(Photo: Saskatchewan Treaty Commissioner, Dr. Kathy Walker: Carol Baldwin, Local Journalism Initiative Reporter)
By: Carol Baldwin, Local Journalism Initiative Reporter
“The OTC works to provide information about treaty relationships and is working on a Vision of Reconciliation for Saskatchewan” (otc.ca)
Dr. Kathy Walker, Treaty Commissioner of Saskatchewan, met with the PRRC on February 26th to discuss the creation and role of the Office of the Treaty Commissioner (OTC). The OTC was established in 1989 through the collaborative efforts of the Federation of Sovereign Indigenous Nations (FSIN) and the Government of Canada, recognizing a significant lack of understanding regarding treaties. FSIN represents 74 First Nations in Saskatchewan and is dedicated to protecting the spirit and intent of the Treaty promises.
Treaties are recognized at three different levels of law. First, they are acknowledged in First Nations law. Second, they are considered constitutional law in Canada, as they have protection under Section 35 of the Constitution Act of 1982. Third, they are recognized under international law through the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Additionally, the Supreme Court of Canada has acknowledged several principles related to treaties, especially regarding their interpretation, optimization, and recognition of treaty rights.
A large portion of the current province of Saskatchewan falls under Treaty 6, which was signed by First Nations and the Crown 149 years ago, hence the recognition that this is Treaty 6 territory. Treaty 6 covers a huge landmass that is closely equivalent to the size of present-day Poland. There were two treaty-signing sites in the territory: Fort Carlton and Fort Pitt. The big sesquicentennial commemoration of the Treaty signing and the OTC and Treaty 6 First Nations are looking forward to significant ceremonies to mark the anniversary. Last year marked 150 years since the signing of Treaty 4, and this year is 150 years since the signing of Treaty 5.
Before the Office of the Treaty Commissioner was established in 1989, there was a significant gap between how the Crown and First Nations (FN) interpreted the Treaties. The federal and provincial governments, representing the Crown, viewed the treaties solely as written documents. In contrast, FN and treaty elders believed that the treaties encompassed much more than just text. They maintained that there has always been an oral history surrounding the treaties, emphasizing that they represented a deeper understanding.
The treaties followed traditions that have been passed down through generations, involving verbal agreements, ceremonies like the smoking of the pipe, and other cultural practices that the FN brought to the treaty process. These treaties were more than mere words on paper.
Recent research has shown that the content of the written treaties, especially in the cede and surrender clauses, was often not communicated properly, or at all, to those who signed them at the time. There is now a wealth of supporting information available from secondary sources, including the records of treaty commissioners, priests’ logs, and RCMP journals, which corroborate the oral history. The convergence of oral traditions and written accounts has strengthened the shared understanding of the treaties. The Office of Treaty Commissioner (OTC) was established to promote collaboration between the parties involved, focusing on the true spirit and intent of the treaties. When discussing this spirit and intent, it is essential to consider the context and nature of the treaties beyond just their written text.
A significant issue in 1989 was the concept of treaty land entitlement. During treaty negotiations, promises were made to First Nations regarding a specific amount of land that would be held in reserve. However, the actual amount of land allocated fell short of what was promised. This discrepancy was a common complaint from every First Nation in Saskatchewan.
Treaty Land Entitlement (TLE) claims and settlements do not impact any other Treaty rights because the TLE does not include extinguishment clauses as part of the agreements. The TLE required a consensus between FN and the Crown on a fair formula to address the outstanding FN treaty land entitlement. Some FN have gone through the TLE compensation process, but it is lengthy and often frustrating. After finally getting some compensation, several FN found there was no Crown land available and no private land either. Even with money in hand, it was difficult to purchase private land because sellers did not want to sell to them.
When the formula for the TLE was agreed upon between First Nations and the Crown, it was a monumental achievement at the time. It required legislative change; the Natural Resources Transfer Act of 1930 had to be amended, and the province had to come on board and support it as well. It was actually under Alan Blakeny in the 70s, when David Ahenikew was chief of FSIN, that the groundwork was laid. There were years and years of work, and then a change in government where things stalled, and then Roy Romanow came into office and got the job done. When it was all approved and finalized, the then-Prime Minister, Brian Mulroney, the premier of the day, Roy Romanow, and Chief Roland Crowe, chief of FSIN, held a signing ceremony at Wanuskewin. Assisting in making that agreement a reality was one of the first big accomplishments of the OTC.
Treaty Land Entitlement and the Agriculture Benefits claims, referred to in colloquial terms as the ‘Cows and Plows,’ which is so much in the news at present, are often confused, but are two separate things. Agricultural equipment and supplies, such as livestock, were identified as a one-time allocation to First Nation members in the Treaties. Promises were made to FN to help them transition their way of life and participate in the local economy of the time, namely agriculture, because the buffalo had been all but eliminated, however, that was another agreement that was never honoured. If a FN received any agricultural equipment, it was frequently broken or otherwise useless. The current Agriculture Benefits claims are meant to account for the wealth that those FN could have generated for themselves had those obligations been honoured under the terms of the treaty.
Saskatchewan established the very first Office of the Treaty Commissioner (OTC), driven in part by the Federation of Sovereign Indigenous Nations’ (FSIN) belief that an office dedicated to treaty fulfillment was the best way to foster collaboration between parties. Inspired by this initiative, Manitoba advocated for the creation of a similar office in their province. Fast forward 36 years, and the primary role of the OTC remains to bring together the Crown and Indigenous governments to discuss treaties and related issues, facilitating a common understanding among them. The OTC provides context papers, research, recommendations, and options to assist the parties in reaching agreements on various topics that they believe warrant discussion at the Treaty Table.
The Treaty Table is organized and called by the OTC in collaboration with the Crown and First Nation leaders. The Saskatchewan government does not see that it needs a seat at the table. Treaties, they argue, were signed with the federal government before the province existed. However, the division of power between federal and provincial governments is increasingly blurred as time passes, and without both levels of government participating, the debate over jurisdictional responsibility continues, often to the detriment of FN treaty rights. The Treaty Table has not met for a couple of years since the former Commissioner concluded nothing was getting done because the right people were not coming to the table. The crown representatives had no decision-making powers and instead needed to “take it back to the minister.” Walker stated that as she has taken over the Commissioner’s role, she wants to reinvigorate the Treaty Table and have everyone come to the table once a year, but she acknowledges that she is “getting a lot of pushbacks,” which is somewhat indicative of relations between the parties.
The province collaborates with the OTC on Treaty education and certain initiatives, but there are other matters they will not discuss at the Treaty Table. The Saskatchewan government defines itself as “active observers” rather than participants in the treaty relationship. The active-observer status is seen as a form of insulation, in theory, that protects from any actual legal or constitutional obligations.
The OTC advocates the treaty relationship primarily through education, acting as consultants in collaboration with various groups such as the Saskatchewan School Boards Association and the Western Development Museum, as well as participating in the Treaty Table. The OTC is guided by an elders’ council, a Chiefs’ committee, and a treaty governance committee through the FSIN. Walker believes that reconciliation circles should also have a voice in the work of the OTC. These circles consist of community, municipal, and organizational leaders who are committed to driving change and advocating for the government to recognize its role as a Treaty partner rather than just an observer.
The mandate of the Office of the Treaty Commissioner (OTC) has evolved significantly since its establishment 36 years ago. In 1989, the focus was primarily on the Treaty Land Entitlements, but today, the mandate is much broader. Guided by the principles outlined by the treaty partners, the current mandate is to facilitate the treaty relationship between the Crown and treaty First Nations following the true spirit and intent of the treaties. Furthermore, the OTC aims to advocate for and strengthen the relationship between First Nations and non-First Nations people in Saskatchewan, promoting a collective response among the province’s citizens to support a shared future.
“Reconciliation is about exploring the past and choosing to build a better future.”
More information on the Office of the Treaty Commissioner can be found at https://www.otc.ca/pages/get_informed.html.