James Bay Treaty - Treaty No. 9 -
November 6, 1905
OTTAWA, November 6, 1905.
The Honourable
Superintendent General of Indian Affairs,
Ottawa.
SIR, --- Since the treaties known as the Robinson Treaties were
signed in the autumn of the year 1850, no cession of the Indian
title to lands lying within the defined limits of the province of
Ontario had been obtained. By these treaties the Ojibeway Indians
gave up their right and title to a large tract of country lying
between the height of land and Lakes Huron and Superior. In 1873,
by the Northwest Angle Treaty (Treaty No. 3), the Saulteaux Indians
ceded a large tract east of Manitoba, part of which now falls
within the boundaries of the province of Ontario. The
first-mentioned treaty was made by the old province of Canada, the
second by the Dominion.
Increasing settlement, activity in mining and railway
construction in that large section of the province of Ontario north
of the height of land and south of the Albany river rendered it
advisable to extinguish the Indian title. The undersigned were,
therefore, appointed by Order of His Excellency in Council on June
29, 1905, as commissioners to negotiate a treaty with the Indians
inhabiting the unceded tract. This comprised about 90,000 square
miles of the provincial lands drained by the Albany and Moose river
systems.
When the question first came to be discussed, it was seen that
it would be difficult to separate the Indians who came from their
hunting grounds on both sides of the Albany river to trade at the
posts of the Hudson's Bay Company, and to treat only with that
portion which came from the southern or Ontario side. As the
cession of the Indian title in that portion of the Northwest
Territories which lies to the north of the Albany river would have
to be consummated at no very distant date, it was thought advisable
to make the negotiations with Indians whose hunting grounds were in
Ontario serve as the occasion for dealing upon the same terms with
all the Indians trading at Albany river posts, and to add to the
community of interest which for trade purposes exists amongst these
Indians a like responsibility for treaty obligations. We were,
therefore, given power by Order of His Excellency in Council of
July 6, 1905, to admit to treaty any Indian whose hunting grounds
cover portions of the Northwest Territories lying between the
Albany river, the district of Keewatin and Hudson bay, and to set
aside reserves in that territory.
In one
essential particular the constitution of the commission to
negotiate this treaty differed from that of others which undertook
similar service in the past. One member * was
nominated by the province of Ontario under the provisions of clause
6 of the Statute of Canada, 54-55 Vic., chap. V., which reads:
"That any future treaties with the Indians in respect of territory
in Ontario to which they have not before the passing of the said
Statutes surrendered their claim aforesaid shall be deemed to
require the concurrence of the government of Ontario." The
concurrence of the government of Ontario carried with it the
stipulation that one member of the commission should be nominated
by and represent Ontario.
It is important also to note that under the provisions of clause
6 just quoted, the terms of the treaty were fixed by the
governments of the Dominion and Ontario; the commissioners were
empowered to offer certain conditions, but were not allowed to
alter or add to them in the event of their not being acceptable to
the Indians.
After the preliminary arrangements were completed, the
commissioners left Ottawa for Dinorwic, the point of departure for
Osnaburg, on June 30, and arrived there on July 2.
The party consisted of the undersigned, A. G. Meindl, Esq.,
M.D., who had been appointed to carry out the necessary work of
medical relief and supervision, and James Parkinson and J. L.
Vanasse, constables of the Dominion police force. At Dinorwic the
party was met by T. C. Rae, Esq., chief trader of the Hudson's Bay
Company, who had been detailed by the commissioner of the Hudson's
Bay Company to travel with the party and make arrangements for
transportation and maintenance en route. Mr. Rae had obtained a
competent crew at Dinorwic to take the party to Osnaburg. The head
man was James Swain, an old Albany river guide and mail-carrier,
who is thoroughly familiar with the many difficult rapids of this
river.
The party left Dinorwic on the morning of July 3, and after
crossing a long portage of nine miles, first put the canoes into
the water at Big Sandy Lake. On July 5 we passed Frenchman's Head
reservation, and James Bunting, councillor in charge of the band,
volunteered the assistance of a dozen of his stalwart men to help
us over the difficult Ishkaqua portage, which was of great
assistance, as we were then carrying a great weight of supplies and
baggage. On the evening of the 5th, the waters of Lac Seul were
reached, and on the morning of the 6th the party arrived at Lac
Seul post of the Hudson's Bay Company. Here the commission met with
marked hospitality from Mr. J. D. McKenzie, in charge of the post,
who rendered every assistance in his power. He interpreted whenever
necessary, for which task he was eminently fitted by reason of his
perfect knowledge of the Ojibeway language.
The hunting grounds of the Indians who traded at this post had
long ago been surrendered by Treaty No. 3, but it was thought
advisable to call at this point to ascertain whether any non-treaty
Indians had assembled there from points beyond Treaty No. 3, but
adjacent to it. Only one family, from Albany river, was met with.
The case was fully investigated and the family was afterwards
attached to the new treaty.
The afternoon of the 6th was spent in a visit to the Lac Seul
reserve in an attempt to discourage the dances and medicine feasts
which were being held upon the reserve. The Indians of this band
were well dressed, and for the most part seemed to live in a state
of reasonable comfort. Their hunting grounds are productive.
The party left Lac Seul on the morning of July 7, en route for
Osnaburg passing through Lac Seul, and reached the height of land,
via Root river, on July 10. Thence by the waters of Lake St.
Joseph, Osnaburg was reached on the 11th.
This was the first point at which treaty was to be made, and we
found the Indians assembled in force, very few being absent of all
those who traded at the post. Those who were absent had been to the
post for their usual supplies earlier in the summer, and had gone
back to their own territory in the vicinity of Cat lake.
Owing to the water connection with Lac Seul, these Indians were
familiar with the provisions of Treaty No. 3, and it was feared
that more difficulty might be met with at that point than almost
any other, on account of the terms which the commissioners were
empowered to offer not being quite so favourable as those of the
older treaty.
The annuity in Treaty No. 3 is $5 per head, and only $4 was to
be offered in this present instance. The proposed treaty did not
provide for an issue of implements, cattle, ammunition or
seed-grain.
As there was, therefore, some uncertainty as to the result, the
commissioners requested the Indians to select from their number a
group of representative men to whom the treaty might be explained.
Shortly after, those nominated presented themselves and the terms
of the treaty were interpreted. They were then told that it was the
desire of the commissioners that any point on which they required
further explanations should be freely discussed, and any questions
asked which they desired to have answered.
Missabay, the recognized chief of the band, then spoke,
expressing the fears of the Indians that, if they signed the
treaty, they would be compelled to reside upon the reserve to be
set apart for them, and would be deprived of the fishing and
hunting privileges which they now enjoy.
On being informed that their fears in regard to both these
matters were groundless, as their present manner of making their
livelihood would in no way be interfered with, the Indians talked
the matter over among themselves, and then asked to be given till
the following day to prepare their reply. This request was at once
acceded to and the meeting adjourned.
The next morning the Indians signified their readiness to give
their reply to the commissioners, and the meeting being again
convened, the chief spoke, stating that full consideration had been
given the request made to them to enter into treaty with His
Majesty, and they were prepared to sign, as they believed that
nothing but good was intended. The money they would receive would
be of great benefit to them, and the Indians were all very thankful
for the advantages they would receive from the treaty.
The other representatives having signified that they were of the
same mind as Missabay, the treaty was then signed and witnessed
with all due formality, and payment of the gratuity was at once
proceeded with.
The election of chiefs also took place, the band being entitled
to one chief and two councillors. The following were
elected:Missabay, John Skunk and George Wawaashkung.
After this, the feast which usually accompanies such formalities
was given the Indians. Then followed the presentation of a flag,
one of the provisions of the treaty; this was to be held by the
chief for the time being as an emblem of his authority. Before the
feast began, the flag was presented to Missabay the newly elected
chief, with words of advice suitable for the occasion. Missabay
received it and made an eloquent speech, in which he extolled the
manner in which the Indians had been treated by the government;
advised the young men to listen well to what the white men had to
say, and to follow their advice and not to exalt their own opinions
above those of men who knew the world and had brought them such
benefits. Missabay, who is blind, has great control over his band,
and he is disposed to use his influence in the best interests of
the Indians.
At Osnaburg the civilizing work of the Church Missionary Society
was noticeable. A commodious church was one of the most conspicuous
buildings at the post and the Indians held service in it every
evening. This post was in charge of Mr. Jabez Williams, who
rendered great service to the party by interpreting whenever
necessary. He also gave up his residence for the use of the
party.
On the morning of July 13 the question of the location of the
reserves was gone fully into, and the Indians showed great
acuteness in describing the location of the land they desired to
have reserved for them. Their final choice is shown in the schedule
of reserves which is annexed to this report.
We left Osnaburg on the morning of July 13, and entered the
Albany river, which drains Lake St. Joseph, and, after passing many
rapids and magnificent lake stretches of this fine river, we
reached Fort Hope at 5 o'clock on the afternoon of the l8th. This
important post of the Hudson's Bay Company is situated on the shore
of Lake Eabamet, and is the meeting point of a large number of
Indians, certainly 700, who have their hunting grounds on both
sides of the Albany and as far as the headwaters of the Winisk
river. The post was in charge of Mr. C. H. M. Gordon.
The same course of procedure was followed as at Osnaburg. The
Indians were requested to select representatives to whom the
business of the commission might be explained, and on the morning
of the l9th the commissioners met a number of representative
Indians in the Hudson's Bay Company's house. Here the commissioners
had the benefit of the assistance of Rev. Father F. X Fafard, of
the Roman Catholic Mission at Albany, whose thorough knowledge of
the Cree and Ojibeway tongues was of great assistance during the
discussion.
A more general conversation in explanation of the terms of the
treaty followed than had occurred at Osnaburg. Moonias, one of the
most influential chiefs, asked a number of questions. He said that
ever since he was able to earn anything, and that was from the time
he was very young, he had never been given something for nothing;
that he always had to pay for everything that he got, even if it
was only a paper of pins. "Now," he said "you gentlemen come to us
from the King offering to give us benefits for which we can make no
return. How is this?" Father Fafard thereupon explained to him the
nature of the treaty, and that by it the Indians were giving their
faith and allegiance to the King, and for giving up their title to
a large area of land of which they could make no use, they received
benefits that served to balance anything that they were giving.
"Yesno," who received his name from his imperfect knowledge of
the English language, which consisted altogether in the use of the
words "yes" and "no," made an excited speech, in which he told the
Indians that they were to receive cattle and implements, seed-grain
and tools. Yesno had evidently travelled, and had gathered an
erroneous and exaggerated idea of what the government was doing for
Indians in other parts of the country, but, as the undersigned
wished to guard carefully against any misconception or against
making any promises which were not written in the treaty itself, it
was explained that none of these issues were to be made, as the
band could not hope to depend upon agriculture as a means of
subsistence; that hunting and fishing, in which occupations they
were not to be interfered with, should for very many years prove
lucrative sources of revenue. The Indians were informed that by
signing the treaty they pledged themselves not to interfere with
white men who might come into the country surveying, prospecting,
hunting, or in other occupations; that they must respect the laws
of the land in every particular, and that their reserves were set
apart for them in order that they might have a tract in which they
could not be molested, and where no white man would have any claims
without the consent of their tribe and of the government.
After this very full discussion, the treaty was signed, and
payment was commenced. The payment was finished on the next day,
and the Indian feast took place, at which the chiefs elected were
Katchange, Yesno, Joe Goodwin, Benj. Ooskinegisk, and George
Quisees. The newly elected chiefs made short speeches, expressing
their gladness at the conclusion of the treaty and their
determination to be true to its terms and stipulations.
It is considered worthy of record to remark on the vigorous and
manly qualities displayed by these Indians throughout the
negotiations. Although undoubtedly at times they suffer from lack
of food owing to the circumstances under which they live, yet they
appeared contented, and enjoy a certain degree of comfort. Two
active missions are established at Fort Hope, the Anglican, under
the charge of Rev. Mr. Richards, who is resident, and the Roman
Catholic, under the charge of Rev. Father Fafard, who visits from
the mission at Albany.
Fort Hope was left on the morning of July 21, and after passing
through Lake Eabamet the Albany was reached again, and after three
days' travel we arrived at Marten Falls at 7.35 on the morning of
Tuesday, July 25.
This is an important post of the Hudson's Bay Company, in charge
of Mr. Samuel Iserhoff. A number of Indians were awaiting the
arrival of the commission. The first glance at the Indians served
to convince that they were not equal in physical development to
those at Osnaburg or Fort Hope, and the comparative poverty of
their hunting grounds may account for this fact.
The necessary business at this post was transacted on the 25th.
The treaty, after due explanation, was signed and the payment made
immediately. Shortly before the feast the Indians elected their
chief, Wm. Whitehead, and two councillors, Wm. Coaster and Long Tom
Ostamas.
At the feast Chief Whitehead made an excellent speech, in which
he described the benefits that would follow the treaty and his
gratitude to the King and the government for extending a helping
and protecting hand to the Indians.
The reserve was fixed at a point opposite the post and is
described fully in the schedule of reserves.
The commodious Roman Catholic church situated on the high bank
of the river overlooking the Hudson's Bay Company's buildings was
the most conspicuous object at this post.
Marten Falls was left on the morning of Wednesday, July 26.
Below this point the Albany flows towards James Bay without any
impediment of rapids or falls, but with a swift current, which is a
considerable aid to canoe travel.
The mouth of the Kenogami river was reached at 2.45 on the
afternoon of July 27. This river flows in with a large volume of
water and a strong current. It took two days of heavy paddling and
difficult tracking to reach the English River post, which is
situated about 60 miles from the mouth of the river and near the
Forks. We found many of the Indians encamped along the river, and
they followed us in their canoes to the post, where we arrived on
the afternoon of July 29.
This is a desolate post of the Hudson's Bay Company, in charge
of Mr. G. B. Cooper. There are very few Indians in attendance at
any time; about half of them were assembled, the rest having gone
to "The Line," as the Canadian Pacific railway is called, to
trade.
Compared with the number at Fort Hope or Osnaburg, there was a
mere handful at English River, and it did not take long to explain
to the Indians the reason why the commission was visiting them. As
these people cannot be considered a separate band, but a branch of
the Albany band, it was not thought necessary to have them sign the
treaty, and they were merely admitted as an offshoot of the larger
and more important band.
The terms of the treaty having been fully explained, the Indians
stated that they were willing to come under its provisions, and
they were informed that by the acceptance of the gratuity they
would be held to have entered treaty, a statement which they fully
realized. As the morrow was Sunday, and as it was important to
proceed without delay, they were paid at once.
We left the English River post early on Monday morning, and
reached the mouth of the river at 6 p.m. Coming again into the
Albany, we met a number of Marten Falls Indians who had not been
paid, and who had been camped at the mouth of the river, expecting
the commission . After being paid, they camped on the shore near
us, and next morning proceeded on their way to Marten Falls, with
their York boats laden with goods from Fort Albany. The next day a
party of Albany Indians were paid at the mouth of Cheepy river, and
the post itself was reached on the morning of August 3, at 9.30.
Here the commissioners had the advantage of receiving much
assistance from Mr. G. W. Cockram, who was just leaving the post on
his way to England, and Mr. A. W. Patterson, who had just taken
charge in his stead.
In the afternoon the chief men selected by the Indians were
convened in a large room in the Hudson's Bay Company's store, and
an interesting and satisfactory conversation followed. The
explanations that had been given at the other points were repeated
here, and two of the Indians, Arthur Wesley and Wm. Goodwin, spoke
at some length, expressing on their own behalf and on behalf of
their comrades the pleasure they felt upon being brought into the
treaty and the satisfaction they experienced on receiving such
generous treatment from the Crown. Some of the Indians were away at
their hunting grounds at Attawapiskat river, and it was thought
advisable to postpone the election of chiefs until next year. The
Indians were paid on August 4 and 5.
During the afternoon the Hudson's Bay Company's steamer
Innenew arrived, with the Right Rev. George Holmes, the
Anglican Bishop of Moosonee, on board.
On Saturday the Indians feasted and presented the commissioners
with an address written in Cree syllabic, of which the following is
a translation:
"From our hearts we thank thee, O Great Chief, as thou hast
pitied us and given us temporal help. We are very poor and weak. He
(the Great Chief) has taken us over, here in our own country,
through you (his servants).
"Therefore from our hearts we thank thee, very much, and pray
for thee to Our Father in heaven. Thou hast helped us in our
poverty.
"Every day we pray, trusting that we may be saved through a
righteous life; and for thee we shall ever pray that thou mayest be
strong in God's strength and by His assistance." And we trust that
it may ever be with us as it is now; we and our children will in
the church of God now and ever thank Jesus.
"Again we thank you (commissioners) from our hearts."
Fort Albany is an important post of the Hudson's Bay Company,
and here there are two flourishing missions, one of the Roman
Catholic and one of the Church of England. Father Fafard has
established a large boarding school, which accommodates 20 Indian
pupils in charge of the Grey Nuns from the parent house at Ottawa.
Here assistance is given to sick Indians in the hospital ward, and
a certain number of aged people who cannot travel with their
relatives are supported each winter. The church and presbytery are
commodious and well built, and the whole mission has an air of
prosperity and comfort. The celebration of mass was well attended
on Sunday. The Church of England mission is also in a flourishing
condition. The large church was well filled for all Sunday services
conducted by Bishop Holmes, and the Indians took an intelligent
part in the services.
We left Albany on the morning of Monday, August 7, in a
sail-boat chartered from the Hudsons' Bay Company, and, the wind
being strong and fair, we anchored off the mouth of Moose river at
7 o'clock the same evening. Weighing anchor at daylight on Tuesday
morning, we drifted with the tide, and a light, fitful wind and
reached Moose Factory at 10.30. We had been accompanied on the
journey by Bishop Holmes, who immediately upon landing interested
himself with Mr. J. G. Mowat, in charge of this important post of
the Hudson's Bay Company, to secure a meeting of representatives
Indians on the morrow.
On the morning of the 9th a meeting was held in a large room
placed at our disposal by the Hudson's Bay Company. The Indians who
had been chosen to confer with us seemed remarkably intelligent and
deeply interested in the subject to be discussed. When the points
of the treaty were explained to them, they expressed their perfect
willingness to accede to the terms and conditions. Frederick Mark,
who in the afternoon was elected chief, said the Indians were all
delighted that a treaty was about to be made with them; they had
been looking forward to it for a long time, and were glad that they
were to have their hopes realized and that there was now a prospect
of law and order being established among them. John Dick remarked
that one great advantage the Indians hoped to derive from the
treaty was the establishment of schools wherein their children
might receive an education. George Teppaise said they were thankful
that the King had remembered them, and that the Indians were to
receive money, which was very much needed by many who were poor and
sick. Suitable responses were made to these gratifying speeches by
ourselves and Bishop Holmes, and the treaty was immediately signed.
Payment commenced next day and was rapidly completed.
It was a matter of general comment that the Moose Factory
Indians were the most comfortably dressed and best nourished of the
Indians we had so far met with.
On the evening of Thursday the Indians announced that they had
elected the following chief and councillors: Frederick Mark, James
Job, Simon Quatchequan and Simon Cheena. As they were to have their
feast in the evening, it was decided to present the flag to the
chief on that occasion. The feast was held in a large workshop
placed at the disposal of the Indians by the Company; and before
this hall, just as night was coming on, the flag was presented to
Chief Mark. In many respects it was a unique occasion. The
gathering was addressed by Bishop Holmes, who began with a prayer
in Cree, the Indians making their responses and singing their hymns
in the same language. Bishop Holmes kindly interpreted the address
of the commissioners, which was suitably replied to by Chief Mark.
It may be recorded that during our stay at this point a commodious
church was crowded every evening by interested Indians, and that
the good effect of the ministrations for many years of the Church
Missionary Society were plain, not only to Moose Factory but after
the immediate influence of the post and the missionaries had been
left. The crew from Moose Factory which accompanied the
commissioners as far as Abitibi held service every night in camp,
recited a short litany, sang a hymn and engaged in prayer, a fact
we think worthy of remark, as in the solitude through which we
passed this Christian service made a link with civilization and the
best influences at work in the world which had penetrated even to
these remote regions. On Friday, August 11, the question of a
reserve was gone into, and settled to the satisfaction of ourselves
and the Indians. A description of the location is given in the
schedule of reserves.
During our stay we had the opportunity of inspecting Bishop's
Court, at one time the residence of the Bishop of Moosonee, but
which the present bishop intends to convert into a boarding school
for Indian children. The hospital under the supervision of Miss
Johnson was also inspected.
On Saturday, August 12, we left Moose Factory at 12.30. For one
week we were engaged with the strong rapids of the Moose and
Abitibi rivers, and did not reach New Post, our next point of call,
until 12.30 on Saturday, the 19th. New Post is a small and
comparatively unimportant post of the Hudson's Bay Company. It is
situated on a beautiful bend of the Abitibi river, and commands an
excellent hunting country. The post is in charge of Mr. S. B.
Barrett, and nowhere was the commission received with greater
consideration and hospitality than at a this place. The New Post
Indians, although few in number, are of excellent character and
disposition. They met us with great friendliness. The treaty was
concluded on Monday, the 21st, and the Indians were at once paid.
The reserve question was also discussed, and the location finally
fixed as shown by the schedule of reserves. One of the leading
Indians, Esau Omakess, was absent from the reserve during the
negotiations. He, however, arrived during the time the payments
were being made, and signified his approval of the action taken by
his fellow Indians. He was subsequently chosen unanimously as chief
of the band.
We started for Abitibi on Tuesday morning, August 22. On the
previous evening the chief had announced to the commissioners his
intention of accompanying the party, with five companions, to
assist in passing the difficult series of portages which lie
immediately above New Post. One unacquainted with the methods of
travel in these regions will not perhaps realize the great
assistance this was to the party. At a moderate estimate, it saved
one day's travel; and this great assistance was to be rendered, the
chief said, without any desire for reward or even for maintenance
on the route (they were to bring their own supplies with them), but
simply to show their good-will to the commissioner and their
thankfulness to the King and the government for the treatment which
had been accorded them. They remained with us until the most
difficult portages were passed, and left on the evening of August
24, with mutual expressions of good-will. As we ascended the
Abitibi evidences of approaching civilization and of the activity
in railway construction and surveying, which had rendered the
making of the treaty necessary, were constantly met with. Surveying
parties of the Transcontinental railway, the Timiskaming and
Northern Ontario railway and Ontario township surveyors were
constantly met with.
On the morning of August 29 we reached Lake Abitibi, camped at
the Hudson's Bay Company's winter post at the Narrows on the same
evening, and arrived at Abitibi post the next night at dusk. We did
not expect to find many Indians in attendance, as they usually
leave for their hunting grounds about the first week in July. There
were, however, a few Indians who were waiting at the post in
expectation of the arrival of the commission. These were assembled
at 2.30 on the afternoon of August 31, and the purpose of the
commission was carefully explained to them. Until we can report the
successful making of the treaty, which we hope to accomplish next
year, we do not think it necessary to make any further comment on
the situation at this post. A full list of the Indians was obtained
from the officer in charge of the Hudson's Bay Company's post, Mr.
George Drever. Mr. Drever has thorough command of the Cree and
Ojibeway languages, which was of great assistance to the
commissioners at Abitibi, where, owing to the fact of the Indians
belonging to the two provinces, Ontario and Quebec, it was
necessary to draw a fine distinction, and where the explanations
had to be most carefully made in order to avoid future
misunderstanding and dissatisfaction. Mr. Drever cheerfully
undertook this difficult office and performed it to our great
satisfaction.
We left Abitibi on the morning of September 1, with an excellent
crew and made Klock's depot without misadventure on Monday,
September 4. We reached Haileybury on the 6th and arrived at Ottawa
on September 9.
In conclusion we beg to give a short resume of the work done
this season. Cession was taken of the tract described in the
treaty, comprising about 90,000 square miles, and, in addition, by
the adhesion of certain Indians whose hunting grounds lie in a
northerly direction from the Albany river, which may be roughly
described as territory lying between that river and a line drawn
from the northeast angle of Treaty No. 3, along the height of land
separating the waters which flow into Hudson Bay by the Severn and
Winisk from those which flow into James Bay by the Albany and
Attawapiskat, comprising about 40,000 square miles. Gratuity was
paid altogether to 1,617 Indians, representing a total population,
when all the absentees are paid and allowance made for names not on
the list, of 2,500 approximately. Throughout all the negotiations
we carefully guarded against making any promises over and above
those written in the treaty which might afterwards cause
embarrassment to the governments concerned. No outside promises
were made, and the Indians cannot, and we confidently believe do
not, expect any other concessions than those set forth in the
documents to which they gave their adherence. It was gratifying
throughout to be met by these Indians with such a show of
cordiality and trust, and to be able fully to satisfy what they
believed to be their claims upon the governments of this country.
The treatment of the reserve question, which in this treaty was
most important, will, it is hoped, meet with approval. For the most
part the reserves were selected by the commissioners after
conference with the Indians. They have been selected in situations
which are especially advantageous to their owners, and where they
will not in any way interfere with railway development or the
future commercial interests of the country. While it is doubtful
whether the Indians will ever engage in agriculture, these
reserves, being of a reasonable size, will give a secure and
permanent interest in the land which the indeterminate possession
of a large tract could never carry. No valuable water-powers are
included within the allotments. The area set apart is,
approximately, 374 square miles in the Northwest Territories and
150 square miles in the province of Ontario. When the vast quantity
of waste and, at present, unproductive land, surrendered is
considered, these allotments must, we think, be pronounced most
reasonable.
We beg to transmit herewith copy of the original of the treaty
signed in duplicate, and schedule of reserves.
Schedule of Reserves - Treaty No. 9 -
1905
ONASBURG
In the province of Ontario, beginning at the western entrance of
the Albany river running westward a distance estimated at four
miles as far as the point known as "Sand Point" at the eastern
entrance of Pedlar's Path Bay, following the shore of this point
southwards and around it and across the narrow entrance of the bay
to a point on the eastern shore of the outlet of
Paukumjeesenaneseepee, thence due south; to comprise an area of
twenty square miles.
In the Northwest Territories, beginning at a point in the centre
of the foot of the first small bay west of the Hudson's Bay
Company's post, thence west a frontage of ten miles and north a
sufficient distance to give a total area of fifty-three square
miles.
FORT HOPE
In the Northwest Territories, beginning at Kitchesagi on the
north shore of Lake Eabamet extending eastward along the shore of
the lake ten miles, lines to be run at right angles from these
points to contain sufficient land to provide one square mile for
each family of five, upon the ascertained population of the
band.
MARTEN FALLS
In the Northwest Territories, on the Albany river, beginning at
a point one-quarter of a mile below the foot of the rapid known as
Marten Falls down stream a distance of six miles and of sufficient
depth to give an area of thirty square miles.
ENGLISH RIVER
In the province of Ontario, beginning at a point on the Kenogami
or English river, three miles below the Hudson's Bay Company's
post, known as English River post, on the east side of the river,
thence down stream two miles and with sufficient depth to give an
area of twelve square miles.
PORT ALBANY
In the Northwest Territories, beginning at the point where the
North river flows out of the main stream of the Albany, thence
north on the west side of the North river a distance of ten miles
and of sufficient depth to give an area of one hundred and forty
square miles.
MOOSE FACTORY
In the province of Ontario, beginning at a point on the east
shore of Moose river at South Bluff creek, thence south six miles
on the east shore of French river, and of sufficient depth to give
an area of sixty-six square miles.
NEW POST
In the province of Ontario, beginning at a point one mile south
of the northeast end of the eastern arm of the lake known as
Taquahtagama, or Big lake, situated about eight miles inland south
from New Post on the Abitibi river, thence in a northerly direction
about four miles, and of sufficient depth in an easterly direction
to give an area of eight square miles.
The reserves are granted with the understanding that connections
may be made for settlers' roads wherever required.
James Bay Treaty - Treaty No. 9 -
October 5, 1906
OTTAWA, October 5, 1906.
The Honourable
The Supt. General of Indian Affairs,
Ottawa.
SIR, --- The operations of the Treaty 9 commission during last
season ceased at Abitibi, as owing to the absence of the most
influential Indians interested in the proposed negotiations it was
found impossible to complete the business at that point. In
addition to the Abitibi Indians there also remained a number
comprising probably a third of the whole population of the treaty
situated at various Hudson's Bay Company's posts, north of the
height of land, and scattered along the line of the Canadian
Pacific railway as far west as Heron Bay.
Accordingly, to meet and conclude negotiations with these
Indians, the commissioners left Ottawa on May 22. Some changes in
the party had of necessity to be made. Mr. T. C. Rae, who last year
had charge of transportation, was unable to accompany the
commission. In his place Mr. Pelham Edgar, of Toronto, who acted as
secretary, was added to the party. The services of Mr. J. L.
Vanasse, Dominion police constable, were alone retained, as, owing
to promotion, Mr. Parkinson could not be detailed for the work.
With these exceptions the personnel of the party was the same as
last year.
The route to Fort Abitibi from Mattawa, which latter place was
left on the morning of May 23, was by the Canadian Pacific railway
to Timiskaming, thence by boat to New Liskeard and North
Timiskaming. A portage of 17 miles had next to be encountered
before reaching Quinze lake, the starting point by canoe for Fort
Abitibi.
Arrangements were completed on the morning of May 29 for
departure, but a violent wind-storm prevented our starting. Through
the kindness of Mr. McCaig, foreman for Mr. R. H. Klock, we were
able to leave at one o'clock in the afternoon by "alligator" boat
Trudel, for The Barrier, 10 miles distant, the first
portage north of our starting point. Here we were obliged to camp,
as the river was blocked for a considerable distance by a "drive"
of logs.
At half-past nine on the morning of the 30th the "drive" was all
through and we were able to leave for the post, which was reached
at three in the afternoon of June 4.
A majority of the Indians had arrived, but there were a number
reported to be on the way who were expected within a day or two. It
was thought advisable to wait for them, the interval being utilized
by the commissioners in preparing the pay-lists, and by the doctor
in giving medical advice to those requiring it.
On June 7, the looked-for Indians having arrived, a meeting was
called for the afternoon of that day. Some difficulty was
anticipated in negotiating the treaty at Abitibi owing to the
peculiar position of the Indians who trade at that post. The post
is situated a few miles within the province of Quebec, and the
majority of the Indians who trade there belong to that province. It
was natural for the Indians to conclude that, as it was the
Dominion government and not the provincial government that was
negotiating the treaty, no distinction would be made between those
hunting in Ontario and those hunting in Quebec. The commissioners
had, however, to state that they had no authority to treat with the
Quebec Indians, and that the conference in regard to the treaty
could only be held with those whose hunting grounds are in the
province of Ontario. The Quebec Indians were, however, given to
understand that a conference would be held with them later, and
that upon their signifying where they desired to have a reserve set
apart for them, the government would undertake to secure, if
possible, the land required by them at the place designated.
The policy of the province of Ontario has differed very widely
from that of Quebec in the matter of the lands occupied by the
Indians.
In Ontario, formerly Upper Canada, the rule laid down by the
British government from the earliest occupancy of the country has
been followed, which recognizes the title of the Indians to the
lands occupied by them as their hunting grounds, and their right to
compensation for such portions as have from time to time been
surrendered by them. In addition to an annual payment in
perpetuity, care has also been taken to set apart reservations for
the exclusive use of the Indians, of sufficient extent to meet
their present and future requirements.
Quebec, formerly Lower Canada, on the other hand, has followed
the French policy, which did not admit the claims of the Indians to
the lands in the province, but they were held to be the property of
the Crown by right of discovery and conquest. Surrenders have not,
therefore, been taken from the Indians by the Crown of the lands
occupied by them.
The reserves occupied by the Indians within the province of
Quebec are those granted by private individuals, or lands granted
to religious corporations in trust for certain bands. In addition,
land to the extent of 230,000 acres was set apart and appropriated
in different parts of Lower Canada under 14 and 15 Vic., chap. 106,
for the benefit of different tribes.
Several reserves have also been purchased by the Federal
government for certain bands desiring to locate in the districts
where the purchases were made.
The conference with the Ontario Indians proved to be highly
satisfactory. When the terms of the treaty were fully explained to
them through Mr. George Drever, who has a mastery of several Indian
dialects, Louis McDougall, Jr., one of the principal men of the
band, stated that they were satisfied with the conditions offered
and were willing to faithfully carry out the provisions of the
treaty. They would also rely upon the government keeping its
promises to them. The band hoped that the reserve to be set apart
for them would include as great an extent of lake frontage as
possible. The other Indians being asked whether they were all of
like mind with the spokesman in regard to the treaty, replied that
they were, and that they were willing that representatives of the
band should sign for them at once. The treaty was accordingly
signed by the commissioners and representative Indians, as well as
by several witnesses who were present at the conference.
In the forenoon of June 8, payments of annuities were made with
great care, in order that only those Indians whose hunting grounds
are in Ontario should have their names placed on the list. The
commissioners are satisfied that in the performance of this duty
they were successful.
In the afternoon an election of a chief and councillors was
held, which resulted in Louis McDougall, Jr., being chosen as chief
and Michel Penatouche and Andrew McDougall as councillors.
A conference was also held with representative Indians regarding
the reserves desired by the band. The conclusion arrived at will be
seen by reference to the schedule of reserves attached. After due
deliberation the Quebec Indians decided upon the location of their
reserve.
The usual feast was held, at which the presentation of a flag
and a copy of the treaty took place.
The commissioners and the medical officer having concluded their
duties, we left on the morning of June 9 for Quinze lake, which
place was reached on the evening of the 12th.
On the morning of the 13th the long and difficult portage
between Quinze lake and North Timiskaming was crossed, and at the
latter place the boat was taken for Haileybury. Latchford was
reached by the Timiskaming and Northern Ontario railway on the
afternoon of the 14th. The crew, consisting of five men from
Temagami and a number of Indians from Matachewan post, including
Michel Baptiste, who was afterwards elected chief, assembled late
in the afternoon, and on the morning of the 15th we left by way of
Montreal river for Matachewan. The post at Matachewan was reached
on the afternoon of June 19, after a difficult journey owing to the
numerous rapids in the river and the height of the water.
Matachewan is beautifully situated at a point on the Montreal river
upon high grounds; the lofty shores of the stream are thickly
wooded.
A conference was held with the Indians on the afternoon of the
20th. As usual, the terms of the treaty were fully explained, and
an opportunity given the Indians to ask any questions regarding any
matter on which further information was desired. Michel Baptiste,
on behalf of the Indians, said that the terms of the treaty were
very satisfactory to them, and that they were ready to have
representatives of the band sign at once. The treaty was therefore
signed and witnessed with all due formality.
Payments were made on the 21st to the 79 Indians. The election
for a chief resulted in Michel Baptiste being chosen for that
position, and at the feast in the evening he was presented with a
flag and a copy of the treaty.
The location of the reserve desired by the Indians received
careful consideration, and no objection can, it is thought, be
taken to the site finally decided upon.
Arrangements have been made for leaving Matachewan early in the
morning of the 23rd, but a heavy rain-storm prevented our doing so
before half-past four in the afternoon.
The return trip was made by way of Montreal river, Lady Evelyn
lake and Lake Temagami to Temagami station. From the latter place
we proceeded by train to Biscotasing, our point of departure both
for Fort Mattagami and Flying Post. At Biscotasing we also expected
to meet a number of Indians belonging to Treaty No. 9, who reside
in the vicinity of that place during the summer months.
Biscotasing was reached at twenty minutes past four on the
afternoon of Saturday, June 30, and the commissioners were obliged
to remain there awaiting the men from Mattagami who were to bring
them by canoe to that place, and who did not arrive until the
evening of July 3.
We left for Mattagami on the morning of July 4. The Fort was
reached about ten on the morning of July 7, when a cordial welcome
was given us by Mr. Joseph Miller, who is in charge of that post.
We also met at the post Dr. W. Goldie and his brother, of Toronto,
who were spending their holidays at that place.
Dr. Goldie had been giving the Indians free medical attendance
as far as the medicine he had with him permitted, and he also
offered his services in association with Dr. Meindl during our stay
at the post. Here we also met Mr. Kenneth G. Ross, chief forest
ranger for the district, and several of his assistant, who had come
to the post owing to the Indians employed by them desiring to be
present at the treaty.
The Indians treated with at Mattagami were well dressed, and
appeared to be living comfortably. A degree of unusual cleanliness
was to be observed in their surrounding and habits. They gave a
cheerful hearing to the terms of the proposed treaty, which was
fully explained to them through Mr. Miller, who acted as
interpreter. They, like the other Indians visited, were given an
opportunity to ask any questions or to make any remarks they might
desire with reference to the propositions made to them.
The Indians held a short conversation among themselves, and then
announcement through Joseph Shemeket, one of their number, that
they were fully satisfied with the terms of the treaty, and were
prepared to have it signed by representatives of the band. The
treaty was, therefore, at once signed and witnessed. Payments were
begun and concluded in the afternoon, and preparations made for the
feast. An election for chief was also held, resulting in Andrew
Luke being chosen for that position, to whom a flag and a copy of
the treaty were presented in the presence of the band.
It is considered by the commissioners that the reserve selected,
as shown by the schedule of reserves, should meet with
approval.
Mattagami was left on the morning of July 9, and Biscotasing
reached on the evening of the 11th. The party left on the afternoon
of the 12th for Flying Post and arrived there about eleven on the
morning of the 15th (Sunday). The Indians at Flying Post, although
small of stature, are lively and energetic, and the journey from
Biscotasing to Flying Post and return was rendered enjoyable by the
cheerfulness with which they undertook all tasks, and the quickness
with which they accomplished the journey. The Indians were
assembled on the morning of the 16th, and the terms of the treaty
were fully explained through Mr. A. J. McLeod, Hudson's Bay
Company's officer, who acted as interpreter. Isaac, one of the
leading Indians, speaking for the band, said that they thankfully
accepted the benefits offered by the treaty and were willing to
observe its provisions. The treaty was, therefore, duly signed and
witnesses. The Indians also signified their desire regarding the
position of the reserve to be allotted to them, and their choice,
as indicated in the schedule is recommended for approval. Albert
Black Ice was unanimously elected as chief of the band, and at the
feast which was held in the evening, the usual presentation of a
flag and a copy of the treaty was made. The return journey to
Biscotasing was begun on the morning of July 17, and that place was
reached on the afternoon of the l9th. On the morning of the 20th
payments were made to the Indians of Flying Post and Mattagami
residing at Biscotasing.
The work of the commission was facilitated by the assistance of
Mr. J. E. T. Armstrong, who is in charge of the Hudson's Bay
Company's store at that place, and who is thoroughly familiar with
the Indians. The considerable Indian population at this point is
made up of stragglers from the Spanish River band of the Robinson
Treaty, and from Flying Post and Mattagami. They make their living
by acting as guides and canoeists for sportsmen, and occasionally
work in the mills. Their children have the advantage of attendance
at a day school to which the department has been able to give some
financial assistance, and also the benefit of mingling on terms of
educational equality with white children.
We left for Chapleau about a quarter-past four in the afternoon,
and arrived about seven in the evening. Here we were met by the
Right Rev. George Holmes, Bishop of Moosonee, and Rev. C. Banting,
who aided us in every way possible in the discharge of our duties
at Chapleau. Mr. J . M. Austin, who has had long experience with
the Indians of that place, also gave us valuable assistance.
It was not necessary to make treaty with the Indians of
Chapleau, as they belong to bands residing at Moose Factory,
English River, and other points where treaty had already been made.
They were, however, recognized as members of the bands to which
they belong, and were paid the gratuity due them, after being
informed as to what the acceptance of the money by them
involved.
Reference to the schedule of reserves will show that small areas
are recommended for the Ojibeways and Crees at this point. Large
reserves having been set apart for the bands to which they belong
at other points in the province, it is only thought advisable and
necessary to give them a sufficient area upon which to build their
small houses and cultivate garden plots. The Ojibeway reserve is
contiguous to the land purchased by the Robinson treaty Indians,
which has already been considerably improved.
Payments having been completed at Chapleau, the party left on
the evening of the 22nd for Missinaibi and arrived at that station
at eight in the evening. This place is of considerable local
importance as being the point of departure of one of the main
routes to Moose Factory and James Bay by way of Missinaibi river.
There is also direct water communication with Michipicoten on lake
Superior.
Bishop Holmes, with Rev. Mr. Ovens and his wife and two lady
missionaries, who had expected toaccompany us as far as New
Brunswick House, on their way to Moose Factory, arrived at
Missinaibi on the morning of July 23. Their crew had, however, been
awaiting them for several days and they were, therefore, able to
leave at once for their destinations. Our crew, with a canoe from
New Brunswick House, did not reach Missinaibi until the evening of
the 23rd, and our departure was thus delayed until the morning of
the 24th.
New Brunswick House was reached on the afternoon of the 25th,
where we found the bishop and his party, who had only arrived a few
hours before us. This post is situated at the northern end of the
beautiful Missinaibi lake, and the outlook from the post is
delightful.
The Indians were assembled in the evening and the terms of the
treaty explained to them. On being asked whether they had any
questions to ask or any remarks to make, they replied, through Mr.
J. G. Christie, Hudson's Bay Company's officer, that they were
perfectly satisfied with what they were to receive under the
treaty, and were willing to sign at once. The signatures of the
commissioners and of five of the leading men were, therefore,
affixed to the treaty, as well as that of six witnesses. Payments
were made on the 25th to about 100 Indians. Alex. Peeketay was
chosen by the Indians for the position of chief, and he was
presented with a flag and a copy of the treaty at the feast held on
the evening of the 26th. A conference regarding the reserve to be
set apart was also held. The decision arrived at in regard to this
matter will be seen by reference to the schedule attached.
Our duties, as well as those of the doctor, being concluded, we
left on the morning of the 28th for Missinaibi, and arrived at that
place on the afternoon of the 29th.
Payments were made on the 30th to ninety-eight Moose Factory
Indians who live at Missinaibi.
We left on the 31st for Heron Bay, our point of departure for
Long Lake, and arrived at the former place at half-past twelve in
the afternoon. Arrangements for canoes were not completed until the
afternoon of the following day, so that it was not until a quarter
to five that we were able to leave for the last post to be visited
by us.
The route to Long Lake is at all times a rather difficult one,
but was more than ordinarily so this season owing to the water in
the Pic river being unusually low. The post was reached on the
morning of the 8th. We were accompanied on this trip by Mr. H. A.
Tremayne, District Inspector, Hudson's Bay Company, and his wife
and young daughter.
A conference was held with the Indians on August 9, and their
adhesion to treaty obtained.
Peter Taylor, speaking for the Indians, said they were perfectly
satisfied with the terms of the treaty, and much pleased that they
were to receive annuity like their brethren of the Robinson Treaty,
and also that they were to be granted land which they could feel
was their own. Payments were made to 135 Indians. The question of a
reserve was carefully gone into, and the commissioners have no
hesitation in recommending the confirmation of the site chosen.
The Indians of Treaty 9 stated that they desired to have
Newatchkigigswabe, the Robinson Treaty chief, recognized as their
chief also, as he had been recognized by them in the past. This was
agreed to, and at the feast held on the evening of August 9 the
usual presentation of a flag and a copy of the treaty was made. At
the conclusion of the feast the chief spoke, thanking the
government for what had been done for the Indians of Long Lake. He
said that the Indians who had been receiving annuity money for
years were glad that their brethren were now placed on an equal
footing with them. He hoped that provision would be made for their
sick and destitute, as even in the best seasons the Indians found
it very difficult to do more than make a living, and were able to
do very little towards assisting one another. In reply, the chief
was informed that the government was always ready to assist those
actually requiring help, but that the Indians must rely as much as
possible upon their own exertions for their support.
The return journey was begun on the afternoon of August 10, and
Heron Bay was reached on the evening of the 14th. At this place we
concluded our duties in connection with the making of the treaty by
paying English River Indians, now residing at Montizambert.
The commissioners have pleasure in referring to the evident
desire of the Indians at all points visited to display their
loyalty to the government, by the reception given to the
commissioners, and also by their recognition of the benefits
conferred upon them by the treaty.
We desire also to acknowledge the kind attention paid to us and
the assistance given by the officers of the Hudson's Bay Company
and Revillon Frères.
Nine hundred and fifteen Indians were paid at the points
mentioned. Inspector J. G. Ramsden, who visited the Indians who
joined treaty in the summer of 1905, paid 2,047. The population of
the whole treaty may, therefore, be placed at 3,000
approximately.
Attached to this report will be found a copy of the treaty with
signatures as completed, and schedule of reserves.
Schedule of Reserves - Treaty No. 9 -
1906
ABITIBI
In the province of Ontario, beginning at a point on the south
shore of Abitibi lake, at the eastern boundary of the township of
Milligan projected, thence east following the lake shore to the
outlet of Kaquaquakechewaig (Current-running-both-ways) creek, and
of sufficient depth between the said creek and the eastern
boundaries of the townships of Milligan and McCool to give an area
of thirty square miles.
MATACHEWAN
In the province of Ontario, inland and north from Fort
Matachewan, beginning at the creek connecting a small lagoon with
the northwest shore of Turtle lake, thence south on the west shore
of said lake a sufficient distance to give an area of sixteen
square miles.
MATTAGAMI
In the province of Ontario, on the west side of Mattagami lake,
three-quarters of a mile north of a point opposite the Hudson's Bay
Company's post, thence north following the lake front a distance of
four miles, and of sufficient depth to give an area of twenty
square miles.
FLYING POST
In the province of Ontario, commencing at a point half a mile
south of Six-mile rapids, on the east side of Ground Hog river,
thence south a distance of four miles, and of sufficient depth to
give an area of twenty-three square miles.
OJIBEWAYS -- CHAPLEAU
In the province of Ontario, one hundred and sixty acres abutting
and south of the reserve sold to the Robinson Treaty Indians, one
mile below the town of Chapleau.
MOOSE FACTORY CREES -- CHAPLEAU
In the province of Ontario, one hundred and sixty acres fronting
Kerebesquashesing river.
NEW BRUNSWICK HOUSE
In the province of Ontario, beginning at the entrance to an
unnamed creek on the west shore of Missinaibi river, about half a
mile southwest of the Hudson's Bay Company's post, thence north
four miles, and of sufficient depth to give an area of twenty-seven
square miles.
LONG LAKE
In the province of Ontario, beginning at a point where the
"Suicide" or Little Albany river enters Long lake, thence in a
southerly direction four miles, following the lake frontage, of a
sufficient depth to give an area of twenty-seven square miles.
The reserves are granted with the understanding that connections
may be made for settlers' roads wherever required.
James Bay Treaty - Treaty No. 9 -
Articles
ARTICLES OF A TREATY made and concluded at the several dates
mentioned therein, in the year of Our Lord one thousand and nine
hundred and five, between His Most Gracious Majesty the King of
Great Britain and Ireland, by His Commissioners, Duncan Campbell
Scott, of Ottawa, Ontario, Esquire, and Samuel Stewart, of Ottawa,
Ontario, Esquire; and Daniel George MacMartin, of Perth, Ontario,
Esquire, representing the province of Ontario, of the one part; and
the Ojibeway, Cree and other Indians, inhabitants of the territory
within the limits hereinafter defined and described, by their
chiefs, and headmen hereunto subscribed, of the other part: --
Whereas, the Indians inhabiting the territory hereinafter
defined have been convened to meet a commission representing His
Majesty's government of the Dominion of Canada at certain places in
the said territory in this present year of 1905, to deliberate upon
certain matters of interest to His Most Gracious Majesty, of the
one part, and the said Indians of the other.
And, whereas, the said Indians have been notified and informed
by His Majesty's said commission that it is His desire to open for
settlement, immigration, trade, travel, mining, lumbering, and such
other purposes as to His Majesty may seem meet, a tract of country,
bounded and described as hereinafter mentioned, and to obtain the
consent thereto of His Indian subjects inhabiting the said tract,
and to make a treaty and arrange with them, so that there may be
peace and good-will between them and His Majesty's other subjects,
and that His Indian people may know and be assured of what
allowances they are to count upon and receive from His Majesty's
bounty and benevolence.
And whereas, the Indians of the said tract, duly convened in
council at the respective points named hereunder, and being
requested by His Majesty's commissioners to name certain chiefs and
headmen who should be authorized on their behalf to conduct such
negotiations and sign any treaty to be found thereon, and to become
responsible to His Majesty for the faithful performance by their
respective bands of such obligations as shall be assumed by them,
the said Indians have therefore acknowledged for that purpose the
several chiefs and headmen who have subscribed hereto.
And whereas, the said commissioners have proceeded to negotiate
a treaty with the Ojibeway, Cree and other Indians, inhabiting the
district hereinafter defined and described, and the same has been
agreed upon, and concluded by the respective bands at the dates
mentioned hereunder, the said Indians do hereby cede, release,
surrender and yield up to the government of the Dominion of Canada,
for His Majesty the King and His successors for ever, all their
rights titles and privileges whatsoever, to the lands included
within the following limits, that is to say: That portion or tract
of land lying and being in the province of Ontario, bounded on the
south by the height of land and the northern boundaries of the
territory ceded by the Robinson-Superior Treaty of 1850, and the
Robinson-Huron Treaty of 1850, and bounded on the east and north by
the boundaries of the said province of Ontario as defined by law,
and on the west by a part of the eastern boundary of the territory
ceded by the Northwest Angle Treaty No. 3; the said land containing
an area of ninety thousand square miles, more or less.
And also, the said Indian rights, titles and privileges
whatsoever to all other lands wherever situated in Ontario, Quebec,
Manitoba, the District of Keewatin, or in any other portion of the
Dominion of Canada.
To have and to hold the same to His Majesty the King and His
successors for ever.
And His Majesty the King hereby agrees with the said Indians
that they shall have the right to pursue their usual vocations of
hunting, trapping and fishing throughout the tract surrendered as
heretofore described, subject to such regulations as may from time
to time be made by the government of the country, acting under the
authority of His Majesty, and saving and excepting such tracts as
may be required or taken up from time to time for settlement,
mining, lumbering, trading or other purposes.
And His Majesty the King hereby agrees and undertakes to lay
aside reserves for each band, the same not to exceed in all one
square mile for each family of five, or in that proportion for
larger and smaller families; and the location of the said reserves
having been arranged between His Majesty's commissioners and the
chiefs and headmen, as described in the schedule of reserves hereto
attached, the boundaries thereof to be hereafter surveyed and
defined, the said reserves when confirmed shall be held and
administered by His Majesty for the benefit of the Indians free of
all claims, liens, or trusts by Ontario.
Provided, however, that His Majesty reserves the right to deal
with any settlers within the bounds of any lands reserved for any
band as He may see fit; and also that the aforesaid reserves of
land, or any interest therein, may be sold or otherwise disposed of
by His Majesty's government for the use and benefit of the said
Indians entitled thereto, with their consent first had and
obtained; but in no wise shall the said Indians, or any of them, be
entitled to sell or otherwise alienate any of the lands allotted to
them as reserves.
It is further agreed between His said Majesty and His Indian
subjects that such portions of the reserves and lands above
indicated as may at any time be required for public works,
buildings, railways, or roads of whatsoever nature may be
appropriated for that purpose by His Majesty's government of the
Dominion of Canada, due compensation being made to the Indians for
the value of improvements thereon, and an equivalent in land, money
or other consideration for the area of the reserve so
appropriated.
And with a view to show the satisfaction of His Majesty with the
behaviour and good conduct of His Indians, and in extinguishment of
all their past claims, He hereby, through His commissioners, agrees
to make each Indian a present of eight dollars in cash.
His Majesty also agrees that next year, and annually afterwards
for ever, He will cause to be paid to the said Indians in cash, at
suitable places and dates, of which the said Indians shall be duly
notified, four dollars, the same, unless there be some exceptional
reason, to be paid only to the heads of families for those
belonging thereto.
Further, His Majesty agrees that each chief, after signing the
treaty, shall receive a suitable flag and a copy of this treaty to
be for the use of his band.
Further, His Majesty agrees to pay such salaries of teachers to
instruct the children of said Indians, and also to provide such
school buildings and educational equipment as may seem advisable to
His Majesty's government of Canada.
And the undersigned Ojibeway, Cree and other chiefs and headmen,
on their own behalf and on behalf of all the Indians whom they
represent, do hereby solemnly promise and engage to strictly
observe this treaty, and also to conduct and behave themselves as
good and loyal subjects of His Majesty the King.
They promise and engage that they will, in all respects, obey
and abide by the law; that they will maintain peace between each
other and between themselves and other tribes of Indians, and
between themselves and others of His Majesty's subjects, whether
Indians, half-breeds or whites, this year inhabiting and hereafter
to inhabit any part of the said ceded territory; and that they will
not molest the person or property of any inhabitant of such ceded
tract, or of any other district or country, or interfere with or
trouble any person passing or travelling through the said tract, or
any part thereof, and that they will assist the officers of His
Majesty in bringing to justice and punishment any Indian offending
against the stipulations of this treaty, or infringing the law in
force in the country so ceded.
And it is further understood that this treaty is made and
entered into subject to an agreement dated the third day of July,
nineteen hundred and five, between the Dominion of Canada and
Province of Ontario, which is hereto attached.
In witness whereof, His Majesty's said commissioners and the
said chiefs and headmen have hereunto set their hands at the places
and times set forth in the year herein first above written.
Signed at Osnaburg on the twelfth day of July, 1905, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Fort Hope on the nineteenth day of July, 1905, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Marten Falls on the twenty-fifth day of July, 1905, by
His Majesty's commissioners and the chief and headmen in the
presence of the undersigned witnesses, after having been first
interpreted and explained.
Witnesses:
Signed at Fort Albany on the third day of August, 1905, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Moose Factory on the ninth day of August, 1905, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at New Post on the twenty-first day of August, 1905, by
His Majesty's commissioners and the chiefs and headmen in the
presence of the undersigned witnesses, after having been first
interpreted and explained
Witnesses:
Signed at Abitibi on the seventh day of June, 1906, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Matachewan on the twentieth day of June, 1906, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Mattagami on the seventh day of July, 1906, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at Flying Post on the sixteenth day of July, 1906, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Signed at New Brunswick House on the twenty-fifth day of July,
1906, by His Majesty's commissioners and the chiefs and headmen in
the presence of the undersigned witnesses, after having been first
interpreted and explained.
Witnesses:
Signed at Long Lake on the ninth day of August, 1906, by His
Majesty's commissioners and the chiefs and headmen in the presence
of the undersigned witnesses, after having been first interpreted
and explained.
Witnesses:
Agreement Between the Dominion of
Canada and the Province of Ontario
THIS AGREEMENT made on the third day of July, in the year of Our
Lord, 1905, between
The Honourable Frank Oliver, Superintendent General of Indian
Affairs, on behalf of the government of Canada
Of the one part:
And
The Honourable Francis Cochrane, Minister of Lands and Mines of
the province of Ontario, on behalf of the government of
Ontario.
On the other part.
Whereas, His Most Gracious Majesty the King of Great Britain and
Ireland is about to negotiate a treaty with the Ojibeway and other
Indians inhabitants of the territory within the limits hereinafter
defined and described by their chiefs and headmen for the purpose
of opening for settlement, immigration, trade, travel, mining and
lumbering, and for such other purposes as to His Majesty may seem
meet, a tract of country bounded and described as hereinafter
mentioned, and of obtaining the consent thereto of His Indian
subjects inhabiting the said tract, and of arranging with them for
the cession of the Indian rights, titles and privileges to be
ceded, released, surrendered and yielded up to His Majesty the King
and His successors for ever, so that there may be, peace and
good-will between them and His Majesty's other subjects, and that
His Indian people may know and be assured of what allowances they
are to count upon and receive from His Majesty's bounty and
benevolence, which said territory may be described and defined as
follows, that is to say, all that portion or tract of land lying
and being in the province of Ontario, bounded on the south side by
the height of land and the northern boundaries of the territory
ceded by the Robinson-Superior Treaty of 1850, and the
Robinson-Huron Treaty of 1850, and bounded on the east and north by
the boundaries of the said province of Ontario as defined by law,
and on the west by a part of the eastern boundary of the territory
ceded by the Northwest Angle Treaty No. 3; the said land containing
an area of ninety thousand square miles, more or less, said treaty
to release and surrender also all Indian rights and privileges
whatsoever of the said Indians to all or any other lands wherever
situated in Ontario, Quebec, Manitoba, or the district of Keewatin,
or in any other portion of the Dominion of Canada.
And whereas, by the agreement made the 16th day of April, 1894,
entered into between the government of the Dominion of Canada,
represented by the Honourable T. Mayne Daly, and the government of
the province of Ontario, represented by the Honourable John M.
Gibson, in pursuance of the statute of Canada passed in the
fifty-fourth and fifty-fifth years of Her Majesty's reign,
chaptered five and intituled, "An Act for the settlement of certain
questions between the governments of Canada and Ontario respecting
Indian lands," and the statute of Ontario passed in the
fifty-fourth year of Her Majesty's reign, chaptered three, and
entitled, "An Act for the settlement of certain questions between
the governments of Canada and Ontario respecting Indian lands," and
by the sixth clause of the said agreement it is provided, "That any
future treaties with the Indians in respect of territory in Ontario
to which they have not before the passing of the said statutes
surrendered their claim aforesaid, shall be deemed to require the
concurrence of the government of Ontario," and by the said intended
treaty it is signified and declared that His Majesty show his
satisfaction with the behaviour and good conduct of His Indian
subjects, and in extinguishment of all their past claims through
His commissioners, will make to each Indian a present of eight
dollars in cash, and will also next year and annually afterwards
for ever cause to be paid to each of the said Indians in cash, at
suitable places and dates, of which the said Indians shall be duly
notified, the sum of four dollars, and that unless there be some
exceptional reason, such sums will be paid only to heads of
families for those belonging thereto.
It is therefore agreed by and between the governments of Canada
and of Ontario as aforesaid, as follows: --
That, subject to the provisions contained in the hereinbefore
recited agreement of 16th April, 1894, and also the agreement made
on 7th July, 1902, by counsel on behalf of the governments of the
Dominion and Ontario, intervening parties, upon the appeal to the
Judicial Committee of the Privy Council in the suit of the Ontario
Mining Company v. Seybold et al. (Ont. S.P., 1904, No. 93), a copy
whereof is hereto attached; and the surrender of the Indian title
within Ontario to the entire territory herein defined and
described, duly obtained, --
The government of the province of Ontario hereby gives consent
and upon the following conditions concurs in the terms proposed to
be entered into, made and agreed by the said treaty, in so far that
the said government of Ontario, on and after the payment to the
Indians of the above mentioned present of eight dollars, and
thereafter the payment annually of four dollars to each Indian, for
ever, as above specified, promises and agrees to pay the said sums
to the government of Canada, upon request when and as the same are
paid to the Indians, upon proof, when required, of such payment --
such payments to be free from any expenses at the cost of Ontario
attendant upon distribution of the said sums of money.
And the government of Ontario, subject to the conditions,
aforesaid, further concurs in the setting apart and location of
reserves within any part of the said territory, as surrendered or
intended to be surrendered, in area not greater than one square
mile for each family of five, or in like proportion, at points to
be chosen by the commissioners negotiating the said treaty, one of
the said commissioners to be appointed by the Lieutenant Governor
of Ontario in Council, and the selection of the said reserves to be
subject to the approval of the Lieutenant Governor in Council.
And the government of Ontario stipulates no part of the expense
of survey and location of the said reserves to be at any time at
the cost of the government of Ontario.
And further, that no site suitable for the development of
water-power exceeding 500 horse-power shall be included within the
boundaries of any reserve.
It is also agreed between the parties hereto that no part of the
cost of negotiating the said treaty is to be borne by the province
of Ontario.
In witness whereof, these presents have been signed and sealed
on behalf of the government of Canada by the Honourable Frank
Oliver, Superintendent General of Indian Affairs, and on behalf of
the government of Ontario by the Honourable Francis Cochrane,
Minister of Lands and Mines.
Signed,
sealed and delivered by the Honourable Frank Oliver, in presence
of FRANK PEDLEY, and by the Honourable FRANCIS COCHRANE in the
presence of GEO. W. YATES.
FRANK OLIVER.
F. COCHRANE.
Agreement between counsel on behalf of the Dominion and Ontario,
intervening parties upon the appeal to the Judicial Committee of
the Privy Council in Ontario Mining Company vs. Seybold et al.
As to all treaty Indian reserves in Ontario (including those in
the territory covered by the Northwest Angle Treaty, which are or
shall be duly established pursuant to the statutory agreement of
one thousand eight hundred and ninety-four), and which have been or
shall be duly surrendered by the Indians to sell or lease for their
benefit, Ontario agrees to confirm the titles heretofore made by
the Dominion, and that the Dominion shall have full power and
authority to sell or lease and convey title in fee simple or for
any less estate.
The Dominion agrees to hold the proceeds of such lands when or
so far as they have been converted into money upon the extinction
of the Indian interest therein, subject to such rights of Ontario
thereto as may exist by law.
As to the reserves in the territory covered by the Northwest
Angle Treaty which may be duly established as aforesaid, Ontario
agrees that the precious metals shall be considered to form part of
the reserves and may be disposed by the Dominion for the benefit of
the Indians to the same extent and subject to the same undertaking
as to the proceeds as heretofore agreed with regard to the lands in
such reserves.
The question as to whether other reserves in Ontario include
precious metals to depend upon the instruments and circumstances
and law affecting each case respectively.
Nothing is hereby conceded by either party with regard to the
constitutional or legal rights of the Dominion or Ontario as to the
sale or title to Indian reserves or precious metals, or as to any
of the contentions submitted by the cases of either government
herein, but it is intended that as a matter of policy and
convenience the reserves may be administered as hereinbefore
agreed.
Nothing herein contained shall be considered as binding Ontario
to confirm the titles heretobefore made by the Dominion to portions
of Reserve 38B already granted by Ontario as appearing in the
proceedings.
(Sgd.)
E. L. NEWCOMBE, for the Dominion.
(Sgd.)
EDWARD BLAKE, for Ontario.
Dated 7th July, 1902.
Department of Attorney General,
Toronto
Copy of an Order in Council approved by His Honour the
Lieutenant Governor, the 13th day of February, A.D. 1907.
Upon consideration of the report of the Honourable the Minister
of Lands, Forests and Mines, dated 11th February, 1907, the
Committee of Council advise that Your Honour may be pleased to
ratify so far as may be necessary the treaty entitled the James Bay
Treaty No. 9, made by the Commissioners, Messrs. Duncan Campbell
Scott, Samuel Stewart and Daniel George MacMartin, who were
appointed to negotiate with the Ojibeway, Cree and other Indians
inhabiting the territory hereinafter defined for the cession by the
said Indians to the Crown on the terms embodied in the treaty, all
their rights, titles and privileges to the land included in the
said territory, the limits of which may be described as follows:
That portion or tract of land lying and being in the province of
Ontario bounded on the south by the height of land and the northern
boundary of the territory ceded by the Robinson Superior Treaty of
1850, and the Robinson Huron Treaty of 1850, and bounded on the
east and north by the boundaries of the said province of Ontario as
defined by law and on the west by a part of the eastern boundary of
the territory ceded by the Northwest Angle Treaty No. 3.
The committee further advise that Your Honour may be pleased to
approve and confirm the selection of the following reserves
described in the schedule attached to the report of the said
commissioners, dated 6th November, 1905, and in the schedule of
reserves Treaty No. 9, 1906, it being clearly understood that the
government of the Dominion shall be responsible for the survey of
the said reserves and that plans and field notes of the said
reserves shall be deposited in the office of the Minister of Lands,
Forests and Mines when such surveys have been made.
Osnaburg, an area of 20 square miles.
English River, an area of 12 square miles.
Moose Factory, an area of 66 square miles.
New Post, an area of 8 square miles.
Abitibi, an area of 30 square miles.
Matachewan, an area of 16 square miles.
Metagami, an area of 20 square miles.
Flying Post, an area of 23 square miles.
Ojibeways, at Chapleau, 160 acres.
Moose Factory Crees, at Chapleau, 160 acres.
New Brunswick House, an area of 27 square miles.
Long Lake, an area of 27 square miles.
Certified
J. LONSDALE CAPREOL,
Clerk, Executive Council.
P.C. 2547
Certified to be a true copy of a Minute of a
Meeting of the Committee
of the Privy Council, approved by His Excellency the Governor
General on the 5th November, 1930.
The Committee of the Privy Council, on the recommendation of the
Superintendent General of Indian Affairs, submit for Your
Excellency's ratification and confirmation the annexed instrument
containing the adhesion to James Bay Treaty Number Nine of the
Ojibeway Indians and other Indians in Northern Ontario, taken at
Trout Lake on the 5th day of July, 1929; at Windigo River on the
18th day of July, 1930; at Fort Severn on the 25th day of July,
1930; at Winisk on the 28th day of July, 1930, by Mr. Walter
Charles Cain and Mr. Herbert Nathaniel Awrey, who were appointed by
Order in Council P.C. 921, 30th May, 1929, as His Majesty's
Commissioners to take the said adhesion.
E. J. LEMAIRE,
Clerk of the Privy Council
The Honourable
The Superintendent General of Indian Affairs.
Adhesions to Treaty Number Nine
WHEREAS His Most Gracious Majesty George V, by the Grace of God
of Great Britain, Ireland and the British Dominions beyond the
Seas, King, Defender of the Faith, Emperor of India, has been
pleased to extend the provisions of the Treaty known as The James
Bay Treaty or Treaty Number Nine, of which a true copy is hereto
annexed, to the Indians inhabiting the hereinafter described
territory adjacent to the territory described in the said Treaty,
in consideration of the said Indians agreeing to surrender and
yield up to His Majesty all their rights, titles and privileges to
the hereinafter described territory.
AND WHEREAS we, the Ojibeway, Cree and all other Indians
inhabiting the hereinafter described Territory, having had
communication of the foregoing Treaty and of the intention of His
Most Gracious Majesty to extend its provisions to us, through His
Majesty's Commissioners, Walter Charles Cain, B.A., of the City of
Toronto, and Herbert Nathaniel Awrey, of the City of Ottawa, have
agreed to surrender and yield up to His Majesty all our rights,
titles and privileges to the said territory.
NOW THEREFORE we, the said Ojibeway, Cree and other Indian
inhabitants, in consideration of the provisions of the said
foregoing Treaty being extended to us, do hereby cede, release,
surrender and yield up to the Government of the Dominion of Canada
for His Majesty the King and His Successors forever, all our
rights, titles and privileges whatsoever in all that tract of land,
and land covered by water in the Province of Ontario, comprising
part of the District of Kenora (Patricia Portion) containing one
hundred and twenty-eight thousand three hundred and twenty square
miles, more or less, being bounded on the South by the Northerly
limit of Treaty Number Nine; on the West by Easterly limits of
Treaties Numbers Three and Five, and the boundary between the
Provinces of Ontario and Manitoba; on the North by the waters of
Hudson Bay, and on the East by the waters of James Bay and
including all islands, islets and rocks, waters and land covered by
water within the said limits, and also all the said Indian rights,
titles and privileges whatsoever to all other lands and lands
covered by water, wherever situated in the Dominion of Canada.
TO HAVE AND TO HOLD the same to His Majesty the King and His
Successors forever.
AND we, the said Ojibeway, Cree and other Indian inhabitants,
represented herein by our Chiefs and Councillors presented as such
by the Bands, do hereby agree to accept the several provisions,
payments and other benefits, as stated in the said Treaty, and
solemnly promise and engage to abide by, carry out and fulfil all
the stipulations, obligations and conditions therein on the part of
the said Chiefs and Indians therein named, to be observed and
performed, and in all things to conform to the articles of the said
Treaty as if we ourselves had been originally contracting parties
thereto.
AND HIS MAJESTY through His said Commissioners agrees and
undertakes to set side reserves for each band as provided by the
said aforementioned Treaty, at such places or locations as may be
arranged between the said Commissioners and the Chiefs and headmen
of each Band
IN WITNESSES WHEREOF, His Majesty's said Commissioners and the
said Chiefs and headmen have hereunto subscribed their names at the
places and times hereinafter set forth.
SIGNED at Trout Lake, on the Fifth day of July, 1929, by His
Majesty's Commissioners and the Chief and headmen in the presence
of the undersigned witnesses after having been first interpreted
and explained.
Witnesses:
SIGNED at Windigo River on the Eighteenth day of July, 1930, by
His Majesty's Commissioners and the Chief and headmen in the
presence of the undersigned witnesses after having been first
interpreted and explained.
Witnesses:
SIGNED at Fort Severn on the Twenty-fifth day of July, 1930, by
His Majesty's Commissioners and the Chief and headmen in the
presence of the undersigned witnesses after having been first
interpreted and explained.
Witnesses:
SIGNED at Winisk on the Twenty-eighth day of July, 1930, by His
Majesty's Commissioners and the Chief and headmen in the presence
of the undersigned witnesses after having been first interpreted
and explained.
Witnesses:
Copy of an Order In Council
Copy of an Order in Council, approved by the Honourable the
Lieutenant Governor, dated the 18th day of June, A. D. 1931
The Committee of Council have had under consideration the report
of the Honourable the Minister of Lands and Forests, dated June 8,
1931, therein he states that, by a Commission dated the thirtieth
day of May, 1929, issued in pursuance of an agreement dated the
first day of March, 1929, between the Superintendent General of
Indian Affairs on behalf of the Government of Canada and the
Minister of Lands and Forests of the Province of Ontario on behalf
of the Government of Ontario, and in accordance with a Minute of a
Meeting of the Committee of the Privy Council approved by His
Excellency the Governor General on the said thirtieth day of May,
1929, Mr. Walter Charles Cain, Deputy Minister of Lands and Forests
for the Province of Ontario, and Mr. Herbert Nathaniel Awrey, of
the Department of Indian Affairs, were appointed Commissioners "For
the purpose of negotiating an extension of James Bay Treaty No. 9
with the Ojibeway and other Indians, inhabitants of the territory
within the limits hereinafter defined and described, by their
chiefs and headmen, for the purpose of opening for settlement,
immigration, trade, travel, mining and lumbering, and for such
other purposes as to His Majesty may seem meet, a tract of country
bounded and described as hereinafter mentioned, and of obtaining
the consent thereto of His Indian subjects inhabiting the said
tract, and of arranging with them for the cession of the Indian
rights, titles and privileges to be ceded, released, surrendered
and yielded up to His Majesty the King, and His successors forever,
so that there may be peace and good-will between them and His
Majesty's other subjects, and that His Indian people may know and
be assured of what allowances they are to count upon and receive
from His Majesty's bounty and benevolence, which said territory may
be described and defined as follows, that is to say:
All that tract of land and land covered by water
in the Province of Ontario, comprising part of the District of
Kenora (Patricia portion), containing one hundred and twenty-eight
thousand three hundred and twenty square miles more or less, being
bounded on the south by the northerly limit of Treaty Nine; on the
west by the easterly limits of Treaties Three and Five, and the
boundary between the provinces of Ontario and Manitoba; on the
north by the waters of Hudson Bay, and on the east by the waters of
James Bay, and including all islands, islets and rocks, waters and
land covered by water within the said limits;
the said treaty to release and surrender also all Indian rights
and privileges whatsoever of the said Indians to all or any other
lands wherever situated in Ontario, Quebec, Manitoba or the
District of Keewatin or in any other portion of the Dominion of
Canada."
That the said James Bay Treaty amongst other things provided for
the laying aside of reserves for each band in the proportion of one
square mile for each family of five or in that proportion for
larger or smaller families, such reserves when confirmed to be held
and administered by His Majesty for the benefit of the Indians free
of all claims, liens or trusts by Ontario.
That adhesions to Treaty Number Nine, copy of which Adhesions is
hereto annexed, marked Schedule "A", entered into between the said
Commissioners and the Indians under the authority heretofore
referred to, provide for the setting aside, through the said
Commissioners, such reserves for each Band as is provided for by
the said aforementioned Treaty at such places or locations as may
be arranged between the said Commissioners and the Chiefs and
Headmen of each Band.
That, by Ontario Statute, 1912, ch. 3, the Legislative Assembly
of the Province of Ontario consented to recognize the rights of the
Indian inhabitants in the territory added to and now included in
the Province of Ontario by The Ontario Boundaries Extension Act,
Statutes of Canada, 1912, Chapter 40.
That said Commissioners appointed to negotiate said extension of
said James Bay Treaty Number 9, among other things, reported
that,
"A band of Indians residing in the vicinity of Deer Lake within
the territory included in Treaty No. 5, signed Adhesion to said
Treaty on the 9th June, 1910, and under its conditions were assured
a reserve in the proportion of 32 acres per capita. At this time
the territory formed no part of the Province of Ontario, it being
then part of the Northwest Territories. A final selection of the
reserve had not been made and although the band in 1910 resided in
the vicinity of Deer Lake and the members have since changed their
abode and are now in larger numbers resident about Sandy Lake,
situate within territory covered by the Commission under which the
undersigned Commissioners are functioning.
In 1910 when this band was admitted they numbered 95, augmented
in the year following by 78 Indians transferred from the Indian
Lake band resident in Manitoba. These numbers have now increased to
332, and as the Island Lake Indians have been allotted their
reserve and have had it duly surveyed on a basis excluding those
transferred to the Deer Lake band, the latter are now entitled to a
grant."
That the Deer Lake band of Indians desires that a reserve be set
aside for said band.
That the places or locations for the reserve set aside for each
band of Indians, whose Chiefs and Headmen in the years 1929 and
1930 signed the Adhesions to Treaty No. 9, have been arranged
between said Commissioners and the Chiefs and Headmen of each
respective band of Indians.
That the places or locations of said reserves so set aside and
so arranged between the said Commissioners and the Chiefs and
Headmen of each respective band of Indians are set forth in the
Report of Commissioners re Adhesions to Treaty No. 9 for the year
1930, in which Report said Commissioners recommend:
- That the surrender made in the year 1905 by the Indians of such
portion of the territory then in the Northwest Territories and now
within the Province of Ontario be approved and confirmed.
- That the following reserves situated in the area referred to in
the preceding paragraph(a) be approved and confirmed.
- Osnaburg, North side Albany river, 53 square miles.
- Fort Hope, 100 square miles.
- Marten Falls, 30 square miles
- Fort Albany, 140 square miles.
These reserves having been duly surveyed and plans of same filed
some years ago.
- That all the new reserves hereinafter roughly described and
shown coloured black on accompanying map (marked Schedule "B") be
approved and confirmed.
- That any mining claims staked out and recorded, within any of
the above mentioned unsurveyed reserves, subsequent to the date of
the signing of the Adhesion covering the areas, shall in all
respects be subject to the provisions of Ontario Statutes 1924,
Cap. 15, 14 Geo. V, which defines and protects the rights of the
Indians. "
The Minister, therefore, recommends the approval, ratification
and confirmation of:
- The surrenders, as far as may be necessary, made in the year
1905 by the Indians of such portions of the territory as at that
time were within the limits of the Northwest Territories and now
within the Province of Ontario by reason of The Ontario Boundaries
Extension Act, Statutes of Canada, 1912, Ch. 40.
- The Osnaburg (North side Albany river, 53 square miles), Fort
Hope (100 square miles), Marten Falls (30 square miles) and Fort
Albany Reserve (140 square miles) allotted to the Indians in
pursuance of the surrenders made by them in the year 1905 under
Treaty No. 9, at which time such reserves were within the limits of
the Northwest Territories but now, under The Ontario Boundaries
Extension Act, Statutes of Canada, 1912, Ch. 40, within the limits
of the Province of Ontario.
- The Treaty entitled Adhesions to Treaty No. 9 made by Messrs.
Walter Charles Cain and Herbert Nathaniel Awrey, who were appointed
to negotiate with the Ojibeway and other Indian inhabitants of the
territory, referred to in page 1 hereof, for the cession by said
Indians to the Crown on the terms embodied in said Treaty No. 9 of
their rights, titles and privileges to the land included in the
said territory.
- The reserves mentioned in the report of the said Commissioners
and duly selected by them under agreement with the representatives
Chiefs and Headmen of each Band, such reserves being described and
set out on Schedule "C" hereto attached; it being clearly
understood however that the Government of Canada shall be
responsible for the survey of these reserves and that plans and
field notes of such shall be deposited in the Department of Lands
and Forest for the Province and be duly approved by the Surveyor-
General.
The Minister further recommends that any mining claims staked
out and recorded within any of the above mentioned unsurveyed
reserves subsequent to the date of the signing of the Adhesion
covering the areas shall in all respects be subject to the
provisions of Ontario Statutes, 1924, Chapter 15, which defines and
protects the rights of the Indians
The Committee of Council concur in the recommendations of the
Honourable the Minister of Lands and Forests, and advise that the
same be acted on.
Certified,
C. H. BULMER,
Chief, Executive
Council.
Schedule "C"
Reserves Approved and Confirmed
FOR TROUT LAKE INDIANS
RESERVE 1, Trout Lake. Lying on the East and Southeast
shore of Trout Lake where it empties into the Fawn river and on
both sides thereof along the shore of said lake for 3½ miles more
or less and back therefrom to a distance of approximately 12 miles,
always, as far as possible, at a distance of 3½ miles from the
shore on each side of the main channel of the said Fawn river,
containing 85 square miles more or less. RESERVE 2, Sachigo
Lake. Lying at the outlet of Sachigo lake where it empties
into Sachigo river and extending on both sides thereof along the
shore of the said lake 1¾ miles more or less and back therefrom to
a distance of approximately 4 miles, always, as far as possible, at
a distance of 1¾ miles from the shores on each side of the main
channel of the said river, containing 14 square miles more or less.
RESERVE 3, Wunnumin Lake. Lying at the southeast end of
Wunnumin lake where it empties into the Winisk river, 4½ miles in
frontage by 6 miles in depth, the area to be largely to the South
side, the North boundary to be so extended as to include sufficient
area on both sides of the river, containing 27 square miles more or
less.
FOR CARIBOU LAKE INDIANS
Caribou Lake. Lying on the South shore of Caribou lake,
slightly to the left or Westerly end, so that sufficient frontage
of a somewhat extended bay will be included, the dimensions to be
approximately 8 miles long by 4.4 miles wide.
FOR DEER LAKE BAND
Sandy Lake Narrows. Lying at the Narrows, being a
stretch of water lying between Sandy Lake and Lake
Co-pe-te-qua-yah, the reserve to comprise 10,624 acres, or
approximately 17 square miles, to be laid out in a rectangle having
a width, so far as possible, of at least 3 miles with sufficient
depth to satisfy the acreage requirement.
FOR FORT SEVERN BAND
Fort Severn. At the mouth of the Beaverstone river,
where it joins the Severn River, 1½ miles frontage on each side of
the Beaverstone river and back 5 miles more or less from the mouth,
the said river being shown on map No. 20a, issued in 1926 by the
Province of Ontario, as "Beaverstone", although called "Castorum"
by the Hudson's Bay Company and "We-ke-mow" by the Indians,
containing 15 square miles more or less.
FOR WINISK BAND
Winisk. Situated at the old outpost of the Hudson's Bay
Company up the Winisk river at its junction with what is known as
the Asheweig river, the reserve to be so laid out as to comprise a
width of 3 miles or 1½ miles on each side of the West branch of the
Asheweig river where it empties into the Winisk, and to follow both
sides of the said Asheweig river 5 miles, or such distances as will
afford a total area of 17 square miles more or less.
FOR ATTAWAPISKAT BAND
Attawapiskat. Situated at the junction of the Little
Eqwan river with the main Eqwan river, to start on the main Eqwan
river at a point 4½ miles west of the said junction and to comprise
a width of 6 miles, or 3 miles on each side of the river, and a
depth down the river of approximately 17.4 miles, containing 104.4
square miles more or less. It being clearly understood that the
Government of the Dominion is to be responsible for the survey of
these reserves and that plans and field notes of the said reserves
shall be deposited in the office of the Minister of Lands and
Forests when such surveys have been made.
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