Interpretation of Treaties with Indigenous Peoples
Author | Susan Barker, Erica Anderson |
Pages | 184-196 |
184
chapter nine
Interpretation of Treaties with Indigenous
Peoples
Treaties with Indigenous peoples are “are agreements made between
the Government of Canada, Indigenous groups and oen provinces
and territories that dene ongoing rights and obligations on a
sides.”1 ere are two (or more) equal partners to every treaty, as treat-
ies were, and are, “the primary means by which diplomatic relations
were conducted between Britain [and then Canada] and Aboriginal
peoples.”2 In addition, treaty rights are constitutionay “recognized
and armed”3 by section 35 of the Canadian Constitution. As with
statutes, if there is disagreement about the meaning of a treaty, the
courts wi be expected to interpret that meaning.
Ideay, when the courts are considering the meaning of a treaty,
both parties’ understanding of the terms of the treaty should be con-
sidered equay. However, this has not always been the case. As Bor-
rows and Rotman note:
1 Government of Canada, “Treaties, Agreements and Negotiations,” online:
Crown-Indigenous Relations and Northern Aairs Canada www.rcaanc-cirnac.gc.ca/
eng/1100100028574/1529354437231.
2 John J Borrows & Leonard I Rotman, Aboriginal Legal Issues: Cases, Materials &
Commentary, 5th ed (Markham, ON: LexisNexis Canada, 2018) at 281 [Borrows &
Rotman, Aboriginal Legal Issues].
3 Constitution Act, 1982, s 35, being Schedule B to the Canada Act 1982 (UK), 1982, c11.
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