of treaties as recognition of this obligation allows OF INDIGENOUS representing a “politics of life” all treaty partners to think more advanced by Indigenous people.51 broadly about our own rights and POPULATIONS responsibilities as parties to treaty, This approach to treaty as well as the current expectations ...AND THE CURRENT implementation situates Indigenous that we have of the federal communities’ desire for aid and government. Understanding the CAPACITY AND STATE assistance under treaties as flowing Numbered Treaties as enduring, but OF INFRASTRUCTURE from a distinct political relationship also socially and politically situated with the Crown, one which gives rise life-giving relationships, may prompt IN MANY INDIGENOUS to obligations for the Crown to provide us to ask: what are the federal not the level of care and assistance government’s responsibilities in light COMMUNITIES?” COVID-19, the Numbered Treaties & the Politics of Life 17 Crucially, drawing a distinction political relationships with them. desperately seek in their relations between “basic survival” and “a good To work towards implementing treaty with Indigenous people, change life” illustrates the limitations of relationships between Indigenous and means revisiting and unsettling the interpretations of treaty that situate non-Indigenous peoples in contexts Eurocentric assumptions and narrow them as a means of “basic survival,” of ongoing settler , in conceptions of treaty that have for too whereby Indigenous people are, at best, particular, Indigenous people must long configured the ways in which provided with the resources to barely continue to advance a treaty politic treaty relationships, and their potential “get by.” This is just as true historically grounded in notions of accountability implementation, are understood. as it is during this pandemic. With and responsibility that flow from respect to the current crisis, we our own understanding of the treaty Benevolence, by and large, has certainly recognize that immediate relationships we inhabit. We must been and continues to be framed as financial supports are necessary to continually refuse the notion that state ensuring Indigenous people have “the meet the needs of Indigenous people responses to the current pandemic means to get by” while Canadians and communities, and acknowledge and other crises are “benevolent prosper. But it in no way resembles that the federal government’s delayed gestures” from the federal government what a shared relationship would provision of support and funding while it continues to disregard its actually look like: the flourishing of to Indigenous communities already treaty commitments and exploit life in sustainable ways for all. Instead dealing with limited capacity, severe treaty territories for development and of simply surviving, Indigenous infrastructure issues, and barriers to resource extraction. populations should be thriving in our accessing healthcare services, is an own lands. Our ancestors persisted in inadequate response. If we follow a conception of wellness the face of devastating circumstances and quality of life broadly defined, to envision that better future. It is Yet, we also call for more than a then advancing the question of a vision that we maintain today, “distinctions-based approach” from the health in a treaty context requires reflecting what Linda Tuhiwai Smith federal government. Uniform formulas both comprehensive actions to calls a “language of possibility.”52 cannot be applied to First Nations, meet the immediate needs of At such an important time in our Métis, and Inuit peoples, as even Indigenous communities but also shared history, treaty can help us within these categories Indigenous longer-term forms of change in the re-imagine new and healthy forms of people are differently situated political relationships between treaty relationships, new possibilities. vis-à-vis federal and provincial partners. Far from the “certainty” governments and occupy distinct that governments and industry so

18 Yellowhead InstituteTOWN HALL- MARCELIN, SASKATCHEWAN | HERE ON FUTURE EARTH, 2009 BY JOI T. ARCAND ENDNOTES

1 Office of the Treaty Commissioner, Treaty Table Meeting Other Information Relating Thereto (Toronto: Belfords, of the parties to the treaty at the time of negotiation (R. v. on Health, trans. from Saulteaux (: September Clarke & Co.,8 1880), 32. Hereafter abbreviated Morris Marshall, 1999). 1997), 359-362. Edited for brevity. 13 James Rodger Miller, Compact, Contract, Covenant: 24 Leonard I. Rotman, “Taking Aim at the Canons of 2 The Canadian Press Staff, “Indigenous people in big Aboriginal Treaty-Making in Canada (Toronto: University Treaty Interpretation in Canadian Aboriginal Rights cities feel excluded from federal aid for COVID-19 of Toronto Press, 2009); Sarah Carter, “Your Great Mother Jurisprudence,” in UNB LJ (1997), 46: 11. relief,” Montreal CTV News, April 21, 2020, https:// across the Salt Sea: Prairie First Nations, the British 25 R. v. Marshall [1999] 3 S.C.R. 456 at para. 78, 1999 SCC montreal.ctvnews.ca/indigenous-people-in-big- Monarchy and the Vice Regal Connection to 1900,” in 665. https://scc-csc.lexum.com/scc-csc/scc-csc/en/ cities-feel-excluded-from-federal-aid-for-covid-19- Manitoba History (Manitoba: Manitoba Historical Society, item/1739/index.do relief-1.4906289; see also John Borrows and Constance 2005), Autumn/Winter: no 48. 26 14 For instance, in Grassy Narrows the court considered Macintosh, “Indigenous communities are vulnerable in We resist the framing of Indigenous treaty negotiators as whether Indigenous understandings of the “taking times of pandemic. We must not ignore them,” The Globe having been deceived, misled, or unable to comprehend up clause” was originally intended to include federal and Mail, March 17, 2020, https://www.theglobeandmail. the complexity of European legal and political concepts approval when the provincial government “took up” com/opinion/article-indigenous-communities-are- as we are of the view that Indigenous negotiators Indigenous lands. Grassy Narrows First Nation v. Ontario vulnerable-in-times-of-pandemic-we-must/; see also understood the nature of the agreements they were (Natural Resources), [2014] 2 S.C.R. 447 at para. 3, 2014 Isadore Day, Grand Chief Wilton Littlechild et al., “Urgent entering into in accordance with their own legal and SCC 48. https://scc-csc.lexum.com/scc-csc/scc-csc/en/ resources for COVID-19 in Indigenous communities,” political traditions. item/14274/index.do petition, 2020, https://www.change.org/p/prime- 15 Menno Boldt, Surviving as Indians: The Challenge of 27 Canada. Indian and Northern Affairs Canada.Impact minister-trudeau-more-resources-for-covid-19-for- Self-Government (Toronto: University of Toronto Press, indigenous-communities-urgently-needed?signed=true Evaluation of Treaty Commissions. [Ottawa], February 1993), 40. 24, 2010, 24. https://www.rcaanc-cirnac.gc.ca/DAM/ 3 File Hills Qu’Appelle , FHQTC Leadership 16 Morris, 216. DAM-CIRNAC-RCAANC/DAM-AEV/STAGING/texte-text/ COVID-19 Live Update (Fort Qu’Appelle, SK: Facebook, 17 Morris quoted in René Fumoleau, As long as this land aev_pubs_ev_trc_1307369160774_eng.pdf March 20, 2020), Facebook live video, https://www. shall last: A history of Treaty 8 and , 1870-1939 28 The written terms recorded by the Crown include both a facebook.com/FHQTC/videos/684501122351349/ (Calgary: University of Calgary Press, 2004), 6: 87. “medicine chest” clause and a lesser-known clause called 4 , Forward: A real plan for the 18 , Indian Claims Commission “the famine and pestilence” clause. Treaty 6 reads: “In middle class (Ottawa: Federal Liberal Agency of Canada, Proceedings (Ottawa: Minister of Public Works and the event hereafter the Indians... being overtaken by any 2019), 61, https://2019.liberal.ca/wp-content/uploads/ Government Services Canada, 2001), 14: 51. http:// pestilence, or by a general famine, the Queen... will grant sites/292/2019/09/Forward-A-real-plan-for-the- publications.gc.ca/collections/collection_2012/gtrpc- to the Indians assistance... sufficient to relieve them from middle-class.pdf rsctc/RC12-1-2001-14-eng.pdf the calamity that shall have befallen them. A medicine 5 Ibid, 61. chest shall be kept at the house of each 19 Office of the Treaty Commissioner,Statement of Treaty 6 for the use and benefit of the Indians at the direction of Stephanie Dubois, “Maskwacis activates ‘medicine chest’ Issues: Treaties as a Bridge to the Future (Saskatoon: such agent.” The famine and pestilence clause declares treaty clause declaring state of emergency,” CBC News, Office of the Treaty Commissioner, 1998), 36. that steps shall be taken to relieve the Indians “from the March 24, 2020, https://ermineskin.ca/maskwacis- 20 See note 18 above. calamity that shall have befallen them in the event of activates-medicine-chest-treaty-clause-declaring-state- 21 pestilence or general famine.” Morris, 354-355. of-emergency-cbc-news/ For instance, Borrows argues that the Royal Proclamation represents only part of a treaty between Indigenous 29 Elder Norman Sunchild quoted in Treaty Elders Forum on 7 Jennifer Henderson, “Alexander First Nation declares peoples and the Crown, and the rest of the treaty is Thunderchild First Nation, Treaty 6, Jackfish Lake Lodge state of emergency,” St. Albert Today, March 25, 2020, contained in the 1764 Treaty of Niagara, which include (Cochin, SK: November 12, 1997), 3. https://www.stalberttoday.ca/local-news/alexander- conditions that “underpin the Proclamation and that lie 30 first-nation-declares-state-of-emergency-2198734; Office of the Treaty Commissioner, Treaty Table Meeting outside the bare language of the document’s words,” on Health (Saskatoon: Office of the Treaty Commissioner, 8 https://www.cbc.ca/news/canada/saskatchewan/ which assert a more comprehensive view of Indigenous September 1997), 354. covid-19-first-nation-peter-ballantyne-pelican- self-government. John Borrows, “Wampum at Niagara: 31 narrows-1.5506285; https://www.ctvnews.ca/ The Royal Proclamation, Canadian Legal History, and Office of the Treaty Commissioner, Statement of Treaty health/coronavirus/indigenous-communities-close- Self-Government,” in Aboriginal and Treaty Rights Issues: Treaties as a Bridge to the Future (Saskatoon: their-borders-in-hopes-of-preventing-covid-19- in Canada: Essays on Law, Equality, and Respect for Office of the Treaty Commissioner, 1998), 51. spread-1.4863166; https://www.cbc.ca/news/ Difference, ed. M. Asch (Vancouver: University of British 32 Morris, 211. canada/sudbury/first-nations-borders-checkpoints- Columbia Press, 1997),155. 33 law-1.5557691 22 For instance, in their claim to the Indian Claims In interpreting the terms of a treaty, the court has Commission, Elder Oliver Nelson reported that when 9 Perry Bellegarde, “The COVID-19 crisis on First Nations: recognized that “...verbal promises made on behalf his Misomis (grandfather) Assiniwinin was a young boy, a reminder of our inequality and an opportunity for of the federal government at the times the treaties he was selected to be a “promise keeper” for Treaty 1. change,” The Globe and Mail, April 6, 2020, https://www. were concluded are of great significance in their Assiniwinin indicated that one of the oral commitments theglobeandmail.com/opinion/article-the-covid-19- interpretation.” R. v. Badger [1996] 1 S.C.R. 771 at para. was the promise of medical aid, and that that some of crisis-on-first-nations-a-reminder-of-our-inequality- 55, 1996 SCC 236. https://www.canlii.org/en/ca/scc/ the medicine men were upset about this because, “they and/ doc/1996/1996canlii236/1996canlii236.html said that the Indian’s medicines were better that [sic] 10 Canada. Royal Commission on Aboriginal Peoples. 23 The courts have indicated that treaties are to be given the whiteman’s.” (Canada. Indian Claims Commission. Report of the Commission on Aboriginal Peoples (Ottawa: large, liberal and generous interpretations with any Roseau River Anishinabe First Nation Inquiry Report The Commission, 1996), 3: 103. ambiguities to be resolved in favour of Indigenous (2001), 19). Other relevant sources relating to the Crown 11 Duncan Campbell Scott, “The Canadian Indians and people. Furthermore, treaties are said to represent, commitment to Indigenous wellness in Treaties 1 and the Great World War,” cited in Keith Smith, ed. Strange “an exchange of solemn promises between the Crown 2 include the “Prince affidavit” signed by Indigenous Visitors: Documents in Indigenous-Settler Relations in and Aboriginal Peoples,” no “sharp dealings” are to be parties who were present at Treaty 1 shortly after it was Canada from 1876 (Toronto: University of Toronto Press, sanctioned, and any ambiguities “must be resolved in concluded. This affidavit lists the verbal promises Crown 2014), 206. favour of [Indigenous parties to treaty]” (R. v. Badger, treaty commissioners made but did not write down in the 1996). Finally, treaties must be understood in light of text of the treaty. (Affidavit of David Prince, James Setter 12 Alexander Morris, The Treaties of Canada with the historical and cultural context, and with adequate regard Sr, Henry Chief, Thomas Flett, William Bear, and Thomas Indians of Manitoba and the North-West Territories: for extrinsic evidence such as oral accounts, and must be Spence, (December 30, 1872), Canada. Parliament. Including the Negotiations on which they are Based, and interpreted in a way that is consistent with the interests Sessional Papers, (Ottawa: 1873), No.23, “Annual

COVID-19, the Numbered Treaties & the Politics of Life 19 Report of the Department of Indian Affairs for the year on , which makes a similar argument regarding 47 Frank Tough, As their Natural Resources Fail: Native ended 30 June 1872,” p. 9 (Indian Claims Commission the presence of medical doctors at treaty negotiations. Peoples and the Economic History of Northern Manitoba, Proceedings, 2001: 92). Other evidence includes Deputy John S. Long Treaty No. 9: Making the agreement to share 1870-1930 (University of Press, 2011). Superintendent Spragge’s 1873 direction to Provencher to the land in far northern Ontario in 1905 (McGill-Queen’s See also: Kerry Abel and Jean Friesen, eds. Aboriginal “provide medicines for the sick” in response to Indigenous Press-MQUP, 2010). resource use in Canada: Historical and legal aspects concerns over outstanding treaty promises that had not (Winnipeg: University of Manitoba Press, 1991), 39 Canada. Report of an Interdepartmental Working Group been fulfilled. William Spragge, Deputy Superintendent volume 6. General of Indian Affairs, to J.A.N. Provencher, Indian to the Committee of Deputy Ministers on Justice and Legal 48 Commissioner, July 18, 1873, NA, RG 10, vol. 747, reel Affairs, as cited in Boyer, (2003) 20. James William Daschuk, Clearing the plains: Disease, politics of starvation, and the loss of Aboriginal life C7408 (Indian Claims Commission Proceedings, 2001: 40 Morris, 248. 123–25). See also Elder Peter Atkinson’s observation that (Regina: University of Regina Press, 2013), volume the three main things that Indigenous people entered into 41 Ibid. 65. See also James Rodger Miller, Compact, contract, covenant: Aboriginal treaty-making in Canada (Toronto: Treaty 1 for “were health, education, and shelter.” (cited in 42 Aimée Craft. Breathing Life into the Stone Fort Treaty: An Richard Price, ed. The spirit of the Alberta Indian treaties University of Toronto Press, 2009); among many others. Anishnabe Understanding of Treaty One (Vancouver: UBC (: University of Alberta, 1999), 98. 49 Harold Cardinal and Walter Hildebrandt, Treaty elders of Press, 2013), 107). 43 Morris, 268. Saskatchewan: Our dream is that our peoples will one day 34 be clearly recognized as nations (Calgary: University of Indian Claims Commission Proceedings, 2001: 24. 44 René Fumoleau, As long as this land shall last: A history of Calgary Press, 2000), 14. 35 Ibid, 21. Treaty 8 and Treaty 11, 1870-1939 (Calgary: University of Calgary Press, 2004), 6: 87. 50 Further, many Indigenous communities have low capacity, 36 Canada. Province of Manitoba. “Adams G. Archibald, are located at a distance from health care services and 45 Price, 81, 98. Lieutenant Governor of Manitoba” in Manitoban essential supplies, and also have a number of barriers (Manitoba: August 2, 1871). 46 The negotiation of Treaty 10 took place in stages, such as overcrowded housing and a lack of access to clean water, which can make preventative and mitigating 37 Delia Opekokew, “The Nature and Status of the Oral and when Borthwick, the local Indian agent who was measures challenging to implement. Promises in Relation to the Written Terms of the Treaties” appointed to conclude negotiations that began the previous year, visited some of the Treaty 10 communities in Royal Commission on Aboriginal Peoples (Ottawa, 51 Mariana Mora, Kuxlejal Politics: Indigenous Autonomy, who had already signed the treaty, he was asked by Chief 1993), 23. http://data2.archives.ca/rcap/pdf/rcap-143. Race, and Decolonizing Research in Zapatista Apisis, “that the government honour its pledge to provide pdf Communities (Texas: University of Texas Press, 2017). medical assistance.” Kenneth Coates and William R. This framing is inspired by Mariana Mora’s book Kuxlejal 39 Yvonne Marie Boyer and National Aboriginal Health Morrison. Treaty Research Report: Treaty No. 10 (1906). Politics: Indigenous Autonomy, Race, and Decolonizing Organization, Aboriginal health: A constitutional rights Canada. Treaties and Historical Research Centre, Indian Research in Zapatista Communities (Texas: University of analysis (Saskatoon: 2003), 21. See also Dr. T. Kue and Northern Affairs Canada, [Ottawa] 1986), 26. In Texas Press, 2017). Kuxlejal is a Mayan Tseltal word that Young’s 1984 article which indicates that there was Treaty 11, Crown negotiators indicated that, “it was translates roughly to “life” or “life-existence.” probably discussion of health services during the signing impossible for the Government to furnish regular medical of Treaties 8, 10 and 11, even though no references attention, when they were occupying such a vast tract of 52 Linda Tuhiwai Smith, Decolonizing methodologies: to health care were included in the written treaties. territory” but that “supplies were left at each point for the Research and Indigenous peoples (New York: Zed Books Dr. T. Kue Young, “Indian health services in Canada: A sick and destitute.” https://www.tlicho.ca/sites/default/ Ltd., 1999), 194. sociohistorical perspective,” in Social Science & Medicine files/documents/government/Treaty%2011.pdf 18, (1984) 3: 257-264. See also John Long’s research

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