Spirit and Intent of The James Bay Treaty No. 9
The First Nations’ Understanding of the Treaty
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The Crown’s Promise
In an interview of Robert Laurence, a witness to the making of Treaty No. 9 in 1906 at Mattagami, he said the following:
“They came in here with their big canoes, flags flying, and Mounted Police and all this kind of stuff, and make a great thing about the Great White Father and how they were going to look after and protect them.”1
1 Interview by Jim Morrison, Sault Ste. Marie
The Verbal Treaty
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The Treaty was Explained in Simplified Terms
DUNCAN CAMPBELL SCOTT: SCRIBNER’S MAGAZINE 1906
“They were to make certain promises and we were to make certain promises but our purpose and our reasons were alike unknowable. What could they grasp of the pronouncement on the Indian tenure which had been delivered by the law lords of the Crown, what of the elaborate negotiations between a dominion and a province which had made the treaty possible, what of the sense of traditional policy which brooded over the whole? Nothing. So there was no basis for argument. The simpler facts had to be stated, and the paternal idea developed that the King is the great father of the Indians, ever watchful over their interests, and ever compassionate.”
Photo courtesy Library and Archives Canada C-3187
QUOTES FROM THE COMMISSIONERS’ JOINT REPORT ON THE MAKING OF TREATY NO. 9
At Fort Hope:
“…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 with the consent of their tribe and of the Government.”
At Martin’s Falls:
“…The Treaty, after due explanation, was signed and the payment made immediately.”
At Moose Factory:
“When the points of the Treaty were explained to them they expressed their perfect willingness to accede to the terms and conditions.”
Question: Was the full text of the Treaty interpreted and read out loud to the people?
They Promised to Take Care of Us
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Oral vs. Written Treaty
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Our Understanding of The Treaty
Mr. Frank McKay Royal Commission on Aboriginal Peoples, Dec. 1, 1992
“The Treaty must be implemented in the spirit in which it was made from the viewpoint of our people. Our elders tell us that the agreement was to share the land with the newcomers, not to surrender it for a handful of beads and a few scraps of land. It is inconsistent with our long history and our fundamental philosophy to suggest that our grandfathers would trade the birthright of their unborn grandchildren for a few trade goods and the confines of a reserve on some useless piece of land.”…
Interview with Elder David Sutherland of Winisk
David: We were told the government would look after us, support us at all times and not deceive us. They told us this so we would readily agree.
There was discussion about the land. A reserve was talked about.
Priest: What did he say?
David: A portion of land was reserved for the people and this land alloted was where the people would live. A portion of land was blocked off so that no one could enter.
Priest: Why was it considered a reserve?
It was reserved for the people when they can no longer trap and not all the people will be able to enter there. Some people will enter the non-status society, but all status members will be able to enter the reserve.
Elder Emelda Nakogee Attawapiskat translated by Anastasia Wheesk, Dec. 1 1987
“When the natives gave up their land by signing the agreement, it was said that the government agreed to provide free medical care and free education for their children. The government also said that the natives will not lose their land nor their traplines. These will belong to them to teach their children traditionally.”