What is a treaty?
A treaty is a contract between sovereign nations. The United States Constitution states that treaties are the supreme law of the land and all judges are to be bound by them, state law not withstanding. In other words, states cannot make laws that contradict a treaty and states cannot make treaties. Britain and Spain signed treaties with Indian Tribes and the United States followed suit in order to obtain legal title to land held by the various Indian nations. Most treaties between tribes and the United States are a cession of land from the tribe to the United States and a reservation by the tribe of certain rights – rights that they already have. These could include a portion of land for a homeland and hunting, fishing and gathering rights, both on and off reservation. In exchange for the vast holdings ceded to it, the United States promised to provide certain services in perpetuity. These include health, education, economic assistance and protection against crimes and infringements by
A Treaty is a formal agreement between two parties. The Numbered Treaties, which cover all of Saskatchewan, are formal agreements that created a relationship between the Crown and First Nations. As a result, each party has certain expectations and obligations, both explicit and implicit. The Numbered Treaties provided First Nations with such things as annuities, education, reserves and protection of their traditional economies, while the Crown acquired the means to open up territories, including modern day Saskatchewan, for settlement and agricultural and resource development. First Nations and the Federal Government differ, however, in how they view Treaties – First Nations see the Treaties as covenants, while the Federal Government sees them primarily as contracts. First Nations believe that the Treaties are land sharing agreements, witnessed by the Creator, between two sovereign parties that established a permanent relationship. The Federal Government acknowledges their solemnity, b