Beginning in July 1996, the FSIN and the Government of Canada initiated a workplan to establish the Treaty Table, a forum for the discussion of Treaty rights and/or jurisdiction.

The Treaty Table is a bilateral process involving Treaty First Nations and the federal government. The provincial government observes the proceedings. Based on discussions at the Treaty Table, the FSIN and the Government of Canada signed a Memorandum of Agreement in October 1996. This agreement laid the groundwork for technical and political discussions about treaty rights and/or jurisdiction to begin.

The Treaty Table talks are intended to discuss, but not to renegotiate the treaties or to change the nation-to-nation relationship that exists between the parties to treaty. The parties agreed that through these talks, they would try to gain a better understanding of each others' views of Treaty and to reach a common understanding.

When the Treaty Table talks began, the FSIN and the Crown agreed to explore and discuss treaty rights and/or jurisdiction in seven areas: education, child welfare, justice, health, hunting, fishing, trapping & gathering, annuities and shelter. In 1999 they added and eight topic: lands and resources. The FSIN relies extensively on Elders for assistance in preparing their presentation on these topics at the Treaty Table. The teachings and testimony of the Elders are the basis for the FSIN's contribution to the Treaty Table discussions.

In order to facilitate the Treaty Table talks, two Working Groups have been established, one on Treaty and Related Historic Sites and another on Acts of Renewal. These working groups were created to develop options to help inform and show public respect for Treaty and the treaty relationship.

The Office of the Treaty Commissioner (OTC) facilitates meetings of the Treaty Table and its working groups. Originally established in 1989, the OTC was renewed by the FSIN and the Government of Canada in 1996 for another five years and its mandate was expanded. The OTC also participates in public education and awareness of the treaty relationship and treaty history.

After the first phase of Treaty Table discussions, the Statement of Treaty Issues was published. During Phase 2, as each of the eight treaty areas is completed, the Treaty Table will report the results to the Common Table. The Treaty Table will guide and inform the work of the Governance Table and Fiscal Relations Table as they move forward to treaty-based government.

Office of the Treaty Commissioner

The Office of the Treaty Commissioner (OTC) facilitates meetings of the Treaty Table and its working groups. Originally established in 1989, the OTC was renewed by the FSIN and the Government of Canada in 1996 for another five years and its mandate was expanded.

An evaluation of the OTC was conducted by Prairie Research Associates (PRA). This evaluation is part of the preparation for decision on renewal of the OTC mandate. This mandate was further renewed to March 2007. The goal of this extention is to implement all aspects of that mandate.

Some Common Understandings From The Treaty Table

The Nature of the Treaty Relationship

  • Treaty-making included the customs of First Nations and the Crown (both parties to Treaty) and created a fundamental political relationship between Treaty First Nations and the Crown.
  • Treaties gave shape to this relationship, creating obligations and expectations on both sides.
  • The Treaty-making process involved the exchange of solemn promises, based on mutual respect for the spiritual and traditional values of the other. The Crown and First Nations entered into the agreements freely and of their own accord as the best possible means of advancing their respective interests.
  • In entering these agreements, the Crown and First Nations recognized each others` authority and capacity to enter into treaties on behalf of their own people.
  • The treaty parties acknowledged the solemnity of Treaty.
  • The treaty-making process includes the principle of maintaining the honor of the Crown and the honor of Treaty First Nations in maintaining the treaty relationship. Equally important was the conduct and behaviors of the parties to honor and respect the commitments made in the treaties.

Purpose of Treaty-Making

  • Treaties were to provide for peace and good order between the parties and amongst the First Nations.
  • Treaty-making was a way to build lasting and meaningful alliances between the Crown and First Nations that would foster the future well-being of the people that they represented.
  • Treaties were foundational agreements entered into for the purposes of providing the parties with the means to achieve survival and stability, anchored on the principle of mutual benefit.
  • The relationship between the First Nations and the Crown is one in which both parties receive benefits from and create responsibilities to each other. The treaties created mutual obligations that were to be respected by the parties.

Treaty Relationship in the Future

  • The treaty relationship is one in which the parties expect to resolve differences through mutual discussion and decision.
  • The parties share a common commitment to reinvigorate the treaty relationship and to address the well-being of both parties in a respectful and supportive way.
  • Treaty First Nations and Canada can enter into arrangements that build on their existing treaty relationship so Treaty First Nations will be able to exercise jurisdiction and governance over their lands and peoples. These arrangements are not to alter treaties, they are to implement the treaty partnership in a contemporary way while respecting the principles of treaty-making.
  • The parties recognize the Government of Saskatchewan has to participate to make progress in implementing Treaty First Nations` jurisdiction and governance in Saskatchewan. The parties believe the principles of the treaty relationship are beneficial for all people in Saskatchewan.

Current Status

Presently there are five treaty context papers that have been completed in the areas of Education, Families and Children, Health, Shelter and Annuities. Three subject areas remain to be reported on, that being Justice, Hunting/Fishing/Trapping/Gathering, and Lands and Resources.

The FSIN is now working with elders on the oral history report that will be used for the ETT's context paper on Justice. The FSIN is finalizing the oral history paper to the ETT on Hunting/Fishing/Trapping/Gathering. Work on oral history for Lands and Resources includes a series of meetings and gatherings with Elders during 2006.