Aboriginal Treaties One of the Research Proposal

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The historical problems associated with upholding the treaties centers on the Canadian legal systems confused view of them -- it is not clear whether the treaties amounted to legally binding contracts with the established Canadian government or not. In addition, the definition of the various Aboriginal peoples with whom the treaties were made as nations or not is hugely determinative in the legality of these treaties and the ability of either party to enforce the provisions of them.

Especially important in the interpretation of the historical treaties is their treatment of rights and ownership to land. Aboriginal peoples have put forth many valid claims that the treaties that seem to take away all rights they have to their ancestral lands are indeed not valid treaties. More recent interpretations of the spirit of the treaties have determined that their only legal purpose could have been to ensure fair and equal access to the land for both the Aboriginals and the settlers.

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This was very likely not the original intent of the treaties, but is a much more equitable -- and arguably more legal -- interpretation and application of them in the modern world.

Treaties in the modern era, the author suggests, should be viewed as ongoing dialogues between the Canadian government and the Aboriginal entities or nations also concerned with their effects. To this end, permanent and regional-specific treaty commissions are suggested as replacements for existing treaties: "What is required is the creation of an environment that will promote and permit treaty processes to succeed." The changing populations of both Aboriginals and European "settlers" in the modern era require a dramatic reappraisal not only of the current situation, but also of the historical context from whence the current situation springs. The concept of nations and entities which may enter treaties must be adjusted to incorporate current cultural thinking......

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