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?