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Traditional use, treaties and land title settlements: A legal history of the Anishnabe of Manitoulin Island
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Traditional use, treaties and land title settlements: A legal history of the Anishnabe of Manitoulin Island
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Dissertation
Traditional use, treaties and land title settlements: A legal history of the Anishnabe of Manitoulin Island
1994
Overview
There has been continued conflict in Canada over the allocation of land between First Nations and non-First Nations people. This thesis explores the issues that Aboriginal and non-Aboriginal people must confront in order to successfully resolve this conflict. Historical and contemporary attempts to settle rights to land on Manitoulin Island in Lake Huron are examined to explore the lessons that can be learned from the legal history of treaty and land claims. The thesis begins by surveying the historical methods by which land was allocated prior to contact within and between First Nations on Manitoulin Island. Next, this work examines how land allocation was conducted upon contact between Native and non-Native society. First Nations participated in an allocation of land with non-Native people through the Treaty of Niagara in 1764, and the Royal Proclamation. Subsequently, the thesis investigates the Manitoulin treaties of 1836 and 1862 and demonstrates the problems First Nations encountered in signing these treaties. Finally, this work examines the contemporary attempts to deal with the allocation of land rights on Manitoulin Island through land claims. The examination of each of these issues shows how the parties' objectives regarding land use conflict and intersect, disadvantaging more traditional First Nations' land use preferences. The lesson that can be learned from the legal history of the treaties and land claims explored in this paper is that First Nations people, and those who negotiate with them to resolve outstanding issues in the allocation of land, need to become aware of the multiplicity of aspirations that exist within Native society. This recognition is necessary to preserve traditional land use. An appreciation of the legal history behind the allocation of land on Manitoulin Island shows where future pitfalls may arise in the distribution of land rights in other parts of the country. As such, the thesis contains general lessons for First Nations and other governments in the allocation of land among different groups in Canada.
