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Mineral Rights Treaty #3 Anishinabe Chiefs secured ownership of on reserve minerals during negotiation of the 1873 Agreement known as Treaty #3. With this promise in hand, Anishinabe prospected for gold and silver after treaty, and participated in associated mineral exploration activities. Neither the federal not provincial Crown lived up to the treaty agreement. Canada's version of Treaty#3, as published by Canada, omitted any mention of mineral rights on reserve. Ontario for many years denied Anishinabe rights to any part of the reserves, including minerals. The provincial government issued patents to reserve lands where Treaty #3 Anishinabe had discovered gold, and took these lands without any compensation. The largest mine in Northwestern Ontario was established on reserve, but that First Nation never made a penny, and still has not been compensated. The Historical Record Anishinabe of the lake of the Woods, English River and Rainy River and Rainy Lake region used many subsurface materials: pipestone, pigments and dyes, clay and stone. The historic record also notes Anishinabe used copper, silver and lead in manufactures like pipes and weapons. Considerable quantities of silver were purchased from European fur traders prior to treaty, and the value of gold to euro0canadians was well known. Chiefs prior to treaty exercised control over mineral exploration by expeditions travelling through their homelands. Expansion of Canada after Confederation in 1867 led to final negotiations of Treaty #3 in 1873 at Northwest Angle on the Lake of the Woods. Negotiations had occurred in 1871 and 1872 but failed. One reason for failure in 1872 was an Anishinabe objection to a proposed $3 annuity when their country was seen as rich in precious minerals: "They are well informed as to the discovery of gold and silver to the west of the watershed, and have not been slow to give us their views as to the value of that discovery. "You offer us," said they," $3 per head and you have only to pick up gold and silver from our rocks to pa it many times over." The Chief of the section where the discoveries have taken place was emphatic in expressing his determination to keep miners from his country until he had been paid for his land. After further negotiations in 1873, Chiefs agreed to permit settlement and to share resources in exchange for special rights and guarantees, a higher monetary payment and economic development assistance. A primary concern of the Chiefs who entered into treaty with Canada was their livelihood after the treaty. For this reason, much attention during final negotiation was devoted to economic assistance. Education and farming promises were made by Government Commissioners at Northwest Angle. Also made were promises that the Anishinabe would reap the benefit of mineral development on their reserves, and could explore off-reserve. The mineral promise was recorded in several documents, including a newspaper account, notes of the commissioners, and in the record kept by an employee of the Chiefs. Treaty #3, as published by Canada, did not include this minerals promise. When the Treaty was made at Northwest Angle in 1873, Chief Mawintoopinesse of Rainy River stated to Lt. Governor Morris that he held " fast all the promises you have made," in other words that he had committed them to memory. He expected that the promises would last "as long as the sun goes around and the waters flow." Within several years, a Chief of Rat Portage First Nations was obliged to remind Canada of this treaty obligation. While Canada's officials recognized that mistakes had been made in their own version of Treaty #3, as published by Canada, they did not prevent Ontario from taking gold bearing reserve lands. That controversy illustrates some differences in approach between the two treaty making parties in 1873, the Chiefs of the Anishinabe Nation on one hand, and Treaty Commissioners acting for the Crown on the other. The Agreement Known As Treaty #3 Promises were made orally by Canada's officials to the Chiefs, who could not read or understand english. Many promises are different from those recorded in Treaty #3, as published by Canada, contains legalistic text, drafted by the government. It includes many words of formal english which cannot be translated literally into Anishinabe. This document, although prepared by Her Majesty's officials and endorsed as the treaty, is completely silent on mineral promises. Other documents recorded the promise and explanatory discussion. Mineral Rights of Treaty #3 Anishinabe An on-reserve mineral promise was not recorded in Treaty #3, as published by Canada. Other documents do record a promise that Anishinabe would derive benefit from on-reserve minerals. Treaty #3, as published by Canada, is not a complete record of the Agreement known as Treaty #3. The struggle by First Nations to enforce promises secured in the Agreement known as Treat #3 continues. There has been no settlement of outstanding claims of lost mineral proceeds. Revenues from these mines rightfully belong to those First Nations. The provisions of the treaty was not fulfilled. |