Legal

Kawechetwemot’s Trial

Summary

During Kawechetwemot’s trial John Craig—the farm instructor on the Little Pine reserve—justified his withholding of rations that led to Kawechetwemot’s discontent. He stated: “My orders with respect to giving rations are that I am to give them to the old and to the sick and to no others unless they work. I am not allowed to deviate from these orders.” Because Kawehetwemot was not sick enough to deserve rations they were refused.

Implications
This testimony indicates how the Canadian Government instructed their employees to withhold rations to entice First Nations individuals to work and cooperate with governmental desires. By doing this, the government was refusing to uphold their treaty obligation to provide rations during times of famine and disease.
Sources

Saskatchewan Herald, July 12, 1884.

Sub Event
John Craig’s Testimony
Date
1884-07-12
Theme(s)

Kawechetwemot’s Trial

Summary

As the Cree prepared for a Thirst Dance two delegates met with John Craig, the farm instructor on Little Pine’s reserve to ask for rations. Craig declined and pushed the men out, when Kawechetwemot took an axe and struck Craig on the arm with its handle. Craig called in the NWMP to deal with the situation. On 19 June after the Thirst Dance ended NWMP Superintendent Leif Crozier met with Cree leaders asking them to give up Kawechetwemot. On 20 June Crozier—not wanting to leave without a prisoner—attempted to forcibly seize Kawechetwemot. This incited a hectic scene, but no shots were fired. The Saskatchewan Herald wrote: “firing would undoubtedly have become general and war to the knife [would] have been declared.” Crozier, going against the “work for rations” program, provided food to the Indigenous people as a temporary solution. This was successful and after discussions between Indian Department representatives and First Nations leaders, Kawechetwemot appeared before Crozier at a preliminary hearing on 4 July. He was sentenced to one week in prison. This event shook the confidence of the government employees tasked with carrying out Indian policy in the North West. For example Indian Agent John Rae outlined that the government must either alter their policy or use military strength to enforce the current regulations harshly. Crozier warned that the Indigenous people were angry, and was concerned about the potential for physical violence in the future. This event contributed to anticipation of such violence, and, because Indigenous concerns were left unaddressed, materialized in the North-West/Riel Resistance the following year.

Result

Saskatchewan Herald, 12 July 1884. Saskatchewan Herald, 25 June 1884

Date
1884-06-17
Theme(s)

DIA Denies Band Permission to Attend Fairs

Summary

Through a 1914 amendment to the Indian Act, First Nations people who wished to travel off-reserve for fairs or stampedes were required to obtain permission from the Indian agent. Throughout the years up to 1918, Department of Indian Affairs officials routinely refused to grant approval for off reserve events. Through the 1920s, officials were more lenient with granting these passes and fair organizers were less inclined to respect the instructions of the DIA.

Implications
Although it was legal for First Nations people to travel off-reserve to participate in settler fairs, Indian Affairs' refusal to grant passes that allowed them to do so was an attempt to surveil and control the activities of Indigenous peoples.
Sources
Date
1914-00-00

Native American Church Ceremony on Red Pheasant

Summary

An all-night ritual took place near the Red Pheasant reserve featuring 15 members of the Native American Church, 13 members of the Stony Reserve (Alberta) and Red Pheasant Band, and peyote. Non-Indigenous observers were also present.

Implications
Peyote, a hallucinogenic plant, was being transported into Canada from the US. As it was relatively unknown by authorities and not classified as a narcotic, posessors of peyote could not be prosecuted under the provisions of the federal Narcotics Act. In 1941, the Department attempted to control the import of peyote into Canada by requesting police surveillance of known users and by investigating the possibility of prosecution under the Customs Act or Drug and Food Act. Police monitoring was considerd the most effective means of control, since the use of peyote was limited to a few reserves. Government officials did not have any legal authority to suppress Aboriginal spiritual practices, although they did have the power to hinder the use of peyote. This created a legal, religious and moral debate regarding the rights of Aboriginal people to use peyote in their ceremonies, and the role of the Canadian state in control of the substance and rituals. Prohibition of peyote and Indigenous spiritual practices represented a privileging of Christian religious institutions as being the primary expression of legitimate spirituality in Saskatchewan - a Eurocentric belief that emanated from the Doctrine of Discovery and resulted in the oppression of Indigenous philosophy from Contact onwards.
Sources

Saskatoon Star Pheonix, "White Men Witness Indian Peyote Rites," 13 October 1956.

Date
1956-10-00
Community

RCMP Sunchild Report Circulated to Indian Agents

Summary

In 1952, the ritual consumption of peyote related to the activities of the Native American Church was reported among members of the Cree band led by Louis Sunchild. Sunchild, an Alberta First Nation leader, was stopped at the Montana-Alberta border carrying peyote. RCMP took him into custody, and although he was released, the peyote was retained and the report and images of his peyote stash were circulated to Indian Agents across Western Canada.

Implications
Although they no longer had legal power to suppress Aboriginal spiritual practices, the RCMP and Indian Agents attempted to control the spread of peyote through Western Canada. This would have restricted or inhibited Aboriginal peoples from practicing cultural and religious traditions, thus continuing to extend colonialism into the cultural practices of Aboriginal peoples.
Sources

Memo from Lethbridge sub-division. 19 March. 1/1-16-2, 10243, T-7545, RG10. Indian Affairs fonds. LAC.

Date
1952-00-00

Attempt to Remove Colonists from Peepeekisis

Summary

After decades of non-Indigenous settlement on the Peepeekisis reserve (known for the File Hills Farm Colony), band members took legal action to remove all colonists from reserve lands. Two cases took place, Trelenburg (1952) and McFadden (1956).

Implications
It was ruled that the colonists were there legally, and could not be forcibly removed from the reserve land. While reserve land was dedicated for Indigenous peoples alone, the failure to evict settlers from Peepeekisis reserve shows that government powers were unconcerned with the spread of settlers on unceded territory, and that the concerns of Indigenous peoples to maintain their land were disregarded. This shows that the governments on a federal, local, and provincial level were willing to allow the occupation of reserve land, thus taking away opportunities for those living and part of the Peepeekisis reserve, and further attempting to assimilate Indigenous peoples by ignoring their land rights.
Date
1952-00-00
Theme(s)

Arrival of Forces of Colonel Garnet Wolseley in Manitoba

Summary

The arrival of the expedition under Colonel Garnet Wolseley in 1870 signalled a transition in the lives Indigenous peoples in Manitoba. The expedition included Ontario volunteers and Canadian settlers hoping to avenge the death of Thomas Scott. They acted in defiance of the rule of law. Winnipeg descended into mob rule in 1871 and 1872. The French Metis population was threatened continuously at the Land Office near Fort Garry, and French Metis entering Winnipeg were in jeopardy of being harmed.

Implications
The arrival of Wolseley’s force, and the continued flood of new settlers, many of whom were linguistically and religiously intolerant, led to a great exodus of many French Métis between 1870 and 1881. Many French Metis individuals migrated West into Saskatchewan. In some cases, they sold their land to incoming English Protestants as the Métis were being pushed out of their communities.
Date
1870-00-00

Tapassing Arrest

Summary

Tapassing, a member of the Fishing Lake band, was arrested in January of 1904 for dancing. However, once the NWMP discovered that he was over ninety years old and nearly blind, he was released.

Implications
This case was intended to serve as government propaganda or promotional material for its policy relating to the prohibition of Indigenous ceremonial practices. The underlying intent was for the government's moral legitimacy to be strengthened by demonstrations of efficacy as it related to controlling the "Indian problem" and hastening assimilation or "civilization" efforts. In particular, this would appeal to the voting settler population, of which many were in favour of residential schools and other government policies of assimilation. Unfortunately for the government, media attention on the Tapassing arrest was sufficient to cause embarrassment within the Indian Affairs administration, resulting in his release.
Date
1904-01-00
Theme(s)

Legislature Passes Resolution to Ask Ottawa for Complete Control of Indian Affairs

Summary

The Saskatchewan legislature unanimously passed a resolution in 1961 to request that Ottawa transfer complete control over Indian Affairs administration to any province that wanted it. Premier Douglas suggested implementing a 25-year transition period for the transfer of power. Ottawa rejected the request from Saskatchewan.

Implications
The Saskatchewan provincial government sought to gain more unilateral control over Aboriginal affairs, but the federal government continued to hold onto as much control as possible under the law. While the CCF saw a transfer of power to provincial government as the best way to address issues directly effecting Indigenous peoples, the assumption that power should be given to the provincial government instead of local Indigenous governments shows the paternalistic approach that politicians perpetuated.
Sources

Glenbow Archives, M125, series VI, file 56, CCF 1954-61, Douglas, To my Indian Friends, 30 May 1960

Date
1961-00-00

Second Joint Parliamentary Committee on Indian Affairs

Summary

The second federal Joint Parliamentary Committee on Indian Affairs began hearings in 1959 and concluded with the presentation of their report on July 8, 1961. The main tone of this report and its recommendations was the inclusion of Aboriginal people within pluralistic Canadian society and their rights of citizenship, pushing towards full citizenship rights and the removal of special status. The Saskachewan government's brief to the Committee was devoted to suggestions to ease and facilitate the process of integration. The discussion of traditional Indigenous culture was cast almost entirely in terms of how it handicapped Aboriginals who were trying to "get ahead" in modern society. "Traditional" Aboriginals were described as permissive in their child-rearing practices, averse to established routines, lacking in reliability and punctuality, and given to sharing, rather than accumulating, wealth. The brief's message was clear - to succeed in Western society, First Nations people would have to be the ones to adapt.

Implications
In 1960, the Indian Act was amended, giving First Nations people in Canada the right to vote in federal elections. The philosophies underlying this Parliamentary Committee proposal would later inform the development of the Trudeau/Chretien White Paper in 1969, particularly as it relates to the removal of legally-binding treaty rights for Indigenous people.
Sources

Canada, Joint Committee of the Senate and the House of Commons on Indian Affairs, Minutes of Proceedings and Evidence, No.8, 2 May 1961. James M. Pitsula, "The Saskatchewan CCF Government and Treaty Indians, 1944-1964," Canadian Historical Review 75, 1 (March 1994): 24.

Date
1959-00-00