Description of the Canado-American Treaties Collection

(by Graham Barnes, from DFAIT, Government of Canada)

Canadian treaties are collected in a number of documentary series for archival and research purposes. The series to which a document belongs is indicated by the serial number at the end of the entry. These series reflect the history of Canada's status in international relations.

The oldest international documents affecting Canada are part of the series British and Foreign State Papers (BSP). Examples include the Treaty of Paris ending the American War of Independence (Peace), the Treaty of Ghent ending the War of 1812 (Peace), and the Jay Treaty of 1795 (Commerce).

During the nineteenth and early twentieth centuries, Canada progressively achieved full self-government and began to take a role in the negotiation of treaties. The first such was the Treaty of Washington, 1871 (Boundaries), in which the Prime Minister, Sir John A. Macdonald, participated. A flurry of boundary and maritime treaties started the modern Canada-U.S. relationship in the first decade of the twentieth century, and Canada participated in this process. However, Canada remained a part of the British Empire, which was considered an indivisible unit in international relations, and the official negotiator of treaties with the U.S. continued to be the Foreign Office of HM Government in London. Agreements from this period are compiled in the Treaties and Agreements affecting Canada in force between His Britannic Majesty and the United States of America (1814-1925) (CUS). The Treaty of Ghent is also listed here, as No. 1 of the CUS series.

The contributions of the Dominions to World War One and developing national sentiments led to the Imperial Conference of 1926, which ratified a growing belief that the British Crown and Empire should be divisible legal entities. Henceforth, Canada and other Dominions, while remaining within the Commonwealth, would be sovereign entities in international relations with the power to conclude treaties and conduct distinct foreign policies as desired. This independence of legal sovereignty in foreign policy was reaffirmed by the Statute of Westminster, 11 December 1931. Treaties since 1925 have been concluded and ratified by Canada itself, and compiled in the Canada Treaty Series (CTS).

Other treaty series make an appearance in this catalogue. Several bilateral agreements are listed as components of the United Nations Treaty Series (UNTS). Another series administered by the UN also appears, the United States Treaties and Other International Agreements (TIAS). Finally, Canada assumed several British obligations with the Union of Newfoundland in 1949. These agreements tend to carry numbers in the British Treaty Series (BTS) as well as their CTS numbers.