The Spirit and Intent of Treaty

The “Spirit and Intent of Treaty” refers to the underlying principles, purposes, and mutual understandings that guided the creation of the Treaty beyond its written terms. This concept emphasizes the sacred, relational, and enduring nature of Treaties, particularly between Indigenous Nations and Peoples and the Crown of Great Britain and Ireland. The Spirit and Intent of Treaty is a core value that determines the work of Treaty Education Alliance and it must be respected and upheld by all TEA partners and also Canada. Key aspects include:

  • Sacredness and Respect: Treaties are sacred agreements made before the Creator, binding both parties to honor the commitments in good faith and with mutual respect through the use of the pipe or pipestem. “Signing” is not a sacred process and has no meaning within the Indigenous laws and customs that preexisted British laws by thousands of years.
  • Permission: Indigenous Nations and Peoples uphold the position that they granted the Crown of Great Britain permission via a conditional existence within their territories as declared in the Numbered Treaties. The Crown of Great Britain and Ireland has no authority or position to grant rights to Indigenous Nations and Peoples nor place Indigenous Nations and Peoples in a position to negotiate their rights and that so long as the Crown and Canada wants to maintain that existence, must provide Indigenous Nations and Peoples with what they brought to the Treaty Table in full.
  • Mutual Benefit: The Crown of Great Britain and Ireland was granted permission to use and benefit off the land only to a depth of a plow.
  • Oral Traditions and Understandings: While Treaties were documented in writing, that is only a small fraction of what the agreement was about. The oral history and understanding handed down from generation to generation plays a crucial role in interpreting the Treaties – Canada’s courts cannot interpret Treaties.
  • Living Documents: Treaties are considered living documents, meant to be upheld and adapted over time to change. The commitments made were intended to have a lasting and ongoing fulfillment (“For as long as the Sun shines, the Grass grows, and the Rivers flow”), reflecting an eternal relationship rather than a one-time transaction.
  • Balance and Harmony: From the First Nations’ perspective, Treaties were part of maintaining balance and harmony with the newcomers. The intent was to share the land and resources in a way that respected Natural Laws and ensured ongoing cooperation of Indigenous Laws and Customs.

Understanding the Spirit and Intent of Treaties requires acknowledging these dimensions and recognizing that the written text alone does not capture the full meaning. It involves the full inclusion of the historical, cultural, and spiritual contexts in which the Treaties were made.