Historical Treaties entered into with Indigenous peoples are often a source of conflict. This conflict is connected to treaty implementation, which tends to be at the sole discretion of the domestic jurisdiction. Accordingly, a one-sided interpretation of a two-sided agreement is a problematic approach. This thesis will explore key concepts of Indigenous law, in relation to the historical Treaties made with the Crown. Particular emphasis will be on the Anishinaabe in Treaty No. 3 in Turtle Island, the State now known as Canada. Indigenous law will be grounded in widely accepted international law principles, which may allow for further insight by the Treaty partners. Through grounding the Indigenous perspective of the true spirit and original intent of the Treaties, explanation can be drawn out and further understanding between the parties will occur. Mutual understanding, along with respect, is part of the foundation to the reconciliation process of the relationship between Indigenous and non-Indigenous peoples. / February 2016

Throughout the history of the North West, Metis people frequently used their knowledge of European, Indian, and Metis culture to mediate Aboriginal and non-Aboriginal social, diplomatic, and economic encounters. Though acknowledged in Metis historiography, this aspect of Metis identity has not been the focus of scholarly analysis, which has primarily centred on Louis Riel, Metis resistance, and ethnogenesis. By closely examining the primary documents, it is evident that the Metis interpreters present at Treaties 1 through 7 were more than merely translators. Prior to negotiations these Metis had interacted with First Nations in a variety of ways, whether in the fur trade or in missionary endeavours. Metis people were well versed in Aboriginal language and cultural traditions, skills they had employed successfully in Rupert's Land prior to 1870.<p> In drawing upon this amicable relationship between Metis and First Nations, Canadian officials in the North West recognized the positive effect of personal diplomacy on securing First Nations signatures to the treaty documents. In this thesis many examples will demonstrate that the actions of Metis people were critical in preventing violence between groups, thereby enabling the treaty process to begin. These Metis individuals moved within a middle ground of context that developed in the era prior to the 1870's, thus indicating a measure of continuity between the pre- and post transition period in the Canadian West.

Throughout the history of the North West, Metis people frequently used their knowledge of European, Indian, and Metis culture to mediate Aboriginal and non-Aboriginal social, diplomatic, and economic encounters. Though acknowledged in Metis historiography, this aspect of Metis identity has not been the focus of scholarly analysis, which has primarily centred on Louis Riel, Metis resistance, and ethnogenesis. By closely examining the primary documents, it is evident that the Metis interpreters present at Treaties 1 through 7 were more than merely translators. Prior to negotiations these Metis had interacted with First Nations in a variety of ways, whether in the fur trade or in missionary endeavours. Metis people were well versed in Aboriginal language and cultural traditions, skills they had employed successfully in Rupert's Land prior to 1870.<p> In drawing upon this amicable relationship between Metis and First Nations, Canadian officials in the North West recognized the positive effect of personal diplomacy on securing First Nations signatures to the treaty documents. In this thesis many examples will demonstrate that the actions of Metis people were critical in preventing violence between groups, thereby enabling the treaty process to begin. These Metis individuals moved within a middle ground of context that developed in the era prior to the 1870's, thus indicating a measure of continuity between the pre- and post transition period in the Canadian West.

Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development. / May 2017