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Canada's Colonial Practices to Access the Lower Saugeen Canada’s Colonial Practices To access the Lower Saugeen Peninsula (Regina) Louis Riel sentenced to death for non-Indigenous settlement, Canada by an all-white Anglo-Saxon Protestant promised in a treaty to protect Manitoulin jury for leading a resistance movement to Island as Indigenous territory. By 1862 protect Métis land rights. John A. Canada opened the Island to non- Macdonald had the trial moved to Regina Indigenous settlement. (RCAP, Vol. 1, p. from Winnipeg to ensure no Indigenous 146-147) representation in the jury (CBC learning, 2001, Métis Nation of Ontario, 2018) Edward Cornwallis, Governor of Nova (Ottawa) Enforced enfranchisement (loss Scotia paid “a bounty to anyone who of First Nation status) in order to be killed a Mi’kmaq adult or child in a bid to admitted to a university (Indian Act, 1880, 9.1 drive them off mainland Nova in Indigenous Corporate Training Inc.) Scotia” (Tattrie, 2008) (Kingston) Proposed residential schools 1881 - Could not sell agriculture without (separation of children from their parents) permit if Indigenous (RCAP, Vol.1, 9.8, p. 271) as best way to achieve assimilation (Project of the Heart, N.d.) (Toronto) Egerton Ryerson’s Report on Native Education supports goal to (Ottawa) Traditional spiritual practices/ separate children from parents and ceremonies illegal (RCAP, Vol. 1, 9.5, p. 276-277) recommends religious instruction and agricultural training as focus (Project of the Heart, N.d.) First residential school in Alderville (Prairies) Needed permission to travel Ontario (Rheault, 2011) outside of reserve (RCAP, Vol. 1, 9.10, p.272) (Ottawa) • women lose status if marry non- (Prairies) Indigenous men; women lose Hayter Reed implemented his Peasant membership if marry into another Farmer Policy which made it illegal for band, must take husband’s Indigenous farmers to use modern membership (Gradual Civilization Act, 6. In equipment. Settlers (voters) complained INAC, 1869) when Indigenous farmers (who had no • Chiefs must be elected by male voting rights) were successful so the members of the band (Removed government created laws to make it Haudenosaunee clan mothers’ difficult for them to make a living from traditional roles of appointing farming (Canadian Museum of History, N.d., traditional chiefs). (Gradual Civilization Episkenew, 2009, p.38-39) Act, 10. In INAC, 1869) nandogikendan.com !1 Canada’s Colonial Practices Louis Riel The Manitoulin and Execution (1885) Saugeen Treaties (1836) Denied University Scalping Education Proclamation (1749) (1880) Apartheid Farming Bagot Commission Laws (1881) Report (1842-44) Indigenous Spirituality Banned Egerton Ryerson’s (1884) Report (1847) Pass system policy First residential (1885-1930s) school, 1848 Hayter Reed Farmer Policy Women lose rights (1889-97) (1857) nandogikendan.com !2 Canada’s Colonial Practices Bawaating, near Sault Ste. Marie (Rainy River to Lake of the Woods, Northwest Angle) Anishinaabe leaders Oral Account of the Original Treaty from Isaac did not allow settlers to use their Murdoch: waterways, land or timber without being - Only dig as deep as a hand width (Serpents in the Ground) compensated. Ojibwe leaders including - Respect each other’s homestead and camps Chief Mo-We-Do-Pe-Nais demanded - 66ft shoreline width of every waterway to be rents from settlers to use their land. They undisturbed so the Indian will always have a place sent word to Ottawa: “…do not bring to sleep while travelling Settlers and Surveyors amongst us to - Reserves were to be sanctuaries for Indians to measure and occupy our lands until a live without settler interference. - The Indian can live anywhere based on their clear understanding has been arrived at hunting and fishing migrations. as to what our relations are to be in the - The Treaty was a conditional agreement. time to come.” (RCAP, Vol.1, p.153) Since - Protect each other’s children during times of they had always moved freely through war. - their territory they negotiated free train respect each other’s path of life passes within their land. Liquor trade was - live in accordance to Natural Laws stopped and they were not obliged to Version from RCAP: take arms against their family in the Chief Shingwakonce and Chief Nebanagoching from United States in the case of war. They Sault Ste. Marie demand a treaty to address the negotiated reserve land that they problem of settler miners’ encroachment on Ojibwe territories. William Robinson negotiated the treaties on themselves marked out, farming behalf of the Crown to access the land for settlement, equipment, domestic animals, annuities to mine, and to prevent American encroachment. The (compensation), clothing and education chiefs secure land reservations, annuities, and a share (RCAP, Vol.1, p.153-154). of future revenues from mining on their land that would In exchange for increase in relation to the value of revenues. The oral these conditions being met, First Nations agreements in both treaties indicated that hunting and agreed to open up areas of their land to fishing practices would not be interfered with. The share with settlers. There was no talk of chiefs consented in the verbal agreements to allowing mining on a limited amount of their lands, and that they land surrender (RCAP, Vol.1, p.149). would continue to use their traditional lands for Canada’s written version of Treaty 3 harvesting both traditionally and commercially. The states a total land surrender (INAC, 2013). chiefs agreed to sharing their land as treaty partners. There was no discussion about land surrender. The written version of the treaties states a total land surrender. (Ontario Superior Court of Justice, 2018; RCAP, Vol. 1, p.147-149) Any reference to mining contradicts the Natural Laws — which forbade digging into the ground deeper than a hand’s width — mandated in the original agreement. Treaty was not about resource extraction. The agreements are not ours. They didn’t come out right. It was signed under coercion and extreme duress of reduced populations from diseases brought by encroaching settlers. It would not have a chance in courts today. (Personal conversations on July 10 and September 6, 2019 with Isaac Murdoch, descendant of Shingwauk, explaining the oral history passed on to him from the Elders at Serpent River) nandogikendan.com !3 Canada’s Colonial Practices Treaty 3 (1873) The Robinson Huron and Superior Treaties (1850) nandogikendan.com !4 Canada’s Colonial Practices (Fort Qu’Appelle, Sask.) (Lower Fort Garry, and Manitoba Post Commissioner Morris offered the same at northwest shore of Lake Manitoba) terms of Treaty 3 to Cree and Salteaux When Yellow Quill Salteaux leaders leaders who accepted it. Terms included turned settlers away and when Ojibwe annual payments in perpetuity, clothing, leaders of the North West Angle imposed ammunition, farming implements, rents on encroaching settlers who selection of reserves, schools on became fearful, the government agreed reserves, banning of liquor on reserves. to engage in the treaty making process. In accepting these terms, they agreed to Adams Archibald promised that Canada live peaceably as treaty partners, sharing would not interfere with First Nations’ the land. There was no agreement to traditional land based practices including surrendering land (RCAP, Vol.1, p.149). hunting and fishing and they would not Canada’s written version of the treaty need to live on reserves. He promised states total surrender of their land. (INAC, farming and hunting equipment and 1966) livestock. Chippewa and Swampy Cree leaders agreed to share their land respectfully as treaty partners. There was no talk about giving up land. The written version of the treaty stated a total land surrender and contained none of Archibald’s promises. (RCAP, Vol.1, p. 151-152) (Beren’s River and Norway House around Lake Winnipeg) (Fort Carlton and Fort Pitt, Sask.) Swampy Cree leaders negotiated with Morris promised no interference with Morris similar terms for Treaties 3 and 4, hunting and fishing throughout the including “annuities, education, and territory, annuities, economic assistance economic assistance with housing” with housing, hunger relief, and except reserve land was calculated at healthcare. There was no mention of land 160 acres per family. They were also surrender. The written version of the promised healthcare. They did not agree to surrender their land, but instead, the treaty states land surrender. (RCAP, Vol.1, p.156-157) agreement was to share it. The treaty text states a total land surrender. (RCAP, Vol.1, p.154-156) nandogikendan.com !5 Canada’s Colonial Practices Treaties 1 & 2 Treaty 4 (1871) (1874) Treaty 5 Treaty 6 (1875) (1876) nandogikendan.com !6 Canada’s Colonial Practices Ottawa First Nations are severed from Lesser Slave Lake area, Northern their traditional lands, forced onto Alberta, northeast corner of B.C. reserves and deemed wards of the state. Prospectors for gold in the Klondike rush (Indian Act, 1876, 2, 6, 8) of 1897, and companies looking for - replaced traditional governance resources in oil and gas agitated First structures with elected chief and band Nations who began refusing settlers from council system (Indian Act, 1876, 3.1) entering their land by 1898. The Crown - illegitimate children may be excluded offered similar terms agreed to in from membership by band (Indian Act, previous numbered treaties. Cree and 1876, 3.a) Dene leaders made the demand that: - lose membership if living outside of "nothing would be allowed to interfere country for 5 years (Indian Act, 1876, 3.b) with their way of making a living; the old - women lost status if married outside and destitute would always be taken care band (Indian Act, 1876, 3.c) of; they were guaranteed protection in - Canadian law defines “person” as “an their way of living as hunting and trappers individual other than an Indian” (Indian from white competition; they would not be Act, 1876, 3.12) prevented from hunting and fishing as - arrested for intoxication if Indigenous they had always done, so as to enable (Indian Act, 1876, 83) - had to give up Native status upon them to earn their living and maintain their existence” (RCAP, Vol.1, p.
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