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Numbered Treaties
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Map of Numbered Treaties of Canada. Borders are approximated.
Context Treaties to transfer large tracts of land from the First Nations to the Crown in return for different promises laid out in the treaty
Signed 1871–1921
Signatories Key representatives of the Canadian Crown: Adams George Archibald, Alexander Morris, David Laird, Duncan Campbell Scott, Wemyss Mackenzie Simpson, S.J. Dawson, William J. Christie, James McKay, James Macleod, James Hamilton Ross, J.A.J. McKenna, Samuel Stewart, Daniel G. MacMartin, Henry Anthony Conroy, Key representatives of First Nations groups: Crowfoot (Blackfoot Confederacy), Big Bear (Cree Nation), Chief Powassin (Ojibwe Nation), Chief Keenooshayoo (Athabasca First Nations)
Languages English

The Numbered Treaties are a series of eleven agreements signed between First Nations and the Canadian government (represented by the reigning monarch, like Queen Victoria). These treaties were signed from 1871 to 1921. They allowed the Canadian government to expand and use natural resources in areas like modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories.

Through these treaties, Canada gained large areas of land. In return, promises were made to the First Nations people living there. The exact promises varied with each treaty, depending on the specific negotiations.

These treaties happened in two main periods. The first set (Numbers 1 to 7) were signed from 1871 to 1877. They were important for European settlers moving across the Prairie regions and for building the Canadian Pacific Railway. The second set (Numbers 8 to 11) were signed from 1899 to 1921. For these later treaties, the government's main goal was to gain access to natural resources.

Today, the Canadian government still recognizes these agreements. They are managed under Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations. However, the Numbered Treaties are often discussed and are a key part of the ongoing fight for First Nations rights. The Constitution Act, 1982 protects First Nations and treaty rights under Section 35. It says, "Aboriginal and treaty rights are hereby recognized and affirmed." But this phrase was never fully explained, so First Nations often need to go to court to make sure their rights are respected, as seen in cases like R v Sparrow.

Why Were Treaties Needed?

The relationship between the Canadian government and Indigenous peoples goes back to when Europeans first arrived in North America. Over many years, agreements were made about how the government and Indigenous peoples would interact. Important documents like the Royal Proclamation of 1763 and the British North America Act, 1867 (now the Constitution Act, 1867) set the stage for how the Numbered Treaties would be created.

The Royal Proclamation of 1763

The Royal Proclamation of 1763 is seen as the start of treaty-making in Canada. It created a boundary that stopped settlers from moving beyond the Appalachian Mountains. The proclamation also set rules for how the government had to buy land from First Nations. This was done to prevent future conflicts after uprisings from leaders like Pontiac and other First Nations groups.

The Royal Proclamation stated that only the British Crown could buy land from First Nations. A key rule was that First Nations people had to be informed and attend public meetings about land purchases.

The British North America Act of 1867

When the British North America Act 1867 was passed, it divided power between the federal government and the provinces. The federal government became responsible for First Nations people, including their healthcare, education, and property rights. The Canadian government took over from the British Crown in managing First Nations land transfers in the 1800s.

Both the Royal Proclamation and the British North America Act influenced how the government and First Nations negotiated. They prepared the way for future agreements, including the Numbered Treaties, which began in 1871 with Treaty 1.

Why Did Treaties Begin?

Negotiations for the Numbered Treaties started in 1871. The first seven treaties involved First Nations living on the prairies. The later treaties (from 1899 to 1921) involved those living further north. Each treaty described a specific area of land that was traditionally used by the First Nations signing that treaty. For Canada, these treaties were a necessary step before new settlements and development could happen further west. No two treaties were exactly alike, as they depended on the specific conditions of each area.

Government Goals for Treaties

After Canada became a country, the new government wanted to expand its borders across the continent. There was a concern that the United States would expand quickly, leaving Canada with limited land for farming, economic growth, and resource use. West of Ontario was Rupert's Land, a fur trading territory controlled by the Hudson's Bay Company.

The Canadian government wanted to gain full control of this region. They passed the Rupert's Land Act 1868 in 1868 and the North-Western Territory Transfer Act in 1870. Even though the government bought the land from the Hudson's Bay Company, this only gave them political control, not full use of the land.

One condition for British Columbia to join Canada was the building of the Canadian Pacific Railway. This huge project would cross the newly acquired land and go through First Nations territory. Canadian law, based on the Royal Proclamation, recognized that First Nations had rights to the land they lived on before Europeans arrived. To meet British Columbia's request and the growing need for land, treaties had to be made with First Nations in the interior.

Similarly, later treaties were only made when the land became useful for government purposes. For example, when gold was found in the Klondike in the 1890s, Treaty 8 was created. This was done to ease tensions between First Nations and miners. Even though First Nations in the Mackenzie River Valley needed help before the 1920s, treaties were not implemented until a lot of oil was discovered there. The Canadian government pushed for treaties in the north only when there was potential for development. For political and economic reasons, the government quickly put treaties in place, sometimes without fully considering the well-being of First Nations.

First Nations Reasons for Treaties

For Treaties 1 to 7, some First Nations resisted the treaty process, fearing it would bring many settlers. However, many also saw it as a way to get much-needed help. First Nations at this time were facing difficulties like disease, famine, and conflict. Diseases such as smallpox and tuberculosis greatly reduced their populations. For example, the Tsuu T'ina population dropped significantly in the 1800s.

They also suffered from famine because the buffalo, a vital food source, were almost gone. They were eager to receive food aid and other assistance from the government, which they believed would come with the treaties. Some First Nations also wanted to ensure they would receive education through the treaties. Education was important to them because their traditional way of life was changing quickly. They hoped education would help preserve their culture and ensure their children's success in a new West. In the northern regions, First Nations faced similar problems but had to lobby the Canadian government for years before treaties were negotiated. When these treaties finally happened, the focus was on getting materials needed for survival.

How Treaties Were Made

Unlike earlier treaties that included both First Nations and European traditions, the Numbered Treaties were conducted in a mostly British way. First Nations were given translators, who were either European or Métis. These translators were supposed to explain what was being said during discussions.

There was a big difference between the written documents used by government officials and the oral traditions used by First Nations communities during negotiations. This is shown in diaries, like those of Indian commissioner Duncan Campbell Scott, who wrote detailed accounts of negotiating Treaty 9 through Treaty 11.

Some First Nations people claim that Alexander Morris did not mention the "surrender clause" in the treaty text during the Treaty 6 negotiations. This led to misunderstandings. Evidence also comes from the few written notes by First Nations chiefs. For example, during Treaty 3 negotiations, Chief Powasson took detailed notes, which show differences in understanding due to the language barrier.

The specific words used during negotiations and in the treaties are also points of disagreement. Commissioners sometimes used language that seemed to appeal to First Nations traditions, calling them "children" and the Crown "Queen Mother." This implied that First Nations would always be protected and enjoy their freedom. To finalize the treaties, references to nature were used, like, "You will always be cared for, all the time, as long as the sun walks." This was meant to reassure First Nations people.

These treaty copies are kept at the Bruce Peel Special Collections at University of Alberta Library. Each is printed on parchment with black and red text and a blue and red border.

List of Numbered Treaties

Here is information about each Numbered Treaty, including when and where it was signed, who signed it, who was affected, and a brief summary of what each group received.

Treaty number First signed on Location Major treaty signers Those affected Brief summary
Treaty 1 3 August 1871 Lower Fort Garry, Fort Alexander Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner) Chippewa Tribe, Swampy Cree Tribe, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land and money, farming tools, education.

Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reserves

Treaty 2 21 August 1871 Manitoba Post Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner) Chippewa Tribe of Indians, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land and money; farming tools; education.

Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reserves

Treaty 3 3 October 1873 Northwest Angle of the Lake of the Woods Alexander Morris (Lieutenant Governor), S.J. Dawson (Indian Commissioner) The Saulteaux Tribe of the Ojibwe Indians and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves

Treaty 4 15 September 1874 Fort Qu'Appelle, Fort Ellice, Swan Lake, Fort Pelly, Fort Walsh Alexander Morris (Lieutenant Governor), William J. Christie (Indian Commissioner) The Cree and Saulteaux Tribes of Indians, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for gunpowder, shot, bale, and fishing net twine totalling $750/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves.

Treaty 5 20 September 1875 (adhesions in February 1889) Beren's River, Norway House, Grand Rapids Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner) The Saulteaux and Swampy Cree Tribes of Indians, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for gunpowder, shot, bale, and fishing net twine totalling $300/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; and full control of schooling on reserves.

Treaty 6 28 August 1876 (adhesion 9 September 1876, and February 1889) Fort Carlton, Fort Pitt Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner), William J. Christie (Indian Commissioner) The Plain and Wood Cree Tribes of Indians, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for gunpowder, shot, bale, and fishing net twine totalling $1500/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada; medicine chest clause is implemented; additional assistance is available for pestilence or famine relief

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of healthcare on reserves through the medicine chest initiative.

Treaty 7 22 September 1877 "Blackfoot Crossing" of the Bow River, Fort Macleod David Laird (Government Official), James Macleod (Indian Commissioner), The Blackfoot, Blood, Piegan, Sarcee, Stony, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for ammunition totalling $2000/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; have right to build and maintain infrastructure on reserves; salary is allocated to hire a school teacher for reserve school.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves.

Treaty 8 8 July 1899 (adhesions until 1901) Lesser Slave Lake, Peace River Landing, Fort Vermilion, Fond-du-Lac, Dunvegan, Fort Chipewyan, Smiths Landing, Fort McMurray, Wapiscow Lake David Laird (Treaty Commissioner), J.H. Ross (Treaty Commissioner), J.A.J. McKenna (Treaty Commissioner) The Cree, Beaver, Chipewyan, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; money is set aside to hire school teachers as needed.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with their consent.

Treaty 9 6 November 1905 Osnaburg, Fort Hope, Marten Falls, Fort Albany, Moose Factory, New Post, Abitibi, Matachewan, Mattagami, Flying Post, New Brunswick House, Long Lake Duncan Campbell Scott (Treaty Commissioner), Samuel Stewart (Treaty Commissioner), Daniel G. MacMartin The Ojibway, Cree, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; money for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; funds to hire teachers, construct schools, and purchase supplies are available, but with Canada's authorization.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; full control funds for education.

Treaty 10 7 November 1906 Île-à-la-Crosse, Lac du Brochet J.A.J. McKenna (Treaty Commissioner) The Chipewyan, Cree, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and money; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; unspecified amount of ammunition and twine distributed as government sees fit; provision for childhood education; furnishings for agricultural assistance

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.

Treaty 11 27 June 1921 until 22 August 1921 Northwest Territories; Fort Providence, Fort Simpson, Fort Wrigley, Fort Norman, Good Hope, Arctic Red River, Fort McPherson, Fort Liard, Fort Rae Duncan Campbell Scott (Governor General/Major Signer), Henry Anthony Conroy (Indian Commissioner) The Slavey, Dogrib, Loucheux, Hare, and other Indians, inhabitants of the territory within the limits hereinafter First Nations receive: Limited reserve land, and money; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; provision for childhood education; furnishings for agricultural assistance; have right to build and maintain infrastructure on reserves; provision for childhood education; each family receives $50 annually for fishing twine and trapping; distribution of agricultural assistance possible.

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with permission; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.

Different Views on the Treaties

The Government's Perspective

The Canadian government's main goals were expansion and change. The treaties allowed the fur trading territories to become new settler societies. The written terms of the treaties stated that the government wanted "peace and goodwill" between First Nations and the Crown.

From the government's point of view, treaties were an agreement to exchange First Nations land for "bounty and benevolence." This language made First Nations people seem like they were under the government's protection. With these agreements, Canada could expand west and north. Also, First Nations could transition into a new economy. Instead of a nomadic lifestyle, they could adapt to a Western settlement society through farming and other businesses. For treaty makers, the treaties were a beneficial trade of land and identity.

First Nations' Perspective

Initially, First Nations people felt the treaties could meet their communities' needs. They hoped the treaties would build mutual respect and understanding between themselves, the Crown, and all people in Canada.

Throughout the treaty signings, First Nations believed their agreements would last forever. For example, during the signing of Treaty 6, a pipe ceremony was held before the signing. This ceremony meant that only the truth was to be spoken during negotiations.

Effects and Violations of the Treaties

Many First Nations groups felt that the Numbered Treaties were rushed and disorganized. They believed the treaties limited their traditional way of life and led to poor results because promises were not kept. Because of the treaties, Canada was seen as an oppressive colonizer. This was mainly because the government seemed more interested in changing First Nations groups than in negotiating and working with them.

Some of the main effects of the Numbered Treaties for First Nations included limited money for education and supplies (like fishing net twine). They also received very little land for reserves. After signing the treaties, Canada gained control over many parts of society. This included schooling, resource use, land use, and rules for social issues.

The Canadian government also broke many treaty terms. For example, by creating residential schools and forcing education, the government went against the treaty agreements about schooling. Many First Nations were given less reserve land than they were promised. This led to many Indigenous land claims based on treaty rights.

First Nations also felt the agreements were dishonored when their traditional ways of governing were removed. They became "wards of the state," meaning they were under government control. Also, Indian agents began to control the sale of their seeds and livestock. More rules and policies were put in place that controlled First Nations' lives beyond what was originally agreed upon in the treaties.

The American Indian Movement in the 1960s argued that the treaties were not valid because:

  • They were forced, so they were not agreements between equal partners.
  • The government broke them many times, especially with the residential school system and resource extraction.
  • They were not agreed upon by the lawful hereditary chiefs, and often without the involvement of women, who traditionally had final authority.

First Nations leaders like Plains Cree chiefs Pitikwahanapiwiyin (Pound Maker) and Mistahimaskwa (Big Bear) actively protested the broken promises. To gain control and pressure First Nations, government officials sometimes used difficult environmental conditions like widespread illnesses and food shortages. They also used unfair tactics like arresting and jailing leaders. This was done to control First Nations who kept protesting the broken promises, attacks on their independence, and the taking of land.

Treaty Legacy Today

In 1981, all Canadian provinces except Quebec agreed to change the constitution. This change included a restatement of the rights of Indigenous peoples in Canada, as set out by earlier treaties (Chapter 35). Later attempts to make Quebec happy with certain constitutional rules, like recognizing Quebec as a "distinct society," failed partly because First Nations opposed them.

Many Indigenous leaders saw this as a chance to get more rights and recognition. They had been campaigning for these changes since the process of bringing the Canadian constitution home began in the 1970s. When only Newfoundland and Manitoba had not yet signed the Meech Lake Accord, First Nations groups in Manitoba took action. With the help of Elijah Harper, then Chief of the Red Sucker Lake First Nation and a member of the Manitoba Legislative Assembly, they managed to delay the agreement. This delay caused the bill to fail, effectively "killing" the Meech Lake Accord.

Later, during the 1995 Quebec independence referendum, there were different views. People debated the rights of provinces and Indigenous nations to leave or stay with Canada. However, it was never disputed that First Nations would have to willingly agree with their treaty partner, the Canadian Crown, to change the treaties.

In 2010, Canada signed the United Nations Declaration on the Rights of Indigenous Peoples. In 2011 and 2012, the United Nations criticized the Canadian government regarding the Attawapiskat community. In 2012, in Daniels v. Canada, the Federal Court of Canada ruled that 200,000 First Nations people living off-reserve and 400,000 Métis were also "Indians" under a part of the Constitution Act, 1867. However, these groups did not have formal representation at the Assembly of First Nations. The federal government had previously assumed the Assembly spoke for all "Indians."

In 2012, the Idle No More movement and a hunger strike by Attawapiskat First Nation Chief Theresa Spence brought public attention back to the idea that treaties allow for direct appeals to the Crown. Chief Spence demanded direct attention from the Crown to the government's attempt to remove federal oversight of lands and waters and environmental issues. After an agreement was reached by opposition parties to end Chief Spence's hunger strike, the legal idea of direct Crown appeal was strongly supported by interim Liberal Party of Canada leader Bob Rae and others. Idle No More also shared its legal analysis through Pamela Palmater. Her analysis was similar to that of Matthew Coon Come. He summarized the Grand Council of the Crees' position on Quebec's desire to leave Canada and take First Nations territory with it. Both their analyses highlight the need for treaties to be renegotiated willingly between equal partners. They also stress that there should always be a way to appeal to the Crown.

See also

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