Treaties

Treaty 5 Adhesion

Summary

In the summer of 1876 Commissioner Thomas Howard met at the Pas to discuss an adhesion with various Indigenous groups from the region. The Indigenous leaders present were aware that the Treaty 6 agreement had contained more benefits for Indigenous signatories and desired to create a new treaty. However, Howard assured them that this was a new unique treaty agreement despite signing them on as an adhesion to Treaty 5. Ultimately Treaty 5 provided signatories with reserves, annuities, articles for cultivation, hunting, trapping and fishing rights, amongst other promises in exchange for ceding their land rights.

Implications
Treaty 5 signatories received less favourable terms than other numbered treaties. For example, their reserves were smaller than those provided for in Treaty 3, 4 and 6. They were given only 160 acres per family of five. Robert Talbot writes in his biography of Morris, Negotiating the Numbered Treaties. that, "The situation deteriorated further when the Macdonald government, returned to power in 1878, appointed Edgar Dewdney to the newly created and all-powerful position of Commissioner of Indian Affairs for the North Wet Territory in 1879. With the explicit support of the Macdonal government, Dewdney abandoned the treaties and set in motion a policy that he called "sheer compulsion." He confronted an increasingly agitated Aboriginal leadership with starvation tactics, withholding rations and farm implements from those bands who protested the government's behaviour. He uncercut First Nations autonomy by incarcerating chiefs; he impoverished bands by confiscating horses and carts; he increased the size of of the Mounted police to station officers on reserves; and he prohibited people form leaving their reserves." Pg 160.
Sources

Morris, Alexander. The Treaties of Canada with the Indians of Manitoba and the North- West Territories Including the Negotiations on which they were based, and other Information relating thereto. Saskatoon: Fifth House, 1991. 143-167

Sub Event
The Pas on the Saskatchewan
Date
1876-09-07

Petition to Canadian Government from Treaty 5 Area

Summary

On June 25, 1874 Chief Rundle and several other Indigenous leaders from the Treaty 5 area petitioned Alexander Morris—Governor of the North-West Territories for a treaty agreement. The petitioners used two main arguments to justify the need for treaty. First of, the population density was exceeding the territory's capacity to provide the necessities of life. Second, changes in the fur trade transportation system, such as the deployment of steamboats, meant many men faced unemployment and that their families would suffer as a consequence. Seasonal labour associated with the fur trade had long been a source of employment and income for the local economy. They argued that the hunting economy was in need of assistance, and sought to relocate to lands that were suitable for farming. A treaty with the government offered a potential remedy for their declining economic circumstances. The three Saskatchewan First Nations included in Treaty 5 are Cumberland House First Nation, Red Earth First Nation and Shoal Lake First Nation. The Manitoba community of Norway House which faced starvation at the time of treaty, sought to relocate to an area north of Lake Winnipeg where lands were more suitable for agriculture.

 

Result

By November 1874 the petitioners had not received a response, a treaty was only negotiated when it was beneficial for the Canadian Government. Citing the “Queen’s benevolence” Morris negotiated Treaty 5 in 1875, but as J.R. Miller outlines there were economic imperatives that likely led the Canadian government to negotiate Treaty 5. Although the region had limited agricultural potential, Indian title needed to be extinguished to allow the free travel of steamships along the Saskatchewan River. The opening up of this waterway would provide new methods of transportation that would allow for the rapid shipment of goods to and from the fertile prairies

Since the lands surrounding Lake Winnipeg were not considered as fertile as the Plains, the commissioners did not offer the same treaty terms as those negotiated in Treaties 3 and 4. For example, the peoples of Treaty 5 were to receive a one-time payment of $5 upon signing the treaty, instead of the $12 given to the peoples of Treaties 3 and 4. In addition, Treaty 5 peoples would only receive 160 acres of land per family, which is one-quarter of the land granted to the peoples of Treaties 3 and 4 (although it is the same amount offered to the peoples of Treaties 1 and 2). The rest of the terms and conditions of Treaty 5 were similar to the previously negotiated Numbered Treaties. As a result, there was little room for negotiation on the part of the Indigenous peoples.

 

Sources

PAM, MG12 B1, Morris Papers, reel 2, no. 783. Petition, Rossville, 25 June 1874. PAM, MG12 B2, Morris Papers, reel 5, no. 258, Morris to the Minister of the Interior 21 May 1875.

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Date
1874-00-00

Plains Chiefs Appeal to Government for Help

Summary

Prominent Cree chiefs—led by Chief Sweetgrass—visited W.J. Christie at Fort Edmonton and had him write a letter on their behalf, hoping to enter into an agreement with the government that could provide them with provisions and help their transition to agriculture. They referred to their hardships including: epidemic disease, the bison disappearance and starvation.

Implications
This text outlines the Aboriginal desire to enter into a treaty agreement where their well-being would be provided for despite the changing environment of the Canadian West. It was not until 1876 that the Canadian government decided to act on the Aboriginal concerns, when the need to extinguish Aboriginal title became an immediate necessity. The Government of Canada would negotiate treaties in the west not for the benefit of Indigenous peoples, but to allot land for European settlement of the west. Intentions were motivated by economic prosperity and not out of concern for social welfare.
Sources

Morris, Alexander. The Treaties of Canada with the Indians of Manitoba and the North- West Territories Including the Negotiations on which they were based, and other Information relating thereto. Saskatoon: Fifth House, 1991.

Sub Event
Government Delays Treaty Until 1876
Date
1871-04-13
Community
Theme(s)

Treaty 6: Fiduciary Obligation for Provisions

Summary

The near-extinction of the bison by 1879 due largely to settler over-hunting led to widespread famine in the subsequent years amongst Indigenous populations in the West. Treaty 6 included a clause stating the Canadian government would aid Indigenous signatories in times of famine - this clause was unique from the numbered treaties before, and was requested by Poundmaker. However, the Liberals and Conservatives in the government reneged on their legal obligation due to the cost of that aid. The Conservatives in power in the early 1880s provided rations to starving Indigenous communities, but this was strongly opposed by the Liberals in the House of Commons because they thought this relief would make the receiving population lazy and complacent.


 

Result

This illustrates the federal government's approach to the treaty agreement as they were attempting to limit the costs associated with their legal obligations to Indigenous signatories. In this case, relief was provided to the First Nations population of Treaty Six, but was justified as a humanitarian act rather than a legal treaty obligation. Dishonouring the treaty agreement and construing ration distribution as a humanitarian act rather than a stipulation upon which a legal agreement had been reached obscured the nature of this agreement.  It also represented an attempt by the government to change the terms of the agreement post-treaty.  Because the obligation to provide assistance was now a legally ambiguous issue, this changing of the terms of obligation contained in Treaty 6 would make it possible to justify non-action in the future.


 

Sources

House of Common, Debates, May 1879-May 1882

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Date
1879-00-00

Treaty 6 Negotiations: Mistawasis and Ahtahkakoop Implore other Chiefs to Sign

Summary

Chiefs Mistawasis and Ahtahkakoop persuaded other delegates at the Treaty discussion at Fort Carlton to sign the treaty. Their main argument was that there was no better alternative, and that the incoming flood of white settlers would continue.

Mistawasis spoke at Fort Carlton that,

"I have heard my brothers speak, complaining of the hardships endured by our people. Some have bewailed the poverty and suffering that has come to Indians because of the destruction of the buffalo as the chief source of our living, the loss of the ancient glory of our forefathers; and with all that I agree, in the silence of my teepee and on the broad prairies where once our fathers could not pass for the great number of those animals that blocked their way; and even in our day, we have had to choose carefully our campground for fear of being trampled in our teepees. With all these things, I think and feel intensely the sorrow my brothers express.

I speak directly to Poundmaker and The Badger and those others who object to signing this treaty. Have you anything better to offer our people? I ask, again, can you suggest any-thing that will bring these things back for tomorrow and all the tomorrows that face our people?

I for one think that the Great White Queen Mother has offered us a way of life when the buffalo are no more. Gone they will be before many snows have come to cover our heads or graves if such should be." (Erasmus, Buffalo Days, 246-7)

Sources

Erasmus, Peter. Buffalo Days and Nights. Edited by Irene Spry. Reprint Calgary: Glenbow Alberta Institute/Fifth House, 1999. 246-250.

Sub Event
Chiefs Mistawasis and Ahtahkakoop Convince Other Chiefs and Leaders to Sign Treaties
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Date
1876-08-17
Theme(s)

Treaty 6 Adhesion

Summary

Two different treaty signings from various members of the Saulteaux community occurred within a two year period in the 1950s. These two events were perceived as a singular signing by the Canadian government as the two instances shared an official text and title page. Treaty 6 provided signatories with reserves for farming, annual annuities, annual chief salaries, farming implements, education, hunting, fishing and trapping rights, and aid (most notably in times of famine or epidemic), in exchange for land rights.

Sources

J.R. Miller writes in Compact, Contract, Covenant: Aboriginal Treaty Making in Canada "Treaty 6 contained two unique clauses. The arrangements for initial payments and annuities, reserve allocation and start-up equipment and livestock, and uniforms and medals for chiefs and councillors were the same as those in Treaty 4. However, the 1876 treaty responded to the worsening conditions on the Prairies with clauses dealing with famine and health care. Because Plains Cree leaders were conscious of the dwindling bison stocks, as Ahtahkakoop had remarked to John Hines in 1874, at Fort Carlton they pressed hard for assistance in times of severe hardship. Morris acknowledged that ‘the Indians were apprehensive of their future’ because they saw the bison disappearing ‘and were anxious and distressed,’ but the commissioners tried to avoid making such a promise, which exceeded their mandate, saying that ‘we could not assume the charge of their every-day life.’ The Cree objected ‘that they did not wish to be fed every day, but to be helped when they commenced to settle because of their ignorance how to commence, and also in case of general famine.’ Ahtahkakoop also explained that ‘they wanted food in the spring when they commenced to farm, and proportionate help as they advanced in civilization.’ Morris appeared to concede, agreeing ‘that in the event of a National [Morris’s emphasis] famine or pestilence such aid as the Crown saw fit would be extended to them.’ The Indians’ concern about disease, an obvious consequence of the smallpox scourge that had recently ravaged their camps, was also met in a fashion with a clause that promised ‘that a medicine chest shall be kept at the house of each Indian Agent for the use and benefit of the Indians, at the discretion of such Agent.’" Pg 179.

Sub Event
Cochin
Date
1954-09-18
Community
Theme(s)

Treaty 6 Adhesion

Summary

Almost 75 years after the original Treaty 6 was negotiated, the Wichekan Lake community signed it and was included in the treaty agreement on November 21, 1950. -------------------- In Brenda McLeod's thesis "Treaty land entitlement in Saskatchewan: conflicts in land use and occupancy in the Witchekan Lake area" writes that, "Elders reported that Band members were motivated to sign the adhesion because of the promises that were made for houses, a school, horses and haying equipment. [83] One elder specified that people were not destitute or in need of any of the promised items; people merely wanted what was offered.[84] Yet another elder reported being told by Corporal Chester that if the Band did not sign the treaty adhesion, they might lose their reserve.[85] -------------With the signing of the treaty adhesion, the federal government presence was established quickly; the first changes began with the establishment of a Day School on the Reserve. The Day School changed the way in which the family unit followed the annual cycle of land use and occupancy. Only the men went out to hunt and trap as the women stayed behind to care for the children attending the Day school.The Family Allowance cheque was a source of monthly income for families, provided school-aged children had regular school attendance. Once the Band entered into treaty, an increased government presence in their lives and enforcement of Indian Act truancy regulations monitored school attendance closely. More specifically, one of the women stated, "Trapping at M-61 changed with the school. Before the school, everyone lived an Indian life. After the school, people began to speak English and began to live a White life. The young people went to school but not the entire population."[92]" Pg 111-112.

Sub Event
Witchekan Lake
Date
1950-11-21
Community
Theme(s)

Treaty 6 Adhesion

Summary

In response to the changing economic and political environment on the Northern Plains an adhesion to Treaty 6 was signed by Chief Poundmaker that agreed to the same terms as previous signatories to the treaty. Treaty 6 provided signatories with reserves for farming, annuities, farming implements, education, hunting, fishing and trapping rights, and aid (most notably in times of famine or epidemic), in exchange for a cession of community land rights. Poundmaker requested that the government be prepared to provide for Indigenous people once the buffalo were gone in exchange for their lands through treaties.

Result

From Jill St. Germain's book Broken Treaties: United States and Canadian Relations with the Lakotas and the Plains Cree, 1868-1885: "There was, as well, another component to Canadian treaty implementation between 1879 and 1884 : the inclination on the part of the government to comply with treaty stipulations at its own discretion and as it saw fi t. Some treaty promises, including annuities, reserve surveys, and the distribution of some agricultural equipment, demanded immediate fulfillment, and it only made sense to address them. Others, in Canadian understanding, had limited application in the short term, and officials delayed implementation until they deemed the Crees ready for the benefits due them. The Liberals had taken this approach with regard to the agricultural implements promised by the treaty, doling them out cautiously “as needed.” The Conservatives applied this practice to other aspects, including education, handmills, and livestock. Reflecting Canada’s understanding of treaties as only one aspect of relations with the Crees and other indigenous peoples, the Conservative government also gave some attention to the legislative component of Indian affairs, and in 1880 and 1884 it introduced amendments to the 1876 Indian Act, which had implications for treaty implementation and Canadian-Cree relations." Pg 180-181.

Implications
In 1879 Poundmaker accepted a reserve and settled at the confluence of Battle River and Cutknife Creek. In the long term, Indigenous peoples report that the Canadian government has not adhered to the treaty agreements.
Sources

St. Germain, Jill. Broken Treaties: United States and Canadian Relations with the Lakotas and the Plains Cree, 1868-1885. Lincoln: University of Nebraska Press, 2009. 177-250.

Date
1876-00-00
Theme(s)

Treaty 6 Adhesion

Summary

Chief Joseph Bighead agreed to sign on to Treaty 6 under the terms agreed upon in 1876. In 1913 he signed an Adhesion requesting that his community be allowed to fish and hunt on Lac des Iles, and that a reserve was to be surveyed in 1916. Treaty 6 provided signatories with reserves for farming, annuities, farming implements, education, hunting, fishing and trapping rights, and aid (most notably in times of famine or epidemic), in exchange for a cession of community land rights.

Implications
The community received a reserve in 1916 with good agricultural potential and have been reasonably prosperous due to agriculture, as well as, natural resources found on their lands. It was reported that the cattle on Reserve during 1926 were "some of the finest in the country" and that agriculture was prosperous, a potato plantation employing 60 people seasonally.
Sub Event
Waterhen Lake
Date
1913-06-25
Theme(s)

Pelican Lake Treaty 6 Adhesion

Summary

In 1889 the Pelican Lake First Nations community agreed to the terms of Treaty 6. Treaty 6 provided signatories with reserves for farming, annual annuities, annual chief salaries, farming implements, education, hunting, fishing and trapping rights, and aid (most notably in times of famine or epidemic), in exchange for a cession of community land rights.

Implications
Generally, The interpretation of the treaty agreement and the Canadian government’s implementation of treaty clauses became contentious issues in the years and decades following the Treaty signing. The Pelican Lake band by 1901 was considered a part of the Big River First Nation. However, in the following years it they were recognized as distinct nations that each would share the control over a reserve land.
Date
1889-00-00
Community
Theme(s)