Robinson Treaties of 1850 & Indigenous Acts 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 Wi...

# 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 instalments. - 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 Lands 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. # Manitoba Act of 1870 The land that now belongs to the Province of Manitoba was originally part of Rupert's Land. The settlers in this area were mainly from the Red River Colony and were employed in the fur trade. Many of the European settlers married First Nations women, and thus the Métis Nation was created. The Métis people have both First Nations and European ancestry. The fur trade in this region was controlled by the Hudson's Bay Company. In 1868, the Hudson's Bay Company surrendered Rupert's Land to the British Crown, who then deeded it to the newly-formed Government of Canada. The Canadian government dreamed of a country that stretched from sea to sea. It felt this dream was in danger because of colonists from the United States coming into the region. Therefore, it encouraged British colonists to migrate west. The west was already inhabited by First Nations and Métis people, but this did not deter the government. The immigration policy that encouraged settlers to move west overlooked the Métis and First Nations communities that had traditionally settled on that land. The immigration policy disrupted the traditional lifestyle of the Métis people which depended on the buffalo hunt and the fur trade. The new settlers had a different language, culture and religion than the Métis. In 1870, approximately 10,000 people identified themselves as Métis, but had no representation in the Canadian government. Eventually, the poor treatment of the Métis by the Canadian government led to the Red River Resistance of 1869. They also established a provisional Métis government. The provisional government protested the transfer of Rupert's Land to Canada without giving any consideration to the Métis, who called this land home. The rights of the Métis were completely ignored by the government. When the resistance was over, both sides signed the Manitoba Act in 1870. This Act was the legal solution for the conflict between the Red River Métis and the British Crown. According to the Act, Manitoba was proclaimed the fifth province of Canada and the Métis people were promised protection. Though the Manitoba Act was very beneficial to the Métis on paper, the promises made in this act were never fully kept. The Métis of the Red River were promised a big tract of land – 1.4 million acres. This land was to be given to the Métis children who were born before July 15, 1870 (when the transfer of Rupert's Land to Canada took place). Each Métis child was to receive 240 acres of land. The idea behind this land grant was to support the local Métis, so they would have their own land, which was not meant for the incoming European settlers. The Government of Canada issued scrip, instead of giving the Métis the land that they were promised. If the Métis gave up their claim to be Indigenous people, they might be entitled to scrip from the government. This scrip would give them either land or money as compensation for giving up their legal rights. There were many ways that the government tried to cheat the Métis Nation out of scrip, and many were denied this form of compensation. # The Indian Act 1876 The relationship between Indigenous Peoples of Canada and the European settlers changed over time. At first, the Europeans relied on the knowledge of the Indigenous peoples to survive winter and to settle in New France. This changed after the War of 1812, when the British felt that they no longer needed their First Nations allies because the Americans were no longer a threat. After several colonies of British North America, (Canada East, Canada West, Nova Scotia, New Brunswick) formed a Canadian Confederation, the government felt that it was necessary to formally assert its power over Indigenous peoples. In order to do this, two earlier acts, the Gradual Civilization Act and Gradual Enfranchisement Act, were used to create a new document called The Indian Act of 1876. This document was exclusive to First Nations, not Métis or Inuit people. The Act sought to define the term "Indian". According to this document, "Indian” was now a status granted by the government to First Nations. ## The People Who Were Granted This Status Had To: - be registered on a special list. - had to live on assigned reserve lands. - had to be related to other First Nations people by blood. This status was not permanent and it could be lost or revoked. This status could be lost in different ways. One way to lose the status was to voluntarily denounce being First Nations and accept British citizenship through a process called enfranchisement. This was introduced by the earlier document called, The Gradual Civilization Act of 1857. People could also lose their status by obtaining a university degree or if a woman married a non-status man. Men who were granted enfranchisement had the right to own land and vote. Very few First Nations people accepted the offer of enfranchisement from the British. In later amendments to The Indian Act, the Canadian Government tried to enfranchise First Nations people against their will. Another part of The Indian Act was that First Nations were assigned special lands to live on from the government. The land ownership was not transferred from the government to the First Nations people. The First Nations could live on these assigned lands, but the land was still owned by the Government of Canada. The Government of Canada retained all rights to this land. The government also sent agents to oversee the daily life of the First Nations people. These agents had a lot of power. They restricted the business and daily life of First Nations people and enforced all new government laws, such as the ban on traditional Indigenous practices. The Indian Act of 1876 firmly established the government's control over First Nations people. The goal of this act was to assimilate First Nations people into becoming British by destroying their culture and traditions. The act gave the Government of Canada control and power over the First Nations identity, government, cultural and religious practices, as well as their education. Later amendments to The Indian Act required First Nations children to leave their communities and attend residential schools. The Act also made it illegal for First Nations people to have any traditional religious ceremonies. # Chinese Immigration Act of 1885 The Chinese Immigration Act of 1885 placed a head tax of $50 on all Chinese immigrants who came to Canada. In 1900, the fee was raised to $100, and in 1903, to $500. The intention of the Act was to regulate or restrict Chinese immigration to Canada. There were two waves of Chinese immigration to Canada. The first was in 1858 for the gold rush, and the second was to help build the Canadian Pacific Railway in 1881. Chinese workers were wanted for their labour skills, but Canadians did not want them to remain in Canada. This legislation prevented them from voting, holding public office, and provided limited employment and housing opportunities. The act had a negative impact on Chinese people already living in Canada and their families in China. Chinese people were treated as second-class citizens and inferior to Canadians. Chinese-Canadians were not allowed to sponsor their relatives to join them in Canada. Chinese people were required to sign up for an identity card within 12 months. If they did not get this card, they would have to deal with the penalty of being sent to prison or a fine of up to $500. Chinese workers also earned much lower wages. Some were not even able to find work in Canada. At one point, the Chinese unemployment rate was 80% in Vancouver. The government gave some Chinese people monetary assistance, but it was only $1.12 per week in Alberta. By 1941, there were over 29,000 Chinese men working in Canada. Many of these men had wives and children to support in China. It was too expensive to pay for a trip back to China. The men worked hard and sent their money to their families in China. There were minimal job opportunities for Chinese people so they opened their own restaurants, laundromats, and grocery stores. Some people took on employment as cooks, servants and domestic workers - jobs that were not wanted by Canadians. In 1947, The Chinese Immigration Act was repealed. Canadian immigration restrictions based on race remained until 1967. # Arctic Interests 1880 The Inuit have inhabited areas of Northern Canada for a long time. These areas were mostly ignored by European settlers until whalers began to enter the Arctic. The Inuit met with British, Scottish and Basque whalers. In the beginning, this was a mutual trade relationship and a trading post was set up in Cumberland Sound (Arctic waterway in Qikiątaaluk Region, Nunavut, Canada). European whalers often hired Inuit people as guides for their expeditions. After a while, the relationship became less beneficial for the Inuit as the whalers overhunted whales, caribou, and muskox. These animals were key to Inuit survival in the harsh Arctic climate. Contact with Europeans also exposed the Inuit to illnesses they had never been in contact with, which led to illness epidemics. For a long time, many areas were controlled by a British company called The Hudson's Bay Company. This land was sold to the newly-formed Government of Canada under pressure from the British government. Due to the fur trade, populations of settlers, and trading posts, the government wanted more control over this area. It continued to look for shipping routes through the Arctic to assist with trade. Canada did not want the Arctic to be claimed by settlers from the United States. The Canadian government sent many expeditions over the years to claim areas of the Arctic for Canada. The explorers would raise a flag or place a plaque in these areas to “claim” this land as belonging to Canada. In recent history, Arctic ownership questions have been raised and former Prime Minister Stephan Harper used the historic presence of the Inuit and other Indigenous communities to support Canada's claim to the Arctic. # Indigenous Case Law When ownership of Rupert's Land was first sold to Britain, then to Canada, the rights and opinions of the Indigenous people were ignored. After the signing of Treaty 3 between the Saulteaux (Ojibwa) First Nations and the Government of Canada on October 3, 1873, reserve lands were created. This led to conflict between the provincial and federal governments as reserve lands were under federal jurisdiction. The Government of Ontario did not feel that the federal government should control this land. The provincial government did not believe that the federal government had the right to issue a logging licence to the St. Catharine's Milling and Lumber Company. This dispute was brought to court in 1888. It became known as the St. Catharine's Milling Case. D'Alton McCarthy argued on behalf of the federal government that only they had the authority to negotiate with Indigenous peoples over land use as per the British North America Act. Oliver Mowat argued on behalf of the provincial government that Indigenous people should not be entitled to any land rights because they were of an "inferior race”. After three appeals, it was decided that First Nations land rights were "dependent upon the goodwill of the Sovereign" (they could use the land only at the discretion of the government). This interpretation of the law was in use until it was overturned in 1973. # Numbered Treaties Canada's Indigenous peoples entered into various treaties with the British. These treaties became especially important during the American Revolution and the War of 1812, as the alliances with various First Nations communities influenced the course of the war. This was also the period when Indigenous peoples began to be forced from their traditional lands and moved onto reserves. This was because the settlers wanted land to cultivate for farming. This was a difficult transition for many Indigenous communities as they previously were heavily involved in hunting and fishing - not the stationary farming lifestyle that the government was encouraging. They were also promised money to start up their farms and payment for their lands. The federal government was responsible for providing Indigenous people with the tools they needed to make the switch from hunting and fishing to farming. They needed farm equipment, seeds, and lessons. The government did not always live up to their responsibilities. Later, treaties were created as solutions to government problems involving economic and resource needs. The rights of Indigenous peoples were not the primary goals of these treaties. There were 11 numbered treaties, signed between 1871 and 1921. They were signed between the British Crown and various Indigenous groups. Some of the treaties involved signing over lands, while others clarified and added clauses to the previous treaties. The Numbered Treaties took away many of the rights of Indigenous peoples. They were given land to live on, but this land was controlled by the government. It was given to Indigenous peoples in trust. This made Indigenous people dependent on the will of the government. These treaties continue to be important to Indigenous peoples. These treaties are still valid and important today. # Treaty #1 Treaty 1 and 2 were signed following the purchase of Rupert's Land from the Hudson's Bay Company and the Red River Resistance in Manitoba. Treaty 1 was signed on August 3, 1871, between Canada and the Anishinabek and Swampy Cree of southern Manitoba. Treaty 1 land is located in southern Manitoba. Indigenous peoples that resided around the Winnipeg area protested that the Hudson's Bay Company had the right to sell the land to Canada. They directly petitioned the Crown for a legal way to solve this dispute. Adams G. Archibald, the Governor of Manitoba, represented the government. He wanted to claim the lands where the sawmills were already built, as well as the best areas for farming. The government offered Indigenous people reserve lands for them to live on. On the reserves, Indigenous peoples would be forced to turn to agriculture, which was a more European-like lifestyle that would help the government with its goal of assimilation. ## Key Points of the Treaty: - Traditional Indigenous land was given to the Crown. - An agreement was reached that the Indigenous people could live on the new reserve lands until they were needed by the government. - Each family was assigned approximately 160 acres of land. - Each member, including women and children, were to receive a one-time payment of $3. - Schools were created on the reserves. - Farming tools were to be provided to help people adapt to the new way of life. # Treaty #2 Treaty 2 was signed in 1871 between the Government of Canada and the Anishinaabe of southern Manitoba for land located in southern Manitoba. The terms were very similar to Treaty 1. The government wanted this land for the new settlers that were arriving in Western Canada. In this treaty, the Anishinaabe agreed to give up their land to "Her Majesty the Queen and her successors forever.” The land was incredibly valuable. This land was three times larger than the official Province of Manitoba at that time. The Anishinaabe did not understand that they were signing away all of their rights to all their land, given that they had been verbally granted permission to continue hunting and fishing in their traditional areas. These permissions were not written down and future Manitoba governments would not honour these promises. ## Key Points The Anishinaabe were promised land of 160 acres for each family of five, as well as annual payments and new schools on the new reserve lands. They were verbally promised new farming equipment and tools, but this was not written into the treaty. ## Discussion Question Why do you think the Anishinaabe agreed to this treaty? # Treaty #3 Treaty Number 3 (North-West Angle Treaty) was signed between the Saulteaux (Ojibwa) First Nations and the Government of Canada on October 3, 1873. Treaty 3 lands are located in northwestern Ontario and a part of eastern Manitoba. The government wanted the lands belonging to the Saulteaux because they wanted to build roads and a railroad through their lands to connect parts of Northern Ontario to Manitoba. Gold and silver were also found in this area. The Saulteaux made it clear during these talks they did not want their land used as a place where new settlers could set up their farms. The Saulteaux also told the government that they wanted a fee of $10 per year for all members of their community for the use of their land. The government said they would only pay this if they could gain ownership of the Saulteaux land. Throughout these negotiations, the Saulteaux continued to tell the government they could use their land, but not own it. After many negotiations, the Saulteaux and the government reached an agreement. The written agreement did not match the verbal agreements that had been made during these negotiations. The Saulteaux also maintained that they never agreed to sell their lands, but only provided the government use of the land. The Métis were involved in these discussions, but were excluded from this treaty. ## Key Points: - The government promised reserve lands (but were far away, and were not located in any mining areas) and monetary payments. - The Salteaux were permitted to hunt and fish on their traditional lands until the land was needed by the government. - The government was also responsible for providing the Salteaux with agricultural tools and livestock (which were in poor condition when they arrived many years after their promise). # Treaty #4 Treaty Number 4 (Qu'Appelle Treaty) was signed between the Cree, Saulteaux (Ojibwa), the Assiniboine First Nations people and the Canadian Government on September 15, 1874. Western settlement was encroaching on these First Nations and affecting the buffalo. Treaty 4 lands are in present-day southern Saskatchewan, western Manitoba and southern Alberta. The federal government was disinterested in this land, but local officials felt it would be beneficial to own this land, so they persuaded the government to negotiate. In this treaty, the government promised that each family (up to 5 people) would get 640 acres of land. They were also told that they would get $12 per community member upon signing the treaty. Like the other treaties, the government promised them annual monetary payments, as well as money to buy the tools needed for fishing and farming. Schools were also to be built on the reserves. They were also going to create a special area called Treaty Ground to conduct official business. Indigenous peoples were also granted rights to hunt, fish and trap on all of their traditional lands unless they were being used for agriculture, forestry, mining or settlement. The promises of Treaty 4 were not fulfilled by the government as expected by the First Nations people. 1. The First Nations did not receive their promised allotments immediately. They had to wait for their lands for 2 years, which delayed the start of their transitioning to farming. 2. Cree Chief Piapot (Payepot) claimed that his people were cheated by the treaty terms and tried to further negotiate with the government. 3. In 1882, Treaty Ground land was taken away from the First Nations by the government, and it took a century to get this land returned to the First Nations people. # Treaty #5 Treaty Number 5 (Winnipeg Treaty) was signed between the Ojibwa, Swampy Cree of Lake Winnipeg and the Government of Canada during 1875-1876. Treaty 5 involves land in central and northern Manitoba, areas of Saskatchewan and areas of Ontario. These groups had heard of government promises to other First Nations groups through previous treaties. They wanted similar assistance for their people who were being encroached on by the settlers. Like Treaty 4, the federal government was not interested in creating another treaty as they felt they had secured enough land for the incoming settlers. Local officials convinced the federal government that the area around Lake Winnipeg could be used for settlement, natural resources and transportation routes. ## Key Points: - The government felt the area around Lake Winnipeg was not as valuable as other lands negotiated in previous treaties. Therefore, the government offerings were less than other treaties. - A one time payment of $5 for each community member. - Each family would receive 160 acres of land. - Money was given for farming and fishing tools, but was also less than other treaties. - The government also promised to build schools and provide annual cash payments. # Treaty #6 Treaty Number 6 was signed by the Cree, Assiniboine, Ojibwa and the Government of Canada in 1876. The land area in this treaty includes portions of Alberta and Saskatchewan. These First Nations groups were concerned after Rupert's Land was given by the British Crown to the Government of Canada. They wanted to negotiate terms with the government to protect their lands from settlers and surveyors. Even though local officials felt this would be a good idea, the federal government initially had no interest in their lands. The Cree began to disrupt government projects in their territories, to gain the government's attention. The North-West Mounted Police were sent to maintain law and order in these areas. These actions finally pushed the government into negotiating a treaty. Cree Chief Mistahimaskwa (Big Bear) was not present at the final treaty negotiations. When he returned from his travels, he was upset that the other leaders had signed a treaty without him. He brought back news that Treaties 1 – 5 had not been advantageous to the other First Nations groups. ## Key Points: - Community members were given an annual cash payment of $5. - A one-time cash payment of $12 for each community member. - Each family of five was given about 2.5 km² of reserve lands. - Schools were to be built on the reserves. - The government was to provide farming tools and livestock. - Rights to continue hunting, fishing and trapping animals on their lands was granted. # Treaty #7 Treaty Number 7 was signed by the Siksika, Kainai, Piikani, Stoney-Nakoda, Tsuutina and the Government of Canada in 1877. Prior to signing this treaty these First Nations communities had suffered through smallpox outbreaks, and saw a decline in buffalo herds. Treaty 7 is located in Alberta and gave the government approximately 130,000 km² of land. The signing of this treaty also occurred during a time of massive development for Canada. When the colonies entered into confederation there was a promise of a railroad from sea to sea. The Government of Canada needed land belonging to the First Nations to make this railway a reality, but they also had a legal duty to protect Canada's Indigenous peoples as outlined in the Royal Proclamation of 1763. ## Key Points - Each family of five was given 6.47 km² of land. - All communities were moved to reserve lands. - One-time payment of $12 was given to each community member. - Annual payments of $5 to each community member (more if you held a higher status). - Chiefs were given clothing, a rifle, medal and a flag. - A school was to be built on the reserve and the teacher's salary was to be paid by the government. - The government promised tools, ammunition and livestock for the First Nations communities. - The First Nations were permitted hunting and fishing rights as long as the government did not need the land. The treaty has been disputed today because the Indigenous groups did not know they were signing over all rights to their land. They were hoping for assistance from the government, not a complete take over. The government did not keep its promise of helping them transition from a hunting and fishing lifestyle to farming.