2.3 INST 203 Questions and Answers Verified
by Experts
What four points does Leroy Little Bear use to describe what Indians surrendered in the Treaty
negotiations? Land and Resources: the surrender of vast tracts of land and the resources
therein. This included not only the physical land but also the natural resources it contained, such
as minerals, timber, and water.
Sovereignty: Indigenous peoples also surrendered their sovereignty, or their right to self-
governance. This meant giving up their own laws, customs, and traditions, and being subjected to
the laws and governance of the settlers.
Freedom: The treaties often resulted in a loss of freedom for Indigenous peoples. This included
restrictions on movement, hunting, and fishing, as well as forced assimilation into settler society.
Cultural Identity: Indigenous peoples surrendered their cultural identity. This was a result of
forced assimilation policies, residential schools, and the suppression of Indigenous languages
and traditions.
Using the case law Leroy Little Bear provides as examples, describe how the Canadian Courts
have interpreted treaty rights. Treaties are non-binding and have no legal sway. It is based
on promises and agreements.
What is the significance of the Royal Proclamation of 1763 to treaties made with Indian people?
This document is declaratory and confirmatory of aboriginal rights, as it recognizes Indian
, title to land as having its source in Indian ownership from time immemorial. The Royal
Proclamation establishes a procedure - the treatymaking process - for all future land and political
negotiations and transactions between the Crown and the Indian people but does not interfere in
the internal affairs of Indian Nations. In it, King George Ill states that the several Nations or
Tribes of Indians live under his protection, and that they should not be molested or disturbed in
the possession of their lands.
According to Opekokew, the treaties confirmed certain principles and guaranteed certain rights
in perpetuity. Outline and discuss five of these principles and rights. Right to Land and
Resources: recognized the Indigenous peoples' right to their traditional lands and resources (hunt,
fish, and gather on these lands). Sovereignty: They were seen as nation-to-nation agreements,
recognizing the Indigenous peoples as independent nations with their own laws and governance
structures. Education: the Crown promising to provide schools or teachers. Healthcare: Some
treaties included the "medicine chest clause", which has been interpreted as a guarantee of
healthcare for Indigenous peoples. Peace and Friendship: The treaties were meant to establish
and maintain peace and friendship between the Indigenous peoples and the Crown. They were
agreements of mutual respect and coexistence.
Indian people have argued in litigation that the federal government has not lived up to its legal
and moral responsibilities in the implementation of the treaties made with Indian people. Identify
and describe key examples of outright breaches of the federal government's treaty obligations.
started with their exclusion of certain of their oral promises from the written portions of
by Experts
What four points does Leroy Little Bear use to describe what Indians surrendered in the Treaty
negotiations? Land and Resources: the surrender of vast tracts of land and the resources
therein. This included not only the physical land but also the natural resources it contained, such
as minerals, timber, and water.
Sovereignty: Indigenous peoples also surrendered their sovereignty, or their right to self-
governance. This meant giving up their own laws, customs, and traditions, and being subjected to
the laws and governance of the settlers.
Freedom: The treaties often resulted in a loss of freedom for Indigenous peoples. This included
restrictions on movement, hunting, and fishing, as well as forced assimilation into settler society.
Cultural Identity: Indigenous peoples surrendered their cultural identity. This was a result of
forced assimilation policies, residential schools, and the suppression of Indigenous languages
and traditions.
Using the case law Leroy Little Bear provides as examples, describe how the Canadian Courts
have interpreted treaty rights. Treaties are non-binding and have no legal sway. It is based
on promises and agreements.
What is the significance of the Royal Proclamation of 1763 to treaties made with Indian people?
This document is declaratory and confirmatory of aboriginal rights, as it recognizes Indian
, title to land as having its source in Indian ownership from time immemorial. The Royal
Proclamation establishes a procedure - the treatymaking process - for all future land and political
negotiations and transactions between the Crown and the Indian people but does not interfere in
the internal affairs of Indian Nations. In it, King George Ill states that the several Nations or
Tribes of Indians live under his protection, and that they should not be molested or disturbed in
the possession of their lands.
According to Opekokew, the treaties confirmed certain principles and guaranteed certain rights
in perpetuity. Outline and discuss five of these principles and rights. Right to Land and
Resources: recognized the Indigenous peoples' right to their traditional lands and resources (hunt,
fish, and gather on these lands). Sovereignty: They were seen as nation-to-nation agreements,
recognizing the Indigenous peoples as independent nations with their own laws and governance
structures. Education: the Crown promising to provide schools or teachers. Healthcare: Some
treaties included the "medicine chest clause", which has been interpreted as a guarantee of
healthcare for Indigenous peoples. Peace and Friendship: The treaties were meant to establish
and maintain peace and friendship between the Indigenous peoples and the Crown. They were
agreements of mutual respect and coexistence.
Indian people have argued in litigation that the federal government has not lived up to its legal
and moral responsibilities in the implementation of the treaties made with Indian people. Identify
and describe key examples of outright breaches of the federal government's treaty obligations.
started with their exclusion of certain of their oral promises from the written portions of
