The Signing of Treaties 1 and 2
During the 50 years between of Métis (including James McKay as 1871 and 1921 the Dominion Gov- translator/mediator—see article on ernment of Canada negotiated 11 Page 20, “Métis Intermediaries”) and treaties with the First Nations of a crowd of other interested parties. western Canada. Southern Mani- The Dakota were not included in the toba lies in the area covered by numbered treaties because the Ca- Treaty 1 and 2. These two treaties nadian government saw them as were signed within three weeks of American refugees, not Canadian. each other and provided the tem- Over the following nine days, plate by which the following num- laborious negotiations took place as bered treaties were fashioned. the bands gathered tried to secure The treaties in western Canada the provisions that would lead to a transferred ownership of what is prosperous future and Archibald and now modern farmland to the Cana- Simpson attempted to negotiate dian Government, opening up the favourable terms for Canada. The west to settlement and agriculture. First Nations were hard bargainers There were several motives which and ultimately the Commissioners moved the Dominion government were forced to grant more than they into action to secure control over wanted. To sway negotiations at the the northwest. First of all, an un- end, some verbal promises were spoken southern threat was being made which caused a great deal of felt from the Americans; there was trouble later on. a worry that they might have their One of the most important pro- eye on the vast western lands visions that First Nations pressed claimed by the British if something hard to maintain was land. Their wasn’t done with them. Secondly, initial request was for a reserve two- the Conservative government led thirds the size of the postage-stamp by John A. MacDonald had a long- province of Manitoba. They ended time dream of building a railway nal title to the land they occupied existed and that up being granted only 160 acres per that would span the country from it ought to be dealt with before it was made avail- family of five. Some chiefs protested coast to coast. Before this could able for settlers. Canada’s only option was to settle that in addition to reserve sizes not happen, the government needed to with Native communities peacefully: they did not being adequate, the yearly allow- Native peoples of the west also com- own that land. have the military strength to force their will. ance being offered of $12 per family municated strongly that difficulties Among the native inhabitants In 1870 Adams Archibald was appointed Lieu- of five was also too low. When they of the northwest – First Nations tenant-Governor of the new province of Manitoba asked to be supplied with tools to would result if they were not negoti- and Métis – there existed a great and the North-West Territories. Archibald was not work the land, Simpson was put in ated with and compensated for the uneasiness and anxiety. They com- authorised to make agreements with concerned an awkward position because he use of their land and its resources municated strongly that difficulties First Nations, but assured them that an Indian was not authorised by the govern- prior to settlement (Miller 153) The would result if they were not nego- Commissioner would soon visit with them to nego- ment to provide provisions for agri- tiated with and compensated for tiate a treaty. cultural assistance. The result was Government also had an interest in the use of their land and its re- First Nations were not pleased with the that he was drawn into promising settling with Native communities sources prior to settlement. Yet amount of time that it took for an Indian Commis- things verbally. This assurance of peacefully they could not help but admit that sioner to come to treat with them – a full year. government assistance drastically the lifestyle that had served them They expressed great frustration with the govern- altered the mood of the negotia- for centuries would not sustain ment’s slow action. While the government delayed, tions, as oral commitments were them in the changing times they settlement encroached upon native lands, causing regarded by First Nations as being were facing. Aboriginal people increased tension. every bit a part of the treaty as the were therefore interested in secur- Wemyss M. Simpson was appointed Indian written ones. ing a more certain future for them- Commissioner in the spring of 1871 and the treaty Towards the end of the negotia- selves and generations to come. process finally commenced. The treaty negotia- tions, some bands became upset For its part, Canada recognised tions began at Fort Garry on the Red River on the and were deliberating leaving the that western Aboriginal groups 27th of July when the treaty commissioners met conference altogether. The commis- were Nations unto themselves: the with about one thousand Swampy Cree and Chip- sioners realised that a treaty would government admitted that Aborigi- pewa (Ojibway) First Nations, a substantial number not be signed without some addi-
Page 18 Vantage Points Volume III tional generous compromises. The was only prepared to fulfill the written treaty problems that rose out of the unful- terms by which the bands were con- obligations – which were already more liberal filled outside promises were only the vinced to sign included the following than they had wanted. Difficulties with the beginning of what came to define the provisions: a plough and harrow for implementation of Treaty 1 and 2 began to relationship between First Nations and each individual who settled down to arise almost immediately, as bands within the the government over the following farm; livestock to be supplied to each treaty areas realised that the government did decades. As subsequent treaties were reserve; a medal, buggy and uniform not intend to fulfill their agreement. Archibald signed, Ottawa showed increasing dis- for every chief and less elaborate wrote to Ottawa, cautioning the government interest to provide adequate provi- uniforms for two braves and two that “we must fulfill our obligations with scru- sions to First Nations to facilitate their councillors per band. Several bands pulous fidelity. The Indians successful economic would not sign the treaty until Simp- expect these promises to be They realised that a shift from subsistence son and Archibald agreed to draw up rigidly kept and it will be off the land to seden- a list of these “outside promises” as most unsafe to disappoint treaty would not be tary agriculture. This they came to be termed. A list was them.” signed without some caused enormous hard- written out after the treaty negotia- In 1872 Alexander Mor- ship among First Na- tions but was not signed – perhaps ris succeeded Archibald as additional generous tions peoples, and not even seen – by any First Nation Lieutenant-Governor and compromises sowed seeds of disap- signatories. inherited the problem of the pointment and distrust. After these verbal concessions outside promises. Morris The Numbered Treaties, were made, Treaty 1 was signed on took it upon himself to lobby on behalf of First in addition to the passage of the Indian August 3rd 1871. The document ver- Nations, believing that the signatories had Act in 1876, marked the beginning of a sion of the treaty set aside a reserve been short-changed by the government’s un- new relationship between western for the exclusive use of each band willingness to act in good faith. First Nations and the Canadian govern- which was to be a size proportionate Constant pressure on the government ment. The following decades of bu- to the population of that band. Every brought about a revision of Treaties 1 and 2 in reaucracy, residential schools and re- man, woman and child was granted a 1875. The list of oral promises recorded after source extraction continued to put gift of $3 and an annuity of the same the treaty negotiation was then taken to be a First Nations in a disadvantaged posi- amount. The treaty agreed to main- part of the official agreement. This list did not tion. It was not an arrangement that tain a school and schoolmaster on envelop all of the points of displeasure being First Nations necessarily knowingly each reserve when the band pro- pointed out by the treaty signatories, but the entered into. They hadn’t meant to fessed a desire for one. The treaty government was not prepared to fulfill provi- lose control over their lands and their also prohibited the sale of liquor on sions that had not been written down. They lives. What they had endeavoured to reserves, and promised to conduct a did admit that there had been a misunder- do was safeguard their future, not put census of all First Nations living standing, however, and as a matter of grace, it in the hands of individual Indian within the treaty boundaries. annuities were increased from $3 to $5. This Agents and bureaucrats in Ottawa. In return for these provisions the amendment was given in exchange for First Treaty 1 and 2 indicated to First Na- First Nations agreed to – in the lan- Nation silence on the subject of the outside tions that the government could not guage of the written document – promises thereafter. be trusted to act in good faith towards “cede, release, surrender and yield The process of negotiating Treaty 1 and 2 their treaty partners. up to Her Majesty the Queen” all of brought important lessons. The government First Nations communities never their land. In signing the treaty, the learned that First Nations were aggressive considered themselves “defeated” signatories pledged that they and negotiators who could not be expected to through the treaty negotiations. They their people would “maintain peace simply sign a document that had been drawn are still fighting hard to defend their between themselves and Her Maj- up by officials and put in front of them. The sovereignty. What do they want? Re- esty’s white subjects, and not inter- spect, honesty and appreciation for fere with the property or in any way their status. molest the persons of Her Majesty’s subjects.” After the signing of Treaty 1 the Commissioners travelled to Sources: Cloutier, Edmond. Treaties 1 and 2 Between Her Majesty the Manitoba Post on the northwest ex- Queen and the Chippewa and Cree Indians of Manitoba and Country Adjacent with Adhesions. Ottawa: Queen Printer tremity of Manitoba Lake to meet and Controller of Stationary, 1957. with several Ojibway bands. These Daugherty, W.E. Treaty Research Report: Treaty One and Treaty Two. Ottawa: Indian Affairs and Northern Development, bands had learned about the treaty 1983. Hall, D.J. “A Serene Atmosphere?: Treaty 1 Revisited.” Canadian signed at Lower Fort Garry and de- Journal of Native Studies. Volume IV, No 2 (1984): 321-358. sired to agree to the same provisions. Miller, J.R. Compact, Contract, Covenant. Toronto: Toronto Press st Incorporated, 2009. Treaty 2 was signed on the 21 of Morris, Alexander. The Treaties of Canada with the Indians, 1880. Toronto: Coles Publishing Company, 1971. August. In this way an area just under Talbot, Robert J. Negotiating the Numbered Treaties: An Intellec- 137,000 km² was transferred over to tual and Political Biography of Alexander Morris. Saska- toon: Purich Publishing, 2009. government control. Treasury Board of Canada Secretariat. “Treaty Areas.” (8 Apr. 2010.) Government of Canada. Retrieved 7 Oct 2002. When Ottawa received Simpson’s
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