Legal Studies 1010

Section 1 - Nature and Function of Law

Lesson 3- Treaty Law

Treaties are legal agreements between governments and Indigenous (First Nations) people. They address the rights of Indigenous (First Nations) peoples, as set out in Section 35 of Canada's Constitution Act, 1982. When Great Britain originally asserted sovereignty over new lands, they were required by international law to sign treaties with the Indigenous (First Nations) people.

Aboriginal land title and rights, involving issues such as land-use planning, economic development and environmental protection, are protected by section 35 of the Canadian Constitution and cannot be extinguished by any government. Aboriginal title and rights can only be modified by treaties.

Also, Treaty-Making Power describes any and all types of international agreements governed by international law which are concluded between and among states and international organizations. Terms such as "convention," "protocol" and "declaration" are sometimes used to describe such agreements. Treaties may be either bilateral, i.e., between 2 parties, or multilateral, i.e., between more than 2 parties. Informal agreements or understandings that are not intended to create legal obligations are not regarded as treaties. For example, the Halibut Treaty, March 2, 1923, is a Canadian-American agreement concerning fishing rights in the North Pacific Ocean. It was the first treaty independently negotiated and signed by the Canadian government.