What are the numbered treaties?

The numbered treaties are the 11 treaties signed between the Crown of the Dominion of Canada and First Nations in western and northern Canada between 1871 and 1921. They cover most of present-day Manitoba, Saskatchewan, and Alberta, the northern parts of Ontario, the southern parts of British Columbia, and the southern Northwest Territories. The numbered treaties are protected by section 35 of the Constitution Act, 1982 and remain in force as living agreements between the Crown and the successor First Nations.

The treaties were negotiated as the Dominion of Canada acquired Rupert's Land from the Hudson's Bay Company on July 15, 1870 and prepared for the settlement of the prairies, the construction of the Canadian Pacific Railway (completed November 7, 1885), and the integration of the West into Canadian Confederation. Treaty 1 (signed at Lower Fort Garry, Manitoba on August 3, 1871) and Treaty 2 (signed at Manitoba Post on August 21, 1871) covered southern Manitoba. Treaties 3 (1873) through 7 (1877) covered the prairies west to the Rockies. Treaties 8 (1899), 9 (1905 to 1906), 10 (1906), and 11 (1921) covered northern areas including northern Alberta and British Columbia, northern Ontario, northern Saskatchewan, and the Northwest Territories.

The treaties typically promised reserves (one square mile per family of five), annuities (cash payments to each member of the signatory nation), education, agricultural implements, hunting and fishing rights on traditional territories, and other commitments. Each treaty's specific terms differ. Indigenous oral histories of the treaty negotiations often differ significantly from the written texts: First Nations frequently describe treaties as agreements to share the land and resources rather than to surrender them, while the written texts use surrender language. Modern courts have given weight to oral histories in interpreting treaty intent, including in Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) (2005).

Modern treaty implementation involves federal-First Nations co-management and additions-to-reserve processes. Treaty Land Entitlement (TLE) agreements have transferred more than 5 million acres to First Nations where the original treaty acreage commitments were not met. The Manitoba Treaty Land Entitlement Framework Agreement (1997), the Saskatchewan Treaty Land Entitlement Framework Agreement (1992), and similar agreements in Alberta are the principal vehicles. Treaty rights to hunt, fish, and trap are protected under section 35 and have been affirmed in R. v. Badger (1996), R. v. Sundown (1999), and other cases.