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The nature and status of the oral promises in relation to the written terms of the treaties / by Delia Opekokew.: Z1-1991/1-41-183E-PDF

"The written treaties between the First Nations and the Crown have frequently been the subject of litigation in Canadian courts. These treaties were drafted by the Crown's representatives and it is the contention of the Indian beneficiaries that the treaties, as written, do not correspond with their meaning as understood by the Indian parties. In order to understand the Indian concerns regarding the terms of the treaties we will consider how Indian people interpret them. We will then explore the status of treaties within domestic Canadian law, examine that law's limitations, and finally, propose reforms for correcting those limitations. It is contended that since the Indian laws, cultures, customs, and methods of record-keeping have rarely been taken into consideration by the Canadian courts, the Canadian law relating to the status and nature of oral promises in Indian treaties remains outstanding and poorly developed"--Intro., p. 1.

Permanent link to this Catalogue record:
publications.gc.ca/pub?id=9.830032&sl=0

Publication information
Department/Agency
  • Canada. Privy Council Office.
  • Canada. Royal Commission on Aboriginal Peoples.
TitleThe nature and status of the oral promises in relation to the written terms of the treaties / by Delia Opekokew.
Publication typeMonograph
Language[English]
FormatDigital text
Electronic document
Note(s)
  • Historical publication digitized by the Privy Council Office of Canada.
  • Imperfect: paginations listed in t.o.c. and printed in report do not match in this digitized edition.
  • Cover title.
  • "Prepared for the Royal Commission on Aboriginal Peoples."
  • Includes bibliographical references.
  • 1. Introduction -- 2. Early treaties -- 3. The written treaties - 1713-present -- 4. The oral promises and problems -- 5. International character of the treaties: United States and the Canadian experience -- 6. Interpretation of treaties -- 7. Interpretation of land claims agreements as treaties -- 8. Canadian case law on Indian oral history -- 9. Recommendation for a treaty tribunal -- 10. Possible models for resolving treaty-related disputes.
Publishing information
  • [Ottawa] : Royal Commission on Aboriginal Peoples, [1996?]
Author / Contributor
  • Opekokew, Delia,1945-
Description76 p.
Catalogue number
  • Z1-1991/1-41-183E-PDF
Subject terms
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