Treaties

Plains Cree Disallowed Selection of Desired Reserves

Summary

Concerned about the creation of a strong united Cree community in the Battleford area, Canadian government officials—most notably Edgar Dewdney—did not grant various Cree communities reserves where they desired, and attempted to obstruct a Thirst Dance (Sun Dance) on the Poundmaker Reserve that brought together all Cree communities from the surrounding region.

Implications
To legitimize Dewdney’s actions, the Canadian government passed an order-in-council to make it a criminal offense for a band to refuse to move to a reserve site the Indian Commissioner suggested. This measure was in direct violation of the respective treaty agreement that dictated that Bands could choose their reserve lands.
Date
1884-00-00

Creation of Nekaneet Reserve

Summary

Chief Foremost Man and the Nakaneet First Nation (Cree) signed Treaty 4 on September 15, 1874. However, the band refused to leave the Cypress Hills area with others who were forcibly removed in 1883, and remained in the area living without a reserve and the benefits of annuities and other Treaty rights. Foremost Man was not averse to living on a reserve; but if the government insisted that he settle on a reserve he wanted it to be in the Cypress Hills area.----------------------- However, the government did not want Indian reserves south of the Canadian Pacific Railway because it was worried about cross-border conflicts between different bands. Other policies which limited movement of Indigenous people as it relates to Canada-America border crossings suggests Canadian officials feared conflict and collusion with American Indians. A more recent interpretation suggests that Canadian authorities were concerned about the potential danger of a concentration of Cree on adjacent reserves in the Cypress Hills, as this would create an Indian territory in which the residents would be difficult to control. ------------------------ After Foremost Man's death in 1897, the band, now led by Chief Crooked Legs, pursued Foremost Man's dream of a reserve in the Hills, eventually hiring a lawyer to promote their cause. The Government conceded in 1913, granting a small reserve at Maple Creek. Still, it was not until 1975 that the Government agreed to pay them their treaty benefits.

Implications
Bands that were unwilling to conform to the Canadian government's Sheer Compulsion policy (see related entry) of the nineteenth century were not granted reserve lands as a result. In this case, the people of the Nekaneet band were told they could not settle on a reserve in the Cypress Hills. Edgar Dewdney, Commissioner of Indian Affairs at the time, violated oral promises he had made in 1880 and 1881 to allow the Cree and Assiniboine reserves in the Cypress Hills. The Nekaneet band is one example of bands who were required to wait decades before being granted a reserve on their chosen territory, even though treaty agreements stipulated that bands were able to choose their own reserve lands. Once established on reserve land in 1913, very little was done to help this community engage in economic development in transitioning to a Western capitalist economy and commoditized labor. It was not until 1955 that the band's children were permitted to attend day schools. To this day, the band faces serious economic problems, with many members having to engage in off-reserve economic activities.
Date
1913-00-00
Community

The Department of Indian Affairs Adopts a stringent Financial Policy

Summary

In an effort to reduce their costs the Department of the Interior pressured their officials in the North West to cut costs. Various methods were undertaken to promote this initiatve. For example, the department adopted a policy of only giving agricultural implements and cattle to those bands they believed intended to use them. Furthermore, in 1876 David Laird—Minister of the Interior—adopted a policy whereby implements promised under the treaties could only be given with permission from the Department, assuring further delays in providing goods and services to First Nations that were agreed upon under the treaties.

Implications
By withholding goods that were promised under the treaties, the Canadian government proved that they did not take the treaties seriously. The agreement they came to with Indigenous leaders was nothing more than a ploy to take from the Indigenous groups without any type of compensation. By not distributing the promised goods to Indigenous groups, the Canadian government also left Indigenous people in extreme poverty. Many of the treaties were negotiated because Indigenous leaders knew that their people needed help to survive. The buffalo was declining and Indigenous groups were struggling to find different means of nutrition. With the negotiation of the treaties, Indigenous groups were promised help with food shortages, and many agricultural tools so that they could begin to grow their own food and become self-sufficient. The government withholding goods that would help with these things was a decision that left many families in danger, and perpetuated the cycle of poverty that still exists for Indigenous people today.
Date
1870-00-00

James Smith's Meeting with Governor General Lord Lorne

Summary

Speaking to Governor General Lord Lorne Chief James Smith demanded speedier implementation of the Treaty 6 agreement and to ensure that his community retained control over its reserve and its affairs.

Implications
Illustrates a common trend amongst Treaty 4 and Treaty 6 chiefs, reasserting their rights to control their own affairs.
Date
1881-00-00
Community
Theme(s)

White Bear Deposed

Summary

In the years following their signing to Treaty 4, White Bear (Wahpeemakwa) resisted residential schools and agricultural programs which were imposed by the Canadian Government. -------------- White Bear's expressions of self-determination brought him into conflict with Indian Agent J.J. Campbell. Campbell, claiming to speak for a majority of band members, stated that White Bear should be deposed. This occurred in 1889. The official report of the incident in the Annual Report of Indian Affairs for the year suggested that White Bear's unwillingness to adapt to Euro-Canadian economic structures and cultural practices turned his band members against him, as they sought to adapt to incoming settlers.

Implications
White Bear's acts of resistance and the government's retaliation through deposition did not end the community's assertions of autonomy. White Bear's son, Tom, continued to act in the interests of the community by asserting the community's rights of self-determination. White Bear was eventually reinstated as chief in 1897. ---------------- This case also demonstrates differences in the interpretations of treaty between Indigenous peoples and the Settler government. Many Indigenous peoples assert they had entered into a treaty agreement with the Crown guaranteeing them assistance, while maintaining their rights to autonomy and self-governance. However, the government both misunderstood and chose to ignore certain verbal agreements/negotiations by not recording them in treaty unbeknownst to Indigenous signatories.
Date
1889-01-04
Community
Theme(s)

Events Leading to Treaty 10 Negotiations

Summary

Indian Commissioner David Laird outlined that the government was delaying bringing First Nations people at Ile à la Crosse under treaty because there was no imminent prospect of the region being settled or developed by Euro-Canadians.

Result
Implications
This approach was an extension of the Department of Indian Affairs policy that had been established during the Macdonald era of leaving First Nations and Metis people alone unless an influx of settlers took occupation or the political status of a region changed. The government did this to reduce their financial and legal obligations to Indigenous peoples, and it demonstrates that the government did not consider the well-being of Indigenous people a priority - many were requesting treaty because they were in need of food and medical care, and also desired resources for education. Environmental and social changes due to the presence of colonizers dramatically changed the access to food and resources. Bison populations plummeted, being influenced by the Fur Trade and settlement in the Mid-West which not only interrupted migration patterns, but resulted in over-hunting and culls. Despite the need for assistance, treaty negotiations did not start until 1906.
Sub Event
David Laird’s Rationale for Treaty being Delayed at Île-à-la-Crosse and Surrounding Area
Date
1904-00-00

Events Leading to Treaty 10 Negotiations

Summary

After Treaty 8 was signed First Nations of the Ile à la Crosse region were placed between two treaty areas. In 1902, Bishop Pascal of Ile à la Crosse indicated to Indian Commissioner James McKenna that extinguishing the rest of the Aboriginal title in the area would be wise, thereby preventing 'unrest' for being treated differently by the Government.

Implications
This approach was an extension of the Department of Indian Affairs policy that had been established during the Macdonald era of leaving First Nations and Metis people alone unless an influx of settlers took place or the political status of a region changed. The government did this to reduce their financial and legal obligations to Indigenous peoples, and it demonstrates that the government did not consider the well-being of Indigenous people a priority - many were requesting treaty because they were in need of food and medical care, and also desired resources for education. Environmental and social changes due to the presence of colonizers dramatically changed the access to food and resources. Bison populations plummeted, being influenced by the Fur Trade and settlement in the Mid-West which not only interrupted migration patterns, but resulted in over-hunting and culls. Despite the need for assistance, treaty negotiations did not start until 1906.
Sources

NA, RG10, vol. 4009, file 241,209-I, McKenna to Sifton, 18 March 1803.

Sub Event
Treaty 8
Date
1899-00-00

Northern Saskatchewan Hunting, Fishing and Trapping Regulation

Summary

The government upheld the needs of the commercial fisheries over Indigenous peoples’ subsistence. They wanted to ensure that investment in the fisheries were protected and that as many fish got to market as possible. As a result, the government used Indigenous peoples as a scapegoat for the decline of the northern fisheries.

Implications
This policy disregarded First Nations treaty rights and disrupted Indigenous traditional subsistence practices, leading to starvation. By restricting fishing rights of Indigenous peoples to ensure prosperity for commercial fisheries, the government was placing capitalist economic systems above Indigenous peoples health, well being, and livelihoods. Government regulation of fishing rights falls into a pattern of paternalistic assumptions that the crown knew better than Indigenous peoples regarding land and resource management.
Sub Event
Expansion of Commercial Fisheries
Date
1905-00-00
Theme(s)

Violation of Northern Saskatchewan Hunting, Fishing and Trapping Regulation

Summary

Game officer Andrew Holmes argued in 1918 that Indigenous people had no more right to hunt than any non-Indigenous individual. However, hunting and trapping was vital to the survival of Aboriginal peoples in the both the North and South of the province away from urban centres, and was also protected under treaty and land rights. Concerns over the conservation of large game were professed to be an underlying factor - Indigenous people were often accused of unsustainable consumption, and in certain instances were prosecuted or fined. However, in reality Indigenous peoples alike were not responsible for the mass extinction of large game, and had developed hunting and gaming practices over generations that preserved game and utilized the animal to its fullest extent. Considerably, it was the introduction of European settlers into the mid-west that caused the near extinction of the Bison, causing mass species loss, a completely new environmental landscape, and vast starvation/death across Plaines Indigenous peoples.

Implications
After the terms of Treaty 10 had been negotiated, the Cree and Dene peoples in Treaty 10 reported that the government was not keeping its promises as had been agreed upon, particularly the distribution of rations and medical care. In this case, the violation infringed upon hunting, fishing, and trapping rights included in the treaty. The Crown was often slow in the distribution of rations or would deny them outright altogether. Records show that officials would refuse to provide aid if they decided that Aboriginal peoples had not "worked" enough to earn them; work for rations programs violated treaty rights that ensured aid in times of famine, whether labour was performed or not. Starvation was used by the Canadian Government to control Indigenous populations and was a form of assimilation that resulted in the death of thousands. This event demonstrates a disregard and violation of Treaty 10, and that discrimination was upheld at an institutional level. Please see related entries on treaty 10 for further details.
Sub Event
Andrew Holmes Statement
Date
1918-00-00
Theme(s)

Creation of the Province of Saskatchewan

Summary

With the establishment of the province of Saskatchewan there was new incentive to extinguish Aboriginal title over the territory encompassed in the new province. In 1905 Inspector of Indian Agencies William J. Chisholm recommended settling a treaty to to those nations in the North who had not yet signed onto an existing treaty. This led to treaty negotiations and ultimately the conclusion of Treaty 10 in 1906. Discussion began about the best method of extending treaty rights to Aboriginal peoples in the Ile a la Crosse region. Two options included extending Treaty 8 or initiating a new treaty agreement.

Implications
This decision represents a common governmental strategy during the treaty-making era. Treaties were only negotiated when they were beneficial to or viewed as necessary by the Canadian government. However, Indigenous groups in the area had been requesting treaties for years, as they were in need of food and medical care, and also desired Western education. During the process of negotiation, First Nations leaders relied on interpreters and oral agreements during the negotiations since they did not speak or write English fluently. Some of these agreements were not included in the written documents. And, although Indigenous people did not cede their rights to the land, government officials recorded in the written document that they had. In exchange for transfer of title, the Dominion of Canada, on behalf of the Queen, promised to provide one-time presents, annual annuities, annual salaries for chiefs, reserves, farming implements, the construction of schools, aid (in times of famine/epidemic) and guarantees of hunting, trapping and fishing rights. The Canadian Government would later avoid implementing aspects of the written treaty document to curb their spending. As such, after negotiation, problems surrounded the implementation of the numbered treaties in the province of Saskatchewan. In the subsequent years and decades many First Nations signatories reported that the government was not living up to the terms of treaty which included provision of aid in times of famine, provision of medical care and preservation of livelihood and their sovereignty.
Sources

NA, RG10, vol. 4009, file 241,209-I, Chisholm's Report, quoted in Laird to MacLean, 7 October 1905.

Date
1905-09-01