Partnerships, autonomy, key to moving forward, experts say
CBC News: Treaty experts are calling on the new Alberta government to uphold and strengthen obligations under Treaty 6, 7 and 8. MLAs with the new UCP government were reminded of those responsibilities as they were sworn in last week.
“The Confederacy of Treaty Six First Nations reminds Alberta MLAs and Premier Smith of their obligations to treaty,” said Confederacy of Treaty Six First Nations Grand Chief Leonard Standingontheroad, during the swearing-in ceremony last Tuesday.
Treaty obligations outlined by Standingontheroad included the medicine chest clause or “universal health care, assured to First Nations free of cost” as well as rights around education, fishing, hunting, minerals and clean drinking water. “We are all treaty people,” Standingontheroad said. “We all agreed to share this land and respect treaty between our peoples.”
‘First law of this land’
Obligations held by the Crown were inherited by Canada and the provinces in the patriation of the Constitution in 1982.
But the treaties themselves are based on Indigenous laws that have existed for thousands of years, said Janice Makokis, a treaty educator and Indigenous legal scholar. “The treaties are the first law of this land and there’s a huge misconception that they’re a part of the past, but they’re not, they are here, they’re living, they’re breathing and they will continue into eternity,” Makokis said.
Makokis said she will be watching for several things in the upcoming legislative session. She said she has concerns about private health care, which could violate the medicine chest clause. She will also be watching to see whether Alberta Education’s revised curriculum teaches children that they live on treaty territory.
She added under the treaties, land development requires free and informed consent while ensuring a fair share of profits go to Indigenous people. “In that treaty relationship, you can see how if provinces are passing laws in relation to water, lands, industry, health care, education — they all will impact the treaty promises that we understood when we entered into treaty with the imperial Crown,” Makokis said.
Autonomy and true partnerships are key in the treaty process, according to Matthew Wildcat, an assistant professor of Native Studies at the University of Alberta and a member of Ermineskin Cree Nation. “The greatest success we’re going to find is by Indigenous Peoples having successful institutions, which are able to do things like operate children service authorities, operate school systems, provide primary health care,” Wildcat said.
“So there’s all sorts of little things that provinces are going to do in order to support Indigenous peoples in our own efforts to build up our institutions.”
A telling marker of that success is measured in the most basic indicators such as life expectancy rates, high school completion rates and employment, Wildcat said.
Prior to his new role as an NDP MLA for Edmonton-West Henday, lawyer Brooks Arcand-Paul used his legal and traditional knowledge to advocate for treaty rights.
Arcand-Paul’s great, great, great grandfather was a chief and signatory to Treaty 6 at Fort Edmonton. “These foundational documents which formed our country and formed this province are really foundational to our existence here,” Arcand-Paul said in an interview Monday.
He said treaty extends well beyond human relations, to the relations with all living beings and the earth. “We have an obligation to make sure that it is protected, that we have water and air to breathe and water to drink and land to live on,” Arcand-Paul said. “And then once we don’t have those, then we’ve failed our treaty responsibilities to each other and in fact, treaty can’t exist without those things.”
With those treaty obligations in mind, Arcand-Paul says he will focus on addressing issues such as drug poisonings and homelessness, as well as challenging the Sovereignty Act, which he says Indigenous people were not adequately consulted on.
The Alberta government declined CBC’s interview request, but said in a statement that the province is committed to continuing its collaborative work with Indigenous Peoples. “Developing and maintaining a strong relationship with the Indigenous Peoples of Alberta is a top priority for Alberta’s government,” wrote Indigenous Relations Minister Rick Wilson in an emailed statement.
“Working in collaboration with Treaty 6, 7 and 8 is important in moving forward with reconciliation in the front of mind. We are committed to continuing this collaborative work. Indigenous Peoples are our partners in prosperity, and we want to ensure this important partnership thrives and continues to help us all move forward to a brighter, more prosperous future.”
Andrea Huncar, Reporter
Andrea Huncar reports on human rights and justice. Contact her in confidence at andrea.huncar@cbc.ca