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Backgrounder
James Bay Treaty No. 9


The construction of the railway in the late 19th century brought changes, which, although generally positive for those Aboriginal people who lived near the railway line, interfered with the livelihood of the Cree and Ojibway people living further from the line.

In response to the requests by Aboriginal people of Ontario for support from the federal government, in 1903 a new treaty was proposed for the Superintendent-General's consideration. This was to be called Treaty No. 9, or the James Bay Treaty. Treaty 9 was unique because, while most post-confederation treaties in Ontario involved only the Government of Canada and First nations, it was the first of a few that involved the Government of Ontario as a third-party. This type of treaty is known as a "tripartite" agreement. On May 8, 1905, Frank Pedley, Deputy Superintendent-General, sent the Commissioner of Crown lands a draft order-in-council outlining the proposed terms of the treaty.

The province requested two important changes: that reserves be chosen by the treaty commissioners with one of them being a provincial appointee; and that the federal government bear the cost of the treaty and pay the Ontario commissioner. An agreement was formally signed on July 3 and by Order of His Excellency in Council, dated 29 June 1905, two federal commissioners, and an Ontario commissioner, were appointed to negotiate a treaty with the Indians.

While other treaties were signed with chiefs gathered in a central location to sign, Treaty No. 9 was brought to signatory communities to secure the signatures of the chiefs. Treaty No. 9 was first signed at Osnaburgh (now known as Mishkeegogamang Ojibway Nation) on July 12, 1905.
After the signing, the treaty commissioners paid out a gratuity of $8 to nearly 350 people, with an annuity of $4 to be received thereafter. The traditional Chief, Missabay, was also presented with a twelve-foot Union Jack.

During the remainder of 1905, the treaty commissioners continued to secure the signatures of Fort Hope, Marten Falls, English River, Fort Albany, Moose Factory, New Post, and Abitibi. In 1906, the tour continued to include Matachewan, Mattagami, Flying Post, New Brunswick House, Chapleau, and Long Lake.

In 1923, discussions, between Ontario and the federal government commenced on the subject of adhesion to Treaty No. 9 and an official tour set out during the summer of 1929. On July 5, 1929, the commissioners arrived at Big Trout Lake where the adhesion was signed by the traditional chief, Sampson Beardy. The following summer, in 1930, adhesions were signed at Windigo Lake, Fort Severn and Winisk. Together, with the territory acquired in 1905-1906, Treaty No. 9 took in more than two-thirds of what is now the Province of Ontario.

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  Last Updated: 2005-07-29 top of page Important Notices