Night Hunting

[Some Old Guy 968]

In a 4-3 decision released in December, the Supreme Court reversed the convictions of Ivan Morris and Carl Oslen, members of the Tsartlip Band, for hunting deer at night on Vancouver Island. British Columbia’s Wildlife Act prohibits all night hunting as inherently dangerous. Both men claimed that this conviction violated their right to hunt as protected in the 1852 North Saanich Treaty. The majority judgment in R v. Morris, penned by Justices Deschamps and Abella, agreed with them. By analyzing the 1852 treaty within its political, cultural and historical context, the SCC determined that the overriding intention of the Treaty was to preserve the traditional way of hunting for the Saanich Nation. Since time immemorial, ancestors of the Tsartlip Band have been hunting for food at night with illuminating devices. The SCC recognized that over time these devices will have evolved from simple torches to more modern lighting implements out of necessity and that “changes in method do not change the essential character of the practice, namely, night hunting with illumination.”

British Columbia’s Wildlife Act infringes on the treaty right to hunt at night with illumination because its ban on all night hunting is overbroad. Though the province is entitled to limit hunting in the name of safety by prohibiting dangerous hunting (and the SCC was clear that there is no treaty right to hunt dangerously), the majority concluded that in light of the size and population of BC, not all night hunting can be deemed dangerous.

“To conclude that night hunting with illumination is dangerous everywhere in the province does not accord with reality and is not, with respect, a sound basis for limiting the treaty right.”

The dissent, and much of the media commentary following the release of the decision, focused on British Columbia’s right to restrict dangerous hunting as a justified limitation on the Saanich right to hunt under the Treaty. An editorial in Saskatoon’s Star Phoenix labeled the majority judgment both naïve and misguided, citing concerns about public safety as more hikers and backpackers venture into increasingly remote ‘wilderness’ areas. Further, the editorial attempted to incite panic by predicting that First Nations everywhere will be soon asserting the same rights - as I said, night hikers beware. This strikes me as a little paranoid. Beyond the questionable popularity of night hiking, the SCC recognized that this particular Treaty protected the right to hunt at night for this particular Band. In order to make this case the Band was required to show that members had traditionally engaged in night hunting with illuminating devices. A floodgates concern is tempered by the reality that the success of the arguments in this case depended on the particular treaty and the particular hunting practices of the Tsartlip Indian Band. Further, the ruling is not a license to night hunt with impunity. The provision in the Wildlife Act which prohibits dangerous hunting applies to all people in the province, whether they are signatories to a treaty with the Crown or not.

Roger

[tracker 61]

Is there not enough daylight to hunt in BC and is there a sport called spot lighting for deer? In Ontario, is it not called poaching?

[Some Old Guy 968]

Tracker.

The supreme court ruled. This was the "incident" that now allows spot lighting for deer, moose, bear, partridge and whatever for 1st nation people.

So now it's only poaching if people other than 1st nation people hunt at night.

[Guest Big Moose]

I'm trying real hard(really friggen hard) to be civilized right now!!!!!

It's this kind of B.S that makes my blood boil.I'm sorry but I hadn't realized that the 1st nations forefathers had 10 000 000 candle power spotlights and high powered rifles to hunt with,I think that if their going to hunt in their "traditional" ways then they should hunt using a "traditional"tecnique and traditional equipment.It seems these A$$h0les play the RACE card for every aspect of life now a days.This is just as bad as fishing for a closed species in a closed fishery just because your native,It's getting ridiculous to say the least and it may be time to take such matters into our own hands.

On another note,

If I was to walk around wearing a "white pride" hat or jacket or to put the words "white pride" on my truck or if we celebrated a white history month or if we had a white pride day we would be branded as being racist in a heart beat so why is it O,K for all other races to announce their pride for their race,But if we as whites were to do the same we'd be the bad guy.Correct me if I'm wrong but you don't see "White Entertainment Television"or a White College Fund.

Now I realize that I could have put this thread up in the "Everything Else"section but I feel it fits in like "white on rice" with the above.

Go ahead and P,M me with your comments if you feel that you don't want to publically respond to the thread.

Now I'm no Honkey or Cracker I just felt it should be mentioned..

Think of me what you will I really don't care...

[Guest Nelson]

COPY OF THE ROBINSON TREATY

Made in the Year 1850

WITH THE OJIBEWA INDIANS

OF LAKE SUPERIOR

CONVEYING CERTAIN LANDS

TO THE CROWN

--------------------------------------------------------------------------------

(Copy.)

THIS AGREEMENT, made and entered into on the seventh day of September, in the year of Our Lord one thousand eight hundred and fifty, at Sault Ste. Marie, in the Province of Canada, between the Honorable WILLIAM BENJAMIN ROBINSON, of the one part, on behalf of HER MAJESTY THE QUEEN, and JOSEPH PEANDECHAT, JOHN IUINWAY, MISHE-MUCKQUA, TOTOMENCIE, Chiefs, and JACOB WARPELA, AHMUTCHIWAGABOU, MICHEL SHELAGESHICK, MANITSHAINSE, and CHIGINANS, principal men of the OJIBEWA Indians inhabiting the Northern Shore of Lake Superior, in the said Province of Canada, from Batchewana Bay to Pigeon River, at the western extremity of said Lake, and inland throughout that extent to the height of land which separates the territory covered by the charter of the Honorable the Hudson's Bay Company from the said tract, and also the Islands in the said Lake within the boundaries of the British possessions therein, of the other part, witnesseth:

THAT for and in consideration of the sum of two thousand pounds of good and lawful money of Upper Canada, to them in hand paid, and for the further perpetual annuity of five hundred pounds, the same to be paid and delivered to the said Chiefs and their Tribes at a convenient season of each summer, not later than the first day of August at the Honorable the Hudson's Bay Company's Posts of Michipicoton and Fort William, they the said chiefs and principal men do freely, fully and voluntarily surrender, cede, grant and convey unto Her Majesty, Her heirs and successors forever, all their right, title and interest in the whole of the territory above described, save and except the reservations set forth in the schedule hereunto annexed, which reservations shall be held and occupied by the said Chiefs and their Tribes in common, for the purpose of residence and cultivation, and should the said Chiefs and their respective Tribes at any time desire to dispose of any mineral or other valuable productions upon the said reservations, the same will be at their request sold by order of the Superintendent General of the Indian Department for the time being, for their sole use and benefit, and to the best advantage.

And the said William Benjamin Robinson of the first part, on behalf of Her Majesty and the Government of this Province, hereby promises and agrees to make the payments as before mentioned; and further to allow the said chiefs and their tribes the full and free privilege to hunt over the territory now ceded by them, and to fish in the waters thereof as they have heretofore been in the habit of doing, saving and excepting only such portions of the said territory as may from time to time be sold or leased to individuals, or companies of individuals, and occupied by them with the consent of the Provincial Government. The parties of the second part further promise and agree that they will not sell, lease, or otherwise dispose of any portion of their reservations without the consent of the Superintendent General of Indian Affairs being first had and obtained; nor will they at any time hinder or prevent persons from exploring or searching for mineral or other valuable productions in any part of the territory hereby ceded to Her Majesty as before mentioned. The parties of the second part also agree that in case the Government of this Province should before the date of this agreement have sold, or bargained to sell, any mining locations or other property on the portions of the territory hereby reserved for their use and benefit, then and in that case such sale, or promise of sale, shall be forfeited, if the parties interested desire it, by the Government, and the amount accruing therefrom shall be paid to the tribe to whom the reservation belongs. The said William Benjamin Robinson on behalf of Her Majesty, who desires to deal liberally and justly with all Her subjects, further promises and agrees that in case the territory hereby ceded by the parties of the second part shall at any future period produce an amount which will enable the Government of this Province without incurring loss to increase the annuity hereby secured to them, then, and in that case, the same shall be augmented from time to time, provided that the amount paid to each individual shall not exceed the sum of one pound provincial currency in any one year, or such further sum as Her Majesty may be graciously pleased to order; and provided further that the number of Indians entitled to the benefit of this Treaty shall amount to two thirds of their present numbers (which is twelve hundred and forty) to entitle them to claim the full benefit thereof, and should their numbers at any future period not amount to two thirds of twelve hundred and forty, the annuity shall be diminished in proportion to their actual numbers.

--------------------------------------------------------------------------------

Schedule of Reservations made by the above named subscribing Chiefs and

principal men.

FIRST - Joseph Pean-de-chat and his Tribe, the reserve to commence about two miles from Fort William (inland), on the right bank of the River Kiminitiquia thence westerly six miles, parallel to the shores of the lake; thence northerly five miles; thence easterly to the right bank of the said river, so as not to interfere with any acquired rights of the Honorable Hudson's Bay Company.

SECOND - Four miles square at Gros Cap, being a valley near the Honorable Hudson's Bay Company's post of Michipicoton, for Totominai and Tribe.

THIRD - Four miles square on Gull River, near Lake Nipigon, on both sides of said river, for the Chief Mishimuckqua and Tribe.

TREATY 3

BETWEEN

HER MAJESTY THE QUEEN

AND THE

SAULTEAUX TRIBE

OF THE

OJIBBEWAY INDIANS

AT THE

NORTHWEST ANGLE ON THE LAKE OF THE WOODS WITH ADHESIONS

(REPRINTED 1966)

(REPRINTED 1978)

LAYOUT IS NOT EXACTLY LIKE ORIGINAL

TRANSCRIBED FROM:

ROGER DUHAMEL, F.R.S.C.

QUEEN'S PRINTER AND CONTROLLER OF STATIONERY

OTTAWA, 1966

Cat. No. Ci 72-0366

ORDER IN COUNCIL SETTING UP COMMISSION FOR TREATY 3

The Committee have had under consideration the memorandum dated 19th April, 1871, from the Hon. the Secretary of State for the provinces submitting with reference to his report of the 17th of the same month that the Indians mentioned in the last paragraph of that report and with whom it will be necessary first to deal occupy the country from the water shed of Lake Superior to the north west angle of the Lake of the Woods and from the American border to the height of land from which the streams flow towards Hudson's Bay.

That they are composed of Saulteaux and Lac Seul Indians of the Ojibbeway Nation, and number about twenty-five hundred men, women and children, and, retaining what they desire in reserves at certain localities where they fish for sturgeon, would, it is thought be willing to surrender for a certain annual payment their lands to the Crown. That the American Indians to the south of them surrendered their lands to the Government of the United States for an annual payment which has been stated to him (but not on authority) to amount to ten dollars per head for each man, woman and child of which six dollars is paid in goods and four in money. That to treat with these Indians with advantage he recommends that Mr. Simon J. Dawson of the Department of Public Works and Mr. Robert Pither of the Hudson's Bay Company's service be associated with Mr. Wemyss M. Simpson-and further that the presents which were promised the Indians last year and a similar quantity for the present year should be collected at Fort Francis not later than the middle of June also that four additional suits of Chiefs' clothes and flags should be added to those now in store at Fort Francis-and further that a small house and store for provisions should be constructed at Rainy River at the site and of the dimensions which Mr. Simpson may deem best-that the assistance of the Department of Public Works will be necessary should his report be adopted in carrying into effect the recommendations therein made as to provisions, clothes and construction of buildings.

He likewise submits that it will be necessary that the sum of Six Thousand dollars in silver should be at Fort Francis subject to the Order of the above named Commissioners on the fifteenth day of June next-And further recommends that in the instructions to be given to them they should be directed to make the best arrangements in their power but authorized if need be to give as much as twelve dollars a family for each family not exceeding five-with such small Sum in addition where the family exceeds five as the Commissioners may find necessary-Such Subsidy to be made partly in goods and provisions and partly in money or wholly in goods and provisions should the Commissioners so decide for the surrender of the lands described in the earlier part of this report.

The Committee concur in the foregoing recommendations and submit the same for Your Excellency's approval.

Signed: Charles Tupper

25 April/71

TREATY No. 3

ARTICLES OF A TREATY made and concluded this third day of October, in the year of Our Lord one thousand eight hundred and seventy-three, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by Her Commissioners, the Honourable Alexander Morris, Lieutenant-Governor of the Province of Manitoba and the North-west Territories; Joseph Alfred Norbert Provencher and Simon James Dawson, of the one part, and the Saulteaux Tribe of the Ojibway Indians, inhabitants of the country within the limits hereinafter defined and described, by their Chiefs chosen and named as hereinafter mentioned, of the other part.

Whereas the Indians inhabiting the said country have, pursuant to an appointment made by the said Commissioners, been convened at a meeting at the north-west angle of the Lake of the Woods to deliberate upon certain matters of interest to Her 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 Her Majesty's said Commissioners that it is the desire of Her Majesty to open up for settlement, immigration and such other purpose as to Her Majesty may seem meet, a tract of country bounded and described as hereinafter mentioned, and to obtain the consent thereto of Her Indian subjects inhabiting the said tract, and to make a treaty and arrange with them so that there may be peace and good will between them and Her Majesty and that they may know and be assured of what allowance they are to count upon and receive from Her Majesty's bounty and benevolence.

And whereas the Indians of the said tract, duly convened in council as aforesaid, and being requested by Her Majesty's said Commissioners 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 Her Majesty for their faithful performance by their respective bands of such obligations as shall be assumed by them, the said Indians have thereupon named the following persons for that purpose, that is to say:-

KEK-TA-PAY-PI-NAIS (Rainy River.)

KITCHI-GAY-KAKE (Rainy River.)

NOTE-NA-QUA-HUNG (North-West Angle.)

NAWE-DO-PE-NESS (Rainy River.)

POW-WA-SANG (North-West Angle.)

CANDA-COM-IGO-WE-NINIE (North-West Angle.)

PAPA-SKO-GIN (Rainy River.)

MAY-NO-WAH-TAW-WAYS-KIONG (North-West Angle.)

KITCHI-NE-KA-LE-HAN (Rainy River.)

SAH-KATCH-EWAY (Lake Seul.)

MUPA-DAY-WAH-SIN (Kettle Falls.)

ME-PIE-SIES (Rainy Lake, Fort Frances.)

OOS-CON-NA-GEITH (Rainy Lake.)

WAH-SHIS-KOUCE (Eagle Lake. )

KAH-KEE-Y-ASH (Flower Lake.)

GO-BAY (Rainy Lake.)

KA-MO-TI-ASH (White Fish Lake.)

NEE-SHO-TAL (Rainy River.)

KEE-JE-GO-KAY (Rainy River.)

SHA-SHA-GANCE (Shoal Lake.)

SHAH-WIN-NA-BI-NAIS (Shoal Lake. )

AY-ASH-A-WATH (Buffalo Point.)

PAY-AH-BEE-WASH (White Fish Bay.)

KAH-TAY-TAY-PA-E-CUTCH (Lake of the Woods.)

And thereupon, in open council, the different bands having presented their Chiefs to the said Commissioners as the Chiefs and Headmen for the purposes aforesaid of the respective bands of Indians inhabiting the said district hereinafter described:

And whereas the said Commissioners then and there received and acknowledged the persons so presented as Chiefs and Headmen for the purpose aforesaid of the respective bands of Indians inhabiting the said district hereinafter described;

And whereas the said Commissioners have proceeded to negotiate a treaty with the said Indians, and the same has been finally agreed upon and concluded, as follows, that is to say:-

The Saulteaux Tribe of the Ojibbeway Indians and all other the Indians inhabiting the district hereinafter described and defined, do hereby cede, release, surrender and yield up to the Government of the Dominion of Canada for Her Majesty the Queen and Her successors forever, all their rights, titles and privileges whatsoever, to the lands included within the following limits, that is to say:-

Commencing at a point on the Pigeon River route where the international boundary line between the Territories of Great Britain and the United States intersects the height of land separating the waters running to Lake Superior from those flowing to Lake Winnipeg; thence northerly, westerly and easterly along the height of land aforesaid, following its sinuosities, whatever their course may be, to the point at which the said height of land meets the summit of the watershed from which the streams flow to Lake Nepigon; thence northerly and westerly, or whatever may be its course, along the ridge separating the waters of the Nepigon and the Winnipeg to the height of land dividing the waters of the Albany and the Winnipeg; thence westerly and north-westerly along the height of land dividing the waters flowing to Hudson's Bay by the Albany or other rivers from those running to English River and the Winnipeg to a point on the said height of land bearing north forty-five degrees east from Fort Alexander, at the mouth of the Winnipeg; thence south forty-five degrees west to Fort Alexander, at the mouth of the Winnipeg; thence southerly along the eastern bank of the Winnipeg to the mouth of White Mouth River; thence southerly by the line described as in that part forming the eastern boundary of the tract surrendered by the Chippewa and Swampy Cree tribes of Indians to Her Majesty on the third of August, one thousand eight hundred and seventy-one, namely, by White Mouth River to White Mouth Lake, and thence on a line having the general bearing of White Mouth River to the forty-ninth parallel of north latitude; thence by the forty-ninth parallel of north latitude to the Lake of the Woods, and from thence by the international boundary line to the place beginning.

The tract comprised within the lines above described, embracing an area of fifty-five thousand square miles, be the same more or less. To have and to hold the same to Her Majesty the Queen, and Her successors forever.

And Her Majesty the Queen hereby agrees and undertakes to lay aside reserves for farming lands, due respect being had to lands at present cultivated by the said Indians, and also to lay aside and reserve for the benefit of the said Indians, to be administered and dealt with for them by Her Majesty's Government of the Dominion of Canada, in such a manner as shall seem best, other reserves of land in the said territory hereby ceded, which said reserves shall be selected and set aside where it shall be deemed most convenient and advantageous for each band or bands of Indians, by the officers of the said Government appointed for that purpose, and such selection shall be so made after conference with the Indians; provided, however, that such reserves, whether for farming or other purposes, shall in no wise exceed in all one square mile for each family of five, or in that proportion for larger or smaller families; and such selections shall be made if possible during the course of next summer, or as soon thereafter as may be found practicable, it being understood, however, that if at the time of any such selection of any reserve, as aforesaid, there are any settlers within the bounds of the lands reserved by any band, Her Majesty reserves the right to deal with such settlers as She shall deem just so as not to diminish the extent of land allotted to Indians; and provided also that the aforesaid reserves of lands, or any interest or right therein or appurtenant thereto, may be sold, leased or otherwise disposed of by the said Government for the use and benefit of the said Indians, with the consent of the Indians entitled thereto first had and obtained.

And with a view to show the satisfaction of Her Majesty with the behaviour and good conduct of Her Indians She hereby, through Her Commissioners, makes them a present of twelve dollars for each man, woman and child belonging to the bands here represented, in extinguishment of all claims heretofore preferred.

And further, Her Majesty agrees to maintain schools for instruction in such reserves hereby made as to Her Government of Her Dominion of Canada may seem advisable whenever the Indians of the reserve shall desire it.

Her Majesty further agrees with Her said Indians that within the boundary of Indian reserves, until otherwise determined by Her Government of the Dominion of Canada, no intoxicating liquor shall be allowed to be introduced or sold, and all laws now in force or hereafter to be enacted to preserve Her Indian subjects inhabiting the reserves or living elsewhere within Her North-west Territories, from the evil influences of the use of intoxicating liquors, shall be strictly enforced.

Her Majesty further agrees with Her said Indians that they, the said Indians, shall have right to pursue their avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by Her Government of Her Dominion of Canada, and saving and excepting such tracts as may, from time to time, be required or taken up for settlement, mining, lumbering or other purposes by Her said Government of the Dominion of Canada, or by any of the subjects thereof duly authorized therefor by the said Government.

It is further agreed between Her Majesty and Her said Indians that such sections of the reserves above indicated as may at any time be required for Public Works or buildings of what nature soever may be appropriated for that purpose by Her Majesty's Government of the Dominion of Canada, due compensation being made for the value of any improvements thereon.

And further, that Her Majesty's Commissioners shall, as soon as possible after the execution of this treaty, cause to be taken an accurate census of all the Indians inhabiting the tract above described, distributing them in families, and shall in every year ensuing the date hereof, at some period in each year to be duly notified to the Indians, and at a place or places to be appointed for that purpose within the territory ceded, pay to each Indian person the sum of five dollars per head yearly.

It is further agreed between Her Majesty and the said Indians that the sum of fifteen hundred dollars per annum shall be yearly and every year expended by Her Majesty in the purchase of ammunition and twine for nets for the use of the said Indians.

It is further agreed between Her Majesty and the said Indians that the following articles shall be supplied to any band of the said Indians who are now actually cultivating the soil or who shall hereafter commence to cultivate the land, that is to say: two hoes for every family actually cultivating, also one spade per family as aforesaid, one plough for every ten families as aforesaid, five harrows for every twenty families as aforesaid, one scythe for every family as aforesaid, and also one axe and one cross-cut saw, one hand-saw, one pit-saw, the necessary files, one grind-stone, one auger for each band, and also for each Chief for the use of his band one chest of ordinary carpenter's tools; also for each band enough of wheat, barley, potatoes and oats to plant the land actually broken up for cultivation by such band; also for each band one yoke of oxen, one bull and four cows; all the aforesaid articles to be given once for all for the encouragement of the practice of agriculture among the Indians.

It is further agreed between Her Majesty and the said Indians that each Chief duly recognized as such shall receive an annual salary of twenty-five dollars per annum, and each subordinate officer, not exceeding three for each band, shall receive fifteen dollars per annum; and each such Chief and subordinate officer as aforesaid shall also receive once in every three years a suitable suit of clothing; and each Chief shall receive, in recognition of the closing of the treaty, a suitable flag and medal.

And the undersigned Chiefs, on their own behalf and on behalf of all other Indians inhabiting the tract within ceded, do hereby solemnly promise and engage to strictly observe this treaty, and also to conduct and behave themselves as good and loyal subjects of Her Majesty the Queen. They promise and engage that they will in all respects obey and abide by the law, that they will maintain peace and good order between each other, and also between themselves and other tribes of Indians, and between themselves and others of Her Majesty's subjects, whether Indians or whites, now inhabiting or hereafter to inhabit any part of the said ceded tract, and that they will not molest the person or property of any inhabitants of such ceded tract, or the property of Her Majesty the Queen, or interfere with or trouble any person passing or travelling through the said tract, or any part thereof; and that they will aid and assist the officers of Her Majesty in bringing to justice and punishment any Indian offending against the stipulations of this treaty, or infringing the laws in force in the country so ceded.

IN WITNESS WHEREOF, Her Majesty's said Commissioners and the said Indian Chiefs have hereunto subscribed and set their hands at the North-West Angle of the Lake of the Woods this day and year herein first above named.

Signed by the Chiefs within named, in presence of the following witnesses, the same having been first read and explained by the Honorable James McKay:

JAMES McKAY,

MOLYNEUX St. JOHN,

ROBERT PITHER,

CHRISTINE V. K. MORRIS,

CHARLES NOLIN,

A. McDONALD, Capt.,

Comg. Escort to Lieut. Governor.

JAS. F. GRAHAM,

JOSEPH NOLIN,

A. McLEOD,

GEORGE McPHERSON, Sr.,

SEDLEY BLANCHARD,

W. FRED. BUCHANAN,

FRANK G. BECHER,

ALFRED CODD, M.D.,

G. S. CORBAULT,

PIERRE LEVIELLER,

NICHOLAS CHATELAINE. ALEX. MORRIS L.G.,

J. A. N. PROVENCHER, Ind. Comr.,

S. J. DAWSON,

KEE-TA-KAY-PI-NAIS,

his x mark

KITCHI-GAY-KAKE,

his x mark

NO-TE-NA-QUA-HUNG,

his x mark

MAWE-DO-PE-NAIS,

his x mark

POW-WA-SANG,

his x mark

CANDA-COM-IGO-WI-NINE,

his x mark

MAY-NO-WAH-TAW-WAYS-KUNG,

his x mark

KITCHI-NE-KA-BE-HAN,

his x mark

SAH-KATCH-EWAY,

his x mark

MUKA-DAY-WAH-SIN,

his x mark

ME-KIE-SIES,

OOS-CON-NA-GEISH,

his x mark

WAH-SHIS-KOUCE,

his x mark

KAH-KEE-Y-ASH,

his x mark

GO-BAY,

his x mark

KA-ME-TI-ASH,

his x mark

NEE-SHO-TAL,

his x mark

KEE-JEE-GO-KAY,

his x mark

SHA-SHA-GAUCE,

his x mark

SHAW-WIN-NA-BI-NAIS,

his x mark

AY-ASH-A-WASH,

his x mark

PAY-AH-BEE-WASH,

his x mark

KAH-TAY-TAY-PA-O-CUTCH,

his x mark

We, having had communication of the treaty, a certified copy whereof is hereto annexed, but not having been present at the councils held at the North West Angle of the Lake of the Woods between Her Majesty's Commissioners, and the several Indian Chiefs and others therein named, at which the articles of the said treaty were agreed upon, hereby for ourselves and the several bands of Indians which we represent, in consideration of the provisions of the said treaty being extended to us and the said bands which we represent, transfer, surrender and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of Her Government of Her Dominion of Canada, all our right, title and privilege whatsoever, which we, the said Chiefs and the said bands which we represent have, hold or enjoy, of, in and to the territory described and fully set out in the said articles of treaty, and every part thereof. To have and to hold the same unto and to the use of Her said Majesty the Queen, Her heirs and successors forever.

And we hereby agree to accept the several provisions, payments and reserves of the said treaty, as therein stated, and solemnly promise and engage to abide by, carry out and fulfil all the stipulations, obligations and conditions therein contained, on the part of the said Chiefs and Indians therein named, to be observed and performed; and in all things to conform to the articles of the said treaty as if we ourselves and the bands which we represent had been originally contracting parties thereto, and had been present and attached our signatures to the said treaty.

IN WITNESS WHEREOF, Her Majesty's said Commissioners and the said Indian Chiefs have hereunto subscribed and set their hands, this thirteenth day of October, in the year of Our Lord one thousand eight hundred and seventy-three.

Signed by S. J. Dawson, Esquire, one of Her Majesty's said Commissioners, for and on behalf and with the authority and consent of the Honorable Alexander Morris, Lieutenant Governor of Manitoba and the North-West Territories, and J. A. N. Provencher, Esq., the remaining two Commissioners, and himself and by the Chiefs within named, on behalf of themselves and the several bands which they represent, the same and the annexed certified copy of articles of treaty having been first read and explained in presence of the fol lowing witnesses:

THOS. A. P. TOWERS,

JOHN AITKEN,

A. J. McDONALD.

UNZZAKI.

JAS. LOGANOSH,

his x mark

PINLLSISE. For and on behalf of the Commissioners, the Honorable Alexander Morris, Lieut. Governor of Manitoba and the NorthWest Territories, Joseph Albert Norbert Provencher, Esquire, and the undersigned

S. J. DAWSON,

Commissioner.

PAY-BA-MA-CHAS,

his x mark

RE-BA-QUIN,

his x mark

ME-TAS-SO-QUE-NE-SKANK,

his x mark

To S. J. Dawson, Esquire, Indian Commissioner, &c., &c., &c.

SIR,-We hereby authorize you to treat with the various bands belonging to the Salteaux Tribe of the Ojibbeway Indians inhabiting the North-West Territories of the Dominion of Canada not included in the foregoing certified copy of articles of treaty, upon the same conditions and stipulations as are therein agreed upon, and to sign and execute for us and in our name and on our behalf the foregoing agreement annexed to the foregoing treaty.

NORTH-WEST ANGLE, LAKE OF THE WOODS,

October 4th, A.D. 1873.

ALEX. MORRIS,

Lieutenant-Governor.

J. A. N. PROVENCHER,

Indian Commissioner.

ADHESION BY HALFBREEDS OF RAINY RIVER AND LAKE (A.)

This Memorandum of Agreement made and entered into this twelfth day of September one thousand eight hundred and seventy-five, between Nicholas Chatelaine, Indian interpreter at Fort Francis and the Rainy River and acting herein solely in the latter capacity for and as representing the said Half-breeds, on the one part, and John Stoughton Dennis, Surveyor General of Dominion Lands, as representing Her Majesty the Queen through the Government of the Dominion, of the other part, Witnesseth as follows:-

Whereas the Half-breeds above described, by virtue of their Indian blood, claim a certain interest or title in the lands or territories in the vicinity of Rainy Lake and the Rainy River, for the commutation or surrender of which claims they ask compensation from the Government.

And whereas, having fully and deliberately discussed and considered the matter, the said Half-breeds have elected to join in the treaty made between the Indians and Her Majesty, at the North-West Angle of the Lake of the Woods, on the third day of October, 1873, and have expressed a desire thereto, and to become subject to the terms and conditions thereof in all respects saving as hereinafter set forth.

It is now hereby agreed upon by and between the said parties hereto (this agreement, however, to be subject in all respects to approval and confirmation by the Government, without which the same shall be considered as void and of no effect), as follows, that is to say: The Half-breeds, through Nicholas Chatelaine, their Chief above named, as representing them herein, agree as follows, that is to say:-

That they hereby fully and voluntarily surrender to Her Majesty the Queen to be held by Her Majesty and Her successors for ever, any and all claim, right, title or interest which they, by virtue of their Indian blood, have or possess in the lands or territories above described, and solemnly promise to observe all the terms and conditions of the said treaty (a copy whereof, duly certified by the Honourable the Secretary of State of the Dominion has been this day placed in the hands of the said Nicholas Chatelaine).

In consideration of which Her Majesty agrees as follows, that is to say:-

That the said Half-breeds, keeping and observing on their part the terms and conditions of the said treaty shall receive compensation in the way of reserves of land, payments, annuities and presents, in manner similar to that set forth in the several respects for the Indians in the said treaty; it being understood, however, that any sum expended annually by Her Majesty in the purchase of ammunition and twine for nets for the use of the said Half-breeds shall not be taken out of the fifteen hundred dollars set apart by the treaty for the purchase annually of those articles for the Indians, but shall be in addition thereto, and shall be a pro rata amount in the proportion of the number of Half-breeds parties hereto to the number of Indians embraced in the treaty; and it being further understood that the said Half-breeds shall be entitled to all the benefits of the said treaty as from the date thereof, as regards payments and annuities, in the same manner as if they had been present and had become parties to the same at the time of the making thereof.

And whereas the said Half-breeds desire the land set forth as tracts marked (A) and ( on the rough diagram attached hereto, and marked with the initials of the parties aforementioned to this agreement, as their reserves (in all eighteen square miles), to which they would be entitled under the provisions of the treaty, the same is hereby agreed to on the part of the Government.

Should this agreement be approved by the Government, the reserves as above to be surveyed in due course.

Signed at Fort Francis, the day and date above mentioned, in presence of us as witnesses: A. R. TILLIE,

CHAS. S. CROWE,

W. B. RICHARDSON,

L. KITTSON. J. S. DENNIS, [L.S.]

NICHOLAS CHATELAINE. [L.S.]

his x mark

ADHESION OF LAC SEUL INDIANS TO TREATY No. 3

LAC SEUL, 9th June, 1874.

We, the Chiefs and Councillors of Lac Seul, Seul, Trout and Sturgeon Lakes, subscribe and set our marks, that we and our followers will abide by the articles of the Treaty made and concluded with the Indians at the North West Angle of the Lake of the Woods, on the third day of October, in the year of Our Lord one thousand eight hundred and seventy-three, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by Her Commissioners, Hon. Alexander Morris, Lieutenant Governor of Manitoba and the North-West Territories, Joseph Albert N. Provencher, and Simon J. Dawson, of the one part, and the Saulteaux tribes of Ojibewas Indians, inhabitants of the country as defined by the Treaty aforesaid.

IN WITNESS WHEREOF, Her Majesty's Indian Agent and the Chiefs and Councillors have hereto set their hands at Lac Seul, on the 9th day of June, 1874.

(Signed) ACKEMENCE, Councillors.

his x mark

MAINEETAINEQUIRE,

his x mark

NAH-KEE-JECKWAHE,

his x mark

The whole Treaty explained by R. J. N. PITHER.

Witnesses:

(Signed) JAMES McKENZIE.

LOUIS KITTSON.

NICHOLAS CHATELAINE.

his x mark R. J. N. PITHER, Indian Agent.

JOHN CROMARTY, Chief.

his x mark

[tracker 61]

I had brought up this subject awhile ago and still have not gotten the answer to it. Besides having a regulation (discharging a firearm at night)stopping me from hunting at night, why is it that there is a regulation? Is it to do with safety. I can see if the first nation were only allowed to hunt on reserve land than the odds of them shotting me would be probably be nil. But, being allowed to hunt at night on crown land, doesn't that put everyone at risk. When the treaties were signed, the only ones running around the bush were natives. Now, the bush is occupied by all types of resource users. If they need to hunt so badly at night, than give them their traditional torch and arrow to use. They would get tired of it in a hurry.

Quote from above post

"The SCC recognized that over time these devices will have evolved from simple torches to more modern lighting implements out of necessity and that “changes in method do not change the essential character of the practice, namely, night hunting with illumination.”

Using this type of logic, than the first nation people should not have to obey traffic regualtions. When the treaties were signed, they didn't have rules to follow when riding their traditional horse.

[Guest Wes]

Why not give them some night vision goggles too. I think it is a bunch of BS. The MNR are NOT a bunch of flippin retards. They make rules and regulations for a reason right? To preserve the resource. I think it is BS that some people have to follow these rules and some people don't. This crap chaps my rear end something fierce.

[Some Old Guy 968]

Hi Guys,

Just a heads up. I don't think that 1st nation people are included in the wildlife act. Therefore there's nothing to charge them with.

Roger

[Guest TerryK]

This crap chaps my rear end something fierce.

[Some Old Guy 968]

Sorry Terry........

I just had to............

Roger

[Guest Big Moose]

Just remember this thread when one night your sitting in your hunting camp and high powered slugs come whizzin through the walls and the response is "Don't worry I have a status card so I'm not breaking any laws"Oh yah sorry about yer buddy..

This is about as far as I'm gonna go with this unless further provoked

[tracker 61]

Hi Guys,

Just a heads up. I don't think that 1st nation people are included in the wildlife act. Therefore there's nothing to charge them with.

Roger

Roger, That is the whole point of this discussion.

They are self governed, policed etc... If they are doing something that is unsafe, morally wrong, not ethical or just plain doesn't make sense, who do they anwer to?

Obviously not a court of law. The MNR states the obvious infraction but the charge gets thrown out because the infraction didn't exist at the time the treaties were signed or the interpretation of it was covered in some treaty.

Here is a scenario that will be happening in the near future. Say the MNR find an area that the moose population has been dropping at a fast rate and that WMU will need to close moose hunting for indefinetely. Can you guess who will be the only ones allowed to kill off the rest of the population, any time, any season, and only has to answer to themselves.

[Some Old Guy 968]

Yes Tracker.

One more to add on top of that. Who will pay to re-establish the moose population in that area? Same as always.

Roger

[Some Old Guy 968]

Hey,

If that is the actual treaty mentioned, then am I reading this right?

*Her Majesty further agrees with Her said Indians that they, the said Indians, shall have right to pursue their avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by Her Government of Her Dominion of Canada*

Roger

[Guest Wes]

AHHH! Relief at last.

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