Week #3: Indigenous Sovereignty and Treaties

Territorial acknowledgement

A statement recognizing Indigenous peoples as the original stewards of the land

State (Max Weber)

The entity that successfully claims a monopoly on the legitimate use of physical force within a territory

Nation

A group of people connected by shared language, culture, kinship, and territory

Multinational state

A state containing multiple nations within its borders

Sovereign

In autocracies, the ruler with absolute power over life and death

Sovereignty

The authority to govern; understood as a claim rather than a fact

Sovereignty as a claim (Peter Russell)

A human-made claim that depends on internal and external acceptance

Internal acceptance

When people accept the authority of a governing power

External acceptance

When other states recognize a claim to sovereignty

Modern state system

Emerged in Europe after the Peace of Westphalia (1648)

Peace of Westphalia

Established principles of territorial integrity and non-interference

Westphalian sovereignty

The idea that states have exclusive authority within their territories

Colonialism

The invasion, annexation, and control of foreign territories and peoples

Settler-colonialism

A permanent colonial system aimed at replacing Indigenous societies

Key feature of settler-colonialism

Focus on land access and elimination of Indigenous governance

Nation-state

A political entity linking a nation to a sovereign state

Stateless nation

A nation without its own sovereign state

Indigenous sovereignty

Sovereignty rooted in Indigenous governance, law, and relationships to land

Key feature of Indigenous sovereignty

Never extinguished despite settler-colonialism

Indigenous political-economic principles

Guided by reciprocity, sustainability, and collective responsibility

Anishinaabe clan system

An Indigenous governance structure organizing political and social life

Treaty

A formal agreement between nations that establishes relationships and obligations

Pre-contact treaties

Agreements made among Indigenous nations before European arrival

Indigenous treaties

Rooted in Indigenous worldviews and creation stories

Dish With One Spoon Treaty

A peace and sharing agreement among Indigenous nations in the Great Lakes region

Dish With One Spoon principle

Shared territory requires mutual care so resources are not depleted

Meaning of “one spoon”

No hoarding, violence, or harm in shared territory

Shared jurisdiction

The idea that multiple nations can govern the same land peacefully

Two Row Wampum

A treaty symbolizing parallel coexistence between Indigenous peoples and Europeans

Two Row Wampum canoe

Represents Indigenous peoples, governance, and way of life

Two Row Wampum ship

Represents Europeans and their governance systems

Meaning of parallel rows

Neither group interferes with the other; equality and respect

Doctrine of Discovery

A European legal doctrine justifying colonial land claims

Doctrine of Discovery premise

Indigenous peoples were seen as inferior and lacking sovereignty

Terra nullius

The idea that land was legally empty or unused

ICJ ruling on terra nullius

Repudiated in 1975

Hudson’s Bay Company Charter (1670)

Granted trade and governance authority over Rupert’s Land

Rupert’s Land

Territory draining into Hudson Bay claimed by the HBC

Fur trade

The first so-called Canadian economy dominated by European demand

Indigenous role in fur trade

Essential partners, not passive participants

Métis nation

A distinct nation formed from Indigenous and European fur trade relations

Royal Proclamation of 1763

Recognized Indigenous nations and required treaties for settlement

Key importance of Royal Proclamation

Acknowledged Indigenous land rights and consent

War of 1812

Conflict where Indigenous peoples fought to defend sovereignty

Residential schools

Part of settler-colonial policies aimed at assimilation

Hudson’s Bay Company Transfer (1870)

Sale of Rupert’s Land to the Crown, then Canada

Numbered treaties

Treaties used by Canada to facilitate nation-building

Indigenous view of treaties

Sacred peace agreements made in good faith

Crown view of treaties

Tools for settlement and territorial expansion

Key takeaway

Sovereignty, nationhood, and treaties predate and challenge the Canadian state