Minds On
Treaties and Indigenous Land Rights
In this learning activity, you will be investigating several key treaties of relevance to Indigenous Peoples between 1800 and 1850.
Begin by filling out the first two sections of the following Know-Wonder-Learn (KWL) chart based on what you believe you already know about treaties, and what you wonder about treaties. At the end of this learning activity, you will return to this KWL chart and complete the final three sections.
| What I think I know | What I wonder | Confirmed | Misconceptions | New information learned |
|---|---|---|---|---|
Complete the KWL chart activity in your notebook, in the following fillable and printable document, or in a method of your choice.
Press the Activity button to access the KWL chart.
Action
What is a treaty?
A treaty is a binding agreement made between two parties. For Indigenous Peoples, the sacred and binding characteristics of a treaty are not found in the legalistic language but rather the oral agreement, and are more than mere documents or transactions, but a practice and a custom that endures over time.
For Indigenous communities, treaty deliberations were often accompanied by ceremonial components, such as smoking pipes or the exchange of a symbolic present. Treaties made between Indigenous Peoples (First Nations, Métis, and Inuit) and the government typically concern land. Indigenous Peoples were asked to share their land in exchange for payments and/or other promises. Treaties have ongoing rights, responsibilities, and obligations that need to be upheld by Indigenous communities, settler communities, and the government.
Throughout this learning activity, you will learn and independently evaluate a variety of treaties that are relevant to Indigenous and settler communities in Canada.
Before Canada was a country, treaties dominated the landscape. Between Anishinaabeg and Haudenosaunee, or Nêhiyaw and Dakota, or Muskego and Inuit, formal arrangements to share the land and undertake peaceful relations were common. We have stories of the very first treaties — treaties with the land itself (with the bear, the deer, the waters, and so on) — that stretch back thousands of years.
When settlers eventually arrived in this part of the world, they were greeted by treaty-makers.
Source: King, 2016
Mica Bay and Robinson-Huron Treaty
Press Minerals to access background information about minerals.
In 1841, geologist Douglas Houghton filed a report concluding that Lake Superior had significant mineral potential, which sparked a mineral boom in Michigan. As a result, thousands of people began to pass through Sault Ste. Marie to join the growing copper industry. In 1843, Canada appointed Joseph Wilson as a Crown Lands Agent and in 1845 Canada West issued the first mineral exploration license for Lake Superior. Canada West began to survey the land, which included an Anishinaabeg settlement (Garden River First Nation Reserve) under the leadership of Shingwaukonse.
Brainstorm
Let’s make a prediction!
What predictions can you make about the mineral-rich lands around Lake Superior? What do you think might happen next?
Press Hint to explore a prompt to help you getting started.
Press the following tabs to access and review the definitions.
Shingwaukonse immediately questioned the land surveyors, as the land they were infringing on had not been surrendered and therefore was not owned by the government. He petitioned the Governor General, insisting on a share of the mineral profits.
In 1846, a mining association was given a lease for the Mica Bay sites and proceeded to building accommodations and mine buildings with the intention to begin copper production in 1848. Aware of growing tensions, there was a call for a treaty. However, Canada West was unwilling to negotiate because of how profitable the mining industry was. They stood to gain at least $400,000 from the project, which was a lot of money back then.
In 1849, there was still no movement from the government. Three Chiefs, Shingwaukonse, Nebenaigoching, and Menissinowennin developed a petition that questioned the government’s rights and vowed to drive miners off the lands. This petition made local newspapers as the three Chiefs traveled to Montreal to meet the Governor General. As they traveled, warriors from their communities attempted to drive miners off the lands. The Chiefs were advised to refuse the treaty as they would be forced off their lands without compensation.
In November of 1849, the three Chiefs, a lawyer, and hundreds of Métis and Anishinaabeg peoples stormed the land of Mica Bay with guns and cannons. They demanded money from the mine manager, John Bonner, or to close the mine. Bonner chose to close the mine and within a few weeks all of the employees abandoned it.
Source: Hele, K. S. (2020, February 10). Mica Bay Incident. The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/mica-bay-incident.
This incident led to the creation of the Robinson-Huron Treaty.
This treaty:
- recognized Indigenous land rights and set rules for future treaties
- established annuities (yearly payments) that Indigenous communities would receive, including an “escalator clause” that stated as the profits of the mines increased, so would the payout for Indigenous Peoples
- sparked Joseph Wilson to form a company to defend Indigenous uprising
- led to an act being passed that prevented individuals from “inciting” Indigenous resistance
The failure of the government to follow this treaty, specifically the “escalator clause” has led to a land claim that is currently before the courts. Indigenous communities were originally promised $4.00 a year for the profits of the mine, and this amount has not changed since 1874, even though profits from the mine have increased, cost of living has increased, and inflation has occurred.
Explore the following “The Terms Are Not Honourable’: The Treaty at the Centre of a Centuries Long Dispute” article.
Press tvo today to access “The Terms Are Not Honourable’: The Treaty at the Centre of a Centuries Long Dispute.”
tvo today (Opens in a new tab)Review questions
Respond to the following questions using a method of your choice.
- Why have Indigenous communities taken the Federal Government to trial over the Robinson-Huron Treaty?
- What argument did the Federal Government use when defending their position?
- What barriers have prevented these Indigenous communities from speaking up sooner?
When you are finished check your responses by pressing each tab.
Answer
Indigenous communities are taking legal action because the yearly payments promised in the 1850 Robinson-Huron Treaty have not increased. Since 1874, they have remained at four dollars per person. The treaty included an escalator clause, which stated that payments should increase as the government made more money from the land through activities like mining and logging. Even though the Federal Government has earned billions of dollars from these resources, the payments did not increase. The communities are asking the court to make sure the government follows the original treaty agreement.
Answer
The Federal Government argued that the specific language in the treaty gave them the power to decide when and if payments should be increased. They argued that any increase in money was a choice for the government to make, rather than a legal obligation.
Answer
There were many different barriers that made it difficult for Indigenous communities to take legal action earlier. For example, access to courts for legal action was blocked by the Indian Act for some time, and Indigenous communities were prevented from traveling or hiring legal counsel. There are also financial barriers as communities need to acquire loans to pay for legal counsel that could be financially harmful to their community.
Test your knowledge!
Rank the following events from 1 to 5 based on the order they occurred in.
Evaluating treaties
Next, you will research a treaty and investigate its significance, impact, and how it has changed over time.
Choose one of the following treaties to explore in detail.
- Selkirk Treaty (1817)
- Huron Tract Treaty (1827)
- Saugeen Treaty (1836)
- Manitoulin Island Treaties (1836)
- Robinson-Superior and Robinson-Huron Treaty (1850)
You should consider how Indigenous Peoples were consulted in this treaty-making process, how the treaty impacted Indigenous Peoples, and if the treaty is still impactful today.
Complete the fillable and printable Treaty Research Organizer in your notebook or using the following document. If you would like, you can use speech-to-text or audio recording tools to record your thoughts.
“Treaty people”
Explore the following article “How Treaties Shaped My Life – and My Great-Great-Grandmother’s.”
Press tvo today to access “How Treaties Shaped My Life – and My Great-Great-Grandmother’s.”
tvo today (Opens in a new tab)In the article, the author writes, “Once I stopped to consider the impact of this treaty and of the 70 other historic treaties that the Government of Canada recognizes, I realized that many aspects of my life – and the lives of everyone else who lives in Canada – have been shaped by them.” Treaties detail the rights and responsibilities of both Indigenous communities and the government.
Review
Why is it important to recognize that both parties have a role in honouring treaties? Do you believe you have a role in this process?
Consolidation
Let's review
Review your ideas in your KWL chart graphic organizer from the Minds On section. Now that you have reached the end of this learning activity, complete the rest of the organizer.
Questions to consider:
- What was confirmed (accurate) about what you thought you knew about treaties?
- What misconceptions did you have (something that was different than you thought)?
- What new information did you learn?
| What I think I know | What I wonder | Confirmed | Misconceptions | New information learned |
|---|---|---|---|---|
“We are all treaty people”
"We are all treaty people” means that both parties (and all people in Canada) have an obligation to uphold the treaties. It acknowledges the roles of settlers as beneficiaries of the treaty-making process, as well as their responsibilities as treaty people on Indigenous lands, and to Indigenous Peoples. Treaties, in most areas of Canada, are the legal basis for how settlers came to live on the land today.
Respond to the following questions using the printable and fillable Review Questions document or use a method of your choice.
Reflection
As you read the following descriptions, select the one that best describes your current understanding of the learning in this activity. Press the corresponding button once you have made your choice.
I feel...
Now, expand on your ideas by recording your thoughts using a voice recorder, speech-to-text, or writing tool.
When you review your notes on this learning activity later, reflect on whether you would select a different description based on your further review of the material in this learning activity.