Treaties in Canada

Canada only became a country in 1867 and was trying to build a strong, new nation. To do this the government needed more populations so they encouraged immigrants to come and settle in Canada (Nishnawbe-Aski Nation: 27-28). Settlers mainly came from Europe, towns grew up in many places and people migrated across Canada to find work and settle farms. By this time in Canada, the population of newcomers had outgrown the First Peoples (ibid). Therefore, we were in the way of “progress” and certainly in the way of railroads, clear cutting forestry, mine development, surveying, road construction and exploration.

Government's view of Treaty No. Nine

So, in the late 1800s in Canada, many treaties were being signed reluctantly by First Peoples so they could find some relief from all the pressure to their lands.

In the 1800s, explorers, geologists, prospectors and surveyors traveled through Northern Ontario assessing it as I’ve said, for resource development such as railroad construction, mining, hydroelectric energy, forestry, and agricultural uses. Our peoples knew of the strangers in our land and even petitioned the governments of Ontario and Canada as early as 1889 to protect our lands (Long 1978: Introduction, 7, 18, 21). The government knew that our lands were being encroached on but their view was that “civilization” “settlement” and “progress” was inevitable in the north. As well, the resource potential for the governments included gold, silver, pulp/paper, and electricity that would make them wealthy and economically stable. But first the governments needed to deal with our peoples, to extinguish our claims and secure the title to our land so that development and settlement was unobstructed (Nishnawbe-Aski Nation 1986: 32). And the legal instruments they had been using all over Canada to deal with First Peoples were treaties.

Frank Pedley, Deputy Superintendent General of Indian Affairs wrote in 1904, “The strong reason by which this Government is actuated in the making of the treaty is the old and well-established rule that a way must be smoothed for exploration, location of railway lines and construction, by extinction of the Indian title” (Long 1978: 9). As well, Duncan Campbell Scott, Commissioner of the Department of Indian Affairs speaking of the Treaty No. Nine interactions with our peoples in 1905 said:

Treaty No. Nine Commissioner Duncan Campbell Scott

"They were to make certain promises and we were to make certain promises, but our purpose and our reasons were alike unknowable. What could they grasp of the pronouncement on the Indian tenure which had been delivered by the law lords of the Crown, what of the elaborate negotiations between a dominion and a province which had made the treaty possible, what of the sense of traditional policy which brooded over the whole? Nothing. So there was no basis for argument" (Long 2006:12).

At Fort Hope, Treaty Commissioner George MacMartin described in his journal the way Duncan Campbell Scott explained the treaty to the Anishiinaabe men:

“[T]he King has sent the Commission to see how his people were and to enter into a Treaty with them, and that the King wished to help his subjects and see that they were happy and comfortable, giving them as a present this year $8 per capita and an annuity for ever of $4 per annum, also setting aside for their sole use and benefit a tract of land 1 square mile to each family of 5 that no white man should put his foot on without their permission” (ibid: 14).

At the end of their treaty signing mission in Northern Ontario, the Treaty Commissioners wrote to their superiors, “The Indians, and we confidently believe do not, expect any other concessions than those set forth in the documents to which they gave their adherence” (Morrison 1986: no pagination). To read more about the Treaty Commissioners route in 1905 to our lands go to this link http://www.ainc-inac.gc.ca/al/hts/tgu/pubs/t9/trty9-eng.asp.

Now, I have briefly explained the background as to why the governments wanted our peoples to sign the treaties. It was because they wanted to make sure the land was open to settlement and railroads for easier access to the resource development they had in mind for the north. As well, you can see by the Treaty Commissioners comments that their attitudes and beliefs were focused on extinguishment of our peoples’ title to the land and secure government ownership of our lands.

The James Bay Treaty signing party at Fort Albany. Standing: Joseph L. Vanasse (L), James Parkinson (R) of NWMP. Seated: Commissioners Samuel Stewart (L), Daniel McMartin, Duncan Campbell Scott (R) Foreground: HBC Chief Trader Thomas. 1905