Treaty Texts - Treaty No. 11

Treaty No. 11 (June 27, 1921) and Adhesion (July 17, 1922) with Reports, etc.

Reprinted from the Edition of 1926 by

Edmond Cloutier, c.m.g., o.a., d.s.p.
Queen's Printer and controller of Stationery
Ottawa, 1957


REPORT OF THE COMMISSIONER FOR TREATY No. 11

OTTAWA, October 12, 1921.

D. C. Scott, Esq.,
Deputy Superintendent General,
Department of Indian Affairs,
Ottawa.

SIR,--I have the honour to submit herewith the report on treaty made by me on authority granted by Order in Council, dated March 14, last, as Commissioner to negotiate a treaty with the Indians occupying the territory north of the 60th parallel and along the Mackenzie river and the Arctic ocean.

I left Edmonton on June 8, 1921, accompanied by Inspector W. B. Bruce, Constable Wood and Constable Campbell, of the Royal Canadian Mounted Police. Constable Campbell acted as my clerk for the summer.

Arriving at Fort McMurray on June 11, we left there on the 14th in a houseboat, the property of the Hudson's Bay Company, which company had made all arrangements for the transportation of the treaty party during the summer in the North.

We arrived at Fort Fitzgerald on June 18, crossed the portage to Fort Smith, and boarded the ss. Mackenzie River on June 20 for Fort Providence, at which place the first adhesion to Treaty 11 was to be taken. July 5 was the date set for the meeting of the Indians and myself to take place at Fort Providence, and, in order to arrive in good time, I thought it better for me and my party to proceed there by the ss. Mackenzie River, and let the houseboat take us up again at this point. The transportation of the houseboat across the portage at Fort Smith took several days.

On our arrival at Fort Providence, on June 20, I found the Indians were not at the post, as we were there before the date set for the meeting, so word was sent of my arrival, and the majority of the Providence Indians living at Willow Lake arrived on June 25, those at Trout Lake not till July 2. I had several meetings with them, and explained the terms of treaty. They were very apt in asking questions, and here, as in all the other posts where the treaty was signed, the questions asked and the difficulties encountered were much the same. The Indians seemed afraid, for one thing, that their liberty to hunt, trap and fish would be taken away or curtailed, but were assured by me that this would not be the case, and the Government will expect them to support themselves in their own way, and, in fact, that more twine for nets and more ammunition were given under the terms of this treaty than under any of the preceding ones; this went a long way to calm their fears. I also pointed out that any game laws made were to their advantage, and, whether they took treaty or not, they were subject to the laws of the Dominion. They also seemed afraid that they would be liable for military service if the treaty was signed, that they would be confined on the reserves, but, when told that they were exempt from military service, and that the reserves mentioned in the treaty would be of their own choosing, for their own use, and not for the white people, and that they would be free to come and go as they pleased, they were satisfied.

Practically all the bands dealt with wanted more provision for medical attendance at each post, schools for their children, and supplies for their old and destitute.

I pointed out that they were still able to make their own living, and that Dr. A. L. McDonald, of the Indian Department, was then with me, and that they could see him, and that he would attend them free if they wished, but that it was impossible for the Government to furnish regular medical attention, when they were occupying such a vast tract of territory. Schools were already established, and their children receiving free education, and supplies were left at each point for the sick and destitute.

The treaty was signed at Fort Providence on June 27, and the following were paid:--

1 Chief,
2 Headmen, and
255 others.

Our houseboat arrived on July 5, and we left Providence for Fort Simpson on the 7th, securing adhesion to the treaty there on July 11.

1 Chief,
2 Headmen, and
344 other Indians were paid.

Adhesions to the treaty were obtained at Fort Wrigley on July 13.

1 Headman, and
77 others were paid.

At Fort Norman on July 15,--

1 Chief,
2 Headmen, and
205 others were paid.

At Good Hope, July 21,--

1 Chief,
1 Headman, and
208 others were paid.

At Arctic Red River on July 26,--

1 Chief,
1 Headman, and
l69 others were paid.

At Fort McPherson on July 28,--

1 Chief,
1 Headman, and
217 others were paid.

At Fort Rae on August 22,--

1 Chief
2 Headmen, and
440 others were paid.

Practically all the Indians were dealt with at Fort Providence, Simpson, Wrigley, Arctic Red River and McPherson, and about 65 per cent at Fort Norman, Fort Good Hope and Rae, the remainder of these Indians having been at these posts in the spring and left word that they were willing to take treaty, but had to return to their hunting grounds for their summer's work.

At Fort Rae is the largest band of Indians, about 800, and this is the most inaccessible, being on the arm of Great Slave lake, difficulty in crossing this lake being experienced, more especially in the late summer and fall on account of storms, our party being stormbound at Hay River for five days prior to crossing. These Indians hunt in every direction from the fort, some as far as 200 miles, and only come to the post in spring to trade their furs, so that, in future, I would suggest that this be the first post visited when making payments.

We crossed the lake from Hay River to Rae in the Hudson Bay schooner Fort Rae, leaving our houseboat to take us up at Resolution, from which place we went on August 25, arriving at Fort Smith on August 30, Fort McMurray and Edmonton in September.

I much regret that I was unable, owing to the lack of time, to visit Fort Liard, and secure adhesion to the treaty by the Indians at that point, although they had sent word to Fort Simpson of their willingness to accept the same. I considered it advisable to proceed to Great Slave Lake, and cross to Fort Rae at the first opportunity, as the season was getting late.

Dr. A. L. McDonald joined the party at Fort Providence, and accompanied it to Good Hope, at that place having to return to Fort Resolution on account of smallpox having been reported, which report, fortunately, proved untrue. He joined the party again at Hay River, and remained with it until arrival at his headquarters at Fort Smith.

I was very glad to be accompanied by His Lordship Bishop Breynat, O.M.I., who has considerable influence with the Indians in the North, and would like here to express my appreciation of the help and hospitality accorded to me and my party in his missions, and I desire also to express my appreciation of the services rendered by Inspector Bruce, of the Royal Canadian Mounted Police, and by his party. Constables Woods and Campbell performed their duties in the most creditable manner.

H. A. CONROY,
Commissioner, Treaty No. 11.

TREATY NUMBER ELEVEN

ARTICLES OF A TREATY made and concluded on the several dates mentioned therein in the year of Our Lord One thousand Nine hundred and Twenty-One, between His Most Gracious Majesty George V, King of Great Britain and Ireland and of the British Dominions beyond the Seas, by His Commissioner, Henry Anthony Conroy, Esquire, of the City of Ottawa, of the One Part, and the Slave, Dogrib, Loucheux, Hare and other Indians, inhabitants of the territory within the limits hereinafter defined and described, by their Chiefs and Headmen, hereunto subscribed, of the other part:--

WHEREAS, the Indians inhabiting the territory hereinafter defined have been convened to meet a commissioner representing His Majesty's Government of the Dominion of Canada at certain places in the said territory in this present year of 1921, to deliberate upon certain matters of interest to His Most Gracious Majesty, of the one part, and the said Indians of the other.

AND WHEREAS, the said Indians have been notified and informed by His Majesty's said commissioner that it is His desire to open for settlement, immigration, trade, travel, mining, lumbering and such other purposes as to His Majesty may seem meet, a tract of country bounded and described as hereinafter set forth, and to obtain the consent thereto of His Indian subjects inhabiting the said tract, and to make a treaty, so that there may be peace and good-will between them and His Majesty's other subjects, and that His Indian people may know and be assured of what allowances they are to expect and receive from His Majesty's bounty and benevolence.

AND WHEREAS, the Indians of the said tract, duly convened in council at the respective points named hereunder, and being requested by His Majesty's Commissioner, to name certain Chiefs and Headmen, who should be authorized on their behalf to conduct such negotiations and sign any treaty to be founded thereon, and to become responsible to His Majesty for the faithful performance by their respective bands of such obligations as shall be assumed by them, the said Indians have therefore acknowledged for that purpose the several chiefs and Headmen who have subscribed thereto.

AND WHEREAS the said Commissioner has proceeded to negotiate a treaty with the Slave, Dogrib, Loucheux, Hare and other Indians inhabiting the district hereinafter defined and described, which has been agreed upon and concluded by the respective bands at the dates mentioned hereunder, the said Indians do hereby cede, release, surrender and yield up to the Government of the Dominion of Canada, for His Majesty the King and His Successors forever, all their rights, titles, and privileges whatsoever to the lands included within the following limits, that is to say:

Commencing at the northwesterly corner of the territory ceded under the provisions of Treaty Number Eight; thence northeasterly along the height-of-land to the point where it intersects the boundary between the Yukon Territory and the Northwest Territories; thence northwesterly along the said boundary to the shore of the Arctic ocean; thence easterly along the said shore to the mouth of the Coppermine river; thence southerly and southeasterly along the left bank of said river to Lake Gras by way of Point lake; thence along the southern shore of Lake Gras to a point situated northwest of the most western extremity of Aylmer lake; thence along the southern shore of Aylmer lake and following the right bank of the Lockhart river to Artillery lake; thence along the western shore of Artillery lake and following the right bank of the Lockhart river to the site of Old Fort Reliance where the said river enters Great Slave lake, this being the northeastern corner of the territory ceded under the provisions of Treaty Number Eight; thence westerly along the northern boundary of the said territory so ceded to the point of commencement; comprising an area of approximately three hundred and seventy-two thousand square miles.

AND ALSO, the said Indian rights, titles and privileges whatsoever to all other lands wherever situated in the Yukon Territory, the Northwest Territories or in any other portion of the Dominion of Canada.

To have and to hold the same to His Majesty the King and His Successors forever.

AND His Majesty the King hereby agrees with the said Indians that they shall have the right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as heretofore described, subject to such regulations as may from time to time be made by the Government of the Country acting under the authority of His Majesty, and saving and excepting such tracts as may be required or taken up from time to time for settlement, mining, lumbering, trading or other purposes.

AND His Majesty the King hereby agrees and undertakes to lay aside reserves for each band, the same not to exceed in all one square mile for each family of five, or in that proportion for larger or smaller families;

PROVIDED, however, that His Majesty reserves the right to deal with any settlers within the boundaries of any lands reserved for any band as He may see fit; and also that the aforesaid reserves of land, or any interest therein, may be sold or otherwise disposed of by His Majesty's Government for the use and benefit of the said Indians entitled thereto, with their consent first had and obtained; but in no wise shall the said Indians, or any of them, be entitled to sell or otherwise alienate any of the lands allotted to them as reserves.

It is further agreed between His Majesty and His Indian subjects that such portions of the reserves and lands above indicated as may at any time be required for public works, buildings, railways, or roads of whatsoever nature may be appropriated for that purpose by His Majesty's Government of the Dominion of Canada, due compensation being made to the Indians for the value of any improvements thereon, and an equivalent in land, money or other consideration for the area of the reserve so appropriated.

And in order to show the satisfaction of His Majesty with the behaviour and good conduct of His Indian subjects, and in extinguishment of all their past claims hereinabove mentioned, He hereby, through his Commissioner, agrees to give to each Chief a present of thirty-two dollars in cash, to each Headman, twenty-two dollars, and to every other Indian of whatever age of the families represented, at the time and place of payment, twelve dollars.

HIS MAJESTY, also agrees that during the coming year, and annually thereafter, He will cause to be paid to the said Indians in cash, at suitable places and dates, of which the said Indians shall be duly notified, to each Chief twenty-five dollars, to each Headman fifteen dollars, and to every other Indian of whatever age five dollars, to be paid only to heads of families for the members thereof, it being provided for the purposes of this Treaty that each band having at least thirty members may have a Chief, and that in addition to a Chief, each band may have Councillors or Headmen in the proportion of two to each two hundred members of the band.

FURTHER, His Majesty agrees that each Chief shall receive once and for all a silver medal, a suitable flag and a copy of this Treaty for the use of his band; and during the coming year, and every third year thereafter, each Chief and Headman shall receive a suitable suit of clothing.

FURTHER, His Majesty agrees to pay the salaries of teachers to instruct the children of said Indians in such manner as His Majesty's Government may deem advisable.

FURTHER, His Majesty agrees to supply once and for all to each Chief of a band that selects a reserve, ten axes, five hand-saws, five augers, one grindstone, and the necessary files and whetstones for the use of the band.

FURTHER, His Majesty agrees that, each band shall receive once and for all equipment for hunting, fishing and trapping to the value of fifty dollars for each family of such band, and that there shall be distributed annually among the Indians equipment, such as twine for nets, ammunition and trapping to the value of three dollars per head for each Indian who continues to follow the vocation of hunting, fishing and trapping.

FURTHER, His Majesty agrees that, in the event of any of the Indians aforesaid being desirous of following agricultural pursuits, such Indians shall receive such assistance as is deemed necessary for that purpose.

AND the undersigned Slave, Dogrib, Loucheux, Hare and other Chiefs and Headmen, on their own behalf and on behalf of all the Indians whom they represent, do hereby solemnly promise and engage to strictly observe this Treaty, and also to conduct and behave themselves as good loyal subjects of His Majesty the King.

THEY promise and engage that they will, in all respects, obey and abide by the law; that they will maintain peace between themselves and others of His Majesty's subjects, whether Indians, half-breeds or whites, now inhabiting and hereafter to inhabit any part of the said ceded territory; that they will not molest the person or property of any inhabitant of such ceded tract, or of any other district or country, or interfere with, or trouble any person passing or travelling through the said tract or any part thereof, and that they will assist the officers of His Majesty in bringing to justice and punishment any Indian offending against the stipulations of this Treaty, or infringing the law in force in the country so ceded.

IN WITNESS WHEREOF, His Majesty's said Commissioner and the said Chiefs and Headmen have hereunto set their hands at the places and times set forth in the year herein first above written.

SIGNED AT PROVIDENCE on the twenty-seventh day of June, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Simpson on the eleventh day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Wrigley on the thirteenth day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Norman on the fifteenth day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Good Hope on the twenty-first day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Arctic Red River on the twenty-sixth day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at McPherson on the twenty-eighth day of July, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

SIGNED at Liard on the day of, 1921, by His Majesty's Commissioners and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

Witnesses:

SIGNED at Rae on the twenty-second day of August, 1921, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of undersigned witnesses, after having been first interpreted and explained.



ORDER IN COUNCIL

RATIFYING TREATY No. 11
P.C. 3985

PRIVY COUNCIL CANADA
AT THE GOVERNMENT HOUSE AT OTTAWA,

SATURDAY,
the 22nd day of October, 1921.

PRESENT:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL

WHEREAS the Superintendent General of Indian Affairs submits herewith Treaty Number Eleven made, in accordance with the terms of Order in Council of 14th March, 1921 (P.C. 686), by Henry Anthony Conroy, Esquire, who was appointed a Commissioner by the said Order in Council, to negotiate with the Slave, Dogrib, Loucheux, Hare and other Indians for the cession by the said Indians to the Crown of all their rights, titles and privileges whatsoever in the territory north of the sixtieth parallel and along the Mackenzie river and the Arctic ocean in the Dominion of Canada.

THEREFORE His Excellency the Governor General in Council, on the recommendation of the Superintendent General of Indian Affairs, is pleased to ratify the said Treaty Number Eleven, made and negotiated as hereinbefore recited, and the same is hereby ratified and confirmed accordingly.

RODOLPHE BOUDREAU,
Clerk of the Privy Council.

The Honourable
The Superintendent General of Indian Affairs.

Owing to the death of Commissioner Conroy on April 27, 1922, and to the fact that he had not had an opportunity during the summer of 1921 of obtaining the adhesion to the Treaty by the Slave Indians of the Liard district, it was necessary to make other arrangements. Accordingly the authority of His Excellency the Governor General in Council was obtained for the appointment of T. W. Harris, Indian agent at Fort Simpson, N.W.T., as Commissioner to secure this adhesion.

Following is a copy of the Order in Council:--

P.C. 993

CERTIFIED COPY of a Report of the Committee of the Privy Council approved
by His Excellency the Governor General on the 9th May, 1922

The Committee of the Privy Council have had before them a Report, dated 2nd May, 1922, from the Superintendent General of Indian Affairs, submitting, with reference to Order in Council of the 14th March, 1921, under which Mr. H. A. Conroy, Inspector for Treaty No. 8, was authorized to act as Commissioner to negotiate a Treaty (known as Treaty No. 11) with the Indians occupying the territory north of the 60th parallel and along the Mackenzie river to the Arctic coast, that owing to lack of time Mr. Conroy was unable to visit the Fort Liard Indians last year with a view to securing their adhesion to the treaty.

The Minister states that owing to Mr. Conroy's death, which occurred on the 27th April, 1922, it is essential that someone should be deputed to complete the treaty negotiations.

The Minister, therefore, recommends that Mr. T. W. Harris, Indian agent at Fort Simpson, N.W.T., be authorized to complete the work entrusted to the late Mr. Conroy in connection with the treaty above mentioned.

The Committe concur in the foregoing recommendation and submit the same for approval.

RODOLPHE BOUDREAU,
Clerk of the Privy Council.

The Honourable
The Superintendent General of Indian Affairs.

Accordingly Commissioner Harris, accompanied by His Lordship Bishop Breynat and Reverend Father Moisan, visited Fort Liard on July 17th. The terms of the treaty having been explained by the Commissioner, the Chief and Headmen, who had previously been elected, signed the treaty on behalf of the Indians as indicated in the following Indenture:--

SIGNED at Liard on the seventeenth day of July, 1922, by His Majesty's Commissioner and the Chiefs and Headmen in the presence of the undersigned witnesses, after having been first interpreted and explained.

ORDER IN COUNCIL
RATIFYING ADHESION TO TREATY No. 11

March 29, 1923.

The Committee of the Privy Council, on the recommendation of the Superintendent General of Indian Affairs, submit herewith for ratification and confirmation by Your Excellency in Council, an instrument, in duplicate, containing the adhesion to Treaty No. 11 of the Indians of Fort Liard taken the seventeenth day of July, 1922, by Mr. T. W. Harris, who was appointed by an Order of Your Excellency in Council of 9th May, 1922 (P.C. No. 993), as His Majesty's Commissioner to take the said adhesion; one copy of the instrument to be returned to the Department of Indian Affairs and the other to be kept on record in the Privy Council Office.

(Sgd.)RODOLPHE BOUDREAU,
Clerk of the Privy Council.

The Honourable
The Superintendent General of Indian Affairs.