preview

Treaty Implementation And Interpretation Of The Treaty Of Treaty 7

Better Essays

In order to determine if the Crown failed to fulfill the obligations of Treaty 7, the following issues must be considered: 1) Treaty Implementation and Interpretation: What are the obligations of Treaty 7? Were they upheld throughout the implementation of the treaty? a) Words: What are the treaty obligations as determined by the written text of the treaty? i) Substantive Breach: Was there a breach of the written obligations of the treaty regarding the creation of IR 147? b) Historical Context: Does the context of the negotiations clarify the intentions and expectations of the parties? ii) Procedural Breach: When the Crown created IR 147, was there a procedural breach in the fulfillment of Treaty 7 obligations that would result in the …show more content…

i) Substantive Breach: If the reserve was properly created in accordance with the text of the treaty there may not be a breach in the Crown’s obligations. To create a reserve in accordance with the Indian Act, the Supreme Court of Canada set out the requirements in the Ross River Deana Council decision. These requirements, as applied by Wewaykum Indian Band v. Canada, include “an act by the Crown to set apart Crown land for use of an Indian band combined with an intention to create a reserve on the part of persons having authority to bind the Crown and practical steps by the Crown and the Indian band to realize that intention.” The Crown set apart land to create a reserve when the Indian Agent appointed a surveyor to survey land according to the entitlements in Treaty 7. The Redfoot Nation realized these intentions when they were vocal regarding their dissatisfaction on the location of the land, however practical steps were also taken by the Crown when the Superintendent General of Indian Affairs moved the Redfoot to the surveyed lands for their use as a reserve. Therefore, it appears that the Crown fulfilled the requirements and, as a result, the reserve identified as IR 147 was properly created, fulfilling the substantive duties of the fulfillment of Treaty 7 to establish a reserve in southern Alberta. b) Historical Context It appears that the Crown and the

Get Access