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Unsubstantiated treaty interpretations not helpful

No dialogue is more consistently misinformed than that regarding aboriginal and treaty rights. Steven Kakinoosit's letter about education as a Treaty 8 right ('Sun's Still Shining', February 3) continues the practice.

No dialogue is more consistently misinformed than that regarding aboriginal and treaty rights. Steven Kakinoosit's letter about education as a Treaty 8 right ('Sun's Still Shining', February 3) continues the practice.

Treaty 8 is in fact silent about education except for a provision that Canada may fund certain teacher salaries. In their 1899 report on the negotiations, the treaty Commissioners reported "as to education the Indians were assured that there was no need of any special stipulation, as it was the policy of the Government to provide in every part of the country, as far as circumstances would permit, for the education of Indian children, ...". No one suggests that Canada adequately fulfilled its commitment to universal education but the problem is not a matter of treaty implementation.

Mr. Kakinoosit is also incorrect in characterizing treaty 8 as a "contract". Although treaties have contractual aspects the Supreme Court of Canada long ago made it clear that they are unique constitutionally recognized agreements that are much more than mere contracts.

Other problems with the letter include describing the northern boundary, which is actually well north of Dawson Creek, and a failure to appreciate that the 1899 signing at Lesser Slave Lake was the beginning of a long series of adhesions that continued up until the year 2000. As such, no single group of signatories could repudiate the treaty.

Finally, the quote "until the grass stops growing and the sun stops shining" does not appear in Treaty 8.

There are certainly serious barriers to aboriginal education, most having to do with legacy issues and inequities between federal and provincial funding programs. These must be dealt with in a timely and constructive manner before we collectively diminish the future of yet another generation. However, confusing the issue with unsubstantiated treaty interpretations is not at all helpful.

Richard Krehbiel

Prince George