History shows trade war would hurt Indigenous people the most

Opinion

Hey there, time traveller!
This article was published 07/02/2025 (215 days ago), so information in it may no longer be current.

In 1794, the United States and Great Britain, defending lands that are now Canada, were at the brink of war over trade.

British goods had flooded the U.S. market. American goods, coming the other way, were subject to high tariffs and restrictions.

At the same time, the British occupied forts on the U.S. side of the border established by the 1783 Treaty of Paris, infuriating the Americans.

Indigenous communities, many allied with the British, had also become very hostile to the U.S., who had taken a very militaristic and brutal approach to aggressively expanding the nation.

Seeking to solve this trade war, president George Washington sent chief justice John Jay to negotiate a deal.

The Jay Treaty resulted in the U.S. receiving “most favoured nation” status with the British and the relinquishing of the forts to the Americans. In return, the U.S. would not ally with France, which was at war with Britain.

The British also negotiated a special clause for Indigenous people.

Article 3 of the Jay Treaty states, “It is agreed, that it shall at all times be free to His Majesty’s subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass, by land or inland navigation into the respective territories and countries of the two parties on the continent of America, and freely carry on trade and commerce with each other.”

In other words, Indigenous people could cross the border freely for business.

The two countries would go to war in 1812. For Britain, this meant the Jay Treaty was cancelled — so, Canada doesn’t affirm this right. The U.S., however, still recognizes it.

This means, according to various rulings by American courts and the U.S. embassy website, that status Indians born in Canada can pass freely into the U.S. for the purposes of “employment, study, retirement, investing, and/or immigration.”

These days, this is now some First Nations — such as the Haudenosaunee, whose territories straddle the border — keep their economies and businesses operable, with members crossing the border numerous times a day.

For other Indigenous nations, who have also experienced their territories cut in half because of what we call the “medicine line,” this is how we continue our ceremonial connections, lodges and ties with one another. That includes my people, the Anishinaabe.

In some cases, First Nations people (again, such as myself) have used the Jay Treaty to access education and conduct business in the south, continuing trading and economic relationships our ancestors have had for millennia.

The Jay Treaty has come under the microscope because of — you guessed it — another potential trade war.

The Federation of Sovereign Indigenous Nations (representing 74 First Nations in Saskatchewan) issued a news release on Jan. 29 saying it had been told about instances in which U.S. border agents denying Jay Treaty rights.

It’s already obvious that if the U.S. imposes a 25 per cent tariff on Canadian goods, Indigenous people would particularly suffer. Increased prices would create crises in already emergency situations, for example.

Take food. Indigenous people from all walks of life already experience more hunger and food insecurity because of high prices, lack of access and poverty — and not only on northern First Nations. The scientific journal BMC Health Service Research reported that 24 per cent of off-reserve, urban Indigenous people experience a “compromised diet and 33 per cent experienced food insecurity.”

Indigenous people also are often under-educated and do not have the same access to colleges and universities, so they often are seasonal, part-time and front-line workers.

Who will be the first to be laid off when the economy slows down?

Indigenous business owners are also farmers, exporters and tech operators who rely on cross-border trade in every aspect of their business.

The proposed U.S. tariffs have evoked many reactions in Canada. The most powerful has been a kind of national unity, for all people of Canada to join together to “buy local, support local and invest local.”

As witnessed during the COVID-19 pandemic, when this country faces a crisis, a unique approach must be taken to support Indigenous communities — the most local of the local.

To not do so is disastrous for Canadians in every way.

It’s clear Canada needs to stand up against U.S. tariffs, which will impact all of us — some more than others.

In an odd and unexpected revisiting of the late 18th century, Canada will also need to repeat what their British ancestors did in 1794: stand up and negotiate for their Indigenous allies, ensuring their rights are protected against U.S. advancement and erasure.

The alternative would be catastrophic.

I’ll leave the conversation to occupy forts on the U.S. side for later.

niigaan.sinclair@freepress.mb.ca