Endnotes to Chapter 15
1 Harold Cardinal and Walter Hildebrandt, 2002, Treaty Elders of Saskatchewan: Our Dream is That Our Peoples Will One Day Be Clearly Recognized as Nations, University of Calgary Press, 69.
2 Rob McKinley, “Northern Alberta traditional chief passes away at 89,” Windspeaker, Vol. 5, Issue 11, 1998.
3 Ibid.
4 The Royal Proclamation, October 7, 1763, reprinted in Clarence S. Brigham, British Royal Proclamations Relating to America, Vol. 12, Transactions and Collections of the American Antiquarian Society, 1911, 212–218.
5 John F. Leslie and Betsey Baldwin, 2006, Indian treaty annuities: the historical evolution of government policy, from colonial times to Treaty 3, Research and Analysis Directorate, Indigenous and Northern Affairs Canada.
6 R. Surtees, 1984, Indian Land Surrenders in Ontario, 1763–1867, Indian Affairs and Northern Development, 68.
7 Arthur J. Ray, 2013, “Shading a Promise, Interpreting the Livelihood Rights Clauses in Nineteenth-Century Canadian Treaties for First Nations,” in Volume 7: A History of Treaties and Policies, Aboriginal Policy Research Series, Thompson Educational Publishing, 64.
8 Sheldon Krasowski, 2019, No Surrender: The Land Remains Indigenous, University of Regina Press, 24.
9 Bruce W. Hodgin, Ute Lischke, and David T. McNab, eds., 2002, Blockades and Resistance: Studies in Actions of Peace and the Tamagami Blockades of 1988–89, Wilfrid Laurier University Press, 79.
10 Treaty Texts: Robinson Superior and Robinson Huron treaties, https://www.aadnc-aandc.gc.ca/eng/1100100028978/1100100028982.
11 Hodgin, 79.
12 James Morrison, 1993, The Robinson Treaties of 1850: A Case Study, prepared for the Royal Commission on Aboriginal Peoples, Treaty and Land Research Section, 159.
13 Restoule v Canada et al, 2018, Court File C-3512-14, Ontario Superior Court of Justice, 28.
14 Ray, 64.
15 Morrison, 163.
16 Treaty Texts, Indigenous and Northern Affairs Canada, https://www.aadnc-aandc.gc.ca/eng/1370373165583/1370373202340 (accessed June 18, 2018).
17 A Historical Reference Guide to The Stone Fort Treaty (Treaty 1, 1871), Research Branch, Indian Affairs and Northern Development, 1980, 19, http://publications.gc.ca/collections/collection_2018/aanc-inac/R32-385-1980-eng.pdf.
18 Krasowski, 273.
19 Ray, 67.
20 Erik Anderson, 2009, “Treaty Annuities and Livelihood Assistance: Re-imagining the Modern Treaty Relationship,” Canadian Diversity, Vol. 7, No. 3, 15.
21 Erik Anderson, 2013, “The Treaty Annuity as Livelihood Assistance and Relationship Renewal,” in Volume 7: A History of Treaties and Policies, Aboriginal Policy Research Series, Thompson Educational Publishing, 74.
22 Anderson, 2009, 13.
23 Ibid., 17.
24 Ibid., 15.
25 Ibid., 14.
26 RCAP, Report on the Royal Commission on Aboriginal Peoples, Volume 2: Restructuring the Relationship, 542.
27 Treaty Texts: Robinson.
28 Hodgin, 82.
29 Journals of the House of Commons of Canada, 2nd May 1878, Vol. XII, 246.
30 Supreme Court of Canada, In re Indian Claims, 1895, The Province of Ontario v The Dominion of Canada and The Province of Quebec, May 15 and 16, 1895, Supreme Court of Canada, Vol. XXV, 541.
31 Ibid., 546.
32 RCAP, Vol. 2, 800–801.
33 Robert Metcs, 2008, “The Common Intention of the Parties and the Payment of Annuities Under the Numbered Treaties: Who Assumed the Risk of Inflation?,” Alberta Law Review, 46:1, 42.
34 Ibid., 70.
35 Indian Legal Claims, Looking Forward, Looking Back, Vol. 1, Section 9.9, Royal Commission of Aboriginal Peoples, 272.
36 See Appendix E: Annuity language in the Indian Act, 1876 and 1985
37 In the context of Indian Act of 1876, an “enfranchised Indian” is a person who has lost or surrendered his or her official Indian status and has been enfranchised with the rights of ordinary Canadians, including the right of men to vote in municipal, provincial and federal elections.
38 Ibid.
39 Evaluation of Indian Moneys, Estates and Treaty Annuities, 2013, Aboriginal Affairs and Northern Development, 59, http://publications.gc.ca/collections/collection_2017/aanc-inac/R5-143-2013-eng.pdf.
40 Author’s interviews with various Treaty people at the Treaty Tent at The Forks, Winnipeg, June 16 and June 20, 2017.
41 Dan Levin, 2017, “Canada’s Treaty Payments: Meager Reminder of a Painful History, ”The New York Times, July 23, 2017, https://www.nytimes.com/2017/07/23/world/Americas/winnipegs-treaty-payments-meager-reminder-of-a-painful-history.html
42 Ibid.
43 Court of Appeal of Manitoba, Soldier v Canada (Attorney General), Vol. 13, No. 1, 2009, 174.
44 Ibid.
45 Horseman v Crown, 2015, Proposed Class Proceeding, Federal Court, Docket T-1784-12, October 15, 2015.
46 Special Claims Tribunal ruling, as cited in Horseman v Crown, 2015, Proposed Class Proceeding, Federal Court, Docket T-1784-12, October 15, 2015, 5.
47 Department of Justice Canada, email communication with author, August 30, 2107.
48 Indigenous and Northern Affairs Canada, email communication with author, September 8, 2017.
49 Restoule, et al. v. The Attorney General of Canada, The Attorney General of Ontario and Her Majesty the Queen in Right of Ontario, C-3512-14 and C-3512-14A.