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The 1930 Natural Resources Transfer Act
First Nation individuals and First Nations of Treaty seven and eight in Alberta have launched civil lawsuits challenging the validity of the 1930 Natural Resource Transfer Act. This is a lawsuit that will affect First Nations in Manitoba. What is taught in public schools and even in University Native studies courses is not always accurate.
Following the end of World War I, Mohawks in eastern Canada were using the new League of Nations to seek recognition of their sovereignty, and they rights under treaties signed with Great Britain. They lobbied with countries like Persia (Iran), Ireland, Netherlands, etc to have a special review of the treaties they had with Great Britain. Great Britain at the time was still a world power having just defeated the Germans therefore nothing concrete came of those efforts.
The Mohawks however were very persistent. They sued in Canadian court to have the Supreme Court of Canada examine the conditions of the treaties. The Privy council stopped the Supreme Court justices from proceeding with the case. It was not an accident that in 1927 Canada enacted section 141 of the Indian Act. It became illegal for Indians to be in the presence of a lawyer or for a lawyer to give advice to an Indian.
141. Every person who, without the consent of the Superintendent General expressed in writing, receives, obtains, solicits, or requests from an Indian any payment or contribution or promise of any payment or contribution for the purpose of raising a fund or providing money for the prosecution of any claim which the tribe or band of Indians to which such Indian belongs, or of which he is a member, has or is represented to have for the recovery of any claim or money for the benefit of the said tribe or band, shall be guilty of an offence and liable upon summary conviction for each such offence to a penalty not exceeding two hundred dollars and not less than fifty dollars or to imprisonment for any term not exceeding two months. 1927,c.32,s.6.
Was it coincidental that three years following the enactment of section 141 the federal Canadian government transferred all natural resources within the boundaries of the provinces to the provincial governments. From 1927 to 1951 section 141 was law in Canada. During that 24-year period many of the people, First Nation participants in treaty negotiations died and as a result there is no court record of their understanding of the negotiations.
In 1998, the Supreme Court of Canada in a case called Delgamuukw recognized for the first time in Canadian history what amounts to an indigenous right to property, aboriginal title. They also recognized and strengthened in Delgamuukw the First Nation understanding and specifically made native oral history relevant.
The significance of that decision for Manitoba First Nations in Treaty land claims and recognition of conditions of treaty cannot be understated. The next section will deal specifically with the expansion and equity promises in Treaties negotiated in Manitoba. |
