Backgrounder: Honouring the Spirit and Intent of the Pre-Confederation Treaties of Vancouver Island – The Challenges of Treaty Interpretation
Abstract
How do the Pre-Confederation Treaties structure relationships and interactions between
peoples and governments? What roles can and should oral histories and the written text
and other documents play in the interpretation of the Treaties? Can an approach to
treaty interpretation be adopted that does not unduly privilege the written text of the
treaties over First Nation interpretations? Is the search for a “common intention”
plausible? How should treaty interpretation influence and guide processes for treaty
implementation today?
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