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Indigenous Treaties & Governance

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"Replica wampum belts, the Covenant Chain of Friendship (top) and the Two-row Wampum",  Box number: 2349, c. 1910-1921 Library and Archives Canada, Ottawa, Ontario, Public Domain.

Indigenous Governance

Lambton House and the surrounding Humber River Valley is located on the ancestral territory of the Huron-Wendat, Haudenosaunee Confederacy, and the Mississaugas of the Credit. Land has always been central to Indigenous lifeways. As Robin Wall Kimmerer writes, land “was everything: identity, the connection to our ancestors, the home of our nonhuman kinfolk, our pharmacy, our library, the source of all that sustained us. Our lands were where our responsibility to the world was enacted, sacred ground. It belonged to itself; it was a gift, not a commodity, so it could never be bought or sold.” This relationship with the land was emphasized in The Great Peace, also known as The Dish With One Spoon Treaty of 1701. This treaty symbolizes the mutual understanding between the Haudenosaunee Confederacy and the Anishinaabeg in which they share this land, (the dish), taking care to “eat with one spoon”, to ensure that there is enough resources to go around, all while respecting one another’s distinct cultural identities. This emphasized that “humans were accountable not only to other humans for their actions but also to the animals and plants, to all ensouled life.”

European colonizers arrived with the view of this land as terra nullius, or uninhabited, and could be rightfully claimed under the so-called Doctrine of Discovery. This perspective of land as private property and a commodity came in direct conflict with Indigenous worldviews. The Doctrine of Discovery was repudiated by the Vatican in March 2023.

 During this early colonization period, Europeans adopted the Indigenous practice of gift giving as a means of gaining trust, facilitating agreements, and, most of all, purchasing land. Indigenous peoples however, in this case within the context of the Anishinaabeg, presented gifts to one another as a means of expressing an ongoing alliance and the mutual duty to care for one another. Heidi Bohaker writes:

 

Gifts were “a fundamental communication tool – not only between humans but between humans, spirits, and other-than-human beings. The giving and receiving of the present transformed the gift into both physical proof and a memory aid of the specific terms of alliance. If the gift was rejected, so too was the specific term or the larger alliance itself.”

In a similar perspective, Haudenosaunee peoples maintained their treaties with Europeans not only through gifts, but also wampum, and the Covenant Chain of Friendship. What this symbolized was a continuous commitment to one another, and on a regular basis both parties would reconvene to “re polish” the chain and renew the terms of this agreement. Among the earliest of these agreements was the Two Row Wampum established in 1613 between the Haudenosaunee and the Dutch in Albany, New York. The Two Row Wampum belt is constructed of parallel stripes of purple and white wampum beads, with the purple stripes symbolizing two boats sailing down a river alongside one another, (a replica of which is in the image above). As was described by Grand River Chief William Jacobs in a letter to Indian Affairs in 1872:

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You sail your own boat and we’ll paddle our own canoe Side by Side. I was not to enter in your craft and you was not to enter in my canoe. Gale and calm we must be side by side . . . when the pail [pale] face man saw my laws he says to the read [red] man’s face your laws of the Six Nations is good that your forefathers made for you we will always keep our laws separate from your laws.

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These early agreements provided the basis for what would become the numbered treaty system throughout Canada.

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Treaties

The Beaver Wars (c. 1640-1701)

Following contact with the Dutch and French around 1609, the Haudenosaunee became vigorous participants in the fur trade, and hunted beavers in exchange for European trade goods. By the 1640s, the beaver population had greatly depleted in their territory within New York State. Using their newly-acquired firearms, the Haudenosaunee sought to expand their territory and enacted war against several competing First Nations, such as the Huron-Wendat, the Petun, the Mississauga, the Neutral, and the Erie, thereby forcing them to migrate further north into Ontario and Québec. It was during this time that the Seneca established the village of Teiaiagon along the Humber River, located on what is now known as Baby Point. This village was abandoned by 1687, due to a counteroffensive by the Mississauga, Huron, Ottawa and Ojibwa, forcing the Haudenosaunee to retreat back to their lands in New York. This period between the 1640s until The Great Peace (Dish With One Spoon Treaty) of 1701 came to be known as The Beaver Wars.

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Father Louis Hennepin, a Recollet friar, is reputed to have stayed in Teiaiagon in November of 1678 while en route to Niagara Falls. In his chronicles he described the severe conditions on Lake Ontario which forced him and his men to anchor their ship at the western end of the lake at the mouth of a river, which would be the Humber.

He writes: 

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We set out, and arriv’d safely at the further end of the Lake Ontario, call’d by the Iroquois Skannadario. We came pretty near to one of their Villages call’d Taiaiagon, lying about Seventy Leagues from Fort Frontenac, or Katarockouy. We barter’d some Indian Corn with the Iroquois, who could not admire us enough and came frequently to see us on board our Brigantine, which for our greater security we had brought to an Anchor into a River, tho’ before we could get in, we run aground three times, which oblig’d us to put Fourteen Men into Canows, and cast the Balast of our Ship over-board to get her off again. That River falls into the Lake; but for fear of being frozen up therein, we were forc’d to cut the Ice with Axes and other Instruments.

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By the end of the 17th century, the Mississauga had occupied Teiaiagon and other Haudenosaunee villages along the northern shore of Lake Ontario.

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"Proclamation Royale, 1763; Documents sur Proclamation," Library and Archives Canada, R188, RG13-F-6, Volume number: 890, 3623, File number: 16.

The Royal Proclamation of 1763

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On October 7, 1763 King George III issued a Royal Proclamation regarding the governance and settlement of lands in British North America, Florida, and the Lesser Antilles. The proclamation sought to establish a protocol for the settlement of these lands until Indigenous peoples formally consented and ceded ownership to the Crown. The terms of this Proclamation were further solidified by the 1764 Treaty of Fort Niagara which was attended by approximately 20,000 Indigenous peoples. The Proclamation stated that lands west of the Appalachian Mountains were considered property of Indigenous peoples, and the requirement of their formal surrender was an attempt to slow the settlement of the west in a more orderly fashion. The principles of the Proclamation further laid the groundwork for Indigenous interactions with the Canadian government. 

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A portion of the Proclamation reads: 

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And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them. or any of them, as their Hunting Grounds.--We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments as described in their Commissions: as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
 

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“Plan shewing the Lands granted to the Six Nation Indians, situated on each side of the Grand River, or Ouse, commencing on Lake Erie, containing about 674,910 Acres. Thos. Ridout Surveyor General, survey Gen. Office York 2nd February 1821.”, 1821, Local class no.: H3/410/Grand/1821, Box number: 200021653, Library and Archives Canada: Ottawa, ON.

The Haldimand Tract (Simcoe Patent, Treaty 4), 1784-1793

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Following the American Revolution (1775-1783), Haudenosaunee peoples were displaced from their land in upper New York State. In recognition of their loyalty to the British, Sir Frederick Haldimand, governor for the province of Québec allocated a tract of land along either side of the Grand River. In 1784 this land was purchased by the British from the Mississauga for the sum of £1,180, and was further verified through the signing of the Simcoe Patent (Treaty 4) in 1793. This land would later become the Six Nations Reserve.

“Treaty 13. Mississague Nation. Toronto purchase”, August 1805, RG88M 88970, Library and Archives Canada, Ottawa, Ontario.

The Toronto Purchase, 1805, (Treaty 13)
 
In 1787 informal discussions were held between the British and Mississauga chiefs regarding the surrender of land which extended 10 miles from Lake Simcoe to Lake Ontario, and 2 to 4 miles on either side of the Toronto Carrying Place. In the aftermath of the American Revolution, the British were wary of a potential invasion from the south, so it was thought that the Toronto Carrying Place would provide for a secure communication route. The land surrounding the emerging capital York (now Toronto), had also not yet been formally surrendered. Sir John Johnson, the head of the Indian Department initiated these meetings with the Mississauga chiefs, and presented them with £1,700 worth of trade goods as gratitude for their loyalty during the American Revolution. While discussions regarding this plot of land were had, the sale and treaty signing remained unfinished. The following year in 1788 surveyors attempted to survey this land further than the aforementioned boundaries, to Ashbridge Bay and the Etobicoke River, which was rejected by the Mississaugas. This land remained unceded and only partially surveyed up until 1805 when more formal negotiations began.

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By this time, any individuals who were present for these initial discussions had died. The Mississauga chiefs relied upon oral histories and their generated trust to recall the original conditions of this agreement. William Claus, Deputy Superintendent General of Indian Affairs attended this 1805 meeting with 2 different surveyors' plans that reflected the disputed boundaries. Ultimately, Claus only ever presented the chiefs with the plan which contained the extended boundaries, which, unbeknownst to the Mississaugas, included the Toronto Islands. Upon signing the Mississaugas were paid a total of ten shillings for the sale of this land.

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In 1986 the Mississauga Tribal Claims Council first submitted a claim to the Specific Claims Branch of the Department of Indian Affairs and Northern Development (DIAND) to investigate the validity of the Toronto Purchase. The case was rejected in 1993 as it did not fall under the direct scope of DIAND policy and by 1998 was instead redirected to the Indian Claims Commission.  Finally in 2010 after much delay, the Mississaugas of the Credit received a settlement of $145 million from the Government of Canada, the largest land-claim settlement in the country’s history.

Haudenosaunee Governance

"Six Nations Indians, Caledonia, Ontario", Fonds 1568, Item 423,

c. 1910-1930, City of  Toronto Archives, Toronto, Ontario.

The Six Nations Confederacy is composed of the Haudenosaunee nations: Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora. After generations of warfare between these nations, they united under the Great Law of Peace to form the Five Nations Confederacy. It is unknown exactly when the Confederacy had first formed, but evidence suggests this occurred sometime between 1450-1600. The Tuscarora joined as the sixth member in 1722. It was said that the Peacemaker was sent by the Creator to all five nations to encourage the laws of peace, and requested that the Clan Mothers be the authority on selecting the Chiefs. Regarding this role of Clan Mothers, the Peacemaker stated that: 

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“These are to be the principle ones (eyeya’takweniyoks), the women controlling the title names, because it is by means of all their suffering that people are born here on earth; and it is they who raise them. Moreover, their blood, this is what we have, we the people, for these are our mothers, the women, and this is why the families follow according to their blood lines.””

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Prior to The Great Peace, Haudenosaunee Chiefs were men that were selected for their strength and leadership in warfare. Following this however, “the Peacemaker established a means that created and recognized leaders of peace–men and women who had strength of mind–through the authority of the women as the voice of their families, who in turn chose their male representatives in council.” At these council meetings members had to come to a unanimous decision before proceeding with any policy or course of action.

Anishinaabe Governance

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Excerpt from “Treaty 13. Mississague Nation. Toronto purchase”, August 1805, RG88M 88970, Library and Archives Canada, Ottawa, Ontario.

The Anishinaabeg peoples are a subgroup of Algonquin speaking First Nations which include the Ojibwe, Odawa, Chippewa, Mississauga, Potawatomi, Saulteaux, Nipissing and Algonquin. The traditional homeland of the Anishinaabeg spans from Québec to eastern Saskatchewan. In terms of governance, the Anishinaabeg have three types of leadership roles: civil, religious, and military. Civil leadership roles, (ogimaag), are passed down hereditarily through the father’s lineage, however these individuals still had to prove their capabilities to the council in order to ascend to these roles. Military (mayosewininiwag) and religious (gechi-midewijig) leaders were selected based on an individuals’ skill and merit, so if demonstrated, anyone could earn these positions. Typically this occurred when an individual experienced a dream or vision that was rich in symbolism. Women also held a great deal of influence in civil and religious affairs. During these meetings:

 

“Women and men usually sat on opposite sides of the lodge for important ceremonial and political functions where both sexes were present. This segregation was not done in order to show that women were subordinate to men, but rather to maintain a balance. Gender division symbolically reinforced the concept that men and women each owned half of the lodge. Important community decisions could not be made by one sex alone.”

The Anishinaabeg follow a system of kinship known as doodem, in which members identify with an “other-than-human” symbol such as the crane or thunderbird. Marriages occurred between members from other doodems, and contributed to strengthened ties between tribes and nations. By the time Europeans were handing over treaty documents, Anishinaabe used doodem as their signatures. This emphasized the ongoing relationship that Anishinaabeg have with the world around them. Examples of doodem are present on many treaty documents, including the above image of the 1805 Toronto Purchase.

Miller, Cary. Ogimaag: Anishinaabeg Leadership, 1760-1845.

(Lincoln: University of Nebraska Press, 2010).

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Bohaker, Heidi. Doodem and council fire: Anishinaabe governance through alliance.

(Toronto: University of Toronto Press, 2020).

The Huron-Wendat on the Humber

Archaeological evidence confirms the presence of the Huron Wendat peoples in southern Ontario during the period between c. 1000 to 1650. This was disrupted by the onslaught of attacks by the Haudenosaunee, (the Beaver Wars), which forced them north of this area and then towards the St. Lawrence and New York regions. As a result of intermarriages, trafficking, and integration during this time, many aspects from both Wendat and Haudenosaunee cultures have been exchanged. Today, Wendake, adjacent to Quebec City, is the only Wendat community that exists. 

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In September 2013, the remains of 1,760 Huron-Wendat ancestors were reburied at an ossuary named Thonnakona. These remains had been excavated between 1940 and 1980 from 12 former villages and burial sites throughout Ontario, one of which was located in Vaughan. Through a cooperative process between the Huron-Wendat Nation, the Ontario Heritage Trust, and the University of Toronto, this became the largest Indigenous reburial initiative to be conducted in North America.

Detachment from Place : Beyond an Archaeology of Settlement Abandonment.

Edited by Maxime Lamoureux-St-Hilaire, and Scott Macrae, (Denver: University Press of Colorado, 2020)

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Hanna, Beth.“Thonnakona: Returning the ancestors to the land”, Heritage Matters, Feb. 14, 2014.

Métis Nations of Ontario

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Murat Yükselir, Métis Nation traditional homeland, The Globe and Mail, Native-Land.ca, https://www.theglobeandmail.com/canada/article-first-nations-challenging-metis-groups-over-alleged-infringement-of.

Métis Nations throughout Canada have long struggled to have their rights to self-governance recognized by the Crown. In 2003, the landmark case R. v. Powley recognized the constitutional right for Métis to harvest. In 1993 Métis father and son Steve and Roddy Powley hunted a bull moose near Sault Ste. Marie. They were charged for hunting without a license and unlawful possession of moose meat. This was a major turning point in Métis sovereignty. 

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Since 2015, the Métis Nation of Ontario (MNO) has been engaged in formal discussions with the federal government to address these rights. These discussions laid the groundwork for the Métis Government Recognition and Self-Government Agreement that was signed in 2019, followed by the Métis Self-Government Recognition and Implementation Agreement in 2023, which at the time of writing is yet to be signed. Under these agreements the Crown acknowledged the inherent right of Métis to self governance, which includes the determination of citizenship, leadership and other internal governmental authorities.

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These agreements however have not been without scrutiny from First Nations throughout Ontario who have expressed concern that by granting these rights, Métis peoples may use this to encroach upon Indigenous lands or conflate their ancestry to claim Métis status. Many First Nations feel that the federal government did not include or consult with them in the formation of this agreement.

The Long Journey of a Forgotten People: Métis Identities and Family Histories. Edited by Ute Lischke and David T. McNab, (Waterloo: Wilfrid Laurier University Press), 2007.

 

“Toronto Mayor John Tory apologizes to Métis people for city’s role in Northwest Resistance”, Métis Nation of Ontario, August 19, 2022.

Indigenous Peoples and the Humber River of Today

For more information, visit the resources below:

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"Three Sisters" by Garlan Miles,  CC-NC-SA 4.0.

“Re-Sistering Project”, Taiaiako’n Historical Preservation Society, May 18, 2020.

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"The Moccasin Identifier", The Moccasin Identifier Project,https://moccasinidentifier.com/.

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"The Three Sisters: Optimizing the value and food potential of an ancestral indigenous crop system", Government of Canada, August 6, 2021.

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Anderson, Doug, and Alexandra Flynn. “Rethinking ‘Duty’: The City of Toronto, a Stretch of the Humber River, and Indigenous-Municipal Relationships.” Alberta Law Review 58, no. 1 (2020): 107–132.

Special thanks to Karen Travers, Policy & Historical Research Consultant for her valuable insights on this content.

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