These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the development of the Canadian Pacific Railway. In the second wave, resource extraction was the main motive for government officials. During this time, Canada introduced the Indian Act extending its control over the First Nations to education, government and legal rights. The federal government did provide emergency relief, on condition of the Indigenous peoples moving to the Indian reserve.
Today, these agreements are upheld by the Government of Canada, administered by Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations. They are often criticized and are a leading issue within the fight for First Nation rights. The Constitution Act, 1982 gave protection of First Nations and treaty rights under Section 35. It states: "Aboriginal and treaty rights are hereby recognized and affirmed." This phrase was never fully defined. As a result, First Nations must attest their rights in court as the case in R v Sparrow.
Negotiation
Negotiation of the Numbered Treaties began in 1871. The first seven affected those living on the prairies, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations signing that particular treaty. For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed.
Government
After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was a fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction. To the west of Ontario was Rupert's Land, fur trading territory operated by the Hudson's Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony. During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that "it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada ... were extended westward to the shore of the Pacific Ocean". In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert's Land Act of 1868 and the North-Western Territory Transfer Act of 1870. Even though the government acquired the land from the Hudson's Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area.
One of the conditions to ensure British Columbia would join Confederation at the time was the construction of the Canadian Pacific Railway to connect it to the rest of the nation. This major infrastructure project would have to go through the interior of the newly acquired land and through First Nation territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia's request and the growing need for land by eastern settlers and new immigrants, treaties had to be created with the First Nation people in the interior.
Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s, Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations of the northern reaches and miners and traders. Despite the fact that First Nations people of the Mackenzie River Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented. The Government of Canada lobbied for treaties in the north only when potential development could be supported in the region. For political and economic reasoning, the Government of Canada hastily put treaties into place without regards to First Nation well-being.
First Nations
With Treaties 1–7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance. The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict. First Nations people were being decimated by disease, specifically smallpox, and tuberculosis which had catastrophic ramifications for several groups. Tsuu T'ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s. They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemmican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood. They were eager to receive food aid and other assistance from the government, which they believed would be offered following the implementation of treaties. Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nations because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but also ensure their children's future success in a new developed West. In the northern regions of this land that was not covered by any treaty, the First Nations were suffering from similar issues, but had to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur.
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