Treaty Day

Treaty Day is celebrated by Nova Scotians annually on October 1 in recognition of the Treaties signed between the British Empire and the Mi'kmaq people. The first treaty was signed in 1725 after Father Rale's War. The final Halifax Treaties of 1760-61, marked the end of 75 years of regular warfare between the Mi'kmaq and the British (see the four French and Indian Wars as well as Father Rale's War and Father Le Loutre's War). The treaty making process of 1760-61, ended with the Halifax Treaties (1760-1761).

The treaties were only formally recognized by the Supreme Court of Canada once they were enshrined in the Canadian Constitution in 1982. The first Treaty Day occurred in 1986, the year after the Supreme Court upheld the Peace Treaty of 1752 signed by Jean-Baptiste Cope and Governor Peregrine Hopson. Since that time there have been numerous judicial decisions that have upheld the other treaties in the Supreme Court, the most recognized being the Donald Marshall case.

The day October 1 was chosen because the Treaty of 1752 designated October 1 as the date on which the Mi’kmaw people would receive gifts from the Crown to “renew their friendship and submissions.” The purpose of Treaty Day is also to promote public awareness about the Mi’kmaw culture and heritage for all citizens of Nova Scotia.

HIstorian Stephen Patterson indicates that the Halifax Treaties established a lasting peace on the basis that the MI'kmaq surrendered and chose to uphold the rule of law through the British courts rather than resorting to violence. Patterson reports that the Mi'kmaq were not in a position of military strength after the defeat of the French. He argues that without a supply of guns and ammunition, the Mi'kmaq lost their ability to fight and to hunt for food. As a result, the British were able to define themselves the terms of the Treaties. Patterson identifies the Halifax Treaties define the relationship between the Mi'kmaq and the British. While the Treaties do not stipulate the laws governing land and resources, the treaties ensured that both parties would follow the laws that would eventually be made to deal with these matters and any other matters. The British, accepted a continuing role for existing Mi'kmaw polities within the limits of British sovereignty.”

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