Treaties - (Numbered and Various) (Oct. 14)

This looked at some of the different types of Treaties that exist in Canada with First Nations people.

What were Peace and Friendship Treaties?

Early treaties where Indigenous nations and Europeans agreed to friendship, peace, and trade, not land surrender.

• Signed between British (Europeans) and the Mi'kmaq, between the 1620s–1650s.

• Nation-nation agreements that were renewed (every 30 years, as things changed).

What did the Marshall case highlight about these treaties?

They included trade rights, and the inherent rights to be able to hunt, fish, trap.

What were the Haldimand Treaties?

Treaties in Ontario where First Nations were given cash in exchange for land.

• These were signed between the Mississauga (Anishinaabe), and the British. 

• Treaties were made to give land to Joseph Brant and the Mohawks who fled the U.S.

• After the 1830s, reserves could only be held in trust, so he couldn’t sell it.

Douglas Treaties (BC) 

James Douglas in BC made the Douglas Treaties. He was the Governor of B.C. who signed treaties with local nations (1850–1854).

• He thought he was setting a model for other colonies by negotiating fairly.

• Douglas was replaced by Joseph Trutch, who refused to sign treaties.

• The Douglas Treaties and Treaty 8 are the only ones to exist in BC. The other areas have no treaties and are unceded. 

Robinson Treaties (Huron and Superior, ON)

These treaties were negotiated by William Robinson. This treaty making process followed hte Royal Proclamation rules.

• This treaty introduced the first ever treaty annuities of $3 a year.

Relevance of the Robinson Treaties

Courts ruled that First Nations must be properly compensated when annuities should have increased.

What triggered the first seven Numbered Treaties?

The Rupert’s Land purchase, when Canada bought HBC land.

• First Nations communities were opposed to and challenged this because they were never consulted with in the sale of the land.

• They said that HBC never owned the land to sell.

Who was the main treaty negotiator?

Alexander Morris, (1826–1889) was a senior Canadian government official who helped negotiate several of the Numbered Treaties (Treaties 1–7) in western Canada.

• He served as the Lieutenant Governor of Manitoba and the Northwest Territories.

• He was the federal government’s lead treaty negotiator during the early 1870s.

• He helped negotiate Treaties 1, 2, 3, 4, 5, and 6.

• He tried to follow the principles of the Royal Proclamation of 1763, which recognized Indigenous land rights.

What issue exists with Treaty 11 (1921)?

Many “signatures” were actually pen touches, raising doubts about consent.

What is a treaty adhesion?

When a First Nation joins an existing treaty instead of negotiating a new one.

What problem happened at Split Lake?

The Chief accidentally signed an individual adhesion, not a collective one, possibly grounds for a court challenge.

Why are water rights an issue in treaty interpretation?

Historic treaties say “lands,” not water, suggesting water was never surrendered.

What is the Indigenous interpretation approach?

The spirit and intent of the treaty. What was agreed to in words, ceremony, and understanding, not just the written text.

What is a “meaningful” treaty interpretation?

A liberal and generous reading that reflects Indigenous needs and understandings.

How does the federal government interpret treaties?

Like a written contract, focusing on literal wording.

Treaty 1 (1871)

Southern Manitoba (Winnipeg area)

Treaty 1 was the first of the Numbered Treaties.

• It included yearly payments ($3), land allotments (120 acres per family), farming tools, and support for transitioning to agriculture.

• Chiefs were also given coats, medals, and gifts.

• The treaty created reserves around the area now known as Winnipeg.

Treaty 2 (1871)

Southern & Central Manitoba

Signed the same year as Treaty 1, it covered a large part of central and southern Manitoba.

• It had similar terms: annuities, land, and farming support.

• It laid the foundation for later treaties in the region.

Treaty 3 (1873) 

Northwestern Ontario & Southeast Manitoba

The First Nations involved had more experience negotiating with Europeans and pushed for better terms.

• Treaty 3 increased annuities from $3 to $5 and increased land amounts.

• They also asked for water protection, which later proved significant because their waters were poisoned 100 years later (Wabigoon).

Treaty 4 (1874)

Saskatchewan & Western Manitoba (Qu’Appelle Valley)

Treaty 4 is known as the “Blanket Treaty.”

• First Nations consulted Treaty 3 nations and demanded similar $5 annuities.

• Oral promises were emphasized, the Treaty Commissioner compared the treaty to a warm blanket, showing how oral agreements were important.

Treaty 5 (1875)

Lake Winnipeg Region

Originally signed with a few communities (Berens River, Cross Lake, Grand Rapids, Norway House) with later adhesions added.

• The government tried to reduce land size and annuities, creating disagreements.

• The treaty focused on the Lake Winnipeg area and was sometimes called the Lake Winnipeg Treaty.

Treaty 6 (1876)

Central Saskatchewan & Alberta

Treaty 6 is famous for the Medicine Chest Clause, which First Nations insisted on, meaning a guarantee of health care.

• They also negotiated famine and pestilence relief because of recent smallpox epidemics.

• It included standard annuities and land but added stronger protections due to health crises.

Treaty 7 (1877)

Southern Alberta

Signed with the Blackfoot Confederacy. It included $5 annuities, land, and support for farming.

• This was the last treaty with meaningful negotiations before the government shifted to using treaties mainly to clear land for settlement.

• Last meaningful negotiation that occurred in the Treaty process for First Nations. 

Treaty 8 (1899)

Northern Alberta, Northeast BC, Northwest Saskatchewan, Southwest NWT

Treaty 8 was negotiated because of increased travel and settlement through Dene territories during the Yukon Gold Rush.

• It promised $5 annuities, land, and the right to hunt, fish, and trap.

• People feared losing their way of life due to outsiders moving through their lands.

• It covers one of the largest treaty areas in Canada.

Treaty 9 (1905–1906)

Northern Ontario (James Bay region)

Ontario wanted access to minerals, forestry, and northern resources, so it pushed for this treaty.

• First Nations agreed based on promises of continued hunting, fishing, and trapping.

• However, major terms were recorded differently in the commissioners’ oral promises vs. the written treaty (a major legal issue today).

• Annuities remained $5 per person.

Treaty 10 (1906–1907)

Northern Saskatchewan

First Nations asked for medical care, and the treaty commissioner orally promised a doctor, but this promise was not written into the treaty (similar to Treaty 6’s Medicine Chest idea).

• People agreed because food shortages and poverty were becoming major issues

• Like earlier treaties, it included hunting, fishing, trapping rights, and $5 annuities.

Treaty 11 (1921)

Mackenzie Valley, Northwest Territories

Treaty 11 was driven by the discovery of oil and gas in the region.

• Some First Nations did not want reserves, remembering the problems faced by Treaty 8 nations.

• Many “signatures” were done by touching the pen, raising concerns about whether true consent was given.

• Only one reserve was created (Hay River), and treaty implementation became a long-standing dispute.