1. Historical Basis for Treaty Land Entitlement

This is the first in a series of five articles on Treaty Land Entitlement (TLE) in Saskatchewan.

What we now recognize as the boundaries of the province of Saskatchewan were not present when First Nations signed Treaties with Canada. The land originally inhabited by the ancestors of today's Indian peoples in the then "North West Territories" was sold by the Hudson's Bay Company to the new Confederation of Canada in 1869, without recognition of Indian title. Some of the western Indian leaders were aware of this sale "over their heads" and demanded that Canada sign Treaties with them before taking over use of the land. They pointed out that the British Royal Proclamation of 1763 had set the policy of recognizing Indian title, unless Treaty or purchase released ownership. Further, the British colonial government had begun a practice of obtaining land in the east through Treaties. When the new Canadian government in Ottawa began to lay plans to acquire the prairies, they were forced by the demands of First Nations and by legal precedent to settle land issues.

The First Nations of what is now Saskatchewan were a diverse group in the 1870's, with sub-arctic Dene Indians hunting caribou in small Bands in the far northern shield, and groups of Woodland Cree hunting and trapping in the forest zones in the middle of the province. The parkland and prairie regions were occupied by Cree, Saulteaux, and Assiniboine peoples, who had adapted many features of Plains Indian life, including the use of the horse, reliance on buffalo, and the growth of a complex political system of decision-making and alliances. The waning fur trade had brought change as Nations competed for survival in an environment of diminishing food and fur resources.

Many Plains Indians resisted signing Treaties, which they believed would cost them their political freedom. Most leaders, however, recognized that their nomadic way of life would have to end as the buffalo disappeared and settlers arrived. Some Bands had already experimented with agriculture, and this new way of life, combined with education, was seen by both the Ottawa government and many Indian leaders as the way of the future. The federal government, representing the British Crown, proposed that First Nations relinquish most of their territory in return for small parcels of land, education, and assistance needed to make the transition. In exchange, First Nations exacted promises of continuing protection and assistance.

There were several Treaties signed in what is now Saskatchewan: Treaties 2, 4, 5, 6, 8 and 10 are represented here. With the exception of Treaties 2 and 5, the land allotments stated in the Treaties are one square mile per family of five, or 128 acres per person. This was to allow land sufficient for farming. It took many years for all the reserves in southern Saskatchewan to be surveyed. The period between the first signing of Treaty 4 in 1874 and the "Northwest Rebellion" of 1885 was a time of great turmoil. Many Plains groups wanted to hunt as long as possible, but the buffalo were quickly disappearing and the government held out promises of food rations under Treaty to persuade First Nations to move onto reserves and begin farming. Powerful political alliances among Indian leaders like Big Bear, Little Pine, and Piapot evoked fear among settlers that the Nations would unite and declare war.

Gradually the surveyors came, meeting with each Chief and Indian Agent and measuring reserves according to population sizes. One of the problems we struggle to understand today is how the surveyors knew how many people were in a Band in order to establish the size of a reserve. In some instances they talked with the Agents and asked how many families were in the Band, and in some cases they added a percentage of land to allow for growth, but this was always a rough guess. Present day research shows that some of the guesses were wrong, and some of the Agents gave misleading estimates of population size.

Although people had strong allegiances to their Band, at times they would travel and live with other Bands in order to find food, for social interaction, or for reasons of protection. As a result of this mobility, many families who were moving around were missed when surveys were done. These families later became regular members of Bands as reserves were set up and families chose more permanent homes. Thus some Bands did not receive all the land they were promised in the Treaties; they did not get their due of 128 acres per person.

This meant that they did not have the land base they needed to get their people established securely in farming. Many Indian people nonetheless did become farmers, and many were successful for a time. As farming on the prairies progressed, Indian farmers suffered under policies of the Indian Affairs Branch such as the pass and permit system that severely restricted travel. In many instances, Indian farmers were forced to sell their implements or eat their livestock in order to survive. Under the terms of the Indian Act, their ability to get loans and operate independently was severely restricted.

This was the first of five articles based on a series developed by the Office of the Treaty Commissioner in 1991.