Private Property and Colonialism in Western Canada: Severalty Lands in Treaty No. 8

Abstract The introduction of private property on Indigenous lands is often associated with dispossession, assimilation, and extinguishment; many studies assert that private property on Indigenous lands is a colonial imposition. Treaty No. 8, made in 1899, provides an opportunity to further explore the links between private property and colonialism. In addition to the provision of reserve lands for First Nation bands, Treaty No. 8 contains a provision for the allocation of lands in severalty to First Nation individuals. Many First Nation people subsequently indicated a desire to claim lands under this provision, but it soon became clear to government officials that severalty land holding could not be reconciled with the legislative framework and governmental policy for allocating treaty benefits in Canada. As a result, Canada failed to fulfill these requests for private property and made efforts to discourage any future claims under this provision. In the case of Treaty No. 8, a forced system of communal land holding was the colonial imposition.