Treaty 2 territory – When we discuss about cede, release, surrender and yield up forever; lets face it, it didn’t happen. That discussion deals with the question of title. It does not explain the limitations of the Treaty “for purposes of immigration and settlement” nor the question of compensation.
There is no evidence in the Treaty transcriptions that this provision was ever discussed in any way.
If the Rules of Treaty Interpretation of the Supreme Court of Canada are applied, the legitimacy of “cede, release, surrender” cannot survive the challenge. Particularly “the honour of the Crown” is severely damaged if it is to be alleged that the original Chippewa/Cree Nation voluntarily gave away 21,440,909 acres of land and the Crown just walked away with it free of charge.
If these lands had been “Aboriginal title lands”, in which they were they cannot simply be given away. According to Delgamuukw and Tsilhqot’in, the lands involved must be maintained for future generations, and the current generation may have only the fruits of the land.
If that is the case for “aboriginal title lands,” surely that must be the minimum which would apply to “Treaty-Confirmed Title lands.” So let’s face it, cede, release, surrender and yield up forever just didn’t happen!
Next series; The land taken up for immigration and settlement could not be used for other purposes, e.g., forestry, mining, petroleum extraction, etc.
Republished: Thanks Rarihokwats presentation on 12 June 2018
Last modified: April 5, 2021