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The Omushkegowuk and the Anishinaabe peoples living in the James Bay watershed faced a time of immense change at the turn of the 20th century. After years of petitions from Indigenous communities requesting a treaty, the federal government and Ontario began negotiating between themselves details of a treaty. So in the summers of 1905 and 1906, three commissioners and their delegation embarked on two remarkable voyages by train and canoe throughout northern Ontario to present the treaty, forever changing the territory.
Requests of Protection and Assistance Through Treaty
In 1870, Canada acquired Rupert’s Land, a territory that had previously been claimed by the Hudson’s Bay Company (HBC) since the late 1600s, along with the North-Western Territory. The government sought to extinguish title to large swaths of Indigenous land in order to enable settlement and resource development in western and northern Canada. From 1871 to 1921, eleven “numbered treaties” were created. Although not all Indigenous leaders wanted a treaty, the impact of diseases like measles, tuberculosis, and smallpox and starvation caused by declining traditional food resources forced others to see a treaty as a way to protect their peoples. The James Bay Treaty, the ninth of the numbered treaties, was made during this era.
The completion of the Canadian Pacific Railway in 1885 near the height of land defining the Hudson and James Bay watershed (and the southern boundary of what became the James Bay Treaty) signaled a new era of change for the Omushkegowuk and the Anishinaabe peoples, and a growing desire for resource development by Euro-Canadians.
Click to see a larger image
Detail of Matthews, Northrup & Co., “Map of the Canadian Pacific Railway and its connections”, [1892]
Library and Archives Canada, Local class no.: H2/1100/[1892], NMC no. 24978, MIKAN no. 4141588
In 1902, Ontario incorporated the Temiskaming and Northern Ontario Railway, which added further pressures of mining, forestry, and hydroelectricity development and commercial activities in the Moose River basin.
Railroads had led to non-Indigenous poachers, prospectors and threatened hunting resources, along with growing hunger and sickness. Indigenous communities were concerned that they would lose their traditional way of life, as encroachment led to the loss of livelihood from traditional harvesting, a lack of food resources, and disease.
The Omushkegowuk and the Anishinaabe living north of the height of land believed a treaty might ensure protection and economic security in the wake of impending Euro-Canadian settlement and development, and so they began to petition the Government of Canada. Some of these communities, like that of which Sahquakegick (also known as Louis Espagnol) was chief, had contacts in other communities which had been signatories to the Robinson Treaties of 1850, which guaranteed hunting and fishing rights to Indigenous communities to lands north of Lake Superior and Huron (south of the height of land), along with reserves and annual payments. Leaders petitioned the Crown for a treaty to receive the same assistance and protection Robinson Treaties signatories had received. Indian Agents, HBC Factors, and church missionaries also sent petitions.
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[Sahquakegick] Louis Espagnol (Espaniel), last HBC post manager at Pogamising Lake, just east of Biscotasing, ca. 1880s
Donald B. Smith fonds
C 273-1-0-17-1
Archives of Ontario, I0051946
| “All of my old people who used to hunt near here are in great need. The trappers have stolen our beaver, so there is nothing left for them to hunt … there are also about twenty old sick women, invalids and orphans who are very badly off and they all join me in asking you to help us.” |
| - Sahquakegick (Louis Espagnol), Eshkemanetigon chief, to James Phipps, visiting superintendent of Indian Affairs for Manitoulin Island and Lake Huron, December 1884 |
Initially, Canada ignored requests for a treaty. The federal government was in conflict with Ontario about the location of provincial boundaries, jurisdiction over natural resources, and the degree to which provinces were responsible for the costs of treaty annuities. Adding to this, an 1894 federal/provincial agreement outlined that any future treaty over lands in Ontario must “require the concurrence” of the province.
By April 1904, the discovery of minerals in northwestern Ontario added urgency to Canada’s desire to extinguish Indigenous title and develop the territory’s mining potential. Further expansion of the rail network, timber development, and hydro-electric production were also on the horizon.
After nearly a year of delay from Ontario, in May 1905 both governments began negotiating in the terms of the treaty’s written document. Ontario had a series of demands, including that one of the three commissioners would represent the province and that no Indigenous reserves in the treaty territory would be located in areas with hydro-electricity development potential greater than 500 horsepower.
Canada and Ontario agreed to the terms by early July. Although ratification of the treaty required the agreement of Indigenous peoples living in the territory, neither the Omushkegowuk nor the Anishinaabe were involved in creating the terms of the written document, nor were the government representatives permitted to change the terms during the treaty expedition.
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
[Page 1]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031638
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031637
[Page 2 ]
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031636
[Page 3]
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031569
[Page 4]
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031635
[Page 5]
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031634
[Page 6]
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Written document of James Bay Treaty
(Treaty No. 9), 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-1
Archives of Ontario, I0031633
[Page 7]
Click to download a high-resolution copy
of the James Bay Treaty (Treaty No. 9) (PDF).
A text version of the James Bay Treaty (Treaty No. 9) is available on the Crown-Indigenous Relations and Northern Affairs Canada website.
The Treaty Expedition
Over two summers in 1905-1906, a treaty delegation journeyed throughout the James Bay watershed to meet with Indigenous communities. Three commissioners represented the Crown: civil servants Duncan Campbell Scott and Samuel Stewart for the federal government, and miner Daniel G. MacMartin for Ontario. The commission team also included two police constables and a doctor; professor Pelham Edgar and artist Edmund Morris joined the 1906 expedition.
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The Commissioners – Fort Albany, August 3, 1905
[The James Bay Treaty commissioner team at Fort Albany Post. Standing: Joseph L. Vanasse (L), James Parkinson (R), both of the North-West Mounted Police. Seated: Commissioners Samuel Stewart (L), Daniel G. MacMartin (C), Duncan Campbell Scott (R). Foreground: HBC Chief Trader Thomas Clouston (T.C.) Rae, who organized logistics for the tour on behalf of the HBC (R), Dr. A.G. Meindl, Medical Attendant (L)]
Duncan Campbell Scott fonds
C 275-2-0-1 (S 7546)
Archives of Ontario, I0010627
Accompanying the expedition team in 1905 was river guide James Swain and his canoe crew, who carried up to 300 pounds of equipment and supplies over the journey’s numerous portages. The commissioners’ party brought with them a glass-plate camera, which they used to take hundreds of photographs of the treaty-making voyage. Supplies also included Union Jack flags, a strongbox filled with thousands of dollars, and parchment. During the 1906 expedition, Michel Batise of Matachewan Post worked as head guide.
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This exhibit includes photographs from the Duncan Campbell Scott fonds taken during the Commissioners’ trips in 1905-1906. Someone at the time —likely Scott—took the photos and titled them. These original titles are provided in this exhibit, along with further details and/or more culturally-sensitive information in parentheses. If you know any information that should be included with these photos, please contact us. |
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Jimmie Swain – Guide, [ca. 1905]
[James Swain, head canoe guide for the 1905 expedition]
Duncan Campbell Scott fonds
C 275-2-0-2 (S 7522)
Archives of Ontario, I0010643
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Chief Michel and wife, Fort Metachewan, July 20, 1906
[Chief Michel Batise and wife, at the Matachewan Post signing ceremony]
Duncan Campbell Scott fonds
C 275-1-0-5 (S 7658)
Archives of Ontario, I0010708
The James Bay Treaty was the first major treaty in Ontario in which the treaty signing took place in many locations, rather than at a single event.
In early July 1905, the commissioners arrived via rail at the Dinorwic CPR station. From there, they journeyed northeast on the Albany River in 30-foot HBC canoes to Osnaburgh Post (Mishkeegogamang First Nation), Fort Hope Post (Eabemetoong First Nation), and Marten Falls Post (Ogoki First Nation) to the river’s delta at Fort Albany Post (Kashechewan First Nation). They arrived at Moose Factory Post (Moose Cree First Nation) following a trip along the coast in York boats, before a stop at New Post (Taykwa Tagamou First Nation). By late August, they continued south to the railhead at Haileybury, where they took the train back to Ottawa.
The 1906 expedition made the following treaty-signing stops: Abitibi Post (Abitiwinni First Nation, Wahgoshig First Nation), Matachewan Post (Matachewan First Nation), Mattagami Post (Mattagami First Nation), Flying Post (Flying Post First Nation), New Brunswick House Post (New Brunswick House First Nation), and Long Lake Post (Ginoogaming First Nation).
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1905-1906 James Bay Treaty Signing Locations
[Basemap:] Map of the Province of Ontario: Dominion of Canada, including notes on treaties by J.L Morris, 1930-1931
J.L. Morris family fonds
F 1060-1-0-51
Archives of Ontario, I0030958
Slideshow: 1905-1906 Treaty Expedition Journeys
Click below to view a Slideshow of more photographs of the treaty expedition’s 1905-1906 journeys:
Treaty Ceremonies
The treaty commissioners spent only a few days each at the HBC posts in 1905-1906. At each stop, a similar routine took place. The commissioners requested the community to select representatives who heard the treaty explained to them by interpreters and asked questions. The treaty document, written in English only, was presented to Indigenous leaders as a completed document for signature, and no negotiation of terms took place. Commissioners neither provided a full version of the treaty translated into languages of the local Indigenous peoples (Anishinaabemowin, Ininiimowin/Ililiimowin/Mushkegowiimowin, and Ansihininimowin), nor did they leave the document or a copy for review.
Historica Canada Heritage Minutes: Naskumituwin (Treaty)
Watch a dramatization of the making of Treaty No. 9 from the perspective of historical witness George Spence, an 18-year-old, Omushkegowuk hunter from Fort Albany, James Bay.
Heritage Minute courtesy of Historica Canada.
Once the representatives agreed to the oral treaty as presented by the commissioners, they signed both copies of the written document with their name or with a “+”.
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Detail from page 4 of the James Bay Treaty’s written document, showing signatures and marks made at Matachewan, 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653
Archives of Ontario, I0031635
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Page 4 of the James Bay Treaty’s written document, including signatures at Matachewan, Mattagami, and Flying Post, 1905-1906
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653
Archives of Ontario, I0031569
Speeches were made, most community members received an $8 gift and the promise of a $4 annuity in perpetuity, and a Union Jack flag was presented to signatory communities before a celebration feast took place.
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Barney Batise standing with flag presented to his grandfather Chief Michel Batise during James Bay Treaty ceremonies at Matachewan Post in 1906
Photo taken at National Treaties 1-11 Gathering and CreeFest, Taykwa Tagamou Nation, August 28-31, 2017
Image courtesy of Heather Home
A fascinating set of records at the Archives of Ontario are two paylist booklets from 1905. These documents list recipients of the $8 gift, and other information related to their families.
Click to download high-resolution copies of both paylist booklets:
- English River, Fort Albany, Moose Factory, and New Post Paylist Booklet (PDF)
- Osnaburg, Fort Hope, and Marten Falls Paylist Booklet (PDF)
The 1905 paylist distinguishes between “Dominion Indians” and “Ontario Indians”. The federal government had given discretion to Commissioners Scott and Stewart to admit into the treaty Indigenous communities whose hunting territories lay outside of Ontario’s 1905 boundaries (“Dominion Indians”). Based on the pre-negotiated agreement between the federal government and Ontario, the province was responsible only for treaty annuities for Indigenous peoples living inside provincial boundaries (“Ontario Indians”).
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List of payment recipients at Osnaburg Post, Paylist Booklet for James Bay Treaty Payments, 1905
Crown land survey correspondence and reports relating to Indian reserves and land claims
RG 1-273-5-2-1
Archives of Ontario, RG 1-273-5-2-1_006 &
RG 1-273-5-2-1_007
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Recapitulation of Paylist, Playlist Booklet for James Bay Treaty Payments, 1905
Crown land survey correspondence and reports relating to Indian reserves and land claims
RG 1-273-5-2-1
Archives of Ontario, RG 1-273-5-2-1_32
Indigenous peoples viewed the signing as a ceremony witnessed by the Creator. Medicine was offered to acknowledge the Spirit. The community elected a chief and councillors and reserve lands were selected (as Ontario had insisted during earlier negotiations with Canada, no reserves were located areas with a known hydro-electricity development potential greater than 500 horsepower).
Once the ceremonies ended, the commissioners got in their canoe and left for the next post.
Slideshow: 1905-1906 Treaty Ceremonies
Click below to view a Slideshow of more photographs of the treaty ceremonies:
The treaty commission’s official report, along with diaries and other records created by the commissioners and their delegation that document the ceremonies, show Indigenous peoples concerned with maintaining their way of life. Leaders often asked questions about their hunting, trapping and fishing rights and the continuity of their traditional livelihood. These were complex issues, and they were initially skeptical about conditions of the treaty. Nonetheless, commissioner Duncan Campbell Scott’s misleading promises convinced Indigenous leaders that their concerns were unfounded. They understood through the oral promises that the treaty would help them achieve pimatisiwin—happiness, prosperity, and protection of their traditional ways of life.
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Explore this exhibit’s section on the diary of treaty commissioner Daniel G. MacMartin to learn more about this important archival record and how it documents oral promises the commissioners made to Indigenous signatories during the treaty ceremonies. |
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“Missabay, the recognized chief of the band, then spoke, expressing the fears of the Indians that, if they signed the treaty, they would be compelled to reside upon the reserve to be set apart for them, and would be deprived of the fishing and hunting privileges which they now enjoy. On being informed that their fears in regard to both these matters were groundless, as their present manner of making their livelihood would in no way be interfered with, the Indians talked the matter over among themselves, and then asked to be given till the following day to prepare their reply.” -Description of proceedings at Osnaburg Post
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Blind Chief Missalog making a speech, Osnaburg, July 12, 1905
[Blind Chief Missabay addressing the assembly before the feast held after the James Bay Treaty signing ceremony, Osnaburgh Post]
Duncan Campbell Scott fonds
C 275-1-0-2 (S 7600)
Archives of Ontario, I0010717
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“A more general conversation in explanation of the terms of the treaty followed than had occurred at Osnaburg. Moonias, one of the most influential chiefs, asked a number of questions. He said that ever since he was able to earn anything, and that was from the time he was very young, he had never been given something for nothing; that he always had to pay for everything that he got, even if it was only a paper of pins. ‘Now,’ he said, ‘you gentlemen come to us from the King offering to give us benefits for which we can make no return. How is this?’” -Description of proceedings at Fort Hope Post |
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Chief Monius – Fort Hope: …. , July 19, 1905
[Chief Moonias waiting for the Treaty signing ceremony, Fort Hope Post]
Duncan Campbell Scott fonds
C 275-1-0-6 (S 7528)
Archives of Ontario, I0010653
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Edmund Montague Morris, “Moonias”, 1905,
Pastel on paper,
Collection of the Glenbow Museum, Calgary, Canada, 60.14
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“From our hearts we thank you, kitchi okimaw [great chief (the Crown)], for how you’ve pitied us and how you’ve helped us, as our spirits are poor, and for how you came to our land and helped us in our weakness.” -Translation of William Goodwin’s syllabic address by William Louttit Sr.
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![[Portion of syllabic] address by William Goodwin](../../../../images/jamesbaytreaty/making_the_treaty/F-775_MU2128_010[cropped].jpg)
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[Portion of syllabic] address by William Goodwin contained in letter read during treaty ceremonies at Fort Albany Post, documented in Duncan Campbell Scott, “The Last of the Indian Treaties”, Scribner’s Magazine (November 1906), Page 582
Miscellaneous collection
F 775
Archives of Ontario, F 775_MU2128_010
Treaty Records
In addition to the treaty document written by government officials and signed by Indigenous leaders, a number of other records document the 1905-1906 trips. The expedition delegation (likely Duncan Campbell Scott) took around two hundred photographs, now held at the Archives of Ontario and Library and Archives Canada.
Click to see a larger image
Three Generations – Abitibi, [ca. 1905]
Duncan Campbell Scott fonds
C 275-1-0-5 (S 7598)
Archives of Ontario, I0010692
Click to see a larger image
Indians and pets - Flying Post [ca. 1905]
[Two women with child]
Duncan Campbell Scott fonds
C 275-1-0-2 (S 7613)
Archives of Ontario, I0010719
The commissioners submitted official reports in 1905-1906 and wrote diaries that recorded their thoughts, experiences, and the oral promises made during the treaty ceremonies. Scott and Pelham Edgar, secretary for the 1906 expedition, published articles in contemporary magazines. Many of these documents, along with oral history, indicate that the commissioners told the Elders two key things: the treaty would last as long as the sun shines,the grass grows, and the winds blow; and traditional activities of Anishinaabe and Omushkegowuk signatory communities would be protected.
Edmund Morris, a painter and family friend of MacMartin, was commissioned by the province to create art to document the 1906 expedition. He also left behind a diary of his travels.
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Edmund Montague Morris, A.R.C.A., [before 1914]
M.O. Hammond fonds
F 1075-12-0-0-95
Archives of Ontario, I0007862
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At Chapleau, [ca. 1906]
[Edmund Morris painting Anishinaabe Chief Cheesequimime/Chessequime at Chapleau Post]
Duncan Campbell Scott fonds
C 275-1-0-6 (S 7650)
Archives of Ontario, I0010669
Click to see a larger image
Chief Cheese (Quinini) [Chief Cheesequimime/Chessequime], 1906
Edmund Montague Morris
Pastel on paper
Courtesy of the Royal Ontario Museum, 913.13.4 HD16291
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“1 Aug. our train [?] to / train. we got little sleep & / we walk to the Pic where / there is an admirable composition / for a landscape” -Edmund Morris Diary of 1906 Treaty expedition, Queen’s University Archives QUA, Edmund Montague Morris fonds, CA ON00239 F00876
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Click to see a larger image
Indians Descending the Pic River
Edmund Montague Morris
[ca. 1906]
oil on canvas
Government of Ontario Art Collection, 619860
Ways of Knowing
There are many ways of knowing the meaning of the James Bay Treaty, both then and now. The treaty commissioners could neither speak Anishinaabemowin, Ininiimowin (also known as Ililiimowin or Mushkegowiimowin), or Anishininiimowin, nor read syllabics. Many Indigenous signatories didn’t speak, read, or write in English, so interpreters were required at various stops and chosen by the commissioners. The main principles and beliefs (worldviews), language, culture, history and ways of knowing land ownership of both the Indigenous signatories and the commissioners were not the same.
For Canada and Ontario, the treaty was a major land cession, a contract with details outlined in the written document. One significant part is known today as the “Taken Up Clause:”
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“… His Majesty the King hereby agrees with the said Indians that they shall have the right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as heretofore described, subject to such regulations as may from time to time be made by the government of the country, acting under the authority of His Majesty, and saving and excepting such tracts as may be required or taken up from time to time for settlement, mining, lumbering, trading or other purposes.” -James Bay Treaty, Page 2 (emphasis added) |
To Indigenous communities, the treaty was an agreement to share the land as long as the sun shines, the grass grows, the rivers flow and the winds blow. They maintain that the words spoken by commissioners during the ceremonies are part of the treaty made on behalf of the King, including their promise of the Crown that people could hunt and fish as their ancestors had. Archival records suggest the commissioners did not explain the Taken Up Clause to Indigenous signatories during the treaty ceremonies. If they had, it is possible that the Indigenous leaders would not have signed the document.
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“What our people understood, that it was a peace and friendship agreement, that it was a treaty of sharing, that it was a treaty of peace and prosperity, which was something that we so desired at the time, because we were poor. We were poor people, and when we saw the opportunity of the government coming to us to make a treaty, we saw it as an opportunity that things would get better, things would improve, things would begin to prosper for the Cree.” -Dr. Stan Louttit, former Grand Chief of the Mushkegowuk Council |
Even Commissioner Duncan Campbell Scott admitted—while displaying his own prejudices—the cultural disconnect between both groups:
Click to see a larger image
Duncan Campbell Scott, “The Last of the Indian Treaties”, Scribner’s Magazine (November 1906), Page 578
Miscellaneous collection
F 775
Archives of Ontario, F-775_MU2128_006
[Article also available online]
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“They were to make certain promises and we were to make certain promises, but our purpose and our reasons were alike unknowable. What could they grasp of the pronouncement on the Indian land tenure which had been delivered by the law lords of the Crown, what of the elaborate negotiations between a dominion and a province which had made the treaty possible, what of the sense of traditional policy which brooded over the whole? Nothing. So there was no basis for agreement.” -Duncan Campbell Scott describing treaty-making process |
In the decades after the 1905-1906 signings, disputes emerged about the true meaning of the treaty that have continued to the present.
Adhesions
Adhesions were made to the James Bay Treaty in 1908 and 1929-1930.
Ontario’s northern boundary was extended from the Albany River to its present location in 1912. Soon after, Indigenous peoples living in the area began to petition the government for a treaty. As interest in resource development grew in the 1920s, the federal government and Ontario sought to extend the James Bay Treaty by formal adhesions in 1929-1930.
Meetings to obtain ratification from Indigenous signatories were again held at HBC posts. Instead of an arduous canoe trek, this time the treaty commissioners toured the region by airplane with signing ceremonies at Big Trout Lake in 1929, and Wendigo River at Nikip Lake, Trout Lake, Fort Severn, and Winisk in 1930.
Access the Commissioners Report for Adhesions to Treaty No. 9, held at Library and Archives Canada.
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Map of Northern Ontario showing adhesions to Treaty No. 9 covered by the Report of
Commissioners Cain and Awrey dated September 29th 1930
J.L. Morris family fonds
F 1060 Folder 3, map 30, AO 6907
Archives of Ontario, I0021544
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Adhesions to Treaty No. 9, 1929-1930
[Page 1]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070033
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Adhesions to Treaty No. 9, 1929-1930
[Page 2]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070034
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Adhesions to Treaty No. 9, 1929-1930
[Page 3]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070035
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Adhesions to Treaty No. 9, 1929-1930
[Page 4]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070036
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Adhesions to Treaty No. 9,1929-1930
[Page 5]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070037
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Adhesions to Treaty No. 9, 1929-1930
[Page 6]
Articles of James Bay Treaty (Treaty No. 9)
RG 1-653-2
Archives of Ontario, I0070038
Click to download a high-resolution copy of the Adhesions to Treaty No. 9 (PDF).
Click to see a larger image
Signing of the treaty at Windigo, Ontario, on July 18, 1930 (Western Treaty No. 9).
Standing: Samuel Sawanis, John Wesley, Dr. O'Gorman, Chief Ka-ke-pe-ness, Senia Sakche-Ka-pow
Department of Indian Affairs and Northern Development Collection, Library and Archives Canada, accession number 1971-205 NPC, MIKAN no. 3367610
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When the Indigenous leaders signed the written document, what do you think they had agreed to?  |
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