Given the challenges they experienced with historical treaties, why are Indigenous peoples negotiating modern treaties today?  Let’s explore key differences between the two types of agreements.

Modern treaties are more detailed than historical treaties, are negotiated over a period of years rather than days, and all parties are represented by lawyers and professional negotiators. The negotiation process is more inclusive than that of historical treaties, and the text more accurately reflects the Indigenous party’s understanding of the agreement.

Also, unlike historical treaties, modern treaties often include implementation plans, amendment provisions, periodic reviews, and dispute resolution clauses.

Historical treaties were also only negotiated with First Nations people, while modern treaties are negotiated with First Nation, Métis, and Inuit.

Modern treaties provide a way for Indigenous peoples, the federal government and other signatories to have a clear-eyed conversation about their relationships in the past, today, and going forward. Historical treaties, however, remain stuck in a world where, off-reserve, the provinces have all the land, resources, and decision-making powers on Crown land.