Experiencing Relevance: A Spatial Exploration of Treaties in Ontario
My project began with a question put to me last summer, in the context of an Indigenous cultural awareness exercise at my workplace. The moderator asked us – a group of law students specializing in Indigenous issues – to think about what benefits we, as non-Indigenous Canadians, derive from historic treaty relationships. This was a new way of thinking about Crown-Indigenous treaties. When we think of treaties at all, we tend to regard them as purely historical contracts, or as deals which were unfair to begin with, or at least as only benefitting the Indigenous parties who most frequently resort to the courts to enforce their treaty rights. The relevance of historic treaties to current issues seems negligible. Nonetheless, all of the land in Ontario is subject to historic treaties formed between the Crown and Indigenous peoples between the late-18th and early-20th centuries, and for many members of the Indigenous nations who entered into these treaties, they continue to have great spiritual and legal significance. Rather than representing outdated contracts, treaties are symbols of what was meant to be a mutually beneficial relationship of coexistence. In light of the tragic ways in which the relationship went wrong, this relational view of treaties is being revisited by legal scholars as one pathway towards reconciliation. With this relational approach to treaties in mind, I undertook my work for Building 21 with the intent of using that question – how do we, as non-Indigenous Canadians, benefit from historic treaties – to investigate ways of raising awareness of treaties and their ongoing significance.