Robinson Huron 1850 Treaty

915 Jocko Point Road, RR4 Nadjiwan Nipissing First Nation North Bay, Ontario Law Office P1B 8G5 Barristers & Solicitors Ph: (705) 753-9815 Patrick M. Nadjiwan, H.B.S.W., LL.B. Fax: (705) 753-9795 Krista M. Yao, B.A. (Econ.), LL.B. e-mail: [email protected]

August 1, 2008

By E-mail

Ontario Energy Board PO Box 2319 27th Floor 2300 Yonge Street Toronto ON M4P 1E4

RE: OPA – INTEGRATED POWER SYSTEM PLAN APPLICATION BOARD FILE NUMBER EB-2007-0707 EVIDENCE SUBMISSIONS OF SERPENT RIVER FIRST NATION (INTERVENOR)

Please find attached the evidence of the Serpent River First Nation which consists of a report from expert historian, Dr. David Shanahan, regarding the territory, terms and conditions of the Robinson Huron Treaty of 1850, together with various maps and the treaty text. The Serpent River First Nation, with the other treaty signatories, have treaty rights within the Robinson Huron territory.

Sincerely,

Nadjiwan Law Office

Digital Signature

Per: Krista M. Yao [email protected] cc. Chief Isadore Day Chief, Serpent River First Nation Commissioner – Lake Huron Treaty Commission

ROBINSON HURON 1850 TREATY

- TERRITORY, TERMS AND CONDITIONS -

Submitted to: The Ontario Energy Board OPA – Integrated Power System Plan Application Board File Number EB-2007-0707

Submitted by: Serpent River First Nation, Intervenor P.O. Box 14 48 Village Road Cutler ON P0P 1B0 Ph: (705) 844-2418 Fax: (705) 844-2757 E-mail: [email protected]

August 1, 2008

David Shanahan, PhD. Box 35, Oxford Mills, Ontario, Canada, K0G 1S0 Historical Research and Writing Tel: (613) 258-5083; e-mail: [email protected]

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 2

1. BACKGROUND TO THE TREATY

Following the Conquest of New France, the British Imperial Government issued a Royal Proclamation on 7 October 1763, outlining the boundaries of Canada (Quebec) and that of the Indian Territory. In recognition of the major role played by the First Nations in the fight against the French, it was the intention of the Crown to prevent trespass on Indian lands west of a line from Lake Nipissing, running just west of the Ottawa Valley, to the St. Lawrence River. Indian lands were to remain protected from unrestricted white occupation.1 They could only be alienated by direct surrender to the Crown at meetings called specifically for that purpose. With the end of the American War of Independence and the arrival of large numbers of Loyalist settlers in Upper Canada after 1783, a series of such treaties were made with various First Nations along the north shores of the St. Lawrence and into southern parts of the province. By 1836, these treaties had reached the Bruce Peninsula and Manitoulin Island. In 1839, John Macaulay prepared a Report for the Crown providing information on the state of the various Indian nations in British North America. In dealing with the North Shore of Lake Huron, Macaulay referred to: The Chippewas of La Cloch and Mississauging, - Number 225 souls. They are on the North and East Shore of lake Huron, and consider themselves the lawful possessors of the vast extent of country in which they range as hunters. They cultivate small patches of corn and Potatoes and chiefly depend on the chase and fishing for subsistence. Hudson Bay Company has a trading post near them.2

In the 1840's, following the discovery of large deposits of copper on the Michigan Peninsula, various mining companies were granted Mining Locations on the Canadian shores of those lakes, leading to complaints by Indian communities regarding the trespass on their territories. In spite of the terms of the Royal proclamation regarding the integrity of the Indian

1 Royal Proclamation, October 7, 1763.

2 The Macaulay Report, April, 1839, RG 10, Vols. 718-719, pp. 178-179.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 3 territory, more than thirty Licences were issued by the Crown Lands department in 1845-46, granting Mining Locations on Indian lands, some of which covered summer settlement areas of a number of First Nations. On April 26, 1848 the Commissioner of Crown Lands, J. H. Price, instructed Provincial Land Surveyor Alexander Vidal to survey a number of Mining Locations on the north shore of Lake Huron.3 Further surveys were conducted in the following two years, and representatives of newly-formed mining companies moved into the north shore of Lake Huron looking for promising sites. This caused growing unease and annoyance among the inhabitants of the territory. In 1848, Thomas Gummarsall Anderson of the Indian Department was sent to Sault Ste. Marie to meet with Indian groups to investigate the situation. In his report to the Superintendent General of Indian Affairs on August 20th, 1848, Anderson noted that the title of the various Indian groups to the “unceded’ lands on the north shores of the lakes was unquestionable and recommended that the Government solve the problem by making a treaty with the aboriginal owners of the land, allowing reserves to be set apart for their use, and an annuity to be paid to them in perpetuity.4 I would respectfully beg leave to observe that there does not appear a doubt but what the present race are the proprietors of the vast mineral bids and unceded Forests from Grand Bature near Mississauging River on Lake Huron to the Boundary Line at Pigeon River on Lake Superior throughout which region numerous Locations have been granted. Their claim it appears continued unmolested from time immemorial to the present day. The First Nations’ status as allies, rather than subjects of the British Crown was emphasised by the Indians who met with Anderson: They do not admit that it can be owned by any power under pretext of the right of conquest because the French were admitted into the country of [sic] terms of Friendship as Traders and when the English waged war

3 J. H. Price to Alexander Vidal, April 26, 1848. Archives of Ontario [AO], “Instructions to Surveyors”, MS 31, Book 6.

4 T. G. Anderson to Major Campbell, SGIA, August 20, 1848. RG 10, Vol. 534.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 4

against the French the Indians at the instance of the Commander of the British Forces became their allies and have acted in that capacity in all subsequent wars in which the English have been engaged in this country to the present time. Anderson recommended that the Indian title would have to be extinguished in order to clear title for the mining companies to continue their operations. Viewing all the circumstances of the case and the determination with which the natives appear impressed as to their right of soil, I feel it my duty humbly to suggest that the Govt. extinguish the Indians right by a treaty granting to the aboriginees an equitable remuneration for the whole country which as far as the natives are concerned would be most to their benefit in a perpetual annuity, making such reserves to the Indians as may be necessary for them to cultivate hereafter. The Crown Lands Department wrote to Anderson in November 1848 to inquire as to the number, population, location and lands of the various Tribes of Indians with title to the unceded lands north of Huron and Superior. Anderson replied on December 2, 1848.5 In his opinion, it would require a visit to the region, with one to three days spent with each band, to get an accurate impression of the situation on the lakes. An Order in Council of August 4th, 1849 appointed Alexander Vidal, Deputy Provincial Surveyor, and Superintendent Anderson to visit the various Indian groups on the north shores of Lakes Huron and Superior, and report on the amount of compensation that they would expect to receive if they were to surrender their lands.6 Vidal was informed of his appointment by letter from Price on August 7, 1849.7 Price noted that the Indians of Lake Huron “having applied to the Government and proposed to surrender to the Crown the Lands bordering on these Lakes”, the Commissioners were to visit the Indians “on their grounds” to find out what they expected from such a treaty of surrender. Commissioners Vidal and Anderson submitted their report to the Governor General on

5 Anderson to J. H. Price, December 2, 1848. Ibid.

6 Order-in-Council, August 4, 1849. RG 10, Vol. 119.

7 Price to Vidal, August 7, 1849. AO, MS 31, Book 6.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 5

December 5th, 1849.8 The Commissioners clearly recognized the unextinguished title which these bands enjoyed to their traditional lands north of the lakes: The claim of the present occupants of this tract derived from their forefathers, who have from time immemorial hunted upon it, is unquestionable as good as that of any of the tribes who have received compensation for the cession of their rights in other parts of the province; and therefore entitles them to similar remuneration. They noted that each band: ...possessing an exclusive right to and control over its own hunting grounds;- the limits of these grounds especially their frontages on the lake are generally well known and acknowledged by neighbouring bands; in two or three instances only, is there any difficulty in determining the precise boundary between adjoining tracts, there being in these cases a small portion of disputed territory to which two parties advance a claim. Aside from recognising their title to their traditional lands, the Commissioners also noted the main condition upon which the Indians were prepared to surrender their lands: There is a general wish expressed by the Indians to cede their territory to the Government provided that they are not required to remove from their present places of abode - their hunting and fishing not interfered with, and that the compensation given to them be a perpetual annuity... It was noted that the Indians expressed complete ignorance as to how the land would be valued by the Crown, and left it to the Commissioner’s to make a fair valuation. This led Anderson and Vidal to remark that This incapacity on their part while it renders it necessary for the Government to fix the terms, entitles the Indians to the most liberal consideration and a scrupulous avoiding any encroachment upon their rights. The Commissioners pointed out that the Chiefs expressed a wish to cede the entire territory to

8 Report of the Indian Commissioners, December 5, 1849. A.O., Irving Papers, F 1027- 1-2.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 6 the Crown, and not just a strip along the lakeshore encompassing the Mining Locations. This they found acceptable: ...for all that is known to be of value is situated on the front, and they will still retain undisturbed possession of their hunting grounds in the interior:- in fact, whatever may be given to them for the surrender of their right, they must be gainers, for they relinquish nothing but a mere nominal title, they will continue to enjoy all their present advantages... The Report ended with a statement of how precarious was the lifestyle of the inhabitants of the lands, as the hunting was no longer providing a sufficient source of food for the bands. Appendix B of the Report listed the Locality of the various Bands, the name of the Chief, and his place of residence. Appendix D gave a description of the Reservations the Bands wished to make under the proposed treaty. The Commissioners attached two maps with their Report, one of Lake Superior and the other of Lake Huron, showing the location of the various bands identified in their Report, along with the traditional borders of their lands. 9 While the Commissioners were preparing their Report, events along the north shore of Lake Huron and Superior had moved rapidly. Indians under the leadership of Chiefs Shingwaconce and Nebewaigoching had attacked the Quebec Mining Company location at Bruce Mines. They were subsequently arrested and taken to Toronto. The need to come to a satisfactory arrangement with the Indians of the Lakes was more urgent than ever.

2. NEGOTIATIONS

William B. Robinson wrote to Colonel Bruce on January 10, 1850 offering his services as “the medium of any communication between the Indian and the Government”.10 As a member of an influential political family in Upper Canada, who had held meetings with the arrested Indian

9 Map of Lake Huron, RG 10, Vol. 266. [Map 1].

10 W. B. Robinson to Bruce, January 10, 1850. RG 1 E7, Vol. 34.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 7

Chiefs in Toronto, Robinson was preferred to Vidal and Anderson as a representative of the Crown in making a formal Treaty. Robinson claimed that the Chiefs were willing to “anxious and willing” to come to terms regarding the mining locations. On January 11, 1850, the day after Robinson’s offer to act as a mediator, the Executive Council passed an Order-in-Council authorizing Robinson to negotiate with “the several Tribes” regarding the mining location lands.11 The document describes Robinson’s letter of the previous day as being “on behalf of certain Indian Chiefs”. Aside from supplying funds to enable the two Chiefs to return home, the Order laid down certain terms: ...he be likewise instructed to impress on the minds of the Indians that they ought not to expect excessive remuneration for the partial occupation of the Territory heretofore used as hunting grounds, by persons who have engaged in developing sources of wealth which they had themselves entirely neglected. Robinson was also to discourage the Indians from taking legal action regarding the trespass on their lands by the mining companies ...warn the Indians against listening to the counsels of any one who may advise them to resort to criminal proceedings which will not only render the parties participating in them amenable to the laws of the Province but likewise entail expense which will necessarily diminish the fund from which alone the means of affording compensation can be obtained. In a letter to Robinson on January 11, 1850, he was instructed by the Superintendent of Indian Affairs, R. Bruce, to inform the Tribes of his appointment and to discourage them from seeking “excessive remuneration” for their lands. He was also encouraged to dissuade them from taking legal action against the mining companies, or the Crown, for trespassing on their lands granted as mining locations, in words taken from the Order-in-Council of that same day.12 Robinson had some questions regarding what he was to offer the Tribes, and these were

11 Order-in-Council, January 11, 1850. RG 10, Vol. 180.

12 R. Bruce to W. B. Robinson, January 11, 1850. RG 10, Vol. 266.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 8 sent to the Provincial Secretary by Price on April 15, 1850.13 Among his queries, Robinson wanted to know if the Government would prefer buying the entire north coast of the Lakes for an annuity, or just a section along the coast about ten miles deep for a fixed sum. An Order-in- Council, passed on April 16th, 1850, authorized William Robinson to negotiate with the Indians of the north shores of Lakes Huron and Superior for the cession of as much of their lands as they were willing to surrender.14 Robinson made a preliminary journey to Sault Ste. Marie to meet with those Chiefs directly in conflict with the mining companies, to inform them of his appointment and to make arrangements to meet with them and all the other Chiefs later in the year to negotiate a formal treaty. He had the Chiefs sign an agreement that no action would be taken by them against the companies until after he had returned. It was agreed that a meeting would be held at Garden River the following August.15 Robinson reported on this trip to Bruce on May 13, 1850. Robinson’s report on the Treaty Negotiations was dated September 24th, 1850. In it Robinson informed Bruce that the Chiefs were anxious to have their Reserves surveyed and that he had told them the Government would likely send someone to do this the following Spring. The other major commitment made by Robinson was to secure to them the right to hunt and fish over the area being ceded by them: Believing that His Excellency and the Government were desirous of leaving the Indians no just cause of complaint on their surrendering the extensive territory embraced in the treaty; and knowing there were individuals who most assiduously endeavored to create dissatisfaction among them, I inserted a clause securing to them certain prospective advantages should the lands in question prove sufficiently productive at any future period to enable the Government without loss to increase the annuity. This was so reasonable and just that I had no difficulty in making them comprehend it, and it in a great measure silenced the clamor raised

13 Price to James Leslie, April 15, 1850. RG 5, C1, vol. 290.

14 Order-in-Council, April 16, 1850. RG 10, Vol. 266..

15 Robinson to Bruce, May 13, 1850. RG 5, E5, Vol. 13, file 162.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 9

by their evil advisers... In allowing the Indians to retain reservations of land for their own use I was governed by the fact that they in most cases asked for such tracts as they had heretofore been in the habit of using for purposes of residence and cultivation, and by securing these to them and the right of hunting and fishing over the ceded territory, they cannot say that the Government takes from their usual means of subsistence and therefore have no claims for support, which they no doubt would have preferred, had this not been done... The chiefs are desirous that their several reservations should be marked by proper posts or monuments, and I have told them the Government would probably send someone next spring for that purpose. As I know many of the localities I shall be able to give the necessary information when required....16 Robinson concluded the Robinson-Huron Treaty on September 9th, 1850.17 The document described the territory being ceded by the Bands as: ....the eastern and northern shores of Lake Huron, from Penetanguishene to Sault Ste. Marie, and thence to Batchewanaung Bay, on the northern shore of Lake Superior, together with the islands in the said Lakes, opposite to the shores thereof, and inland to the height of land which separates the territory covered by the charter of the Honorable Hudson’s Bay Company from Canada; as well as all unconceded lands within the limits of Canada West to which they have any just claim. The Treaty contained provisions for reserving tracts of land for each of the signatory bands. The background to the treaty talks was reflected in clauses dealing with the mining interests around Lake Huron. The Bands were obliged not to “hinder or prevent persons from exploring or searching for minerals or other valuable productions”. Furthermore, they had to

16 Robinson to the Governor General, September 24, 1850. RG 10, Vol. 191, file 2043.

17 Robinson-Huron Treaty, No. 61. Indian Treaties and Surrenders, vol. 1.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 10 acknowledge the legitimacy of the mining locations already granted to mining companies, even if they were located on the new Reserves. However, if there were mineral deposits to be found on the new reserves, the Crown would sell them, at the Band’s request, “for their sole use and benefit and to the best advantage”. The Crown promised “to allow the said Chiefs and their tribes the full and free privilege to hunt over the territory now ceded by them and to fish in the waters thereof as they have hereunto been in the habit of doing”, other than on lands which might later sold or leased and occupied with the consent of the Provincial government. This was the first Treaty to include such provisions in its text. The Treaty also contained a clause dealing with annuity payments. It was a complicated arrangement whereby, should the income from land sales of the surrendered territory allow it, without loss to the Government, the annuities would in future be increased to a maximum of £1 per person, “or such further sum as Her Majesty may be graciously pleased to order”, as long as the total number of individuals entitled to such annuity did not fall below two-thirds of the original number of entitled individuals. The Treaty contained a Schedule of Reserves for each band, and explicitly laid down that these lands could not be sold or alienated except to the Crown. This was the first time the Royal Proclamation requirements had been expressly stated in a treaty document. The Robinson-Huron and Robinson-Superior Treaties was approved by His Excellency the Governor in Council on November 12th, 1850 .18

3. IMPLEMENTING THE TREATY

The Commissioner of Crown Lands, J. H. Price, wrote to the Governor General on June 6, 1851 to recommend that an early survey be made of the lands surrendered in the Lakes Superior and Huron region so as to discourage squatters and to raise funds for paying the treaty annuities.19An Order-in-Council, dated June 14th, 1851, authorized the surveying of Reserves on

18 Order-in-Council, November 12, 1850. RG 1, E8, vol. 38.

19 J. H. Price to the Governor General, June 6, 1851. A.O., R.G. 1-2-2, Vol. 49.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 11

Lakes Superior and Huron. In addition, it stated that, because the Treaty did not define the exact position, and extent, of the reserves to be surveyed, someone the Indians trusted should be appointed to accompany the Surveyor in order to point out the limits, as suggested by Price.20 Before the survey work could begin in 1851, a petition was received by the Governor General from two of the Chiefs who had signed the Robinson Treaty. Among the issues raised in the document, dated August 17, 1851, was the misunderstanding the Chiefs believed had taken place concerning the size of the Reserves they had asked for under the treaty. The Petition was witnessed by J.W. Keating, who had been the interpreter at the time of the Robinson Treaty negotiations. In describing our reserves we did not understand the distance of miles; but we gave certain points and we hope that in the survey those boundaries will be adhered to and not the imagined space which a term conveys to us tho well known to you.21 Dennis surveyed a number of Reserves in 1851, but, on a number of occasions, he found dissatisfaction existing among the Chiefs about the area of their Reserves. He had no-one with him throughout his trip to offer guidance regarding the limits of the reserves, as had been promised in Orders-in-Council, etc. On February 19, 1852, J. W. Keating wrote to Bruce on the matter. Keating had been Robinson’s translator at the Treaty negotiations in 1850, and had been living and working in the region for many years.22 He had been Indian Superintendent at Walpole Island before that. In writing to Bruce, Keating noted that he had written in November of the previous year, offering to accompany Dennis, but his offer had been misunderstood. He now wished to accompany Dennis on the current year’s survey trip, in which he might also, incidentally, “acquire some valuable information respecting the mineral & other productions of the country”. Following Keating’s letter, Bruce asked an official to contact Dennis to inquire as to whether the surveys of 1851 had been effected by his lack of an informed official from the

20 Order-in-Council, June 14, 1851. AO, RG . 1-50-2.

21 Petition, August 17, 1851. RG 10, Vol. 572.

22 J. W. Keating to Bruce, February 19, 1852. RG 10, Vol. 194.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 12

Indian Department. Dennis replied immediately, on March 4, 1852.23 He had been asked: Whether I was inconvenienced or found any difficulty from the want of some one to represent the Indians to point out the limits of the Reserves. In answer to such an enquiry I must say that I did...I had to take responsibility of locating a Reserve to a certain extent unsatisfactory to the Band for whom it was Reserved, in consequence of their claim as preferred being altogether inconsistent with the Treaty. Dennis noted that the difficulty had to do with misunderstanding of languages, and stated that “any gentleman who may be appointed must be (or should be) able to speak Indian fluently”. Bruce recommended Keating to the Commissioner of Crown Lands to accompany Dennis on that year’s survey trip, and this was accepted.24 Keating received his own instructions, also on April 8, 1852, in a letter from Rolph. He was informed that he had been chosen because of his knowledge of the area, the Indian language and the sites of the Reserves.25 It seems difficulties were expected, as Keating was instructed: ..to point out the position and extent of the reserved lands and to assist in reconciling any difficulties, should such arise, as to their Limits. In his Report, Keating had commented on a problem that had been raised the previous year with Dennis. Both he and the surveyor agreed that there had been a misunderstanding at the time of the treaty regarding the size of the Reserves being requested by the Indians. As translator at those treaty meetings, Keating realized that he had made a mistake in translation: ...in all cases where the word miles occurs the Indians intended leagues, the only mode of measurement known to he Canadians from whom they have derived what knowledge they possess of distances, the word in their vernacular meaning simply a measure. However, even though they were convinced of this, Dennis and Keating did not inform the Chiefs of the mistake, and only agreed to change the size of the Reserves when asked. Keating’s

23 J. S. Dennis to Russell, March 4, 1852. RG 10, Vol. 198, pt. 1.

24 Bruce to John Rolph, March 16, 1852. AO, RG 1-524-2.

25 Rolph to Keating, April 8, 1852. AO, MS 31, Book 6.

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 13 report was forwarded to the Governor General by Bruce on January 20, 1853.26 Bruce pointed out the changes Keating and Dennis had made to some Reserves in the light of the leagues and miles confusion, but recommended that the Crown accept these changes “in a Spirit of Justice”. He put the blame for the confusion on the Indians, rather than Keating: omissions which originated in their inability to communicate their wishes in an intelligent shape to the Commissioner, Mr. Robinson. An Order-in-Council on January 31, 1853 confirmed the partial revisions made by Dennis.27 A Proclamation of February 1, 1854 extended the provisions of 13-14 Vict., Cap. 74, protecting Indian lands against trespass, etc., to Indian reserves on Lakes Huron, Superior, Nipissing and Nipigon.28 Commissioners were appointed by the Crown to report on the Indian Department and the state of Indian Affairs in Canada. The Commission submitted their Report (also known as the Pennefather Report) in 1858. In the section dealing with the “Scattered bands on the Northern Shores of Lakes Huron and Superior”, the Commissioners expressed their “decided regret” that the Indian had not received a better deal in ceding such a large territory, and specifically mentioned the clause dealing with the mining locations situated on Reserves: Most of the Reserves on Lake Huron are more or less covered by claims of this description. It does not however appear that any of the locations have completed the conditions of purchase within the prescribed time, so that in our opinion the land is now free from all incumbrances [sic], and reserved solely for the Indians surrendering.29 In the decades after the signing of the Robin Huron Treaty, the Indians of the North Shore continued to hunt and fish as they had before 1850, although their freedom to use traditional areas was sharply limited by white land use patterns. Nevertheless, these traditional practices continued to form the backbone of subsistence for many of the First Nations in the area,

26 Bruce to the Governor General, January 20, 1853. RG 1, L3, Vol. 265.

27 Order-in-Council, January 31, 1853. RG 10, Vol. 7536, file 27,001-7.

28 Proclamation, February 1, 1854. Indian Lands Registry, Instrument # 4515-133.

29 Pennefather Report, 1858. Sessional Papers, 21 Vict., Appendix (No. 21).

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 14 until very recently. Various factors, over which the First Nations had no control, and on which they were not consulted, had major implications for the enjoyment of their treaty rights. These included railway and road construction through the treaty area, the building of hydro and phone lines, and, most seriously for some First Nations, the slow poisoning of the land and water through mining and timber operations.

4. CONCLUSIONS

The Huron Treaty of 1850 was negotiated and signed at the initiative of the Crown in order to clear title to Indian territory so as to protect the interests of mining interests who were improperly granted licences to prospect for copper and other minerals in Indian Territory after 1845. It is very clear from the reports of the Commissioners and of Robinson himself, that the Crown had very little appreciation for the land use practices of the First Nations att the time, believing their “failure” to properly exploit the land for mining or agriculture showed them to be unfit to maintain their title to the area. Nevertheless, the terms of the treaty itself, as well as the contents of the correspondence surrounding the treaty talks, make it very clear that the Crown granted certain rights to the Indians in terms of land use for the future. Hunting and fishing rights were guaranteed, for example. This, of necessity, had to include a legal requirement that the Crown protect those rights by protecting the land and waters from any activity that would infringe on those rights.

The rights under the Treaty extend over all of the surrendered territory except for that which has been sold or leased and occupied with the consent of the Province. Thus, any use of water by means of hydroelectric development, or otherwise, within the treaty territory, may negatively impact upon the fishing rights guaranteed under the treaty. Moreover, signatory First Nations have rights over all unoccupied land in the territory, and thus, development of alternative electricity sources, and the installation of transmission lines within the territory will also impact upon treaty rights.

The Commissioners stated clearly the responsibility of the Crown to deal liberally and

Filed: 2008-08-01 EB-2007-0707 SRFN Evidence Page 15 fairly with the inhabitants of the land being treated for. The First Nations expressed their trust in the Crown to protect their interests. It was obvious at the time, and has not been contradicted by events since, that the main priority of the Crown was the protection of the interests of the mining companies illegally exploiting Indian Territory. The terms of the negotiations and of the treaty itself were designed with that aim in mind, and not with the best interests of the Indian bands.

Having signed the Treaty, the Crown then ignored as far as possible the fact that they were surveying reserves far smaller than that intended by the Chiefs in 1850. Only altering the size of reserves when specifically called upon to do so, they effectively limited the land base available to First Nations in contravention of the treaty terms.

Copy of the Robinson Treaty Made in the Year 1850 with the Ojibewa Indians of Lake Huron Conveying Certain Lands to the Crown - Indian and Northern Affairs ...

COPY OF THE ROBINSON TREATY Made in the Year 1850 WITH THE OJIBEWA INDIANS OF LAKE HURON CONVEYING CERTAIN LANDS TO THE CROWN

Reprinted from the edition of 1939 by

ROGER DUHAMEL, F.R.S.C. QUEEN'S PRINTER AND CONTROLLER OF STATIONERY OTTAWA, 1964

Cat. No. Ci 72-1264

THIS AGREEMENT, made and entered into this ninth day of September, in the year of our Lord one thousand eight hundred and fifty, at Sault Ste. Marie, in the Province of Canada, between the Honorable WILLIAM BENJAMIN ROBINSON, of the one part, on behalf of HER MAJESTY THE QUEEN, and SHINGUACOUSE NEBENAIGOCHING, KEOKOUSE, MISHEQUONGA, TAGAWININI, SHABOKISHICK, DOKIS, PONEKEOSH, WINDAWTEGOWININI, SHAWENAKESHICK, NAMASSIN, NAOQUAGABO, WABAKEKIK, KITCHEPOSSIGUN by PAPASAINSE, WAGEMAKI, PAMEQUONAISHEUNG, Chiefs; and JOHN BELL, PAQWATCHININI, MASHEKYASH, IDOWEKESIS, WAQUACOMICK, OCHEEK, METIGOMIN, WATACHEWANA, MINWAWAPENASSE, SHENAOQUOM, ONINGEGUN, PANAISSY, PAPASAINSE, ASHEWASEGA, KAGESHEWAWETUNG, SHAWONEBIN; and also Chief MAISQUASO (also Chiefs MUCKATA, MISHOQUET, and MEKIS), and MISHOQUETTO and ASA WASWANAY and PAWISS, principal men of the OJIBEWA INDIANS, inhabiting and claiming the Eastern and Northern Shores of Lake Huron, from Penetanguishine to Sault Ste. Maire, and thence to Batchewanaung Bay, on the Northern Shore of Lake Superior; together with the Islands in the said Lakes, opposite to the Shores thereof, and inland to the Height of land which separates the Territory covered by the charter of the Honorable Hudson Bay Company from Canada; as well as all unconceded lands within the limits of Canada West to which they have any just claim, of the other part, witnesseth:

THAT for, and in consideration of the sum of two thousand pounds of good and lawful money of Upper Canda, to them in hand paid, and for the further perpetual annuity of six hundred pounds of like money, the same to be paid and delivered to the said Chiefs and their Tribes at a convenient season of each year, of which due notice will be given, at such places as may be appointed for that purpose, they the said Chiefs and Principal men, on behalf of their respective Tribes or Bands, do hereby fully, freely, and voluntarily surrender, cede, grant, and convey unto Her Majesty, her heirs and successors for ever, all their right, title, and interest to, and in the whole of, the territory above described, save and except the reservations set forth in the schedule hereunto annexed; which

http://www.ainc-inac.gc.ca/2002-templates/ssi/print_e.asp[2008-08-01 1:26:38 PM] Copy of the Robinson Treaty Made in the Year 1850 with the Ojibewa Indians of Lake Huron Conveying Certain Lands to the Crown - Indian and Northern Affairs ...

reservations shall be held and occupied by the said Chiefs and their Tribes in common, for their own use and benefit.

And should the said Chiefs and their respective Tribes at any time desire to dispose of any part of such reservations, or of any mineral or other valuable productions thereon, the same will be sold or leased at their request by the Superintendent-General of Indian Affairs for the time being, or other officer having authority so to do, for their sole benefit, and to the best advantage.

And the said William Benjamin Robinson of the first part, on behalf of Her Majesty and the Government of this Province, hereby promises and agrees to make, or cause to be made, the payments as before mentioned; and further to allow the said Chiefs and their Tribes the full and free privilege to hunt over the Territory now ceded by them, and to fish in the waters thereof, as they have heretofore been in the habit of doing; saving and excepting such portions of the said Territory as may from time to time be sold or leased to individuals or companies of individuals, and occupied by them with the consent of the Provincial Government.

The parties of the second part further promise and agree that they will not sell, lease, or otherwise dispose of any portion of their Reservations without the consent of the Superintendent-General of Indian Affairs, or other officer of like authority, being first had and obtained. Nor will they at any time hinder or prevent persons from exploring or searching for minerals, or other valuable productions, in any part of the Territory hereby ceded to Her Majesty, as before mentioned. The parties of the second part also agree, that in case the Government of this Province should before the date of this agreement have sold, or bargained to sell, any mining locations, or other property, on the portions of the Territory hereby reserved for their use; then and in that case such sale, or promise of sale, shall be perfected by the Government, if the parties claiming it shall have fulfilled all the conditions upon which such locations were made, and the amount accruing therefrom shall be paid to the Tribe to whom the Reservation belongs.

The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all her subjects, further promises and agrees, that should the Territory hereby ceded by the parties of the second part at any future period produce such an amount as will enable the Government of this Province, without incurring loss, to increase the annuity hereby secured to them, then and in that case the same shall be augmented from time to time, provided that the amount paid to each individual shall not exceed the sum of one pound Provincial Currency in any one year, or such further sum as Her Majesty may be graciously pleased to order; and provided further that the number of Indians entitled to the benefit of this treaty shall amount to two-thirds of their present number, which is fourteen hundred and twenty-two, to entitle them to claim the full benefit thereof. And should they not at any future period amount to two-thirds of fourteen hundred and twenty-two, then the said annuity shall be diminished in proportion to their actual numbers.

The said William Benjamin Robinson of the first part further agrees, on the part of Her Majesty and the Government of this Province, that in consequence of the Indians inhabiting French River and Lake Nipissing having become parties to this treaty, the further sum of one hundred and sixty pounds Provincial Currency shall be paid in addition to the two thousand pounds above mentioned.

Schedule of Reservations made by the above-named subscribing Chiefs

and Principal Men.

FIRST --Pamequonaishcung and his Band, a tract of land to commence seven miles, from the mouth of the River Maganetawang, and extending six miles east and west by three miles north.

SECOND --Wagemake and his Band, a tract of land to commence at a place called Nekickshegeshing, six miles from east to west, by three miles in depth.

THIRD--Kitcheposkissegan (by Papasainse), from Point Grondine westward, six miles inland, by two miles in front, so as to include the small Lake Nessinassung a tract for themselves and their Bands.

FOURTH--- Wabakekik, three miles front, near Shebawenaning, by five miles inland, for himself and Band.

FIFTH--Namassin and Naoquagabo and their Bands, a tract of land commencing near Qacloche, at the Hudson Bay Company's boundary; thence westerly to the mouth of Spanish River; then four miles up the south bank of said river, and across to the place of beginning.

SIXTH --Shawenakishick and his Band, a tract of land now occupied by them, and contained between two rivers, called Whitefish River, and Wanabitaseke, seven miles inland.

SEVENTH --Windawtegawinini and his Band, the Peninsula east of Serpent River, and formed by it, now occupied by them.

EIGHTH --Ponekeosh and his Band, the land contained between the River Mississaga and the River Penebewabecong, up to the first rapids.

NINTH --Dokis and his Band, three miles square at Wanabeyakokaun, near Lake Nipissing and the island near the Fall of Okickandawt.

TENTH --Shabokishick and his Band, from their present planting grounds on Lake Nipissing to the Hudson Bay Company's post, six miles in depth.

ELEVENTH --Tagawinini and his Band, two miles square at Wanabitibing, a place about forty miles inland, near Lake Nipissing.

TWELFTH -- Keokouse and his Band, four miles front from Thessalon River eastward, by four miles inland.

THIRTEENTH -- Mishequanga and his Band, two miles on the lake shore east and west of Ogawaminang, by one mile inland.

FOURTEENTH -- For Shinguacouse and his Band, a tract of land extending from Maskinongé Bay, inclusive, to Partridge Point, above Garden River on the front, and inland ten miles, throughout the whole distance; and also Squirrel Island.

FIFTEENTH -- For Nebenaigoching and his Band, a tract of land extending from Wanabekineyunnung west of Gros Cap to the boundary of the lands ceded by the Chiefs of Lake Superior, and inland ten miles throughout the whole distance, including Batchewanaung Bay; and also the small island at Sault Ste. Marie used by them as a fishing station.

SIXTEENTH -- For Chief Mekis and his Band, residing at Wasaquesing (Sandy Island), a tract of land at a place on the main shore opposite the Island; being the place now occupied by them for residence and cultivation, four miles square.

SEVENTEENTH -- For Chief Muckatamishaquet and his Band, a tract of land on the east side of the River Naishconteong, near Pointe aux Barils, three miles square; and also a small tract in Washauwenega Bay -- now occupied by a part of the Band -- three miles square.

Back

Last Updated: 2007-06-26 Important Notices

http://www.ainc-inac.gc.ca/2002-templates/ssi/print_e.asp[2008-08-01 1:26:38 PM]

Map of Federal Real Properties

Lambert Conformal Conic 0 56 126 Projection NAD 83 Source: Directory of Federal Real Property Standard Parallels: 49° N and 77° 8/1/2008 1:24:50 PM Kilometres N

https://map-carte.tbs-sct.gc.ca/dfrp-rbif/map-carte/Layout-impression.aspx[2008-08-01 1:25:08 PM]