The Peace and Friendship Treaties were a series of written documents (or,

treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

) that

Britain Britain most often refers to: * Great Britain, a large island comprising the countries of England, Scotland and Wales * The United Kingdom of Great Britain and Northern Ireland, a sovereign state in Europe comprising Great Britain and the north-eas ...

signed bearing the Authority of Great Britain between 1725 and 1779 with various

Mi’kmaq The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Mi'kmaw'' or ''Mi'gmaw''; ; , and formerly Micmac) are an Indigenous group of people of the Northeastern Woodlands, native to the areas of Canada's Atlantic Provinces, primarily Nova Scotia, New Bru ...

Wolastoqiyik The Wolastoqiyik, (, also known as the Maliseet or Malecite () are an Algonquian-speaking First Nation of the Wabanaki Confederacy. They are the Indigenous people of the Wolastoq ( Saint John River) valley and its tributaries. Their terri ...

(Maliseet),

Abenaki The Abenaki ( Abenaki: ''Wαpánahki'') are Indigenous people of the Northeastern Woodlands of Canada and the United States. They are an Algonquian-speaking people and part of the Wabanaki Confederacy. The Eastern Abenaki language was pred ...

Penobscot The Penobscot (Abenaki: ''Pαnawάhpskewi'') are an Indigenous people in North America from the Northeastern Woodlands region. They are organized as a federally recognized tribe in Maine and as a First Nations band government in the Atlantic p ...

, and

Passamaquoddy The Passamaquoddy (Maliseet-Passamaquoddy language, Passamaquoddy: ''Peskotomuhkati'', Plural: ''Peskotomuhkatiyik'') are a Native Americans in the United States, Native American/First Nations in Canada, First Nations people who live in northea ...

peoples (i.e., the

Wabanaki Confederacy The Wabanaki Confederacy (''Wabenaki, Wobanaki'', translated to "People of the Dawn" or "Easterner"; also: Wabanakia, "Dawnland") is a North American First Nations and Native American confederation of five principal Eastern Algonquian nations ...

) living in parts of what are now the

Maritime Maritime may refer to: Geography * Maritime Alps, a mountain range in the southwestern part of the Alps * Maritime Region, a region in Togo * Maritime Southeast Asia * The Maritimes, the Canadian provinces of Nova Scotia, New Brunswick, and Princ ...

and Gaspé region in

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

and the

northeastern United States The Northeastern United States (also referred to as the Northeast, the East Coast, or the American Northeast) is List of regions of the United States, census regions United States Census Bureau. Located on the East Coast of the United States, ...

. Primarily negotiated to reaffirm the peace after periods of war and to facilitate trade, these treaties remain in effect to this day. The Peace and Friendship Treaties include the Halifax Treaties. These are 11 treaties signed between 1760 and 1761 by the various bands of the Miꞌkmaq (as well as other Indigenous peoples)There were also Halifax Treaties signed with the Wolastoqiyik (

Maliseet The Wolastoqiyik, (, also known as the Maliseet or Malecite () are an Algonquian-speaking First Nation of the Wabanaki Confederacy. They are the Indigenous people of the Wolastoq ( Saint John River) valley and its tributaries. Their terri ...

) and the

. and the British in

Halifax, Nova Scotia Halifax is the capital and most populous municipality of the Provinces and territories of Canada, Canadian province of Nova Scotia, and the most populous municipality in Atlantic Canada. As of 2024, it is estimated that the population of the H ...

. These agreements ended the conflict that had persisted between the two peoples for 85 years. The Halifax Treaties include both military submissions—or

oaths of allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...

made at the three fortresses in the region followed by treaties signed at Halifax—as well as the oral promises made during Treaty ceremonies to guarantee the Mi'kmaq the protection and rights as

British subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...

s. The ceremony with the most primary sources was the Burying the Hatchet ceremony, which happened on 25 June 1761. While most historians have concluded that the language of “submission” in the Treaties plainly reflect that the Mi'kmaq surrender to the British, other historians have suggested otherwise.Wicken, William .
''Treaty of Peace and Friendship 1760''
In the late 20th century Mi'kmaq have asserted the Treaties did not mean surrender, particularly of the land. The language used in these documents was written in the way that put the Indigenous nations who agreed to them at a disadvantage. Fundamental concepts and values relating to land differed and continue to differ between Indigenous Nations and settlers.

Context

The

Mi'kmaq The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Mi'kmaw'' or ''Mi'gmaw''; ; , and formerly Micmac) are an Indigenous group of people of the Northeastern Woodlands, native to the areas of Canada's Atlantic Provinces, primarily Nova Scotia, New Bru ...

had a complex, consensus-based governance system. While they were united by common ties of language, culture, and kinship, the Mi'kmaq were also a highly decentralized people, made up of autonomous local communities, each of which had its own ''sakamow'', or chief. Although they often met to deliberate issues of importance to the Nation, there was no central authority that could act for all. Once treaty terms were established, runners were sent to each community to communicate the terms. Communities then debated whether they would ratify a particular treaty, after which they would usually attend a signing ceremony in a central location, such as Halifax.For a more detailed discussion of Mi'kmaq Governance and the Treaty Process, see: Francis, Rosalie. 2003. "The Mi’kmaq nation and the Embodiment of Political Ideologies: Ni’kmaq, Protocol and Treaty Negotiations in the Eighteenth Century" (M.A. Thesis). Saint Mary’s University. The Mi'kmaq also had experience in treaty-making and some experience with international diplomacy. They had formed the

with the

(Maliseet),

, and

, possibly prior to European arrival, and had also entered into a broader alliance with the

Iroquois The Iroquois ( ), also known as the Five Nations, and later as the Six Nations from 1722 onwards; alternatively referred to by the Endonym and exonym, endonym Haudenosaunee ( ; ) are an Iroquoian languages, Iroquoian-speaking Confederation#Ind ...

and the

Odawa The Odawa (also Ottawa or Odaawaa ) are an Indigenous North American people who primarily inhabit land in the Eastern Woodlands region, now in jurisdictions of the northeastern United States and southeastern Canada. Their territory long prec ...

in the late 17th century. Both alliances lasted for centuries. Further, the Wabanaki Confederacy had been capable of inviting the French to settle in their territory in 1603 and maintaining a consistent peace with the French, although they never created treaties. The Mi'kmaq did, however, enter into a

Concordat A concordat () is a convention between the Holy See and a sovereign state that defines the relationship between the Catholic Church and the state in matters that concern both,René Metz, ''What is Canon Law?'' (New York: Hawthorn Books, 1960

Vatican Vatican may refer to: Geography * Vatican City, an independent city-state surrounded by Rome, Italy * Vatican Hill, in Rome, namesake of Vatican City * Ager Vaticanus, an alluvial plain in Rome * Vatican, an unincorporated community in the ...

in 1610.

Treaties of 1725 and 1726

British attempts to legalize the relationship through treaty-making between the Mi'kmaq initially had limited success. The first treaty, the Treaty of Boston (or Dummer’s Treaty), which was negotiated by the Penobscot in 1725, formally brought an end to the Dummer's War, a three-year-long conflict between the Wabanaki and the New England Colonies.Wallace, Sarah Isabel. 2018 May 28.
Peace and Friendship Treaties
" ''The Canadian Encyclopedia'' (last edited 2020 October 7). Retrieved 2021 May 1. One year later, in 1726, the Mi’kmaq and Wolastoqiyik in present-day Nova Scotia and New Brunswick—as well as the Abenaki and Passamaquoddy in

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

(including Maine) and

New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

—signed what was essentially the same agreement, often referred to as Mascarene’s Treaty (named for military officer

Paul Mascarene Jean-Paul Mascarene ( 1684 – 22 January 1760) was a British Army officer and colonial administrator who served as commander of the 40th (the 2nd Somersetshire) Regiment of Foot, 40th Regiment of Foot and List of lieutenant governors of Nova S ...

).For a detailed discussion of the treaty process of 1725–1726, see Patterson, Stephen E. 1999. "Anatomy of a Treaty: Nova Scotia’s First Native Treaty in Historical Context." ''

UNB Law Journal The University of New Brunswick Faculty of Law is the second oldest university-based common law Faculty in the Commonwealth. By signing the 1725–26 Treaty, the Indigenous peoples agreed to cease hostilities against Britain; and in exchange, the British promised not to interfere with Indigenous hunting, fishing, and farming.

Treaty of 1749

The 1725–26 agreement largely kept the peace until the outbreak of

King George's War King George's War (1744–1748) is the name given to the military operations in North America that formed part of the War of the Austrian Succession (1740–1748). It was the third of the four French and Indian Wars. It took place primarily in ...

in 1744. Following the end of that conflict, Governor of Nova Scotia

Edward Cornwallis Edward Cornwallis ( – 14 January 1776) was a British career military officer and member of the aristocratic Cornwallis family, who reached the rank of Lieutenant General. After Cornwallis fought in Scotland, putting down the Jacobite r ...

invited the two Indigenous nations to sign a new treaty, hoping to secure control over lands west of the

Missaguash River The Missaguash River (French: Rivière Missaguash) is a small Canadian river that forms the southern portion of the inter-provincial boundary between Nova Scotia and New Brunswick on the Isthmus of Chignecto. It had historic significance in the 18t ...

and to reconfirm loyalty to the Crown. The new Treaty at Halifax was signed by the Wolastoqiyik and the Chignecto Mi’kmaq on 15 August 1749, renewing the 1725 Boston Treaty without adding new terms. Most other Mi’kmaq leaders, however, refused to attend the 1749 peace talks in protest of the governor’s founding of Halifax that year. In response to three Mi'kmaq raids on the British, Cornwallis created a proclamation to drive the Mi'kmaq off the peninsula. Posted was a reward of 10

guineas The guinea (; commonly abbreviated gn., or gns. in plural) was a coin, minted in Great Britain between 1663 and 1814, that contained approximately one-quarter of an ounce of gold. The name came from the Guinea region in West Africa, from where m ...

(increased to 50 guineas in June 1750) for any Mi’kmaq captured or

scalped Scalping is the act of cutting or tearing a part of the human scalp, with hair attached, from the head, and generally occurred in warfare with the scalp being a trophy. Scalp-taking is considered part of the broader cultural practice of the taki ...

in the region.

Anglo-Micmac War (1749–60) and the Treaty of 1752

Hostilities between the Mi’kmaq and the British during the late 1740s initiated the first phase of the Anglo-Micmac War (1749–60). Supported by

Acadian The Acadians (; , ) are an ethnic group descended from the French who settled in the New France colony of Acadia during the 17th and 18th centuries. Today, most descendants of Acadians live in either the Northern American region of Acadia, ...

and French militiamen, Mi’kmaq fighters carried out military strikes against the British, which would add on to the larger

French and Indian War The French and Indian War, 1754 to 1763, was a colonial conflict in North America between Kingdom of Great Britain, Great Britain and Kingdom of France, France, along with their respective Native Americans in the United States, Native American ...

(1754–63). On 22 November 1752, fighting momentarily ceased for the signing of a treaty at Halifax by Chief

Jean-Baptiste Cope Jean Baptiste Cope (Kopit in Mi’kmaq meaning ‘beaver’) was also known as Major Cope, a title he was probably given from the French military, the highest rank given to Mi’kmaq. Cope was the sakamaw (chief) of the Mi'kmaq people of Shubena ...

of the Shubenacadie ( Sipekne’katik) Mi’kmaq, and Governor of Nova Scotia

Peregrine Hopson Peregrine Thomas Hopson (5 June 1696 – 27 February 1759) was a Kingdom of Great Britain, British army officer who commanded the 40th Regiment of Foot and saw extensive service during the eighteenth century and rose to the rank of Major General ...

. (In 2002, the Sipekne’katik First Nation erected a monument in honour of Cope and the signing of the 1752 treaty.) The Treaty was renounced six months after it was signed. In 1755, the Mi'kmaq and their French allies conducted the Northeastern Coast Campaign in

Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...

. They extended this campaign into

Nova Scotia Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...

, attacking colonists during the 1756 raids on Lunenburg. The Anglo-Micmac War thus resumed when members of the

sided with France against Britain in the Seven Years War (1756–63). Following the British capture of Louisbourg in 1758, Quebec in 1759, and Montreal in 1760, French imperial power was destroyed in North America. There were 300 Mi’kmaq fighters in the region compared to many more British regulars and rangers. After the defeat of the French, the Mi'kmaq no longer had a source of guns and ammunition to fight or even hunt for food. The Mi'kmaq immediately asked the British for guns and ammunition, claiming that "the French always Them with these Things and They expect that we will do the Same." According to those at Louisbourg, after the defeat the Mi'kmaq wanted bread and had "no prospect of relief." By the spring of 1760, General

Jeffery Amherst Field Marshal Jeffery Amherst, 1st Baron Amherst, (29 January 1717 – 3 August 1797) was a British Army officer and Commander-in-Chief of the Forces in the British Army The British Army is the principal Army, land warfare force of the ...

determined that the Mi'kmaq and Acadians posed no significant threat to British control of the region, and that colonial forces were adequate to meet the defence needs of Nova Scotia.As a result, British began closing down forts such as

Fort Ellis Fort Ellis was a United States Army fort established August 27, 1867, east of present-day Bozeman, Montana. Troops from the fort participated in many major campaigns of the Indian Wars. The fort was closed on August 2, 1886. History The fort wa ...

The Halifax Treaties

By 1760, France lost Quebec and other key holdings to the British. Peace-treaty negotiations with the British began by the Wabanaki soon after. A treaty by the

(Maliseet) and the

was concluded at Halifax on 22 February 1760, and later ratified by individual Maliseet and Passamaquoddy communities at Fort Frederick (in what is now

Saint John, New Brunswick Saint John () is a port#seaport, seaport city located on the Bay of Fundy in the province of New Brunswick, Canada. It is Canada's oldest Municipal corporation, incorporated city, established by royal charter on May 18, 1785, during the reign ...

). This Maliseet–Passamaquoddy Treaty formed the basis on which later treaties were signed with individual Mi'kmaq communities in 1760 and 1761. The first of the Mi'kmaq treaties was signed on 10 March 1760 with three communities: the Sipekne’katik, La Have, and Richibuctou Mi'kmaq. The Treaty of 1761 was finalized with communities from

Cape Breton Cape Breton Island (, formerly '; or '; ) is a rugged and irregularly shaped island on the Atlantic coast of North America and part of the province of Nova Scotia, Canada. The island accounts for 18.7% of Nova Scotia's total area. Although ...

Miramichi The name "Miramichi" was first applied to a region in the northeast of New Brunswick, Canada, and has since been applied to other places in Canada and the United States. Although other interpretations have been suggested, it is believed that "Mirami ...

, Pokemouche,

Shediac Shediac (official in both languages; ''Shédiac'' is colloquial French) is a town in Westmorland County, New Brunswick known as the "Lobster Capital of the World". It hosts an annual festival every July which promotes its ties to lobster fish ...

, who all signed on June 25 in a 'Burying the Hatchet' ceremony. The 1761 Treaty was later signed by the Chignecto/Missiquash on July 8, and the Pictou/Malogomich on October 12. Unlike the Maliseet–Passamaquoddy Treaty, the Halifax Treaties with the Mi'kmaq did not explicitly renew earlier treaties that were negotiated between the Mi'kmaq and the British. One historian has argued that, for many Mi'kmaq communities, they had never subscribed to earlier Nova Scotia treaties, so there was thus nothing to renew. However, others have pointed out continuity between the 1726 treaty and those signed in 1760 and 1761, notably, that the first six articles of the Halifax Treaties correspond to the first six articles of the 1726 treaty, with some modifications. As such, it seems that the British and the Mi'kmaq considered the 1726 treaty to form the basis of their relationship. All of the Halifax Treaties began with the Mi'kmaq chief acknowledging the jurisdiction and dominion of

King George King George may refer to: People Monarchs ;Bohemia *George of Bohemia (1420-1471, r. 1458-1471), king of Bohemia ;Duala people of Cameroon * George (Duala king) (late 18th century), king of the Duala people ;Georgia *George I of Georgia (998 or ...

over the territories of Nova Scotia. The Mi'kmaq promised: to not molest the British colonists; to make restitution for robbery or violence and use the law courts to resolve conflicts; to free British prisoners; to have nothing further to do with the French; and to report any French actions against the British. Lastly, they agreed to confine their trade to government " truckhouses," where they would leave some of their numbers as hostages to guarantee their good behaviour. The

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

has interpreted the "truckhouse" clause as providing a right to

hunt Hunting is the Human activity, human practice of seeking, pursuing, capturing, and killing wildlife or feral animals. The most common reasons for humans to hunt are to obtain the animal's body for meat and useful animal products (fur/hide (sk ...

, fish, and gather in order to secure necessary goods for trade and thereby earn a moderate livelihood. The Court noted that restricting trade with their enemies like the French while undermining unregulated private traders, was seen as important to cementing the fragile peace.''

R v Marshall ''R v Marshall (No 1)'' 9993 S.C.R. 456 and ''R v Marshall (No 2)'' 9993 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish. Decision No. 1 The Court held in the first decision t ...

'',

999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Media Books * 999 (anthology), ''99 ...

3 SCR 456, at para 94 Many historians have concluded that the treaties clearly indicate that the Mi'kmaq acceded to the authority of the British. The Halifax Treaties do not stipulate the surrender of Mi'kmaq territory, which the British Crown already controlled by conquest. Some historians have suggested that, because the Halifax Treaties did not specifically stipulate the surrender of land by the Mi'kmaq, that the British Crown did not claim the land through the treaty. (Earlier Treaties did not stipulate land ownership, however, future treaties in other parts of Canada do mention land ownership.) Oral promises made during treaty ceremonies to guarantee the Mi'kmaq the same rights as other British subjects is also considered by some historians as an important part of the understanding of the treaty relationship. At the Burying the Hatchet Ceremony in 1761, Governor of Nova Scotia

Jonathan Belcher Jonathan Belcher (8 January 1681/8231 August 1757) was a merchant, politician, and slave trader from colonial Massachusetts who served as both governor of Massachusetts Bay and governor of New Hampshire from 1730 to 1741 and governor of New ...

told the Mi'kmaq that the "Laws will be like a great Hedge about your Rights and properties." Belcher told the Mi'kmaq were now

s and that those in Nova Scotia are "your fellow subjects." Further, he indicated that the Mi'kmaq would fight alongside other British subjects, side by side, "that your cause of war and peace may be the same as ours under one mighty Chief and King, under the Same Laws and for the same Rights and Liberties." This is sometimes referred to as Belcher’s Proclamation, which confirmed the intention of Britain to protect the land rights of the Mi’kmaq. The Mi'kmaq Chief from Cape Breton concurred:

As long as the Sun and Moon shall endure ... so long will I be your friend and ally, submitting myself to the Laws of your Government, faithful and obedient to the Crown.

The Mi'kmaq began their accommodation with British law, as they had promised. The British, according to historian Stephen Patterson (2009), "accepted a continuing role for existing Mi'kmaw i'kmaqpolities within the limits of British sovereignty." For example, when the province of

New Brunswick New Brunswick is a Provinces and Territories of Canada, province of Canada, bordering Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to ...

was being established in 1784, Mi’kmaq were asking that "certain lands be reserved and protected to them by licenses of occupation, similar to those being issued to new settlers."

Treaties of 1778 and 1779

During the beginning of the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

and the Invasion of Canada in 1775, the Americans attempted to recruit the Mi’kmaq to fight against the British. The British, in response, sought to confirm bonds of peace and friendship with Indigenous allies in

Eastern Canada Eastern Canada (, also the Eastern provinces, Canadian East or the East) is generally considered to be the region of Canada south of Hudson Bay/ Hudson Strait and east of Manitoba, consisting of the following provinces (from east to west): Newf ...

. The Superintendent of Indian Affairs in Nova Scotia,

Michael Francklin Michael Francklin or Franklin (6 December 1733 – 8 November 1782) served as Nova Scotia's Lieutenant Governor from 1766 to 1772. He is buried in the crypt of St. Paul's Church (Halifax). Early life and immigration Born in Poole, England, ...

, attended a meeting in which the Mi’kmaq renewed their oath of allegiance to the British Crown. On 24 September 1778,

delegates from the Saint John River area and Mi’kmaq representatives from Richibuctou,

, and Chignecto signed an agreement promising not to assist the Americans in the Revolution and to follow their "hunting and fishing in a peaceable and quiet manner." When conflict did happen between a small group of Mi’kmaq and the British on the Miramichi, the local Mi’kmaq leadership approved the British capture of the rebels, the removal of the rebel chief, and the appointment of a new chief. The Mi’kmaq provided a copy of the 1760 Treaty for the new chief to sign. The following year, in 1779, Mi’kmaq chiefs from Cape Tormentine to

Chaleur Bay frame, Satellite image of Chaleur Bay (NASA). Chaleur Bay is the large bay in the centre of the image; the Gulf_of_St._Lawrence.html" ;"title="Gaspé Peninsula is to the north and the Gulf of St. Lawrence">Gaspé Peninsula is to the north and t ...

signed a similar peace agreement with the British, guaranteeing fishing and hunting rights: "The said Indians and their Constituents, shall remain in the Districts before mentioned, quiet and free from any molestation of any of His Majesty's Troops, or other his good Subjects in their Hunting and Fishing." This guarantee was later confirmed by the

Court of Appeal of New Brunswick The Court of Appeal of New Brunswick () (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal w ...

in ''R v Paul'', 1980. According to Patterson, the "vast majority of Mi’kmaq did not join in challenging British authority – to the contrary they took steps to aid British military and civilian officials in suppressing the disorders and restoring peace." During the American Revolution, the Americans signed the

Treaty of Watertown The Treaty of Watertown was the first foreign treaty concluded by the United States of America after the adoption of the Declaration of Independence. It was signed on July 19, 1776, in the Edmund Fowle House in the town of Watertown, Massachuset ...

with the Mi’kmaq as a means of drawing their support away from the British. The Mi'kmaq continued to pressure the British government throughout the 19th century to have the British live up to the Treaties and treat the Mi'kmaq like full British subjects as they did those from other cultures who were British subjects.

Legacy

Case law

Beginning in the 20th century, various descendants of the Indigenous signatories of the Peace and Friendship Treaties have taken the Government of Canada to court in an attempt to recognize and protect their treaty rights.

''R v Sylliboy'', 1927

In 1927, Gabriel Sylliboy, Grand Chief of the Mi’kmaq Grand Council, was charged with

off-season In an organized sports league, a typical season is the portion of one year in which regulated games of the sport are in session: for example, in Major League Baseball the season lasts approximately from the last week of March to the last week of S ...

hunting. In ''R v Sylliboy'', the Grand Chief argued that the Treaty of 1752 protected his right to hunt on the territory in question. According to Mi’kmaq law professor Naiomi Metallic, this was the first time

treaty rights In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization. Exactly who is indigeno ...

were used as a defence in a court of law. Sylliboy was unable to convince the court of his treaty rights and was consequently convicted of his charges. In 2017, nearly 90 years after the ruling the

Government of Nova Scotia The Government of Nova Scotia (, ) is the government of the Provinces and territories of Canada, Canadian province of Nova Scotia. The powers and structure of the province are set out in the Constitution Act, 1867. In modern Canadian use, the term ...

pardoned Sylliboy of his convictions (though Sylliboy had passed in 1964).

''Simon v The Queen'', 1985

In 1980, James Matthew Simon, a member of the Sipekne’katik First Nation (Mi’kmaq) in Nova Scotia, was charged with violating provincial hunting regulations. Simon argued that the Treaty of 1752 gave him the right to hunt and fish freely in the area. The Province of Nova Scotia argued on the contrary, stating that subsequent conflicts between the British and the Mi’kmaq terminated these treaty rights. The case of ''Simon v The Queen'' went to the

in 1985. The judges recognized Mi’kmaq rights to hunt for food and ruled that treaty rights had not in fact been terminated. Simon was subsequently acquitted of the charges, marking the first time that the courts had affirmed the rights of the Mi’kmaq people as set out in the Treaty of 1752. In 1986, a year following the ''Simon'' case, Treaty Day in Nova Scotia was held for the first time on October 1, the day that the Treaty of 1752 designated for renewing friendship between the Mi’kmaq and the Crown. Today, Treaty Day is celebrated annually on the first of October to commemorates the signing of the 1760–61 Peace and Friendship Treaties.

''R v Marshall'', 1993

In August 1993, Donald Marshall Jr., a member of the

Membertou First Nation The Membertou First Nation ( Mi'kmawi'simk: ''Maupeltu'') is a Mi'kmaq First Nation band government in the tribal district of Unama'ki, also known as Cape Breton Island, Nova Scotia. As of 2012, the Mi'kmaq population is 814 on-Reserve, and appro ...

(Mi’kmaq), was arrested and charged for fishing violations in Nova Scotia. Marshall argued that the treaties of 1760 and 1761 enshrined his right to catch and sell fish. ''R v Marshall'' was taken to the

in 1993. Six years later, in September 1999, the Court ruled that the hunting and fishing rights guaranteed to the Indigenous signatories in the Treaty had never been terminated, and thus, the living descendants of these peoples in the Maritimes and in Quebec are not subject to government regulations governing hunting, fishing, or land use.

"Peace" and "Friendship"

Some historians deny that the term "submission" in the Treaties means that the Mi'kmaq surrendered. They focus solely on the terms "

Peace Peace is a state of harmony in the absence of hostility and violence, and everything that discusses achieving human welfare through justice and peaceful conditions. In a societal sense, peace is commonly used to mean a lack of conflict (suc ...

" and "

Friendship Friendship is a Interpersonal relationship, relationship of mutual affection between people. It is a stronger form of interpersonal bond than an "acquaintance" or an "association", such as a classmate, neighbor, coworker, or colleague. Althoug ...

" in the treaties. Such historians argue that the Mi'kmaq did not surrender and that, in fact, Nova Scotia is "unceded Mi'kmaw i'kmaqterritory." To sustain this argument, some historians have argued that the few hundred Mi'kmaq fighters were in a strong enough position to negotiate the terms of the Halifax Treaties and make demands of their own of the British. Historian John G. Reid asserts that the Mi'kmaq military power in the region did not wane until decades after the French had been defeated. Reid dismisses the statements in the Treaties about Mi'kmaq surrender or submission to the British crown, by asserting that there is significant evidence surrounding the Treaties that suggest the real intent of the Treaties was to establish friendly and reciprocal relationships. The Mi'kmaq leaders who came initially to Halifax in 1760 had clear goals that centred on the making of peace, the establishment of a secure and well-regulated trade in commodities such as furs, and ongoing friendship with the British crown. In return, they offered their own friendship and tolerance of limited British settlement, although without any formal land surrender. Reid, John G. 2009. ''Nova Scotia: A Pocket History''. Fernwood Press. p. 23 To fulfil the friendly and reciprocal intent of the treaties, Reid asserts further British settlement of land would need to be negotiated and, in exchange for sharing the land, presents would be given to the Mi'kmaq. According to historian Geoffrey Plank, the documents summarizing the peace agreements did not indicate the laws regulating land ownership and land usage, but they assured the Mi’kmaq access to the natural resources that had long sustained them along the regions’ coasts and in the woods. Reid asserts that the Mi'kmaq military power only began to wane in the region when the

New England Planters The New England Planters were settlers from the New England colonies who responded to invitations by the lieutenant governor (and subsequently governor) of Nova Scotia, Charles Lawrence, to settle lands left vacant by the Bay of Fundy Campaign ...

and

United Empire Loyalists United Empire Loyalist (UEL; or simply Loyalist) is an honorific title which was first given by Guy Carleton, 1st Baron Dorchester, the 1st Lord Dorchester, the governor of Province of Quebec (1763–1791), Quebec and Governor General, governor ...

began to arrive in Mi'kma'ki in greater numbers, economic, environmental and cultural pressures were put on the Mi'kmaq with the erosion of the intent of the treaties. According to Reid, Mi'kmaq tried to enforce the treaties through the threat of force as some did in the American Revolution at the

. In contrast, Tod Scott among others have argued that the Mi'kmaq were only able to keep the British "holed up" in their forts until the French were defeated in the region and the Mi'kmaq no longer had a supply of arms (1758). The Supreme Court of Canada also stated in ''

'' that "the British feared the possibility of a renewed military alliance between the Mi’kmaq and the French as late as 1793." Those who assert Mi'kmaq sovereignty rely in part on the evidence of the

. Again, the Americans made the treaty to draw Mi'kmaq support away from the British during the American Revolution. The Mi'kmaq signed the

with the new

United States of America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguo ...

. The Treaty acknowledged the Mi'kmaq ability to continue trade. The Treaty was part of the basis for neutral position taken by the Mi'kmaq during the

War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...

and why Mi'kmaq took marooned American sailors back to the US without ransom. There has never been a formal objection by Britain or Canada to this treaty or situation. As Mi'kmaq military power waned at the beginning of the ''19th'' century, as some historians have argued, rather than interpreting the Mi'kmaq treaty demands as demands to be treated like full British subjects, Reid asserts the Mi'kmaq treaty demands were about expecting the British to give presents for the Mi'kmaq accommodating them on their land. The British responded by giving presents and educational opportunities, which Reid interprets as further subjugation.

References

Citations

Notes

Bibliography

* *Cameron, Alexander (2009). ''Power without Law: The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism''. McGill-Queen's Press. * * * {{Canadian Aboriginal and indigenous law History of Nova Scotia Peace treaties of the Kingdom of Great Britain 1761 treaties Treaties of Indigenous peoples of North America Treaties of Indigenous peoples in Canada Mi'kmaq History of Indigenous peoples in Canada