Citizenship 9 • Treaty Courtroom Materials Kit — TEACHER PRINT
Lesson Plan

Treaty Courtroom — Facilitator Sheet

Unit 2: Rights, Treaties & Truth and Reconciliation • Room 8 • Mr. Waugh

DOC ID: CIT9-TR11
PAGE 1 — TEACHER COPY
Framing rule (say this before groupings): "The two Treaty Tables are studying the positions the negotiating teams brought to the table in 1760 — nobody is role-playing an ethnicity. Group C carries modern voices, and the Justices run the room." Target the respectful-language rubric line at cheap wins, not identity.

Run of show (60–75 min)

TimeWhat happensYou need
0:00–0:10Entry + 7-min intro video (NotebookLM build from the source doc)Projector, video
0:10–0:22Fact priming: hand out Page 2 (Timeline & Map); walk it; vocabularyPage 2 ×28
0:22–0:30Team prep: deal role cards + clause cards + evidence cards (see Page 1 deal list)Pages 3–5 cut
0:30–0:50The trial: 4 evidence rounds, chips rule active, justices questionChips, slips jar (Page 6)
0:50–0:55Round 5 — the reveal (script below)This page
0:55–1:05Modern-implications debrief; justices announce preliminary rulingExit prompts (plan)
1:05–1:10Exit ticket / 45–60 s voice note (oral option = documented pathway)Plan p. exit prompts

Deal list (28 students, 4 groups of 7)

GroupRole cardClause cardsEvidence cards
A (7)Treaty Table One — Mi'kmaw Negotiators 17601, 3, 7, 8R1a, R2a, R3a, R4a
B (7)Treaty Table Two — British Crown Negotiators 17602, 4, 5, 8R1b, R2b, R3b, R4b
C (7)Modern Voices Panel (4 speaking seats + 3 researchers)2, 3, 6 (shared)R1a + R1b, R2a + R2b
D (7)Justices6 (shared)Question slips jar (Page 6) + note paper

Speaking chips

Every non-justice student gets 2 chips. You must spend one chip before you may speak a second time, and you cannot spend a second chip until everyone in your group has spent their first. Justices do not use chips — they ask up to two questions per round and may call on submitted slips instead of hands.

Round 5 — THE REVEAL (teacher script)

Read after Round 4, before rebuttals:
"Two facts the whole trial turns on. One: no Peace and Friendship treaty (1725–1779) contains a single line surrendering land — go look, the clause cards say so. Two: Mi'kmaw oral tradition records the promises lasting 'as long as the sun shines, the grass grows, and the rivers flow' — that is the spirit-and-intent reading, and since 1982 (Section 35) it has constitutional weight. If both things are true, then the question is not whether the treaties still apply — it is who gets to say what they mean. That is the case you have been arguing."

Trial rubric (per student, formative — teacher holds this page)

DimensionPointsWhat a 4 / 3 looks like
Evidence use0–44 = cites a specific clause/case/date from a card
Historical/treaty accuracy0–44 = no invented facts; corrects a mix-up when heard
Listening & rebuttal0–44 = answers the argument actually made, not a rehearsed line
Participation equity0–33 = chips rule honored; slips count as participation
Respectful language0–33 = argues positions, never identities
Total18Same 18-pt shape as the paper docket (CIT9-TR10)

Mi'kma'ki & the Treaties — Timeline Handout

One copy per student • keep for the whole trial

DOC ID: CIT9-TR11
PAGE 2 — STUDENT HANDOUT

Timeline

  • before 1600sMi'kmaq live throughout Mi'kma'ki — 7 districts, Grand Council, own laws, seasonal harvesting economies.
  • 1605Port-Royal founded. Contact grows through the cod fishery and fur trade — Mi'kmaq negotiate and ally, especially with the French.
  • 1600s–1700sDisease, settler expansion, and imperial wars (Britain vs. France) put huge pressure on Mi'kmaw communities.
  • 1725–1779The Peace and Friendship Treaties: the British Crown and the Mi'kmaq, Wolastoqey, and Peskotomuhkati sign a series of agreements.
  • 1752Treaty signed by Governor Peregrine Hopson and Chief Jean-Baptiste Cope — hunting and fishing "as usual" protected.
  • 1760–61Treaties after the fall of Louisbourg (1758) and Quebec (1759). Include the Truckhouse Clause — Crown trading posts for furs and "necessaries."
  • 1982Section 35, Constitution Act: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed."
  • 1999R. v. Marshall: Supreme Court acquits Donald Marshall Jr. — the 1760 truckhouse clause protects fishing/trading for a moderate livelihood.
  • 2020Sipekne'katik launches a self-regulated lobster fishery in St. Mary's Bay under treaty rights; protests and blockades follow.
  • 2026You. The question: what do these treaties ask of citizens now?

The land: Mi'kma'ki

Mi'kma'ki includes all of present-day Nova Scotia, Prince Edward Island, much of New Brunswick, the Gaspé peninsula, and parts of Newfoundland. Traditional districts include Sipekne'katik, Kespukwitk, and Unama'kik — four more stretch across the Gulf region. Halifax (founded 1749) sits inside this territory.

Key fact for the trial: none of the Peace and Friendship Treaties contains a line surrendering land. Mi'kma'ki is unceded.

Key words

  • Truckhouse — a Crown-run trading post; furs in, goods out.
  • Netukulimk — Mi'kmaw harvesting idea: take only what you need, so future generations have plenty too.
  • Msit No'kmaq — "all my relations": people, animals, waters are connected and carry mutual obligations.
  • Moderate livelihood — enough from fishing/hunting for food, shelter, and basic needs.
  • Unceded — never given up by treaty or sale.
  • Spirit and intent — what the promise *meant*, not just its literal written words.

Role Cards — cut along the dashes

4 cards • one per group • deal after the video

DOC ID: CIT9-TR11
PAGE 3 — ROLE CARDS

✂ Cut into 4 cards. The "must be able to say" line is your group's floor, not your ceiling.

GROUP A · 7 students

Treaty Table One — Mi'kmaw Negotiators, 1760

You are studying the position the Mi'kmaw negotiating team brought to the table. You are not role-playing an ethnicity — you are arguing a historical position.

Your job: show what Mi'kmaw leaders wanted and understood.

  • Peace after years of war — and promises kept, not just spoken.
  • Guaranteed trade: the truckhouse means the Crown supplies what the community needs.
  • Hunting and fishing "as usual" — no new permission needed.
  • This was nation-to-nation: independent peoples making an alliance.
  • Oral promises and the spirit of the agreement matter as much as the paper.
Must be able to say: "Our people never agreed to give up our land."
GROUP B · 7 students

Treaty Table Two — British Crown Negotiators, 1760

You are studying the position the British negotiating team brought to the table. You are arguing a historical position, not defending an empire.

Your job: show what the British wanted and why they signed.

  • End the wars on the frontier so their colonies are safe.
  • Control trade through Crown truckhouses — and cut off French traders.
  • A written document: clear terms both sides can point to later.
  • Peace under British law brings order to the territory.
  • Today's governments say: regulation for conservation applies to everyone.
Must be able to say: "A written treaty sets the rules both sides can point to."
GROUP C · 7 students

Modern Voices Panel — Nova Scotia, 2026

Four speaking seats: Mi'kmaw harvester · commercial fishing family member · government regulator · town resident. Three researchers feed you evidence.

Your job: bring the 2020s into a 1760 argument.

  • Harvester: treaty right to fish for a moderate livelihood; our community regulates itself under Netukulimk.
  • Fishing family: seasons and licences protect the stock — the rules must hold for everyone.
  • Regulator: conservation and public safety justify limits; consultation with communities is required.
  • Town resident: I did not sign anything — so what does "we are all treaty people" ask of me?
Must be able to say: "Here is how this clause lands in 2026."
GROUP D · 7 students

The Justices

You run the fairness of the trial. You never argue a side.

Your job: question, keep the room honest, and rule.

  • Ask up to two questions per round — neutral ones, not speeches.
  • Between rounds, read submitted question slips aloud (choose the sharpest).
  • Track: who used evidence? who dodged the question?
  • Final ruling must answer: What does the written text say? What does oral tradition say? What is fair in 2026?
  • A preliminary ruling is allowed to say "both sides are partly right — here is the tension."
Must be able to say: "On the evidence before this court…"

Clause Cards — what the treaties actually say

8 cards • deal per the facilitator sheet • quote them out loud in the trial

DOC ID: CIT9-TR11
PAGE 4 — CLAUSE CARDS

✂ Cut into 8 cards. Cards marked (verbatim) are real treaty or statute text — quote exactly.

Clause 1

Hunting & Fishing "As Usual" (1752)

The 1752 Treaty promises the Mi'kmaq "free liberty of Hunting & Fishing as usual" (verbatim phrase). Harvesting continues the way it always has — no licence, no season, no permission from the Crown.

Clause 2

The Truckhouse Clause (1760–61) (verbatim)

"And that a Truckhouse shall be established at Fort Edward or elsewhere, for furnishing the Indians with necessaries in Exchange for their Peltry and other commodities." A Crown trading post: furs in, supplies out.

Clause 3

No Land Cession

None of the Peace and Friendship Treaties (1725–1779) contains a single line surrendering, selling, or ceding land. Unlike the later Numbered Treaties in Western Canada, land was never on the table. The treaties were about peace, friendship, and trade.

Clause 4

Peace After War

The treaties follow decades of imperial warfare — including after the falls of Louisbourg (1758) and Quebec (1759). They exchange promises of peace, the return of captives, and safe movement for trade and travel. Both sides wanted an end to the fighting.

Clause 5

Trade Under the Crown

The truckhouse was also a control tool. The British wanted Mi'kmaq trade directed to Crown posts instead of French merchants. A promise of supply and a machine of monopoly can live in the same sentence — each side read it its own way.

Clause 6

Section 35, Constitution Act 1982 (verbatim)

"The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." Treaties older than Canada itself are part of its highest law.

Clause 7

The Oral Understanding

Mi'kmaw tradition records the promises lasting "as long as the sun shines, the grass grows, and the rivers flow." Carried by ceremony and Elders, not paper. Mi'kmaw reading: judge the promise by its spirit and intent, not only the literal written words.

Clause 8

Who Signed, and When

1752: Governor Peregrine Hopson and Chief Jean-Baptiste Cope. 1760–61: signed after Britain won the war in the region — Louisbourg fell in 1758, Quebec in 1759. The British held the military upper hand; both sides still needed the peace.

Evidence Cards — four rounds, two cards each

8 cards • play the pair that matches the round being argued

DOC ID: CIT9-TR11
PAGE 5 — EVIDENCE CARDS

✂ Cut into 8 cards. Every card ends with a "So what?" — answer it out loud.

R1a · Fishery

R. v. Marshall, 1999

1993: Donald Marshall Jr. catches and sells 463 pounds of eels in Pomquet Harbour — no DFO licence. 1999: the Supreme Court acquits him. The 1760 truckhouse clause protects catching and trading fish for a moderate livelihood, under Section 35.

So what? Why did a 1999 court care what a 1760 clause promised?

R1b · Fishery

St. Mary's Bay, 2020

Sipekne'katik First Nation launches a self-regulated lobster fishery — community-issued tags, outside the federal season. Commercial crews protest; blockades and violence follow. The fight is over who holds regulatory authority.

So what? Is the dispute about rights, or about who enforces the rules?

R2a · Land

Never Ceded

Mi'kma'ki is unceded: no treaty gave the land away. Crown ownership was never legally transferred by treaty, yet the Crown governs, sells, and licenses land across the province today.

So what? If the land was never given up, what do modern governments owe before using it?

R2b · Land

Development: Consent vs. Consultation

Big projects on unceded land: Mi'kmaw position — free, prior, and informed consent required, not a brief meeting. Government position — consultation yes, but a full veto would block projects the wider economy needs.

So what? Where is the line between being heard and having a say?

R3a · Reading the treaty

Oral Tradition & Spirit and Intent

The Mi'kmaw side carries the treaties as oral history — ceremony, Elders, memory. Courts increasingly accept oral history as evidence. Spirit and intent asks: what did the promise mean to the people who made it?

So what? Should a spoken promise weigh the same as a written one?

R3b · Reading the treaty

The Written Text

The treaties survive on paper — in colonial legal English, drafted under pressure. Governments and courts set legal limits from the written words. Text is public, fixed, and citable in court.

So what? What is gained — and lost — when only the paper counts?

R4a · Status

Nation-to-Nation

Mi'kmaw reading: the treaties are agreements between independent nations — alliance, not surrender. Language that reads as "submission" may reflect mistranslation or the assumptions of the British scribes who wrote it down.

So what? Who gets to write the official version — and who remembers it?

R4b · Status

Under Crown Law

British reading: the treaties brought Mi'kma'ki under Crown sovereignty and law. Modern governments inherit that sovereignty — and with it a duty to govern for everyone, including regulating for conservation.

So what? Can a government govern a territory one people says was never given up?

Justice Question Slips

Anyone may submit one instead of speaking • justices read the sharpest between rounds

DOC ID: CIT9-TR11
PAGE 6 — QUESTION SLIPS

✂ Cut into 12 slips (8 printed + 4 blank). Keep them in a jar at the Justices' table.

What did each side mean by "as usual"?
Who decides today what a "moderate livelihood" is?
Can a promise made in 1760 still be law in 2026? Why or why not?
What happens when two peoples remember the same agreement differently?
Is regulating an activity the same as denying it? Where is the line?
What would make this trial fair to both sides?
What does "we are all treaty people" ask of YOU?
Whose voice is missing from this trial?
Teacher note: a submitted slip counts as participation (chips rule). Students working from an alternate location can contribute slips too — collect theirs before the trial starts.