Treaty between his Majesty the King and the Chippewa Indians of
Christian Island, Georgina Island and Rama
15th November 1923
ARTICLES OF A TREATY made and concluded on the thirty-first
day of October, in the year of Our Lord One thousand nine hundred
and twenty-three, between His Most Gracious Majesty, George the
Fifth, of the United Kingdom of Great Britain and Ireland, King,
Defender of the Faith, Emperor of India, by His Commissioners: Angus
Seymour Williams, of the City of Ottawa, in the Province of Ontario,
Esquire, Barrister-at-law, and Departmental Solicitor of the Department
of Indian Affairs; Robert Victor Sinclair, of the said City of Ottawa,
Esquire, One of His Majesty's Counsel, learned in the law, and Uriah
McFadden, of the City of Sault Sainte Marie, in the said Province,
Esquire, one of His Majesty's Counsel learned in the law; the said
Angus Seymour Williams, Chairman of the said Commission, representing
the Dominion of Canada, and the said Robert Victor Sinclair and
Uriah McFadden, representing the Province of Ontario, of the One
Part; and the Members of the Chippewa Tribe, inhabiting, as members
of Bands thereof, reserves at Christian Island, Georgina Island
and Rama, all in the Province of Ontario, by their Chiefs and Headmen,
of the Other Part.
WHEREAS, the Chippewa Tribe above described, having claimed
to be entitled to certain interests in the lands in the Province
of Ontario, hereinafter described, such interests being the Indian
title of the said tribe to fishing, hunting and trapping rights
over the said lands, of which said rights His Majesty through His
said Commissioners, is desirous of obtaining a surrender, and for
such purpose has appointed the said Commissioners, with power on
behalf of His said Majesty, to enquire into the validity of the
claims of the said tribe, and, in the event of the said Commissioners
determining in favour of the validity thereof, to negotiate a treaty
with the said tribe for the surrender of the said rights upon the
payment of such compensation therefor as may seem to the said Commissioners
to be just and proper:
AND WHEREAS the said Commissioners, having duly made the
said enquiry, have determined in favour of the validity of the said
AND WHEREAS the Indians belonging to the said tribe, having
been duly convened in council, at the respective places named hereunder,
and having been requested by the said Commissioners to name certain
chiefs and headmen to be authorized on their behalf to conduct negotiations
with the said Commissioners for a surrender of the said rights and
to sign a treaty in respect thereof and to become responsible to
His Majesty for the faithful performance by the said tribe and by
the respective bands thereof inhabiting the said reserves, of such
obligations as shall be assumed by them under such treaty, the said
Indians have therefore appointed for the purpose aforesaid the several
chiefs and headmen who have subscribed to this treaty:
AND WHEREAS the said Commissioners, acting under the powers
in them reposed as aforesaid, have negotiated the present treaty
with the said tribe:
NOW THEREFORE THIS TREATY WITNESSETH that the said tribe
and the Indians composing the same, occupying as members of bands
the said reserves, by their chiefs and headmen, duly authorized
thereunto, as aforesaid, 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 right, title, interest,
claim, demand and privileges whatsoever, in, to, upon, or in respect
of the lands and premises described as follows, that is to say:
FIRSTLY: All that parcel of land situate in the Province
of Ontario and described as commencing on the northeasterly shore
of Georgian Bay at that mouth of the French River which forms the
boundary between the District of Parry Sound and the District of
Sudbury; thence southerly and easterly along the shores of Georgian
Bay to that point on Matchedash Bay where the land included in the
surrender of the eighteenth day of November, 1815, of record in
Book of Surrenders, Volume I, is reached, and including all the
islands in the Georgian Bay waters in which the Indians making this
treaty have any interest; thence along the easterly limit of the
said lands purchased in 1815 to the Narrows between Lake Couchiching
and Lake Simcoe; thence due east across the said Narrows; thence
southerly and easterly following the east side of the Narrows and
the north shore of Lake Simcoe to the foot of McPhee Bay off the
northerly part of Lake Simcoe; thence by a straight line easterly
to a point thirty-three miles north of the northwest corner of the
Township of Rawdon measured along the division line between the
Counties of Hastings and Peterborough, which point is the most western
northwest corner of the parcel surrendered on the twenty-eight day
of November, 1822 (noted in Volume I of the Book of Surrenders as
number twenty-seven and one-quarter, 27¼); thence following
the north and west boundaries of the last mentioned parcel to the
Ottawa River; thence westerly along the interprovincial boundary
to the mouth of the Mattawa River; thence westerly by the waters
of Mattawa River, Talon Chute and Talon Lake, Turtle Lake, and Trout
Lake to the westerly point of Trout Lake; thence to the shore of
Lake Nipissing at North Bay; thence by the north shore of Lake Nipissing
to the French River; thence by those waters along the division line
between the Districts of Parry Sound and Sudbury to the place of
commencement: Excepting thereout and therefrom those lands which
have already been set aside as Indian Reserves. The parcel hereby
surrendered contains seventeen thousand, six hundred square miles,
more or less.
SECONDLY: All that parcel of land situate in the Province
of Ontario and described as parts of the Counties of Northumberland,
Durham, Ontario and York, commencing at the point where the easterly
limit of that portion of the lands said to have been ceded in 1787,
which was confirmed on the first day of August, 1805, of record
as number thirteen in Volume I of the Book of Surrenders, intersects
the northerly shore of Lake Ontario; thence northerly along the
said easterly and northerly limits of the confirmed tract to the
Holland River; thence northerly along the Holland River and along
the westerly shore of Lake Simcoe and Kempenfelt Bay to the Narrows
between Lake Couchiching and Lake Simcoe; thence southeasterly along
the shores of Lake Simcoe to the Talbot River; thence easterly along
the Talbot River to the boundary between the Townships of Victoria
and Ontario; thence southerly along that boundary to the northwest
angle of the Township of Darlington; thence along the northerly
boundary line of the Townships of Darlington, Clarke, Hope and Hamilton
to Rice Lake; thence along the southern shore of said lake to River
Trent along the River Trent to the Bay of Quinte; thence westerly
and southerly along the shore of the Bay of Quinte to the road leading
to Carrying Place and Wellers Bay; thence westerly along the northern
shore of Lake Ontario to the place of beginning; excepting thereout
and therefrom those lands which have already been set aside as Indian
reserves. The land hereby conveyed contains two thousand, five hundred
square miles more or less.
AND ALSO all the right, title, interest, claim, demand and
privileges whatsoever of the said Indians, in, to, upon or in respect
of all other lands, situate in the Province of Ontario to which
they ever had, now have, or now claim to have any right, title,
interest, claim, demand or privileges, except such reserves as have
heretofore been set apart for them by His Majesty the King.
TO HAVE AND TO HOLD the same to His Majesty the King and
His Successors forever:
AND THIS TREATY FURTHER WITNESSETH that in consideration
of the aforesaid surrender, His Majesty, through His said Commissioners,
hereby agrees, upon the execution of a treaty similar to this treaty
by the Mississauga tribe inhabiting as members of bands, reserves
at Rice Lake, Mud Lake, Scugog Lake and Alderville, in the Province
of Ontario, to pay to each member of the said Chippewa tribe, being
also a member of one of the said bands, the sum of twenty-five dollars,
to be paid through the Indian agents for the respective bands, within
a reasonable time after the execution of the said treaties, and
a further sum of -233,375.00 dollars - to be administered for the
said tribe by His Majesty's Department of Indian Affairs under and
pursuant to the provisions of the Indian Act, Revised Statutes of
Canada, 1906, Chapter 43 and its amendments: Making together the
sum of two hundred and fifty thousand dollars.
AND THE UNDERSIGNED chiefs and headmen, on their own behalf
and on behalf of all the Indians whom they represent, do hereby
solemnly covenant, promise and agree to strictly observe this treaty
in all respects and that they will not, nor will any of them, nor
will any of the Indians whom they represent, molest or interfere
with the person or property of anyone who now inhabits or shall
hereafter inhabit any portion of the lands covered by this treaty,
or interfere with, trouble, or molest any person passing or travelling
through the said lands or any part thereof, and that they will assist
the officers of His Majesty in bringing to justice and punishment
any Indian, party to this treaty, who may hereafter offend against
the stipulations hereof or infringe the laws in force in the lands
AND IT IS FURTHER UNDERSTOOD that this treaty is subject
to an agreement dated the day of April, A.D. 1923, made between
the Dominion of Canada and the Province of Ontario, a copy of which
is hereto attached.
IN WITNESS WHEREOF, His Majesty's said Commissioners and
the said chiefs and headmen have hereunto set their hands and seals
at the places and times hereinafter set forth, in the year herein
first above written.
SIGNED AND SEALED at Georgina Island on the thirty-first
day of October, A.D. 1923, by His Majesty's Commissioners and the
undersigned chiefs and headmen in the presence of the undersigned
witnesses, after first having been interpreted and explained.
- Kathleen Moodie
- W. J. Kay.
- A. S. Williams, Chairman
- R. V. Sinclair.
- Uriah McFadden.
- Charles Big Canoe.
- J. E. Big Canoe.
- J. Sam York.
- Thos. Big Canoe.
- Enoch Big Canoe.
SIGNED AND SEALED at Christian Island on the third day of
November, A.D. 1923, by His Majesty's Commissioners and the undersigned
chiefs and headmen in the presence of the undersigned witnesses,
after first having been interpreted and explained.
- Kathleen Moodie
- C. J. Picotte
- A. S. Williams, Chairman
- R. V. Sinclair.
- Uriah McFadden.
- Henry Jackson.
- Frank Copegog.
- Albert Monague.
- John S. Hawk.
- Edward W. King.
- Robert Marsden.
- Jerry D. Monague.
- Walter Simons.
- Soloman Mark.
- William Phillip Assance.
SIGNED AND SEALED at Rama on the seventh day of November,
A.D. 1923, by His Majesty's Commissioners and the undersigned chiefs
and headmen in the presence of the undersigned witnesses, after
first having been interpreted and explained.
- Kathleen Moodie
- J. Anderson
- A. S. Williams, Chairman
- R. V. Sinclair.
- Uriah McFadden.
- Alder York Chief.
- J. P. Stinson.
- David Simcoe.
- Samuel Snake.
- Alfred Williams.
- John Bigwin.
MEMORANDUM OF AGREEMENT made this - of April, 1923,
The Government of the Dominion of Canada, acting herein by the Honourable
Charles Stewart, Superintendent General of Indian Affairs,
of the first part,
The Government of the Province of Ontario, acting herein by the
Honourable Beniah Bowman, Minister of Lands and Forests for the
of the other part
WHEREAS certain Indians of the Chippewa and Mississauga
tribes claim that the said tribes were and are entitled to a certain
interest in lands in the Province of Ontario to which the Indian
title has never been extinguished by surrender or otherwise, the
said lands being described as parts of the counties of Renfrew,
Hastings, Haliburton, Muskoka, Parry Sound and Nipissing, and being
bounded on the south and east by the lands included in the surrenders
of the Indian title made on the 18th of November, 1815, the 5th
of November, 1818, and November, 1822; on the north by the Ottawa
and Mattawa Rivers and Lake Nipissing, and on the west by the lands
included in the surrender of the Indian title made in 1850, known
as the Robinson-Huron surrender, and by the Georgian Bay, the area
in question including about 10,719 square miles.
AND WHEREAS a departmental enquiry made by the Department
of Indian Affairs indicates that the said claim has such probable
validity as to justify and require further investigation, and if
found valid to be satisfied on such just and fair terms as may be
settled by a treaty of surrender.
NOW THEREFORE THIS AGREEMENT made in pursuance of certian
statutes of Canada and of the Province of Ontario, both intituled
"an Act for the settlement of certain questions between the
Governments of Canada and Ontario respecting Indian Lands,"
the Statute of Canada having been passed in the 54th and 55th years
of the reign of Her Majesty Queen Victoria and chaptered 5, and
the statute of Ontario in the 54th year of Her Majesty's said reign
and chaptered 3.
WITNESSETH THAT the Governments of Canada and of the Province
of Ontario have agreed as follows:
- The Government of Canada will, pursuant to Part I of the Enquiries
Act, R.S.C., 1906, c. 104, and amendments, appoint three persons
as commissioners to enquire into the validity of the claim of
the Chippewa and Mississauga Indians aforesaid, and will empower
the said commissioners, in the event of their determining in favour
of the validity of the said claim, to negotiate a treaty with
the said Indians for the surrender of the said lands upon payment
of such compensation as may be fixed by such treaty.
- Of the three commissioners so named, one shall be selected by
the Government of Canada, who shall be Chairman of the Commission,
and the remaining two shall be selected by the Minister of Lands
and Forests for the Province of Ontario and notified to the Superintendent
General of Indian Affairs.
- The question of the validity of said claim may be determined
by any two of the said Commissioners and it shall be necessary
that at least two of them of whom the chairman shall be one shall
concur in any treaty which may be negotiated.
- The expenses of the said commission, including the remuneration
and expenses of the commissioners and any expenses incurred for
securing the attendance of witnesses or otherwise, shall be payable
by the Government of Canada, but the rates of remuneration of
each of the commissioners selected by the Minister of Lands and
Forests for the Province of Ontario shall be agreed upon between
him and the Superintendent General of Indian Affairs before the
Constitution of the Commission.
- In the event of the commissioners negotiating a treaty with
the Indians the compensation to be paid to such Indians shall
be payable to the Dominion of Canada by the Province of Ontario
from time to time in accordance with the terms of the treaty of
surrender, and shall be applied by the Dominion of Canada in accordance
with the said terms.
- In the event of provision being made by such treaty of surrender
for the setting apart of reserves for the Indians, the Dominion
of Canada will bear the expense to be incurred in the location
and survey thereof, and the Province of Ontario will concur in
the setting apart of such reserves.
- All such reserves shall be administered by the Dominion of Canada
for the benefit of the band or bands of Indians to which each
may be allotted; portions thereof may, upon their surrender for
the purpose by the said band or bands, be sold, leased or otherwise
disposed of by letters patent under the Great Seal of Canada,
and the proceeds of such sale, lease or other disposition applied
for the benefit of such band or bands, provided, however, that
in the event of the band or bands to which any such reserve has
been allotted becoming extinct, or if for any other reason such
reserve or such portion thereof as remains undisposed of is declared
by the Superintendent General of Indian Affairs to be no longer
required for the benefit of the said band or bands, the same shall
thereafter be administered by and for the benefit of the Province
of Ontario, and any balance of the proceeds of the sale or other
disposition of any portion thereof then remaining under the control
of the Dominion of Canada shall, so far as the same is not still
required to be applied for the benefit of the said band or bands
of Indians, be paid to the Province of Ontario, together with
accrued unexpended simple interest thereon.
IN WITNESS WHEREOF these presents have been signed by the
Signed and Delivered on behalf of the Government of Canada by the
Honourable Charles Stewart, Superintendant General of Indian Affairs,
in the presence of :
- [sgd.] W. J. Pratt.
- [sgd.] Chas. Stewart.
Signed and Delivered on behalf of the Government of the province
of Ontario by the honourable Beniah Bowman, Minister of Lands and
Forests for the said province, in the presence of :
- [sgd.] W. C. Cain.
- [sgd.] Beniah Bowman.
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