Treaty 3
Encyclopedia
Treaty 3 was an agreement entered into on October 3, 1873, by the Ojibway Nation and Queen Victoria
. The treaty ceded a vast tract of Ojibway territory, including large parts of what is now northwestern Ontario
and a small part of eastern Manitoba
, to the Government of Canada. Treaty 3 also provided for rights for the Métis
and other Ojibway, through a series of adhesions signed over the next year.
between the Crown
and North American First Nations
. Despite being the third of these treaties it is in fact more historically significant in that its text and terms served as the model for the remainder of the numbered treaties. Treaties 1 and 2 covered an area about the same size and in fact had to be amended to reflect some of the developments arising out of the negotiation of Treaty 3. At the time that it was negotiated it was anticipated that the terms of Treaty 3 would serve as a model for future treaties and would require the amendment of Treaties 1 and 2 [Letter from Minister of the Interior Campbell to Lieutenant-Governor Morris, 5 August 1873, Public Archives of Canada ("PAC"), RG10, vol. 1904].
Treaty 3 has particular historical significance because of the litigation that ensued between the Crown in Right of Ontario
and the Crown in Right of Canada
over the significance of the treaty and the respective roles of Canada and the provinces in relation to aboriginal peoples. The first of these cases is the St. Catharines Milling v. The Queen [(1888), 14 App. Cas. 65 (P.C.)] which dealt with the question of the ownership of lands subject to a treaty (a question that was decided in favour of the Province). The second, A.G. (Canada) v. A.G. (Ontario), [(1910) A.C. (P.C.)], dealt with the question of whether or not Ontario had to indemnify Canada for the expenses incurred in negotiating the treaty and the ongoing costs of fulfilling the treaty obligations. Canada lost this case as well with the Supreme Court of Canada and the Privy Council holding that Canada was responsible for Indian affairs and the welfare of Indians and that the treaty had been negotiated to achieve broad national purposes (such as the building of the transcontinental railway) rather than to benefit Ontario. The significance of these decisions is still a matter of discussion in the Canadian courts.
Treaty 3 is also significant as there exists a written record of the native peoples understanding of the treaty. This is known as the Paypom document. It is a series of notes that were written for Chief Powassin during the treaty negotiations, and documents the promises that were made to the First Nations people. The promises in the Paypom document differ in a number of ways from the printed version available from the Canadian government.
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
. The treaty ceded a vast tract of Ojibway territory, including large parts of what is now northwestern Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
and a small part of eastern Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, to the Government of Canada. Treaty 3 also provided for rights for the Métis
Métis people (Canada)
The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...
and other Ojibway, through a series of adhesions signed over the next year.
Treaty 3
It was the third in a series of eleven numbered treatiesNumbered Treaties
The numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...
between the Crown
Monarchy in Canada
The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...
and North American First Nations
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
. Despite being the third of these treaties it is in fact more historically significant in that its text and terms served as the model for the remainder of the numbered treaties. Treaties 1 and 2 covered an area about the same size and in fact had to be amended to reflect some of the developments arising out of the negotiation of Treaty 3. At the time that it was negotiated it was anticipated that the terms of Treaty 3 would serve as a model for future treaties and would require the amendment of Treaties 1 and 2 [Letter from Minister of the Interior Campbell to Lieutenant-Governor Morris, 5 August 1873, Public Archives of Canada ("PAC"), RG10, vol. 1904].
Treaty 3 has particular historical significance because of the litigation that ensued between the Crown in Right of Ontario
Monarchy in Ontario
By the arrangements of the Canadian federation, Canada's monarchy operates in Ontario as the core of the province's Westminster-style parliamentary democracy. As such, the Crown within Ontario's jurisdiction is referred to as the Crown in Right of Ontario, Her Majesty in Right of Ontario, or the...
and the Crown in Right of Canada
Monarchy in Canada
The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...
over the significance of the treaty and the respective roles of Canada and the provinces in relation to aboriginal peoples. The first of these cases is the St. Catharines Milling v. The Queen [(1888), 14 App. Cas. 65 (P.C.)] which dealt with the question of the ownership of lands subject to a treaty (a question that was decided in favour of the Province). The second, A.G. (Canada) v. A.G. (Ontario), [(1910) A.C. (P.C.)], dealt with the question of whether or not Ontario had to indemnify Canada for the expenses incurred in negotiating the treaty and the ongoing costs of fulfilling the treaty obligations. Canada lost this case as well with the Supreme Court of Canada and the Privy Council holding that Canada was responsible for Indian affairs and the welfare of Indians and that the treaty had been negotiated to achieve broad national purposes (such as the building of the transcontinental railway) rather than to benefit Ontario. The significance of these decisions is still a matter of discussion in the Canadian courts.
Treaty 3 is also significant as there exists a written record of the native peoples understanding of the treaty. This is known as the Paypom document. It is a series of notes that were written for Chief Powassin during the treaty negotiations, and documents the promises that were made to the First Nations people. The promises in the Paypom document differ in a number of ways from the printed version available from the Canadian government.
Signatory First Nations
- Big Grassy First Nation - Morson, Ontario
- Big Island First Nation - Morson, Ontario
- Buffalo Point First NationBuffalo Point First NationBuffalo Point First Nation is an Ojibwa or Saulteaux band government located in southeastern corner of Manitoba, along the shores of Lake of the Woods. It is bordered largely by the unorganized portion of Division No. 1, Manitoba. It also has smaller borders with the Rural Municipality of Piney, as...
- Buffalo Point, Manitoba - Couchiching First NationCouchiching First NationThe Couchiching First Nation is a Saulteaux First Nation in the Canadian province of Ontario, who live on the Couchiching 16A and Agency 1 reserves in the Rainy River District near Fort Frances....
- Fort Frances, OntarioFort Frances, OntarioFort Frances is a town in, and the seat of, Rainy River District in Northwestern Ontario, Canada. The population as of the 2006 census was 8,103 and Fort Frances' population peaked in 1971 at 9,947... - Eagle Lake First Nation - Migisi Sahgaigan, Ontario
- Grassy Narrows First NationAsubpeeschoseewagongAsubpeeschoseewagong First Nation is an Ojibwa First Nation located 80 km north of Kenora, Ontario. Their landbase is the 4145 ha English River 21 Indian Reserve...
- Grassy Narrows, Ontario - Iskatewizaagegan 39 First Nation - Shoal Lake, Ontario
- Lac des Mille Lacs First Nation - Thunder BayThunder Bay-In Canada:Thunder Bay is the name of three places in the province of Ontario, Canada along Lake Superior:*Thunder Bay District, Ontario, a district in Northwestern Ontario*Thunder Bay, a city in Thunder Bay District*Thunder Bay, Unorganized, Ontario...
, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... - Lac La Croix First NationLac La Croix First NationLac La Croix First Nation is a Saulteaux First Nation located in Rainy River District in northwestern Ontario, Canada, along the Ontario-Minnesota border. It is approximately 200 km northwest of Thunder Bay, Ontario...
- Fort Frances, OntarioFort Frances, OntarioFort Frances is a town in, and the seat of, Rainy River District in Northwestern Ontario, Canada. The population as of the 2006 census was 8,103 and Fort Frances' population peaked in 1971 at 9,947... - Lac Seul First NationLac Seul First NationLac Seul First Nation is located on the southeastern shores of Lac Seul, northeast of the city of Dryden, Ontario. Though Lac Seul First Nation is a treaty signatory to Treaty 3, the First Nation is a member of the Independent First Nations Alliance, a regional tribal council and a member of the...
- Hudson, OntarioHudson, Kenora District, OntarioHudson is an unincorporated place and community in the municipality of Sioux Lookout, Kenora District in northwestern Ontario, Canada. It is located on Lost Lake on the English River in the Nelson River drainage basin.-History:... - Naicatchewenin First NationNaicatchewenin First NationThe Naicatchewenin First Nation, also known as the Anishinaabeg of Nagaajiwanaang and formerly known as Northwest Bay First Nation, inhabited a region in Ontario that was cited in the Northwest Angle Treaty of 1873, also known as Treaty 3. Nagaajiwanaang is located approximately northwest of Fort...
- Devlin, Ontario - Naotkamegwanning First NationNaotkamegwanning First NationNaotkamegwanning First Nation, formerly known as Whitefish Bay First Nation and known in the Ojibwe language as Ne-adikamegwaning , is an Ojibwa or Ontario Saulteaux First Nation located in Kenora District, Ontario near Sioux Narrows of Lake of the Woods.Total registered population in September,...
- Pawitik, Ontario - Nigigoonsiminikaaning First NationNigigoonsiminikaaning First NationNigigoonsiminikaaning First Nation, formerly known as the Nicickousemenecaning First Nation and as the Red Gut First Nation, is a Saulteaux First Nation located on the banks of Rainy Lake of the Rainy River District in Northwestern Ontario, Canada...
- Fort Frances, OntarioFort Frances, OntarioFort Frances is a town in, and the seat of, Rainy River District in Northwestern Ontario, Canada. The population as of the 2006 census was 8,103 and Fort Frances' population peaked in 1971 at 9,947... - Northwest Angle 33 First NationNorthwest Angle 33 First NationNorthwest Angle 33 First Nation is an Ojibwa or Ontario Saulteaux First Nation located in Kenora District, Ontario near Sioux Narrows of Lake of the Woods.Total registered population in September, 2007, was 438, of which the on-reserve population was 187...
- Kenora, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... - Northwest Angle 37 First Nation - Sioux Narrows, Ontario
- Obashkaandagaang Bay First Nation - Keewatin, Ontario
- Ochiichagwe'Babigo'Ining Ojibway NationOchiichagwe'Babigo'Ining Ojibway NationOchiichagwe'Babigo'Ining Ojibway Nation, formerly but still commonly—and incorrectly—known as the Dalles First Nation, is an Ojibwa or Ontario Saulteaux First Nation located in Kenora District, Ontario near Sioux Narrows of Lake of the Woods....
- Kenora, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... - Onigaming First Nation - Nestor Falls, Ontario
- Rainy River First Nations - Emo, OntarioEmo, OntarioPopulation trend:* Population in 2006: 1305* Population in 2001: 1331* Population in 1996: 1366* Population in 1991: 1275-Emo Walleye Classic:The Emo Walleye Classic is a two-day catch and release fishing tournament held annually in Emo, during the final week of May each year...
- Ojibway Nation of Saugeen First NationOjibway Nation of Saugeen First NationOjibway Nation of Saugeen is an Ojibwa First Nation in the Canadian province of Ontario. The Nation is located in the Thunder Bay District, approximately 20 kilometres northwest of Savant Lake...
- Savant Lake, OntarioSavant Lake, OntarioSavant Lake is an unincorporated place and community in Unorganized Thunder Bay District in northwestern Ontario, Canada.-Transportation:Savant Lake is on Ontario Highway 599, roughly halfway between Ignace and Pickle Lake... - Seine River First NationSeine River First NationSeine River First Nation is an Ojibwe nation located roughly 300 km west of Thunder Bay, Ontario....
- Mine Centre, Ontario - Stanjikoming First Nation - Fort Frances, OntarioFort Frances, OntarioFort Frances is a town in, and the seat of, Rainy River District in Northwestern Ontario, Canada. The population as of the 2006 census was 8,103 and Fort Frances' population peaked in 1971 at 9,947...
- Shoal Lake 40 First NationShoal Lake 40 First NationShoal Lake 40 First Nation is an Ojibwa or Ontario Saulteaux First Nation located in the Eastman Region of Manitoba and the Kenora District of Ontario. The total registered population in August 2011 was 568, of which the on-reserve population was 266...
- Shoal Lake, Ontario - Wabauskang First Nation - Ear Falls, OntarioEar Falls, OntarioEar Falls is a small settlement and township located in Northwestern Ontario, Canada, on the right bank of the English River near the outlet of Lac Seul...
- Wabigoon Lake First Nation - Dryden, OntarioDryden, OntarioDryden is the second-largest city in the Kenora District of Northwestern Ontario, Canada, located on Wabigoon Lake. It is the smallest community in the province of Ontario designated as a city...
- Wauzhusk Onigum First Nation - Kenora, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
- Wabaseemoong Independent NationsWabaseemoong Independent NationsWabaseemoong Independent Nations or more fully as the Wabaseemoong Independent Nations of One Man Lake, Swan Lake and Whitedog, is a Ojibway First Nation located 120 km northwest of Kenora, Ontario and east of the Ontario-Manitoba border of northwestern Ontario, Canada...
- Whitedog, Ontario
External links
- Canadian Government Version - Treaty 3 text
- Paypom document- Original set of notes made for Chief Powasson at the signing of the treaty.