TREATies No 1 & No 2

The Signing of Treaty 1

Treaty 1, also known as the Stone Fort Treaty, was the first of the numbered treaties, and was signed between the Canadian Crown and the Anishinaabek and Muskegon/Néhinaw Nations. It was signed on August 3, 1871, at Red River in present-day Manitoba. Seven bands are part of Treaty 1, with two later signatories in 1876.

Motivations & Negotiations for Treaty 1

As the first treaty after the formation of the Canadian government and a year after Manitoba joined Confederation, Treaty 1 addressed the Anishinaabe and Néhinaw's concerns about preserving their traditional territories and rights amid the influx of settlers and changing ways of life due to the near extinction of the buffalo. The motivation for entering the Treaty was to expand westward and solidify its sovereignty, facing pressure from other nations, such as U.S. expansion and Louis Riel's provisional government. A failed 1870 attempt to sign a Treaty at Fort Frances led to a right-of-way agreement, allowing Canadian troops passage through Anishinaabe territory, driven by the need to address Riel's government and to challenge American encroachment.

The right-of-way treaty influenced Treaty 1 negotiations, as Indigenous nations believed that Canada had outstanding obligations of payment as promised in the right-of-way agreement and believed that they were entering into a Treaty relationship despite Canada believing otherwise.

Treaty 1 Terms

Treaty 1, ratified by the Governor General in Council on September 12, 1871, promised each band a reserve large enough to provide 160 acres for each family of five, $3 gratuity per person, and a $15 annual annuity for families of five. It also pledged to provide schools and prohibit liquor on reserves.

However, it soon became apparent that there was a large difference between oral promises made and those made in the written text. Despite Indian Affairs agents labeling these promises outside the written text as "outside promises," witness accounts revealed spoken agreements on agricultural support, clothing, and animals. Although complaints about these unfulfilled terms reached Lieutenant-Governor Archibald by February 1872, the federal government didn’t resolve the issue until April 30, 1875, when an order-in-council was passed. Unmet terms, including animals and equipment provision, were to be fulfilled, and the annuity was raised from three to five dollars per year.

Treaty Process

The formal process and performance of entering into a Treaty also changed in Treaty 1 and all future Treaty signings thereafter. Chiefs would shake the hand of the commissioner and touch the pen which would be written by an official indicating the seal of the agreement by the Chief or Indigenous representative. However, this was meant as a tactic of creating separation between the written treaty text and the Chiefs, as the Chiefs were extremely wary of the written text. This iconized gesture of the handshake became prominent in thinking of the nation to nation relationship built on peace, friendship and mutual benefit of the land.

The Signing of Treaty 2

As for Treaty 2, it is generally seen as an extension of Treaty 1, with the treaty texts being nearly identical. Negotiations for the treaty commenced on August 19, 1871 and culminated in a signing on August 21 of the same year. Manitoba Post (House) on the western shore of Lake Manitoba served as the pivotal location for these proceedings.

Treaty 2 covers 101, 000 sq km (25 millions acres) and the territories encompassed within this treaty include present-day regions such as Brandon, Dauphin, Melita, Minnedosa, Roblin, and Virden. This vast expanse of land stood in stark contrast to the scope of Treaty 1, nearly tripling its size and providing access to resources like timber and water.