Treaty rights refer to Aboriginal rights set out in a treaty. Starting in 1701, in what was to eventually become Canada, the British Crown entered into treaties to encourage peaceful relations with First Nations. Some early treaties, like the Peace and Friendship treaties in the Atlantic region, were strategic alliances. Other later treaties, such as the Numbered Treaties in Ontario, Prairies, as well as parts of the Northwest Territories (1871 to 1921), involved First Nations ceding or surrendering rights to the land in exchange for treaty rights. Treaty rights are protected under s.35 of the Constitution Act, 1982

Aboriginal land claims can involve both the right to the use of lands and/or an Aboriginal title to the land. In 1997, the Supreme Court of Canada ruled in the Delgamuukw case that Aboriginal title is a property rights to the land itself – not just the right to hunt, fish and gather. Aboriginal title is a communal right; an individual cannot hold Aboriginal title.

On the East Coast, Peace and Friendship Treaties were signed with the Mi’kmaq, Maliseet and Passamaquoddy people prior to 1779. Treaties are solemn agreements that set out long-standing promises, mutual obligations and benefits for both parties. The British Crown first began entering into treaties to end hostilities and encourage cooperation between the British and Mi’kmaq, Maliseet and Passamaquoddy people. As the British and French competed for control of North America, treaties were also strategic alliances which could make the difference between success and failure for European powers. Unlike later treaties signed in other parts of Canada, the Peace and Friendship Treaties did not involve our surrendering of rights to lands and resources which we had traditionally used and occupied.