Treaty 2 Territory – The Crown apologized for the “great frauds and abuses” referenced in the Royal Proclamation, which had taken place over time. They sent out runners to invite Chiefs to a special assembly held at Niagara in 1764. At that meeting, the offer of the King was accepted by chiefs and headmen. The Treaty of Niagara was entered. The Two Row Wampum relationship was reaffirmed. The Covenant Chain of Friendship was polished and the tarnish removed. Peace was restored.
The terms and primary features of the treaty process following the provisions of the Royal Proclamation of 1763 and Treaty of Niagara 1764:
- the sole purpose of taking up lands was for immigration and settlement;
- the Treaty 2 did not apply to lands not taken up for Immigration and Settlement;
- no mention of original and ancestral natural resources is made in the Treaty 2;
- no mention is made in the Treaty 2 of compensation – the Queen ordered “the Government of Canada” to pay compensation for the lands taken up for immigration and settlement.
Queen Victoria informed the colonial settlers that she could not give them the land they wanted. Essentially, she said “that land is not mine to give – there will have to be Treaties with the Indians.” She set out the requirements by issuing certain Orders for the lands known as “Rupert’s Land” and “the Northwestern Territories”. She stipulated that “the Government of Canada” was required to provide compensation for any lands taken up for Immigration and Settlement. Terms of the Treaties were to be just and equitable. Lands not taken up for immigration and settlement were to remain “lands reserved for the Indians”.
At the time of treaty, it is clear that the Crown recognized the historic title of what became Treaty 2 lands by the very fact that it sought such an agreement. The Crown was well-aware that this territory possessed fertile agricultural lands and resource-rich areas.
The Anishinaabe of Treaty 2 Territory has referenced two legal opinions regarding the strength of its case set out which includes Kent McNeil and Peter Hutchins: “Cede, Release and Surrender: Let’s Face It – It Didn’t Happen Here”
The Queen’s orders to the Government of Canada were not only directive – they were imperative – they must be obeyed. The validity of the Government’s conduct is open to challenge, and in sum, lands can be taken up:
- only for settlement;
- fair compensation must be paid;
- other lands still “belong to the Indians”;
- resources and waters were not included in the Treaty.
The promise of fertile land was never fulfilled. The reserved lands are substandard for the purposes of agriculture as compared to the land provided to the settlers. The honor of the Crown was not maintained. The resources of the land were not equally shared.
If a case is made and the treaty deemed broken, Anishinaabe title would remain; therefore, a new arrangement would have to be arrived at, with the two parties aware of historical and present facts and information.
UNFINISHED TREATY BUSINESS WITH LANDS AND RESOURCES
- Compensation for lands taken up for settlement and immigration
- The provision of fertile land equal to infertile land provided as reserves; and compensation for the loss of revenue from those lands
- Compensation for lands taken up to fulfill the Crowns’ treaty obligations to other Treaty Nations
- Land Quantum – 160 acres to 640 acres
- Compensation for the sale and/or the lease of Crown lands, and for loss of use and benefit when those lands were rented or sold
- Compensation for the loss of use of land remained unsettled and unoccupied (National and Provincial parks and natural preserves)
- Dauphin Lake Treaty Reserve as stated in Treaty 2
- Treaty 2 Education System
- Compensation for lands taken up to maintain the Honor of the Crown
- Compensation for non-renewable Natural Resources taken
- Compensation for the taking of aggregate and fill from Treaty 2 lands –
- Compensation for Oil and Gas Royalties not received such as: Freeholder Oil and Gas Royalties, Crown Oil and Gas Royalties
- Compensation for Stumpage Fees collected and kept by the Provinces of Manitoba and Saskatchewan
- Compensation for Other minerals, Potash, Peat moss, Helium mined and extracted such as: Potash
- Collection of rents and taxation of industry for using or impacting Treaty 2 lands and resources
- Treaty Audit
Last modified: January 24, 2021