The Government of Canada and the courts understand treaties between the Crown and Aboriginal people to be solemn agreements that set out promises, obligations and benefits for both parties.

Starting in 1701, in what was to eventually become Canada, the British Crown entered into solemn treaties to encourage peaceful relations between First Nations and non-Aboriginal people. Over the next several centuries, treaties were signed to define, among other things, the respective rights of Aboriginal people and governments to use and enjoy lands that Aboriginal people traditionally occupied.

Treaties include historic treaties made between 1701 and 1923 and modern-day treaties known as comprehensive land claim settlements.

The Royal Proclamation of 1763 and the Pre-Confederation treaties

In the 18th Century, the French and British were competing for control of lands in North America. The two colonial powers formed strategic alliances with First Nations to help them advance their respective colonial interests in the continent. For example, in what are now New Brunswick and Nova Scotia, the British made a series of “Peace and Friendship” treaties with the Mi’kmaq and Maliseet tribes between 1725 and 1779.

By the early 1760s, the British had established themselves as the dominant colonial power in North America. The British Royal Proclamation of 1763 prohibited the purchase of First Nation lands by any party other than the Crown. The Crown could purchase land from a First Nation group that had agreed to the sale at a public meeting of the group.

Several treaties were signed after the Royal Proclamation and before Confederation in 1867. These include the Upper Canada Treaties (1764 to 1862) and the Vancouver Island Treaties (1850-1854). Under these treaties, the First Nations surrendered interests in lands in areas of what are now Ontario and British Columbia, in exchange for certain other benefits, that could include reserves, annuities or other types of payment, and certain rights to hunt and fish.

Historic treaties after Confederation

Between 1871 and 1921, the Crown entered into treaties with various First Nations that enabled the Canadian government to actively pursue agriculture, settlement and resource development of the Canadian West and the North. Because they are numbered 1 to 11, the treaties are often referred to as the “Numbered Treaties.” The Numbered Treaties cover Northern Ontario, Manitoba, Saskatchewan, Alberta, and portions of the Yukon, the Northwest Territories and British Columbia.

Under these treaties, the First Nations who occupied these territories ceded vast tracts of land to the Crown. In exchange, the treaties provided for such things as reserve lands and other benefits like agricultural equipment and livestock, annuities, ammunition, gratuities, clothing and certain rights to hunt and fish. The Crown also made some promises regarding the maintenance of schools on reserves, or the provision of teachers or educational assistance to the First Nation parties to the treaties. Treaty No. 6 included the promise of a medicine chest.

Modern treaties — comprehensive claims

Comprehensive land claim settlements deal with areas of Canada where Aboriginal people’s claims to Aboriginal rights have not been addressed by treaties, or other legal means. The first of these modern-day treaties was the James Bay and Northern Quebec Agreement, signed in 1975. To date, the federal government has settled 13 comprehensive claims with Aboriginal people in Canada.

Treaty rights already in existence in 1982 (the year the Constitution Act was passed), and those that arose afterwards, are recognized and affirmed by Canada’s Constitution.

Canadian Treaties Timeline