Treaty Texts - Treaty No. 9

The James Bay Treaty - Treaty No. 9 (Made in 1905 and 1906) and Adhesions Made in 1929 and 1930

Layout is not exactly like original
Transcribed from:

Reprinted from the edition of 1931 by © Roger Duhamel, F.R.S.C.
Queen's Printer and Controller of Stationery
Ottawa, 1964

Cat. No.: Ci 72-0964
IAND Publication No. QS-0577-000-EE-A-1

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 18th. 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:

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.

We have the honour to be, sir,
Your obedient servants,
DUNCAN C. SCOTT,
SAMUEL STEWART,
DANIEL G. MACMARTIN,
Treaty Commissioners.

*Mr. D.G. MacMartin

Schedule of Reserves - Treaty No. 9 - 1905

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.

We have the honour to be, sir,
Your obedient servants,

DUNCAN C. SCOTT,
SAMUEL STEWART,
DANIEL G. MACMARTIN,
Treaty Commissioners.

Schedule of Reserves - Treaty No. 9 - 1906

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.

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.

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:

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,

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:

1. 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.
2. That the following reserves situated in the area referred to in the preceding paragraph(a) be approved and confirmed.
   1. Osnaburg, North side Albany river, 53 square miles.
   2. Fort Hope, 100 square miles.
   3. Marten Falls, 30 square miles
   4. Fort Albany, 140 square miles.

• These reserves having been duly surveyed and plans of same filed some years ago.

3. That all the new reserves hereinafter roughly described and shown coloured black on accompanying map (marked Schedule "B") be approved and confirmed.
4. 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:

1. 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.
2. 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.
3. 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.
4. 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"