Numbered Treaties

1871–1921 treaties between Canada's government and First Nations

The Numbered Treaties (or Post Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty. These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the development of the Canadian Pacific Railway. In the second wave, resource extraction was the main motive for government officials. Today, these agreements are upheld by the Government of Canada, administered by Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations. They are often criticized and are a leading issue within the fight for First Nation rights. The Constitution Act, 1982 gave protection of First Nations and treaty rights under Section 35. It states: "Aboriginal and treaty rights are hereby recognized and affirmed." This phrase was never fully defined. As a result, First Nations must attest their rights in court as the case in R v Sparrow.

Negotiation of the Numbered Treaties began in 1871. The first seven affected those living on the prairies, while the remaining were negotiated at a later time between 1899 and 1921 and concerned those living further north. Each treaty delineates a tract of land which was thought to be the traditional territory of the First Nations signing that particular treaty. For Canada it was a necessary step before settlement and development could occur further westward. No two treaties were alike, as they were dependent upon specific geographic and social conditions within the territory being addressed.

After confederation, the newly formed Dominion of Canada looked to expand its borders from sea to sea. There was a fear amongst the population that rapid expansion from the United States would leave the country cornered with limited arable land, lack of opportunity for economic growth, and resource extraction. To the west of Ontario was Rupert's Land, fur trading territory operated by the Hudson's Bay Company since 1670, which contained several trading post and some small settlements, such as the Red River Colony. During the first session of Parliament many called for the annexation of the territory and letters were sent to the British Monarchy suggesting that "it would promote the prosperity of the Canadian people, and conduce to the advantage of the whole Empire if the Dominion of Canada were extended westward to the shore of the Pacific Ocean". In the following years, negotiations took place to acquire full control of the region with the creation of the Rupert's Land Act of 1868 and the North Western Territory Transfer Act of 1870. Even though the government acquired the land from the Hudson's Bay Company, they failed to have full control and use of the land; this transfer solely provided sovereignty over the area. One of the conditions to ensure British Columbia would join Confederation at the time was the construction of the Canadian Pacific Railway to connect it to the rest of the nation. This major infrastructure project would have to go through the interior of the newly acquired land and through First Nation territory. Canadian law, as set out in the Royal Proclamation, recognized that the First Nations who inhabited these lands prior to European contact had title to the land. In order to satisfy British Columbia's request and the growing need for land by eastern settlers and new immigrants, treaties had to be created with the First Nation people in the interior. Similarly, the later treaties of the turn of the century were not conducted until the land was useful for government purposes. When gold was discovered in the Klondike in the 1890s, Treaty 8 was established in the hopes of quelling tensions and conflicts between First Nations of the northern reaches and miners and traders. Despite the fact that First Nations people of the Mackenzie River Valley were in economic need well before the 1920s, it was not until an abundance of oil was found that treaties needed to be implemented. The Government of Canada lobbied for treaties in the north only when potential development could be supported in the region. For political and economic reasoning, the Government of Canada hastily put treaties into place without regards to First Nation well being.

With Treaties 1–7, there was some resistance from members of the First Nations to the treaty process and growing anxiety that it would allow a flood of settlers, but many saw it as a way to secure much needed assistance. The First Nations at this time were suffering due to the changing dynamics of the west including disease, famine, and conflict. First Nations people were being decimated by disease, specifically smallpox, and tuberculosis which had catastrophic ramifications for several groups. Tsuu T'ina for example were decimated by Old World disease. Their population fell from several thousand to only 300 to 400 remaining within the 1800s. They began to suffer from famine due to the near extinction of the buffalo. Active participation in selling pemmican and hide in the fur trade, in addition to hunting for personal sustenance, meant that those living on the plains lacked a vital food source to maintain their livelihood.<! Some First Nation groups also sought to ensure some form of education would be provided to them through the implementation of the treaties. Education was crucial to the First Nations because their cultural way of life was diminishing around them quite rapidly. They believed that the promise of education would not only help curb the loss of culture but also ensure their children's future success in a new developed West. In the northern regions of this land that was not covered by any treaty, the First Nations were suffering from similar issues, but had to continue to lobby the Canadian government for years before treaties were negotiated. A focus on materials needed for survival was placed when they did finally occur.

Unlike previous treaties, which included both First Nations and European tradition, the numbered treaties were conducted in a purely British diplomatic manner. First Nations were given translators, either of European or Métis descent, who were to translate what was being said during the discussions. What can be seen here is a significant difference between the written documents used by government officials of the time, and the oral traditions used by the First Nations communities throughout the negotiation process. This reality is proven through diaries like those of the Indian commissioner, Duncan Campbell Scott, who wrote a detailed account of negotiating Treaty 9 through Treaty 11. There are also claims from First Nations people that Alexander Morris failed to mention the surrender clause in the treaty text at the negotiations for Treaty 6, leading to miscommunication between the two groups. Evidence can also be found amongst the few written documents of the time by First Nations chiefs; during Treaty 3 negotiations, Chief Powasson took detailed notes during the negotiations, which shows the differences in understanding of what was being offered during the talks because of the language barrier. The use of specific wording during the negotiations and within the treaties are also points of contention. The language used by the commissioners during the numbered treaties negotiations addressed First Nations tradition by giving them entitlement of children and the Crown was identified as Queen Mother. When the commissioner recognized First Nations peoples as children and the Crown as Queen Mother it ensured the First Nations people were to always to be protected from danger by their parents and enjoy their freedom. was used to appeal to the First Nations people. These treaty presentation copies are held in the Bruce Peel Special Collections at University of Alberta Library. Each is printed on parchment with text in black and red and a blue and red border.

In the table below is information about each numbered treaty including its signing date, its location, the major signers, those affected, and a brief summary of what each group received following the agreement. Treaty numberFirst signed onLocationMajor treaty signersThose affectedBrief summaryTreaty 1 3 August 1871 Lower Fort Garry, Fort Alexander Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner) Chippewa Tribe, Swampy Cree Tribe, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land and monetary compensation, farming tools, education. Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reservesTreaty 221 August 1871 Manitoba Post Adams Archibald (Lieutenant Governor of Manitoba), Wemyss Simpson (Indian Commissioner)Chippewa Tribe of Indians, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land and monetary compensation; farming tools; education. Canada obtains: Land rights; promise of peace, law, and order, and restricted alcohol use on reservesTreaty 33 October 1873 Northwest Angle of the Lake of the Woods Alexander Morris (Lieutenant Governor), S. J. Dawson (Indian Commissioner)The Saulteaux Tribe of the Ojibwe Indians and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves Treaty 4 15 September 1874 Fort Qu'Appelle, Fort Ellice, Swan Lake, Fort Pelly, Fort Walsh Alexander Morris (Lieutenant Governor), William J. Christie (Indian Commissioner)The Cree and Saulteaux Tribes of Indians, and all Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $750/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing, and restricted alcohol use on reserves. Treaty 5 20 September 1875 (adhesions in February 1889) Beren's River, Norway House, Grand Rapids Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner)The Saulteaux and Swampy Cree Tribes of Indians, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $300/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; and full control of schooling on reserves. Treaty 628 August 1876 (adhesion 9 September 1876, and February 1889) Fort Carlton, Fort Pitt Alexander Morris (Lieutenant Governor), James McKay (Indian Commissioner), William J. Christie (Indian Commissioner)The Plain and Wood Cree Tribes of Indians, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for gunpowder, shot, bale, and fishing net twine totalling $1500/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; schools on reserves when desired by First Nations, and deemed appropriate by Canada; medicine chest clause is implemented; additional assistance is available for pestilence or famine relief

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of healthcare on reserves through the medicine chest initiative. Treaty 722 September 1877 "Blackfoot Crossing" of the Bow River, Fort Macleod David Laird (Government Official), James Macleod (Indian Commissioner), The Blackfoot, Blood, Piegan, Sarcee, Stony, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition totalling $2000/year; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; have right to build and maintain infrastructure on reserves; salary is allocated to hire a school teacher for reserve school. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves. Treaty 88 July 1899 (adhesions until 1901) Lesser Slave Lake, Peace River Landing, Fort Vermilion, Fond du Lac, Dunvegan, Fort Chipewyan, Smiths Landing, Fort McMurray, Wapiscow Lake David Laird (Treaty Commissioner), J. H. Ross (Treaty Commissioner), J. A. J. McKenna (Treaty Commissioner) The Cree, Beaver, Chipewyan, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; money is set aside to hire school teachers as needed. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with their consent. Treaty 96 November 1905 Osnaburg, Fort Hope, Marten Falls, Fort Albany, Moose Factory, New Post, Abitibi, Matachewan, Mattagami, Flying Post, New Brunswick House, Long Lake Duncan Campbell Scott (Treaty Commissioner), Samuel Stewart (Treaty Commissioner), Daniel G. MacMartin The Ojibway, Cree, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; monetary allowance for ammunition and fishing net twine totalling $1 per family head; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; funds to hire teachers, construct schools, and purchase supplies are available, but with Canada's authorization. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; full control funds for education. Treaty 107 November 1906 Île à la Crosse, Lac du Brochet J. A. J. McKenna (Treaty Commissioner) The Chipewyan, Cree, and all other Indians inhabiting the district hereafter. First Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; unspecified amount of ammunition and twine distributed as government sees fit; provision for childhood education; furnishings for agricultural assistance

Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance. Treaty 1127 June 1921 until 22 August 1921 Northwest Territories; Fort Providence, Fort Simpson, Fort Wrigley, Fort Norman, Good Hope, Arctic Red River, Fort McPherson, Fort Liard, Fort Rae Duncan Campbell Scott (Governor General/Major Signer), Henry Anthony Conroy (Indian Commissioner) The Slavey, Dogrib, Loucheux, Hare, and other Indians, inhabitants of the territory within the limits hereinafter First Nations receive: Limited reserve land, and monetary compensation; farming tools; right to hunt and fish on ceded land except that already used by Canada for resource extraction or settlement; provision for childhood education; furnishings for agricultural assistance; have right to build and maintain infrastructure on reserves; provision for childhood education; each family receives $50 annually for fishing twine and trapping; distribution of agricultural assistance possible. Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with permission; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.

The Crown's intentions were based upon expansion and transition. The treaties allowed the fur trading territory to house a new settler society. As stated in the written terms of the numbered treaties, the Crown desired "peace and goodwill" between First Nations and Her Majesty. In the view of the Crown, treaties were the agreement to trade First Nations territory for "bounty and benevolence". This language makes the First Nations wards of the state and under the government's protection. With these agreements, not only could the Dominion of Canada expand west and northward, but also First Nations could make the transition into a new economy. No longer would First Nations be dependent on a nomadic lifestyle, but rather begin to adapt and integrate into a western settlement society through farming and other entrepreneurial means. To treaty makers, the treaties were essentially a beneficial commercial exchange of both land and identity.

Originally, First Nations people felt the treaties had the potential to satisfy the needs of their communities and foster mutual respect and understanding between themselves, the Crown, and all people of Canada. Throughout the signing of the treaties, First Nations believed that their agreement was everlasting, and had many reasons for believing so. For example, during the signing of Treaty 6, a pipe ceremony was conducted before the signing stipulating that nothing but the truth was to be spoken during negotiations.

In 1981, all provinces other than Quebec agreed to a constitutional amendment, which included a reiteration of the rights of the indigenous peoples of Canada as established by former treaties (Chapter 35). Subsequent attempts (Meech Lake Accord, Charlottetown Accord) to try to appease the government of Quebec with certain constitutional provisions, such as the recognition of Quebec as a "distinct society" failed in part due to First Nations opposition. Many aboriginal leaders saw this renegotiation as an opportune time to enshrine the increased rights and powers and recognition that they had been campaigning for since the process of patriating the Canadian constitution began in the 1970s. With Newfoundland and Manitoba as the only provinces yet to sign the Meech Lake Accord, First Nations groups in Manitoba mobilized and managed, with the legislative maneuvering of the then Chief of the Red Sucker Lake First Nation and member of the Manitoba Legislative Assembly Elijah Harper, to delay the ratification of the accord until the legislative session ended for the summer, essentially "killing" the bill to ratify the accord, and with that, the Meech Lake Accord itself. Later, controversy occurred during the 1995 Quebec independence referendum, with differing points of view regarding the rights of provincial and indigenous nations to end or maintain their union with Canada, though it had never been in dispute that First Nations would have to voluntarily agree with their formal treaty partner, the Canadian Crown, to modify the treaties. In 2010, Canada signed the United Nations Declaration on the Rights of Indigenous Peoples. In 2011 and again in 2012 the United Nations criticized the federal government over Attawapiskat. In 2012 in Daniels v. Canada the Federal Court of Canada ruled that 200,000 off reserve First Nations people and 400,000 Métis were also "Indians" under s. 91(24) of the Constitution Act, 1867. These had no formal representation at the Assembly of First Nations, which had hitherto been assumed by the federal government to speak authoritatively on all matters involving "Indians". In 2012 the Idle No More movement and subsequent hunger strike by Attawapiskat First Nation Chief Theresa Spence brought the assertion that the treaties provide for direct Crown recourse back to public attention. Chief Spence demanded direct Crown attention to the Cabinet's attempt to remove federal government oversight of lands and waters and environmental issues that duplicated provincial oversight of the same. After an agreement by opposition parties was struck to end Chief Spence's hunger strike, the legal analysis that supported the principle of direct Crown recourse was adamantly supported by interim Liberal Party of Canada leader Bob Rae and others. Idle No More itself presented its legal analysis via Pamela Palmater. Her analysis resembled that of Matthew Coon Come, who summarized the Grand Council of the Crees position in a scholarly analysis of the Quebec sovereignty movement and its authority to withdraw from Confederation taking First Nations territory with it. Both his analysis and Palmater's emphasize the need for voluntary renegotiation of treaties between equal partners, and the impossibility of cutting off any avenue of appeal to the Crown. In 2024, APTN premiered Treaty Road, a documentary series about the treaties and their impact on Canada's indigenous peoples.