lecture 33: last of the numbered treaties

close of the treaty era:

by 1921 (after treaty 11) gov decided no more treaties with FN (lasted until 1975) - we had dealt enough with land claims/titles etc (they were tired and annoyed)

• treaty 9 - northern part of ontario; 1905-1909 two parts signed

• treaty 10 - northern chunk of saskatchewan and somewhat in MB

• treaty 11 - mckenzie valley area

post-confederation treaties: (5)

• established a legal and political framework intended to govern the coexistence of various communities in a shared space

• largely with the intent to open up the west for settlement from the govs point of view

• treaties were (SUPPOSED) to be nation to nation agreements (none of the numbered treaties were ever passed through parliament) but canada never passed them through parliament and only made the orders in council

• except for treaties 1, 2, 3 which were negotiated, the text for the remainder of the treaties was given by ottawa and there was little room for negotiation

• there were outside oral agreements negotiated by the treaty commissioners, but still they were totally ignored by Ottawa

all of the numbered treaties have what?

an extinguishment clause

extinguishment clause: (3)

the said indians do hereby cede, release, surrender and yield up to the government of the dominion of canada, for his majesty the king and his successor for ever, all their rights, titles and privileges whatsoever, to the lands included within the following limits

• government of canada demanded that this clause be included in every treaty until 2016 deliberately avoided discussions of land in the treaty negotiations

• can first nations ever “extinguish” their relationship to the land - did they understand this - is this what FN were trying to do in making treaty (obviously not)

treaty 9: reasons for treaty (3)

1. CPR and grand trunk northern railway (now CN) railway lines brought an influx of new traders but most importantly prospectors into the area - issues with white settlers ignoring conservation of species as key to trade

2. open the territory for mineral exploration

3. extension of ontario’s boundaries meant that indian title had to be resolved (st. catharines milling case)

treaty 9: (8)

• text of treaty already negotiated and decided between ottawa and ontario - no room for negotiation with FN (just sign here)

• schools were promised - no agricultural equipment or twine for fish nets despite requests for them

• gov promised:

1. $8 for signing & $4 annuity ($25 in previous treaties & $5 in annuity)

2. right to continue hunting and trapping over their traditional territories - largely ignored by ontario who continued to issue licenses to white trappers, timber licences, and mineral exploration

3. reserves of 1. sq mi per family of 5 - reserves had to be confirmed by ontario which was generally not cooperative - may be sold with consent of FN and may be appropriated for public works

4. chief receives flag and copy of treaty (no uniform, medal or special payment)

• FN promised:

1. to uphold the treaty

2. obey the law and maintain peace

treaty 10: (5)

• many requests from FN who had heard about treaty 6 (south) and treaty 8 (west) but were largely ignored

• some rumour of a train line through the area although not undertaken in this period

• pressure from métis scrip

• federal government not interested in areas with no agricultural potential and wanted to leave FN to hunting, trapping, fishing way of life

• 1905 creation of saskatchewan provided necessary impetus

treaty 10 terms: (5)

gov promised:

1. 1 sq. mile reserve land per family of 5 (with usual conditions allowing for gov expropriation)

2. education as government deemed necessary

3. right to continue hunting, trapping and fishing except on land needed for mining, forestry etc.

4. annuities: $5 per person, $15 per headman, $25 per chief, +$12 signing bonus

5. annual distribution of ammunition and twine with unspecified help in agriculture

treaty 11: (6)

• despite numerous requests from FN, their concerns were totally ignored

• number of surveys of the population undertaken by indian affairs, all indicating a different situation - also requests from missionaries, RCMP, HBC all ignored

• not until the discovery of oil fields after WW1 and in particular a well at norman wells in 1920 did the gov see any point in negotiating treaty

• FN most concerned with the protection of hunting and fishing rights which the commissioners blithely confirmed

• lots of people missed during negotiations and had to be added in later after the fact

• reserves were never established

treaty 11 terms: (7)

gov promised:

1. reserves of 1 sq mile per family of 5 with usual conditions allowing gov appropriation

2. right to hunt, trap, fish over entire territory except where required for mining, lumber etc.

3. signing payment of $12 per person, $22 per headman, $32 per chief

4. annuity of $5 per person, $15 per headman, $25 per chief

5. suit of clothing for every headman every 3 years, medals and flags when treaty signed

6. schools - already one at fort providence

7. agricultural tools, $50 of hunting and fishing equipment to each family upon signing and $3 of hunting and fishing equipment annually

by the end of the numbered treaty process in 1921, most of canada except…

• QUEBEC

• BC

• NORTHWEST TERRITORIES

• NEWFOUNDLAND/LABRADOR

was covered by treaties

treaty process exacerbated the divisions between…

first nations and métis

although canada allows for the surrender of aboriginal title to the crown, this does not mean…

that it is surrenderable under aboriginal law

treaty 9, 10, 11 elders have all testified…

that there was no discussion of surrendering the land in treaty negotiations