Copy of Lesson 1 - Western Canada Legal Documents PDF

# The Robinson Treaties of 1850 There were two treaties. They were named the Robinson Superior Treaty and the Robinson Huron Treaty. The parties involved were the Anishinaabe (Ojibwe) chiefs, who represented the First Nations groups around Lake Superior and Lake Huron, and British representative W...

# The Robinson Treaties of 1850 There were two treaties. They were named the Robinson Superior Treaty and the Robinson Huron Treaty. The parties involved were the Anishinaabe (Ojibwe) chiefs, who represented the First Nations groups around Lake Superior and Lake Huron, and British representative William Benjamin Robinson. These treaties were created because new settlers to the area were interested in the mining opportunities located in these areas. The First Nations and the Métis were upset that the settlers were taking things from their lands without any compensation or agreement. This was a direct violation of the Royal Proclamation of 1763. The First Nations and Métis started an uprising, called the Mica Bay Incident, to fight for their land rights against the mining companies. ## What the treaties were about: - The chiefs agreed to give the British government a large territory north of Lakes Superior and Huron. - The First Nations received payment in return for the lands, and this payment was to be paid in yearly installments. - There were 24 reserves created for First Nations people to live on because they had given up their land. - These reserves were not owned by the First Nations people. They were "kept in trust" for the First Nations. - The treaty also allowed First Nations to hunt and fish in the territory they had given up. These treaties were the first of this kind, and similar promises appeared in later First Nations treaties. # Act for the Better Protection of the Land and Property of Indians in Lower Canada Once the British took over from the French in North America after the Seven Years' War, they started to establish official land treaties with various Indigenous groups. In 1850, the government of British North America felt it was necessary to explicitly outline who had farming and hunting rights in different areas of the colony. With this Act, the government made an effort to determine the groups of people who could live on reserve land. The Act implied that these lands were held in trust by the government "for the benefit of" the Indigenous people, and it was therefore important to ensure that the land would only be used by them. This Act introduced the concept of being a "legal Indian". According to this document people were considered First Nations if: - They were of First Nations blood and belonged to a certain family/cultural group. - They were married to a First Nations person. - If their parents were "legal Indians", even if the children themselves were adopted. Women would lose their legal status if they married a non-First Nations or non-status man. The children from these marriages were also considered “non-status”. # The Gradual Civilization Act of 1857 During the second half of 1800s, the Canadian government spent a lot of effort trying to assimilate Indigenous people. The Europeans did not approve of or understand the lifestyle of the Indigenous people. Europeans considered the Indigenous people uncivilized. Therefore, the authorities wanted them to become like Europeans who practised Christianity and were farmers. Once the War of 1812 concluded, many European immigrants moved to British North America. Land was needed for these new people to set up their homes and farms. The Indigenous people controlled a vast amount of rich land. The government wanted the land where the Indigenous people hunted, fished, and lived. As a result of all of these things, the Gradual Civilization Act was issued in the 1857. This new law wanted First Nations men to denounce their legal "Indian Status" and connections to their traditional culture and land. If this was completed, and the man was "well-behaved" he could receive a land grant and eventually the right to vote. At this time, Indigenous people could not vote. The government hoped that the Indigenous people would give up their land rights that were given to them through various treaties. Very few Indigenous people voluntarily gave up their land or cultural rights. # Gradual Enfranchisement Act of 1869 The second Gradual Enfranchisement Act was issued in 1869. The Government of Canada still wanted to introduce voluntary enfranchisement to First Nations people. This is a process where a First Nations man can denounce his legal "Indian Status" and in exchange receive land and voting rights. Besides discussing the process of enfranchisement, the Act also outlined several other items: 1. Clarification of "Status Indian". One could only live on reserve lands if they had at least one-quarter First Nations blood. 2. If you did not have "Status" you were not permitted to live on reserve lands or receive any government payments. 3. This new land excluded many of the Métis due to their heritage as they were descendants of both European and First Nations ancestry. 4. Traditional First Nations governance structures were replaced with a European-inspired model that consisted of an elected band chief and an assisting band council. All of these council members had to be approved by the Officer of Indian Affairs. The Act hoped to encourage people to denounce their identity as the First Nations people. At this time, the First Nations were limited in their rights, whereas an enfranchised person could be a "free" member of society. Encouraging voluntary enfranchisement was the main Canadian policy of this time period.