“AS LONG AS
RIVERS FLOW”
The Robinson Treaty in the year 1938
FROM:
The Evening News-Chronicle
Port Arthur, Ontario
Published every Lawful Week Day at
185 Lorne Street, by
The News-Chronicle Publishing Co. Limited
Member Audit Bureau of Circulations, Canadian
Daily Newspapers Association, Canadian Press
And Ontario
Provincial Dailies.
Saturday, April 23, 1938
EDITORIAL
Indians and their hunting privileges
In another portion of this newspaper today is a letter
written by a member of the Red Rock Indian Band in which he sets forth, for the
benefit of the public, the circumstances under which he is being charged by
Ontario law enforcement officers with having game out of season.
It is another cropping up of the old Robinson Treaty which
is quoted in every one of the several incidents of the kind. The Treaty was negotiated in 1850 by Hon.
W.E. Robinson with the Ojibways of Lake Superior. The Indians gave up rights to all of this
part of Canada in return for certain reserves, annuities and the right to hunt
and fish over these lands in perpetuity “ as long as grass grows, sun shines
and rivers flow.”
The sun still shines, the grass grows and rivers are
flowing, the Indians have their reserves and they are paid their annuities but
from time to time Ontario law officers arrest and bring into the courts various
individuals of the Indian bands found in possession of game when it is out of
season for the white man. Magistrates
frequently find against the Indians although the latter are usually defended by
the representatives of the Indian Department at Ottawa.
Thus, sharp controversy arises in almost every
instance. Some appeals have been made to
higher courts and some of the judgements rendered against Indians in the lower
courts have been reversed.
The peculiar thing is that, after nearly a century in which
there have been almost innumerable cases, the exact status of the treaty has
not been defined. The higher courts in
Canada seem to be favourable to the treaty and there is reason to believe that
the general public would support the contentions on behalf of the Indians. The Indians have proved themselves good
citizens, are generally law abiding and have always answered the call to
service when issued. Some citizens have
been known to say that when officers seize meat, taken by the Indians as food
for themselves and families, they are stealing in the same sense that they
would be stealing if they entered a city home and removed food.
This Treaty and the hearing thereon of Ontario laws should
as soon as possible be sent to the Supreme Courts and if necessary the Privy
Council for an adjudication which would put an end to such incidents as brought
forth the letter published today.
The Letter
Indian Hits Deer Killing Charge;
Claims Protection Under Treaty
To the Editor of the News-Chronicle. (April 23, 1938)
Sir – I am an Indian, No. 183 of the Red Rock Band, Port
Arthur Agency, and my permanent home is at Nipigon, but I spend a lot of my
time at my Winter cabin which is situated in the woods several miles from here. As I make my living mostly by hunting and
fishing, I find it cheaper and more convenient
to live there than in town. I
have partly lost the use of one of my hands, where part of it has been blown
off by a gun some years ago in an accident. My eyesight is also very
defective and I do not see well even
with glasses. For the above reasons I
am at times obliged to make us(e) of a snare in order to kill deer and other
game, as I cannot use a rifle very well but must have meat for our own use.
Some time ago I had to resort to the use of the snare
again and killed a deer. In the early part of March one of the Wardens
of the Game and Fisheries Department, who had apparently seen my snare came to me and demanded that I
remove the snare immediately, declaring
it illegal. I explained to him why I had
to resort to that method of obtaining meat for myself but promised that I would
at once remove the snare, which I did.
Some time later, on the 23rd of March, he
appeared again at my place and made a search for meat. Of course, he found it,
as I had made no attempt to hide what I had as I believe that our treaty gave
us full right to kill deer and other game for our own consumption. He informed me that I had no such right and
was obliged to comply with the game laws same as a white.
I reported the matter to Mr. Burk our Indian Agent and asked him to see what can be done, as it
not only affected me but also affected other Indians as well, especially now
when they are so poor on account of scarcity of work, and depend largely on
wild game for their living.
On the 1st day of April the Warden came to me
again to say that he was laying a charge against me for killing deer and having
meat in my possession. I again notified
our agent through our Chief whom I understand
was told that necessary steps would be taken. I am now expecting to be taken to face the
charge in court at any time.
I have been told from other sources that the Ontario Game and Fisheries
Department do not recognize the Robinson
Treaty as being still valid, maintaining that they now have the full control of
the game question even where Indians are involved.
This is a grave matter not only for my own personal
reasons but as it affects the welfare of
the other Indians as well. In many cases it is a matter of life or death.
May I point out in closing that through no fault of the
Indians has the game become almost exhausted, but through the inroads of white
hunters and pulpwood and mining activities in the district. We were promised in the Robinson Treaty that we
could hunt and fish as long as the grass grew, the rivers flowed and the sun
shone, and I trust that you as our guardians will do all that you can to help
us in this matter for which I wish to express my gratitude in advance.
MICHEL DABA
No. 183 Red Rock Band
Nipigon, April 22, 1938.
Editor’s Note: Inquiry of J. G. Burk, Indian Agent, drew the
reply that he and the Department were taking steps to protect the interests of
Daba in this matter and of others similarly situated. (1938)
