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Treaties have been a principal mechanism for determining relationships between nations and can define rights, responsibilities and mutual obligations. In what is now Canada, Indigenous nations have created and maintained treaties with each other and Europeans for centuries. These treaties were meant to determine how to co-exist peacefully in a territory. They were not understood by Indigenous nations as a surrender of their sovereignty and identities to colonial powers (see also Treaties with Indigenous Peoples in Canada). Newfoundland and Labrador has historically not considered treaties with Indigenous peoples, despite being one of the first places of colonization in the Americas (see also Colonialism in Canada). This omission is primarily attributed to the province’s unique history, distinguishing it from the other Canadian provinces. Before joining Canada, Newfoundland did not have legal mechanisms for recognizing Indigenous nations. As a result, when joining Canada, Indigenous peoples were omitted from the Terms of Union (see also Newfoundland and Labrador and Confederation). In Newfoundland and Labrador, there are no federal or provincially recognized early treaties. However, historical documents and Indigenous histories show there are at least two treaties from the 18th century. Additionally, there are two modern treaties that cover land in Newfoundland and Labrador and several attempted or ongoing treaty negotiations.
Background on Treaties
Treaties are formal agreements between two international entities, usually countries or nations. Treaties with Indigenous peoples in Canada outline rights, benefits and each party's obligations. These legally binding agreements are recognized under international law. Indigenous nations have been creating treaties with each other since time immemorial. The Haudenosaunee Confederacy is an alliance between the Kanyen’kehà:ka (Mohawk), Oneida, Onondaga, Cayuga, Seneca and Tuscarora—commonly referred to as the Six Nations. Since the contact period, Indigenous nations have been forming treaties with Europeans. The well-known Kaswentha (Two Row Wampum) between the Dutch and the Haudenosaunee in 1613 and the Great Peace of Montreal in 1701 between New France and the Haudenosaunee and other Indigenous nations are two prominent examples. Treaties are nation-to-nation agreements. The perspective of Indigenous nations that entered treaties with Europeans is that they did not give over their rights and territories to Europeans. Instead, they agreed to mutual respect and co-existence. The government’s view was that treaties were legal documents that surrendered Indigenous rights to territory. Crown-Indigenous Relations and Northern Affairs Canada acknowledges that treaty rights, along with the rights of Indigenous peoples in Canada, are “recognized and affirmed in section 35 of the Constitution Act, 1982 and are also a key part of the United Nations Declaration on the Rights of Indigenous Peoples, which the Government of Canada has committed to implement in partnership with Indigenous peoples.”
Early Treaties in Newfoundland and Labrador
According to a government report on chronological events in Newfoundland and Labrador’s history, no early treaties were signed between Indigenous nations and European settlers. However, the report includes various treaties signed between European powers. These treaties include the Treaty of Utrecht in 1713 and the Treaty of Versailles in 1783. It also included the Anglo-American Convention, which defined American fishing rights in Newfoundland. Yet, based on Indigenous oral histories and colonial documents, there are likely two early treaties between Indigenous nations and settler-colonial governments in Newfoundland and Labrador. These two treaties are a Mi’kmaw Peace and Friendship Treaty in 1763 and the British-Inuit Peace Treaty in 1765.
Mi'kmaw Peace and Friendship Treaty
One possible early treaty in Newfoundland and Labrador is a renewal of the Mi’kmaw Peace and Friendship Treaties. While the existence of this treaty is contested, supporters state it was a part of the various Peace and Friendship Treaties signed between the Mi’kmaq, Wolastoqiyik (Maliseet), Passamaquoddy and the British before 1779. The Peace and Friendship Treaties were multiple treaties signed in 1725, 1726, 1749, 1752 and 1760-61. They reaffirmed peace between First Nations and the British after periods of war with the French. Traditionally, these treaties are not applied to the island of Ktaqmkuk (Newfoundland). Scholars question if Ktaqmkuk was Mi’kmaw territory before Europeans settled the island. However, Mi’kmaw oral histories show a prolonged presence of Mi’kmaq in Ktaqmkuk before settler arrival. Ktaqmkuk is where the people the Mi’kmaq call ‘Sa'yawe'djki'k’ (ancients) lived prior to the 18th century. Records indicate that Mi’kmaw Chief Jeannot Pequidalouet renewed a Peace and Friendship Treaty on Codroy Island, Newfoundland. According to the Mi’kmaq, Ktaqmkuk was traditionally grouped with the district of Unama’kik (Cape Breton Island). Recently, a researcher from Memorial University of Newfoundland found a letter from Captain Samuel Thompson addressed to the Admiralty secretary in April 1764, describing the treaty in Newfoundland.
British-Inuit Peace Treaty
The British-Inuit Peace Treaty was an agreement between the British and Inuit in central and southern Labrador. This agreement created peace between the Inuit and the British. It also supported British interests and other rights and benefits for each party. In 1764, Governor of Newfoundland, including coastal Labrador, Hugh Palliser, proclaimed that residents should not harm Inuit. He hoped to develop a treaty with the Inuit later. Palliser invited the Inuit to meet in Chateau Bay in August 1765. Over 300 Inuit arrived to participate in a multi-day conference discussing the treaty. This conference resulted in the development of the British-Inuit Peace Treaty. The treaty protected the British from the French and American colonies. It also promised Inuit the protection of the British empire, self-government and rights to natural resources and trade. Some researchers claim that a treaty was not formally produced from this meeting. In contrast, central and southern Labrador Inuit descendants, represented by NunatuKavut Community Council, claim a treaty was established.
Modern Treaties in Newfoundland and Labrador
Modern treaties are modern agreements between the federal, provincial and Indigenous governments. These postdate the creation of Canada and the joining of Newfoundland and Labrador with Canada. In Newfoundland and Labrador, the Labrador Inuit Land Claims Agreement was signed in 2005. Additionally, the Nunavik Inuit Land Claim, that predominantly covers land in the Nunavik region of Quebec, includes some land in Labrador. However, as the Government of Newfoundland and Labrador was not a party in this agreement, it is not generally considered a modern treaty of Newfoundland and Labrador. The overlapping agreement was signed by Nunatsiavut Inuit in Labrador, Nunavik Inuit in Quebec and the federal government.
Labrador Inuit Land Claims Agreement
The Labrador Inuit Land Claims Agreement is a modern treaty between the Labrador Inuit in Nunatsiavut and the federal and provincial governments. The agreement started when the Labrador Inuit filed a land claim in 1977, leading to negotiations with the federal and provincial governments. A framework agreement was established in 1990, and an agreement in principle was reached in 2001. The agreement was ratified by Nunatsiavut members in 2004 and came into effect in 2005. The Labrador Inuit Land Claims Agreement defines the Labrador Inuit Settlement Area, including over 72,000 km2 of land and 44,030 km2 of ocean within that area, and about 15,000 km2 designated as Labrador Inuit Lands. This treaty established the Nunatsiavut Government, which gained authority over culture, education, health and other areas. Labrador Inuit were also granted authority over resource management, such as hunting, trapping and fishing in the Land Claims Area, along with control over their cultural heritage (e.g., artifacts and other material culture). The Torngat Mountains National Park was established within the settlement area as well.
Ongoing Treaty Discussions in Newfoundland and Labrador
There are numerous ongoing or attempted modern treaties at various stages of discussion in Newfoundland and Labrador. There are land claims from the Innu Nation, NunatuKavut Community Council and Ktaqmkuk Mi’kmaq.
Innu Nation Land Claim
The Innu Nation in Labrador has been pursuing a land claim for recognition of their traditional territories and self-governance for years. In 1977, they filed their first land claim with the federal government. The federal government did not believe there was enough evidence, so the Innu Nation received funding to do further research. In 1990, they submitted a revised land claim. They signed a framework agreement in 1996. In 2008, the Innu Nation, the province, and the Energy Corporation of Newfoundland signed the Tshash Petapen Agreement. This agreement resolved issues relating to the Innu Land Claim and various resource development projects. In 2011, an Agreement in Principle was signed in Natuashish, moving towards a final land claims agreement.
NunatuKavut Community Council Land Claim
In 1991, the NunatuKavut Community Council (NCC, then known as the Labrador Metis Association), representing Inuit in southern and central Labrador, filed a land claim with the federal government. The government indicated further research was necessary. In 2010, the NCC submitted an updated land claim. Talks started between the NCC and the federal government on the Recognition of Indigenous Rights and Self-Determination in 2018. In 2019, the NCC signed a memorandum of understanding with the federal government, though it did not mention land claims.
There has been controversy surrounding the Indigenous identity of the NCC. The Royal Commission on Aboriginal Peoples stated that the NCC (then known as the Labrador Métis) shows “historical rootedness, social cohesiveness and cultural self-consciousness that are essential to nationhood” and that they “are likely to be accorded nation status under the recognition policy we propose.” However, multiple Indigenous governments, including the Innu Nation, Nunatsiavut Government and Inuit Tapiriit Kanatami, openly challenged NCC’s claims to Indigenous identity, territory and rights under section 35 of Canada’s constitution.
Ktaqmkuk Land Claim
Ktaqmkuk (Newfoundland) Mi’kmaq, through the Federation of Newfoundland Indians and Conne River Band Council (now Miawpukek First Nation), filed a comprehensive land claim covering the southwest part of the island in 1981. In 1986, the Mi’kmaw land claim was rejected by the provincial and federal governments. They claimed there was a lack of archaeological evidence for pre-settler presence on the island. However, Mi’kmaw oral histories show long-term Mi’kmaw presence in pre-settler Newfoundland. To date, no land claim has been settled for Ktaqmkuk Mi’kmaq, either by the Miawpukek First Nation or the Qalipu Mi’kmaq First Nation. In 2013, Miawpukek First Nation signed a Stand-Alone Self-Government Agreement-in-Principle with the federal and provincial governments, though this agreement was explicitly stated to not be a protected treaty or land claim.
Legacy and Significance
The history of treaties in Newfoundland and Labrador is shaped by the historical lack of provincial and federal recognition of Indigenous peoples in the province. This has contributed to the longstanding neglect of the government’s constitutional responsibilities to Indigenous peoples. Despite being frequently overlooked in historical narratives, early treaties such as the renewal of a Mi’kmaw Peace and Friendship Treaty and the British-Inuit Peace Treaty demonstrate the existence of nation-to-nation agreements in the region. Contemporary agreements, like the Labrador Inuit Land Claims Agreement, reflect ongoing efforts toward Indigenous self-determination. Unresolved claims by the Innu Nation, NunatuKavut Community Council and Ktaqmkuk Mi’kmaq underscore the continued struggle for recognition, justice and reconciliation.
