Interpretation of Treaties with Indigenous Peoples

AuthorSusan Barker, Erica Anderson
Pages184-196
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 oen provinces
and territories that dene 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 constitutionay “recognized
and armed”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.
Ideay, when the courts are considering the meaning of a treaty,
both parties’ understanding of the terms of the treaty should be con-
sidered equay. 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 Aairs 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, c11.

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