Treaty Number 2
Treaty 2 is the second of the eleven post-Confederation Numbered Treaties negotiated with the Indigenous peoples of Canada between 1871 and 1921.
Treaty 2, also known as the Manitoba Post Treaty, was an agreement made on 21 August 1871 between the Crown and the Anishinabe of southern Manitoba and southeastern Saskatchewan.
Within a year after the signing of Treaty 2, however, the Indian signatories were declaring that various items beyond the written terms of the treaty had not been provided to them. Known as the “Outside Promises”, these items included farming supplies and animals for agricultural development. The matter of the Outside Promises would be resolved by Order in Council in 1875, whereby the various promises stated in a memorandum dated 3 August 1873 were made part of the treaty.
Promises made to Treaty 2 Signatories
And further, that Her Majesty’s Commissioner 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 during the month of August in each year to be duly notified to the Indians, and at or near their respective reserves, pay to each Indian family of five persons the sum of fifteen dollars, Canadian currency, or in like proportion for a larger or smaller family, such payment to be made in such articles as the Indians shall require of blankets, clothing, prints (assorted colours), twine or traps, at the current cash price in Montreal, or otherwise, if Her Majesty shall deem the same desirable in the interest of Her Indian people, in cash.
Treaty Land Entitlement
Her Majesty the Queen hereby agrees and undertakes to lay aside and reserve for the sole and exclusive use of the Indians inhabiting the said tract the following lots of land, that is to say:
For the use of the Indians belonging to the band of which Mekis is Chief, so much land between Turtle River and Valley River, on the south side of Lake Dauphin, as will make one hundred and sixty acres for each family of five persons, or in the same proportion for a greater or smaller number of persons. And for the use of the Indians belonging to the band of which François, or Broken Fingers, is Chief, so much land on Crane River, running into Lake Manitoba, as will make one hundred and sixty acres for each family of five persons, or in the same proportion for a greater or smaller number of persons.
And for the use of the band of Indians belonging to the bands of which Ma-sah-kee-yash and Richard Woodhouse are Chiefs, so much land on the river between Lake Manitoba and St. Martin’s Lake, known as “Fairford River,” and including the present Indian mission grounds, as will make one hundred and sixty acres for each family of five persons, or in the same proportion for a greater or smaller number of persons.
And for the use of the Indians of whom Sou-sonce is Chief, so much land on the east side of Lake Manitoba, to be laid off north of the creek near which a fallen elm tree now lies, and about half way between Oak Point and Manitoba Post, so much land as will make one hundred and sixty acres for each family of five persons, or in the same proportion for a greater or smaller number of persons. Saving, nevertheless, the rights of any white or other settler now in occupation of any lands within the lines of any such reserve.
MEMORANDUM of things outside of the Treaty which were promised at the Treaty at the Lower Fort, signed the 3rd day of August, A.D. 1871. For each Chief that signed the treaty, a dress distinguishing him as Chief. For braves and for councillors of each Chief, a dress: it being supposed that the braves and councillors will be two for each Chief. For each Chief, except Yellow Quill, a buggy. For the braves and councillors of each Chief, except Yellow Quill, a buggy. In lieu of a yoke of oxen for each reserve, a bull for each, and a cow for each Chief; a boar for each reserve, and a sow for each Chief, and a male and female of each kind of animal raised by farmers; these when the Indians are prepared to receive them. A plow and a harrow for each settler cultivating the ground. These animals and their issue to the Government property, but to be allowed for the use of the Indians, under the superintendence and control of the Indian Commissioner. The buggies to be the property of the Indians to whom they are given.
Types of Treaty 2 Claims
- Treaty Land Entitlement
- Annuities or annuity indexation
- Failure to pay gratuities
- Annual amount on ammunition and twine
- Agricultural implements, tools, seeds and livestock
- Chiefs’ and Councillors’ salaries and triennial clothing
- Other treaty rights – badge, flag, copy of treaty
- Failure to set aside reserve
- Failure to recognize a First Nation (as separate and distinct)
- Non-adherence to / non-representation at treaty
- Other unwritten but First Nation-understood treaty promises (education, annual feast, government assistance, and doctor/medical services and supplies/’medicine chest’)
Claims Based on Land or Money Assets
- Illegal exclusion of lands from reserve
- Illegal taking or surrenders of reserve land or inadequate/no compensation
- Illegal taking of “special” reserves or game reserves
- Flooding of reserve land or illegal expropriation, inadequate/no compensation, mismanagement
- Riparian/water rights adjacent to reserve
- Timber on reserve – illegal expropriations, inadequate/no compensation, mismanagement
- Mismanagement or inadequate sales of surrendered lands
- Mismanagement of Trust Fund Account
- Leases of reserve lands, illegal expropriations, inadequate/no compensation, mismanagement of revenues
- Railway ROW – illegal expropriations, inadequate/no compensation, mismanagement
- Hydro or other public works ROW – illegal expropriations, inadequate/no compensation, mismanagement
- Other buildings on-reserve (church, store, RCMP, MNR, Hydro, etc.) illegal expropriations, inadequate/no compensation, mismanagement
- Mining – illegal expropriations, inadequate/no compensation, mismanagement of revenues