THE COVID-19 PANDEMIC:

INVOKING THE FAMINE AND PESTILENCE CLAUSE TO BE PAIRED WITH THE MEDICINE CHEST CLAUSE FROM THE NUMBERED TREATIES

Abstract

The COVID-19 pandemic requires specific treaty-based strategies
to address the unique position of First Nations communities
across Canada within treaty territories. A treaty-based
approach is necessary to recognize certain provisions set out
in the Numbered Treaties in Canada. These provisions include
the Famine and Pestilence Clause and Medicine Chest Clause,
both clauses were agreed to during the Treaty #6 signing in
1876. In the Famine and Pestilence Clause the Crown agreed to
provide assistance to the “Indian” Peoples in the event of any
calamity that came upon them, such as locust raids, storms,
starvation, or disease. The Medicine Chest Clause implements
the means to provide the medical aid to go along with the
Famine and Pestilence Clause. The Government of Canada
has a legal obligation to immediately invoke the Famine and
Pestilence Clause together with the Medicine Chest Clause in
a strategy to address the spread of the COVID-19 pandemic.