Community Breaking/Fracturing

Construction of Island Falls Dam

Summary

The Churchill River Power Company established a dam on the Churchill River at Island Falls, near Sandy Bay, to supply power to the Hudson's Bay Mining and Smelting mine in Flin Flon, Manitoba. The mine began receiving power from the dam in 1930. The company claims that in 1928 it held public hearings concerning the project, and that there was not a community established at that location until after the dam was constructed and Aboriginal inhabitants moved closer to the project for work. The Peter Ballantyne Cree Nation states that they had established a reserve on that location before the dam project started, but once the company expressed interest in the land the federal government took the reserve lands from the band. The project employed many Cree workers. The working conditions for these employees were usually very poor, and they were often paid in rations rather than money. Between 1930-35, Etienne MacDonald (1984), Moise Bear (1984) and Mathew Nateweyes (1984) confirmed that the Cree workers were being paid in groceries at a rate equivalent to thirty cents an hour. In addition, overtime hours, which were frequent, were not remunerated. In 1935, workers on the dam successfully organized to raise their pay to 35 cents an hour (in cash) and reduce work hours to an eight hour day.

The herbicides used were very powerful. They made the workers tired and sleepy, yet they were unable to sleep because of the itching. The herbicide killed both trees and animals. Women were therefore asked not to pick berries from the powerline area. The water quality was also affected, as garbage and sewage were often dumped in the river. Some residents recall the high number of infant and child related sickness and death during this period.

Sandy Bay was only two miles away from the dam, it did not receive power from it at first. It was only in 1958 that the people of Sandy Bay got a powerline.


 

Fill

 

Date
1926-00-00

Muskowekwan Land Surrender

Summary

The Muskowekwan reserve surrendered 7485 acres of their land in accordance with the government's mandate, legislated in the Soldier Settlement Act. For more information on the Solider Settlement Act, please see other database entries.

Implications
This follows a larger pattern of erosion of reserve land bases in Saskatchewan, which began in the early 1900s as several reserves engaged in land surrenders. Please see the related entries on the First World War Soldier Settlement Act and others on land surrenders - various circumstances accompanied these surrenders, including coercion. ------------------------ In the 1870s, the Government of Canada negotiated various treaties with Indigenous peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Indians. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable Indians to make the transition to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Indigenous communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionability, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Indians had more land than they could use, many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government played an active part in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in dire need of money and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Indigenous community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the buffalo populations were dwindling, many Indigenous nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their bands. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Indigenous leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Indigenous leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Indigenous people in their transition to agricultural economies, many bands were left with little to no farmable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1920-00-00
Community

Indian Act Amendment

Summary

In 1920 the Superintendent General was given the power to decide whether a woman who had lost status through marriage was eligible to live on reserve. Until this time, this power had belonged to the band council. It also became the role of the Superintendent General to approve the payment of annuities to an Aboriginal woman who lost status through marriage. Until this time, she would automatically continue to receive annuities or her portion of band funds, even after losing her status. The Superintendent-General was also given the power to provide transportation for children to a school, apply the annuities of a child to the upkeep of a school, and enforce compulsory attendance of children aged 7-15 at schools.

Implications
The Superintendent General was given increased control over band membership and the status of Aboriginal women, which had previously been the domain of Aboriginal male leadership in band councils. By putting this power in the hands of the Superintendent General, it provided the opportunity for abuse of power, in that the SG could reward or punish Aboriginal women who either conformed or resisted the imposition of Christianity and European gender roles. As such, the SG could prohibit her from living on the reserve or receiving annuities that may have been necessary for survival. These amendments represent a trend in amendments to the Indian Act in which bureaucratic surveillance and control of Indigenous affairs increased over time. No accountability structures or system of checks and balances were simultaneously applied to compensate for the powers afforded these expansions of bureaucratic oversight. This is indicative of the belief that it was Indigenous people who posed a threat to societal order, and from whom society needed to be protected, obscuring the potential for abuses of the state’s power and vulnerability to harm from Indian Agents and other colonial officials. There do not appear to have been discussions of rights of Aboriginal peoples or potential routes of advocacy in cases of corruption, such as unjust accusations of criminality.
Sources

PAC, RG10, Vol. 6810, file 470-2-3, vol. 6: Amendment Bill Brief Scott sent to Lougheed 18 May 1814, p. 2-3 including regulations relating to the education of Indian children, Order-in-Council of August 6, 1908; Vol. 7: House of Commons -- Bill -- Act to amend the Indian Act (1920), proposed addition of a sixth subsection to sec. 10; Vol. 8: R.C.M.P Inspector T. Dann, Manitoba District to the R.C.M.P Commissioner, Ottawa, 9 December 1926; R.C.M.P Commissioner Cortlandt Starnes to the Deputy Supt.-Gen., 15 December 1926; Memo of A.S Williams, D.I.A Law Clerk, 14 January 1927.

Sub Event
Superintendent General Given Control over Non-Status Women Living On-Reserve, School Attendance
Date
1920-00-00
Documents
File
File Description
An Act to Amend the Indian Act: 10-11 George V, Chapt. 50,

Piapot Land Surrenders

Summary

The Piapot reserve surrendered 2 180 acres in 1918 and 15 360 acres in 1919 for soldier resettlement following the First World War. Please see entry on First World War Soldier Settlement Act for more information.

Implications
In the 1870s, the Government of Canada negotiated various treaties with Indigenous peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Indians. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable Indians to make the transition to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Indigenous communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionability, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Indians had more land than they could use, many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government played an active part in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in dire need of money and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Indigenous community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the buffalo populations were dwindling, many Indigenous nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their bands. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Indigenous leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Indigenous leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Indigenous people in their transition to agricultural economies, many bands were left with little to no farmable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1918-00-00
Community

Ochapowace Land Surrender

Summary

In 1919, the Ochapowace band surrendered 18 240 acres of their reserve as part of the government mandate in the Soldier Settlement Act.

Implications
This follows a larger pattern of erosion of reserve land bases in Saskatchewan, which began in the early 1900s as several reserves engaged in land surrenders. Please see the related entries on the First World War Soldier Settlement Act as well as those on land surrenders - various circumstances accompanied these surrenders, including coercion. -------------------------- In the 1870s, the Government of Canada negotiated various treaties with Indigenous peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Indians. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable Indians to make the transition to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Indigenous communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionability, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Indians had more land than they could use, many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government played an active part in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in dire need of money and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Indigenous community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the buffalo populations were dwindling, many Indigenous nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their bands. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Indigenous leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Indigenous leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Indigenous people in their transition to agricultural economies, many bands were left with little to no farmable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1919-00-00
Community

Mistawasis Land Surrender

Summary

Following the Soldier Settlement Act, the Soldier Settlement Board requested a surrender of 11,500 acres of land from the Mistawasis and Big River bands. However, they were met with opposition because the terms of a previous land surrender from 1917 had not been fulfilled. W.M Graham did not want to pay the price that had been agreed upon for the previous surrender, instead offering each band member $50.00. When they refused, the old surrender was cancelled and a new surrender drawn up including the land requested in 1917 and 1919.

Implications
This resulted in a loss of 16,548 acres on the Mistawasis reserve and 980 acres on the Big River reserve. This follows a larger pattern of erosion of reserve land bases in Saskatchewan, which began in the early 1900s as several reserves engaged in land surrenders. Please see the related entries on land surrenders - various circumstances accompanied these surrenders, including coercion. ---------------------------In the 1870s, the Government of Canada negotiated various treaties with Aboriginal peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Aboriginal peoples already living there. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable them to make the 'transition' to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Aboriginal communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionably, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Aboriginal peoples had "more land than they could use," many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government orchestrated in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in need of money as established by the government, and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Aboriginal community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the bison populations were dwindling, many nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their peoples. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Aboriginal leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Aboriginal leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Aboriginal people in their transition to agricultural economies, many bands were left with little to no arable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1919-00-00
Documents
File
File Description
Mistawasis Land Surrenders

Pasqua Land Surrender

Summary

The Pasqua reserve surrendered 16 325.6 acres of land for soldier resettlement in 1918.

Implications
Please see related entries on the Solider Resettlement Act for further information on the implication of settlement policies. In the 1870s, the Government of Canada negotiated various treaties with Indigenous peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Indians. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable Indians to make the transition to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Indigenous communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionability, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Indians had more land than they could use, many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government played an active part in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in dire need of money and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Indigenous community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the buffalo populations were dwindling, many Indigenous nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their bands. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Indigenous leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Indigenous leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Indigenous people in their transition to agricultural economies, many bands were left with little to no farmable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1918-00-00

Last Mountain Lake Land Surrender

Summary

1408 acres of the Last Mountain Lake Reserve were surrendered as part of soldier resettlement following the First World War. Please see entry on First World War Soldier Settlement Act for more information.

Implications
In the 1870s, the Government of Canada negotiated various treaties with Indigenous peoples of the Prairies. One of the crucial elements promised in these treaties was land that would be reserved for the Indians. And yet, less than a dozen years into the new century, almost a quarter of those valuable reserves that were considered essential to enable Indians to make the transition to an agricultural economy had been surrendered back to the government. Many of the land surrenders that occurred on the Prairies raise arguments regarding the validity of the surrender. Indigenous communities often allege non-compliance with the Indian Act surrender procedures, being pressured to surrender under duress, undue influence on behalf of Indian agents and government officials, unconscionability, lack of informed consent, and breach of fiduciary obligations in the taking of the surrender itself and in the management and administration of the land and the proceeds after the surrender. Over 100 surrenders were obtained on the Prairies between 1896 and 1911, making way for western expansion and an influx of immigrants. Although government officials often argued that Indians had more land than they could use, many of these bands had experienced population loss due to epidemics - a population loss that was in part a product of the government's refusal to provide promised farming implements or food rations. The government played an active part in creating the conditions leading to population loss on reserves, and subsequently took advantage of the situation to gain reserve land from Indian bands. In addition, many of the nations that surrendered their land were in difficult financial situations, and were often indebted to the government. The sale of land was seen as a means to pay back their debts or to purchase much needed food, clothing and farming implements.----------------Evidence collected through various Indian Claims Commission inquiries suggest the land was often bought from the bands at a cost much lower than what it was resold at. For example, the government would offer the band $1.50/acre, and would then sell it to farmers or land developers for $3.00/acre. The government took advantage of the fact that the bands were in dire need of money and knowingly offered them less than what the land was worth. Most bands had little experience with real estate, land development and speculation, while government officials were well aware of the factors affecting land value and were well connected to the business community. In addition, the notions of private property and land division differed greatly from Indigenous philosophies of communal land use, ownership and responsibility. As with the signing of the numbered Treaties, historians and Indigenous community members have argued that cultural differences and power imbalances allowed for confusion and abuse in the processes of land surrender. As the buffalo populations were dwindling, many Indigenous nations were facing starvation, and entering into treaties was deemed by some leaders to be the best solution to avoid the complete loss of their bands. In this situation, government officials were in a position of power to negotiate treaty terms that were favourable to the Canadian state, although many Indigenous leaders did press the officials for better terms for their bands, and requested additional farming tools, schools and medicine chests. However, the government's failure to abide by the terms of the legally binding treaties was not uncommon; many bands never received promised farming implements / livestock, and food rations. Denied the opportunity and the proper tools to succeed in developing agricultural economies, many bands faced hardship and starvation as they once again negotiated the terms to land surrenders with government officials. As settler interest in western lands increased, the federal government responded with a series of Orders in Council and amendments to the Indian Act which increased the government’s control over reserve affairs and facilitated the surrender of treaty reserves. One such measure occurred in 1911 when an amendment to the Indian Act allowed the government to take reserve land without consent when the reserve was in or near a town of more than 8000 people, or where the land was needed for public purposes (please see database entry entitled: Laurier Government Gives Itself Power to Claim Reserve Land for further information on this subject). Although more research is required regarding this subject, some evidence suggests personal interest of Department officials played a part in generating demand for the surrender of Indian lands. The 1915 Ferguson Commission was appointed by the federal government to investigate Indian Affairs officials who were suspected of conflicts of interest in their dealings with reserve land surrenders. Please see database entry entitled: Ferguson Royal Commission for further information on this subject.-------------------------Finally, as aforementioned, Indigenous leaders and historians have pointed to issues pertaining to consent in the context of reserve land surrenders. The Indian Act of 1876 specified that consent for reserve land surrender had to be obtained from the "majority of the male members of the band at the full age of twenty-one years, at a meeting or council thereof summoned for that purpose according to their rules." Although it was clear from the Indian Act that a majority vote was required, there was much debate within government circles as to whether the “majority” referred to in the Act was a majority of only the qualified members attending the surrender meeting or an absolute majority of all eligible members of the band. Consequently, many land surrenders were premised on loosely interpreted consent rules. Evidence gathered through various Indian Claims Commissions suggests government officials employed coercive measures when negotiating reserve land surrenders. On occasion, cash was offered to band members to bribe them into accepting proposed land surrenders. In addition, as some deliberations lasted several days, and votes were taken multiple times, instances occurred where a majority of band members were absent or had left the negotiations, allowing the government to secure a vote in favour of land surrender. -------------------------The loss of reserve land had many detrimental consequences for Indigenous communities, who were already faced with traditional land base dispossession as European settlement increased rapidly on the Prairies. Despite the professed goals of the federal government to assist Indigenous people in their transition to agricultural economies, many bands were left with little to no farmable land, as the best fertile land was often part of the surrender. Evidence collected throughout various Indian Claims Commission inquiries also found that several bands failed to receive the payment amounts promised by the government, if any payment at all. The loss of large parcels of land also meant a reduced access to resources and traditional hunting grounds, loss of identity and cultural disconnection. It also signified a loss of self-sufficiency and autonomy. As fertile lands were surrendered, many bands struggled to provide sufficient food for their populations, increasing their dependency on the federal government. Federal economic policies such as an 1881 amendment to the Indian Act prohibiting the sale of agricultural products by Indian bands without the consent of the Indian Agent greatly contributed to the hardship many bands faced. Please see database entry entitled Indian Act Amendment: Regulations of sale of agricultural products for further information on this subject. To conclude, in the past 30 to 40 years, many Indigenous communities on the Prairies have undertaken negotiations with the federal government to obtain compensation, either land, financial or both, as a means to redress government wrongdoings in the cases of reserve land surrenders. The Indian Specific Claims Commission, which has investigated many reserve land surrenders in Canada, was established as a temporary independent advisory body authorized to review specific claims rejected by the government and to issue non-binding decisions.
Date
1918-00-00

Termination of Contiguous Plains Cree Reserves

Summary

After the signing of Treaties 4 and 6 many Plains Cree moved to the Cypress Hills region of Saskatchewan establishing a string of connected Cree reserves in the late 1870s. These reserves allowed for a strong, united Cree presence impeding the Canadian government’s control. As a result, Indian Commissioner Edgar Dewdney aspired to disrupt this string of reserves. He used the Cree disarmament and hunger crisis to drive the Cree out of Cypress Hills, withholding rations from Indigenous people who remained in the area in a decision called the Starvation Polic.y

Implications
Dewdney violated the treaties signed with the Plains Cree, and created geographic space between Cree communities to undermine any potential expression of resistance to government control. This also undermined the social cohesion and interconnected support systems of these communities, which were invaluable to their survival in the midst of rapid imposed social, demographic, economic and political changes. Due to Dewdney's methods, many Cree suffered and died of starvation from the withholding of rations.
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. 205, 218, 352-353.

Date
1881-00-00

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