Treaty 3

Treaty No. 3, also known as the North-West Angle Treaty, was an agreement made 3 October 1873 between the Crown and the Saulteaux Band of the Ojibwa peoples of northwestern Ontario and eastern Manitoba.

The third of the eleven Numbered Treaties that would be made between the Crown and the Indigenous peoples of western Canada between 1871 and 1923, Treaty 3 would serve as the model for the treaties to come.

Treaty 3 is also unique in that there exists a written record of the native peoples’ understanding of the Treaty terms. Known as the Paypom document, the series of notes written for Chief Powassin during the treaty negotiations sets out the various promises that were made to the Indian signatories.

Numbered Treaties in Canada

Promises made to Treaty 2 Signatories

Annuities
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.

Treaty Land Entitlement
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.

Economic Benefits
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.

Ammunition and Twine
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.

Paypom Treaty Promises

  • The Government will give when Indians will be settled, two hoes, one plough for every ten families, five harrows for every twenty families, one yoke of oxen, one bull and four cows for every band, one scythe and one axe for every family and enough of wheat, barley and oats for the land broken up; this is to encourage them at the beginning of their labour, once for all.
  • Fifteen-hundred dollars every year in twine and munitions.
  • Twelve dollars for the first payment to every head of Indians and every subsequent year, five dollars.
  • Twenty-five dollars to every Chief every year. Councillor, first soldier and messenger, fifteen dollars.
  • The farming implements will be provided for during this winter to be given next year to those that are farming and to those who are anxious to imitate the farmers.
  • A set of carpenter tools will also be given.
  • Coats will be given to the Chiefs and their head men every three years. With regard to the other Indians there is goods here to be given them.
  • If some gold or silver mines be found in their reserves, it will be to the benefit of the Indians but if the Indians find any gold or silver mines out of their reserves they will surely be paid the finding of the mines
  • You will get rations during the time of the payment every year.

Types of Treaty 3 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 unpaid/no/inadequate 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