Archives and history of Tiowero:ton
Conducted for the
Community of Kanesatake
Eric Pouliot-Thisdale, February 2018
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
1
Research conducted by Eric Pouliot from the year 2015 to 2017 period, based on previous
publications from the same, as well as new maps, in order to expose the creation of the
Tioweroton reserve, previously named Ste-Lucie-de-Doncaster, whose management is shared by
Kahnawake and Kanesatake, in order to shed light on its history, and the jurisdictions concerning
its creation and management.
Eric Pouliot Thisdale is a graduate in social sciences and member of the Faculty of Human
Science from University of Quebec in Montreal, (UQAM), and researcher since 16 years in the
field of public archives of several sources, including military archives, political correspondences,
parish registers, censuses, maps and all associated demographical datas. He also collaborated
with certain lawyers cabinets and Band Council considering his supplementary paralegal studies
at UQAM and O’Sullivan College.
He also manages a history chronicle for The Eastern Door, the weekly Kahnawake paper and
published several studies online at Library and Archives Canada and of Quebec at BAnQ
(Bibliothèque et Archives nationales du Québec).
Copyrights ISBN: 978-1-988411-13-2
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
2
INDEX
Introduction ...................................................................................................................................................3
Author’s acknowledgements ...................................................................................................................5
Chapter 1: Creations of Reserves in Lower Canada 1853 ............................................................................7
-Distribution of the lands set apart according to the 1851 Act ...........................................................13
-The extended list of documents encountered in the microfilm linked to:
Two Mountains-Kanesatake-Oka Indians ............................................................................................24
-Previous jurisdictions: surrounding the creation of reserves ............................................................. 60
-1850-1970 Major themes concerning laws and jurisdictions ..............................................................60
-An Act respecting Indians and Indian Lands. C.S.L.C. 1860; c. 14 ........................................................64
Chapter 2: Legal precedent: The Star Chrome Mining Case, 1920 .............................................................66
- Star Chrome Wood Company: annexed jurisdiction and history ......................................................66
-The precedents which had effect for Doncaster-Tioweroton ..........................................................70
-An Act for the settlement of certain questions between the Governments of Canada and
Ontario respecting Indian Reserve Lands, 1924..................................................................................72
-Archives: Star Chrome Jurisdiction 1920-1921 ..................................................................................79
-Surrenders following the Star Chrome Jurisdiction 1923-1933 .........................................................96
Chapter 3: Petitions from Squatters and Mayor of Ste. Lucie claiming lands 1873-1890 ................... 155
Chapter 4: Unsuccessful attempt to buy the Doncaster reserve and settlement with the
Squatters 1897 to 1905 ...................................................................................................................227
-Solution exposing that the settlers could have their lands: by the government 1902 ................... 289
-Trade Doncaster for Residential Schools: An attempt was made by the government in
order to manage the transfer of funds entitled to Doncaster towards the building and
management of the Residential School 1902 .................................................................................. 305
-Two important historical reports which exposed the history until the management
of the departure of the squatters .................................................................................................... 313
-Amable Roussin: segregationist between Oka and Caughnawaga 1902 .........................................350
-25 October 1902, vote made against the surrender of Doncaster in exchange for a
residential schools .............................................................................................................................354
-Legal procedure toward surveying and expulsions of the squatters 1902-1905..............................381
Name Encountered ....................................................................................................................................542
Source and Notes ............................................................................................................................... 547-552
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
3
Introduction
In order to understand the procedure encountered from the creation of Tioweroton until our days,
several important periods must be exposed and analysed in order to clarify the several episodes
which led to present situation of this Crown land delivered to the people of Caughnawaga and the
people of the Mission of the Lake Two Mountains.
Doncaster was officially designated as Doncaster 17 by Native and Northern Affairs Canada as
a reserve in the Laurentides for the Mohawks of Kanesatake and Kahnawake. It is located 30
kilometres (19 mi) east of Mont-Tremblant in the Doncaster geographic township named after
the town in England. It at been since occasionally sparsely inhabited, and used only as a hunting
and fishing territory. 1
It was created to offer hunting grounds, but was not used a lot until the 1900s. Since Mohawks
weren’t present, several European squatters then took the opportunity to install permanent
habitations in order to cut wood which led to a long legal outcome to manage the situation.
On August 30, 1851, the act was authorized to set apart lands in Lower Canada for the use and
benefit of the Seven Nations, First Nation tribes. Of course 1851 was the year when all reserves
were created and the first in Quebec was the Innu-Montagnais reserve, Mashteuiatsh, previously
called Pointe Bleue. Two years later on August 9, 1853, the Governor General in Council
approved the distribution list as proposed by the Commissioner of Crown Lands, John Rolph.
That was how Kahnawake and Kanesatake came to co-manage the lands. The political
administrators thought they could make use of our agricultural lands from European colonies and
give hunting lands to Mohawks, of a lesser economical value.
According to that list, the "Indians of Caughnawaga (Kahnawake) and lake of two Mountains"
(Kanesatake), were allotted the south-east quarter of the township of Doncaster, behind the
township of Wexford, in an area exposing 16,000 acres (65 km2).
Several questionings from members of both Mohawks communities; Kanesatake and Kahnawake
motivated this research, since demographic details about the ancestors who lived there from
periodic and partly permanent time sequences seems to be lacking at large for many.
1
Ste Lucie des Laurentides official website, consulted November 2015
http://www.municipalite.sainte-lucie-des-laurentides.qc.ca/
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
4
It is supposed that Doncaster was primarily designed for Two Mountains in order to avoid the
troubles caused by the religious segregation within mainly Methodists Mohawks vs Algonquins
who were mainly Catholics. A popular belief is speculating that when the Sulpicians and the
Federal government were looking to relocate the people of Kanesatake and that a member of
parliament apparently also suggested relocating Kahnawake as well, which happened.
Unfortunately, such speculations on that behalf often brought mislead theories, so in order to
remain neutral; the research was managed scientifically through the available archives without
any of these speculations.
The notion of Kahnawake having sole ownership grew out of the administrative arrangement that
was agreed to at some point: that, based on population and budgetary considerations, Kahnawake
would have 2/3 of the financial responsibility and Kanesatake 1/3. Though, from all previous
ministerial correspondences, it was always exposed that Doncaster’s Indian reserve was managed
by both communities.
In a letter from 20 August 1902, Indian Affairs Superintendent Clifford Sifton writes to his
Assistant Indian Commissionaire James Andrew McKenna there is a mention exposing that only
male members aged 21 and older were allowed to vote in Band Councils in Canada until 1951.
Pursuant to the provision of Section 39 of the Indian Act, Chapter 43 of the Revised
Statutes of Canada I, the undersigned, do hereby authorise you to attend a meeting of
Council of the Iroquois of Caughnawaga (sometimes called the Iroquois of Sault Saint
Louis) band of Indians summoned according to the rules of the said band for this
purpose of considering the question of release or surrender of the Doncaster Indian
Reserve by the said band to the Crown in accordance with the said Act and of assent-
ing to such release or surrender if so decides by a majority of the male members at the
said meeting or Council.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
5
Author’s acknowledgements
This exhaustive research managed in a book was inspired from researches which started
spontaneously in order to gather more details about potential wedding registers for a book on my
behalf started 7 years ago which was published online at Library and Archives Canada as well as
at BAnQ: Bibliothèque et Archives Nationales du Québec in 2012: 1786-1800 Oka Mission
Parish registers Kanehsatà:ke, OKA.
It brought my curiosity to go further and to observe more maps, surveyors accounts, censuses and
those parish registers from the Ste-Lucie-des-Laurentides microfilms which brought my agenda
filled with meeting with the archive of Quebec in Montreal, at the conservation center.
It’s by observing original maps in order to make lots perimeters analysis that I first published
online as the previous parish registers book, at Archives of Canada and Quebec under Ste Lucie,
Doncaster Tiowero:ton archives 1851-1921. But that wasn’t enough, much more needed to be
done.
From the author, Ste Lucie, Doncaster Tiowero:ton archives 1851-1921 2016
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
6
Getting in knowledge of the incredible amount of archived ministerial correspondences, which
were never either transcribed or published previously, brought my curiosity to eventually manage
to write this present book.
The idea came to me to gather all these archives in order to manage a proper exposition of my
sources and what was available to the public online, in order to realize that it was gonna be a
premiere to publish such a research.
The present will expose the public ministerial correspondences concerning most reserves created
in Lower Canada and the perimeters jurisdictions concerning them are basically all exposed in
the present and with the sources references annexed in order to eventually manage similar
researches even for other communities of the province. Of course here, the focus will remain for
those concerning Ste Lucie, Doncaster Tiowero:ton.
Of course ministerial correspondences and documents from years which are too close to our
periods which are not public yet would be compromising to publish and are protected by
contractual agreements.
Yes I previously managed researches for several Band Councils and community education
departments in Canada concerning several topics. But the subject concerning the creation of
reserves in Canada, was lacking.
From the author, 2016
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
7
Chapter 1: Creations of Reserves in Lower Canada 1853 2
This period brought clarifications through ministerial and politicians correspondences from the
1853 to 1902 period, through transcriptions which are clearly exposing the procedures
encountered during the management of the division on the 230,000 acres of lands granted by the
Crown in order to make the reserves.
Though, what is inherent to understand is that the lands granted were put in place in order to
promote agriculture or any other symbiotic economical sources, considering that previously,
through the previous jurisdictions concerning the creation of reserves, the British colonial
ministry introduced policies adopted in 1830 to encourage indigenous peoples to adopt the
European agricultural customs. By the mid-1830s, treaties covered most of Upper Canada's
arable land.
The agreements provided the distribution of goods and money. It is only as the treaty system
evolved that the principle of these agreements included a provision for the establishment of
Indian reserves started.
A report made in 1844 by the commission of inquiry managed by the Governor General Charles
Begot made the distinction between Upper Canada, where the Crown took surrender of the
Indians’ “right of occupancy upon their old hunting grounds” through treaty, and Lower Canada,
“where settlement had made considerable progress before the Conquest.”
The commission made the extraordinary suggestion under the French regime that the Indians’
“Territorial Possessions had at that time become circumscribed within defined limits, and in
many instances were held by Patents under the French Crown” and it was only “on the Ottawa,
in which the Indians have been dispossessed of their ancient hunting grounds without
compensation.”3 4
2
LAC, Source mainly used for this Chapter: HEADQUARTERS - CORRESPONDENCE REGARDING THE DEPARTMENT
OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC, 1853-1920, MIKAN
no. 2082318, reel C-11224, (120 items), RG10. Volume/box number: 2457. File number: 95452.
3
Province of Canada, Legislative Assembly of Canada, Journals, 1847, Appendix (T.), “Report on the affairs of the
Indians in Canada” at folio 5.
4
PRE-CONFEDERATION CLAIMS AND FEDERAL AND PROVINCIAL OBLIGATIONS: A SURVEY OF THE APPLICABLE LAW
prepared for the Indian Claims Commission (Revised version) David Schulze with Peter W. Hutchins and Jameela
Jeeroburkhan Hutchins Grant & Associés 11 November 2005, page 16, accessed June 11, 2017, :
http://www.dionneschulze.ca/wp-content/uploads/2012/09/pre-Confed-DS-rev-for-ICC.pdf
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
8
In 1850 came the adoption of An Act for the Better Protection of the Lands and Property of the
Indians in Lower Canada which was followed by the act of 1851, entitled Act to Authorize the
Setting apart of Lands for the use of Indian Tribes in Lower Canada, August 30, 1851, which
authorized the commissary of Crown Lands to put aside extended lands of Lower Canada for
Indians.
The act allowed the creations of several reserves of 230 000 acres of lands, administered by the
Commissary of Indian Lands, reserved for Indians and shared in 1853: Temiskamingue,
Maniwaki, Coleraine (Becancour), Doncaster (Mohawks of Kahnawake and Oka Mission),
Coucoucache & Weymontachie (Atikamekws), Roquemont (Hurons-Wendats of Lorette, sold in
1904), Viger (Malecites), Restigouche (Mik'maqs), Pointe-Bleue (Innu of Lac-Saint-Jean),
Bersimis (Innu of Manicouagan) and Betsiamites (Innu).
During the establishment of the 1851 statute, even though the negotiation of land cession treaties
were already developed in southern Ontario, no treaties were then negotiated in southern Quebec.
In all, 230,000 acres were set aside and divided among the several “Indian tribes” according to an
Order in Council adopted on 9 August 1853, which included the Mohawks of Kanesatake and
Kahnawake who were jointly given a reserve of 16,000 acres in a township, the Doncaster
reserve in the Laurentians. 5 6 7
It is in 1857 that the adoption of An Act to Encourage the Gradual Civilization of the Indian
Tribes in the Province was passed by the fifth Parliament of the Province of Canada (formally
Upper Canada and Lower Canada).
It is from that jurisdiction that the principle of legal emancipation started occurring, which aimed
to encourage Aboriginal men to give up their status and rights in order to be integrated into the
Canadian society.
5
Canada, Royal Commission on Aboriginal Peoples, Report, Volume 1, Looking Forward Looking Back, Part One, The
Relationship in Historical Perspective, Chapter 6, “3. Treaty Making in Ontario, the West and the North”.
6
The substance of the Order in Council of 9 August 1853 was published as “Schedule of Lands Appropriated to the
Indians of Lower Canada under Act 14 and 15 V. c. 106”, signed for the Commissioner of Crown Lands and dated 8
June 1854, in Province of Canada, Legislative Assembly, Journals, 1858, Vol. 16, App. (No. 21), Appendix No. 34.
7
Jacqueline Beaulieu, Localization of the Aboriginal Nations in Québec - Land Transactions (Québec: Ministère des
ressources naturelles, 1998) page 120, , accessed June 11, 2017, :
http://www.dionneschulze.ca/wp-content/uploads/2012/09/pre-Confed-DS-rev-for-ICC.pdf
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
9
Then in 1860 the Colonial Office assigned the responsibilities of Indian Affairs to the provincial
governments. In Quebec, the Indian Affairs fell under the responsibilities of the department of the
Crown Lands until 1867 when the adoption of the Constitution under the British North America
Act (Later amended by the Constitution in 1982) came in effect, uniting Lower Canada (Quebec)
and Upper Canada (Ontario), Nova Scotia and New Brunswick.
By contrast, most Algonquins and Innus then qualified as “Montagnais, Tadoussacs, Papinachois,
Nauthapi(Naskapis) and other Nomadic Tribes in the interior of the King’s Post” obtained 70,000
acres in the yet undefined Manicouagan locality, only officially created in 1866. 8
The Constitutional Law of 1867 allocated to the Parliament of Canada the jurisdiction over
Indians and the lands reserved to the Indians (article 91) to managed treaty policies.
In 1868 The Federal Parliament adopted An Act providing for the organisation of the Department
of the Secretary of State of Canada, and for the management of Indian and Ordinance
Lands, S.C. 1868, c. 42. The Act was based on the policy of protection, assimilation and
Christianization prior to confederation, being a gathering of the previous Indian laws.
These efforts bore fruit in 1851 when the Legislative Assembly of the colony adopted An Act to
Authorise the Setting Apart of Lands for the Use of Certain Indian Tribes in Lower Canada, 9 on
the terms that “the Indians of Lower Canada had not received the same aid that those of Upper
Canada had, and they were in [a] state of distress.”10
In this period, a legal decision clarified that while a surrender could only be made to the federal
Crown, the lands contained in an 1851 reserve had to return to the provincial Crown.
On 10 June 1854, the Commissioner of Crown Lands gave instructions for the surveying of the
outer boundaries of the township of Doncaster and the Indian lands in Doncaster. 11
The creation of new reserves in Quebec then became troublesome to a certain extent by the
authorities because of the insubstantiality of its federal legal title.
8
Clément E. Deschamps, Municipalités et paroisses dans la province de Québec (n.p., 1896) page 986.
9
An Act to Authorise the Setting Apart of Lands for the Use of Certain Indian Tribes in Lower Canada, S.C. 1851,
c.106
10
Elizabeth Gibbs, ed., Debates of the Legislative Assembly of United Canada, 1841-1867, vol. 10, part 1, 1851
(Montreal: Centre de recherche en histoire économique du Canada français) page 199.
11
Earlier, three justices of the Supreme Court of Canada had concluded that title to an 1851 reserve passed to the
federal Crown at Confederation: Attorney-General for Canada v. Giroux (1916), 30 D.L.R. 123, 4 C.N.L.C. 147
(S.C.C.), per Duff J. at 137-40 and per Idington J. at 132-33.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
10
Since its creation in 1853 several conflicts concerning squatters in both Quebec and Ontario
brought a Superior Court precedent through the Star Chrome Mining case. The dispute came
from the position of whether the federal government or the province had the authority to dispose
of land contained in a reserve created under the 1851 statute, once the reserve lands had been
surrendered. 12
In the 1880s, sixteen European squatters were expelled by the government who had to spend
covering legal fees of 28 000$ in order to put a term to it. Also, around 1889, a wood company
did the same, without any warrants and it took several years until Mohawks and/or the
government to react.
Various microfilm-reels observed from Library and Archives Canada exposing correspondence
regarding the Department of Crown Lands setting aside certain lands for Indians of the Province
of Quebec, 1853-1920, presenting extended lists of documents encountered linked to Two
Mountains-Kanesatake-Oka Indians will be exposed in various chapters as a premiere.
12
Attorney-General for Quebec v. Attorney-General for Canada. Re Indian Lands, a judicial review granted, under
the name Star Chrome Mining) (1920), 56 D.L.R. 373 (P.C.) at 375, 4 C.N.L.C. 238 at page 240.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
11
On May 26, 1890 a petition by squatters was signed in presence of Priest Lajeunesse then in
charge, by some of them, 43 inhabitants of the Doncaster Township requesting the abolition of
the Mohawk reserve in the township13.
Honorable Sir,
Us subsigned, living in the Doncaster District, are asking very humbly for you to use
your upmost influence to make the savage reserve disappear from our district and to
make a land survey.
This reserve which contains a large number of excellent lands proper to agriculture,
located in the middle of occupied lands by a French Canadian population annexed to
our village, is observed as an anomaly and all of them are hoping to see it disappear.
Anyways, it can’t be of any utility to the savages who will never come to install
themselves, since the games are lacking.
Also, the wood is being stolen from all sides, they are taking the wood, so the sooner
it will be measures, fewer damages will be done.
We are observing that the reserve in the township of Doncaster is a big obstacle to
colonisation progress in our locality.
Our municipality is suffering from it since this reserve contains about the third of the
district.
For these reasons, Honorable Sir, we hope that you will favorably accept our request,
and we won’t stop praying that Ste Lucie of Doncaster.
The Privy Council agreed with the province and ruled in 1920 “that upon the surrender... of the
Indian interest the title to the lands affected by the surrender became vested in the Crown in right
of the Province, freed from the burden of that interest.”14
The result was a new provincial statute which in 1922 allowed for “public lands [which] shall not
exceed, in all, three hundred and thirty thousand acres in superficies” to be “set apart, for the
benefit of the various Indian tribes of this Province” through a transfer “in trust” to the federal
government. 15
13
Caughnawaga Agency - Petition signed by the inhabitants of the Doncaster Township requesting the abolition of
the Indian reserve in the township, Library and Archives Canada.
14
Attorney-General for Quebec v. Attorney-General for Canada. Re Indian Lands (sub nom. Star Chrome Mining) (1920), 56
D.L.R. 373 (P.C.) at 375, 4 C.N.L.C. 238 page 240.
15
Ibid 3
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
12
The Indians’ title was to be usufructuary (has the right to use (usus) the property and enjoy its
fruits (fructus)) and inalienable and the lands were to “return to the Government of the Province,
without formality whatsoever” if the Indians ceased to occupy them. Moreover, Quebec carefully
excluded mining rights from the grant.16
As for the Algonquins, they presented several claims in order to be relocated to their ancestral
hunting lands, including this claim exposed on 18 March 1847 by the interpreter Dominique
Ducharme, who was previously entitled as the Captain of the Warriors in the War of 1812-14
including Mohawks, Algonquins and Nipissings of the Two Mountains Mission write this letter
as the interpreter.17
16
An Act respecting lands set apart for Indians, S.Q. 1922, c.37, s.1.
17
LAC, Oka agency - Lake of Two Mountains - dispute between the band and the Seminary of St. Sulpice as to who
holds title to the land in the Seigniory, 1853-1920, Microfilm reel C-11138
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
13
Distribution of the lands set apart according to the 1851 Act
On June 8, 1853, a distribution list for the lands set apart, according to the 1851 Act, was
proposed by John Rolph, Commissioner of Crown Lands. Conforming to that list, the people of
Caughnawaga (Kahnawake) and Lake of Two Mountains (Kanesatake) were allotted one quarter
of the township of Doncaster, behind the township of Wexford. The area indicated is 16 000
acres.
In a document entitled “Schedule Showing the distribution of the area of land set apart and
appropriated under the Statute 14 & 15th Vic Chp 104 for the benefit of the Indian Tribes in
Lower Canada”, Doncaster is cited as being part of the county of Leinster.
John Rolph, then Commissary of the Crown Land Department, gave his agreement in a letter
from July 14, 1853, exposing his grace upon the Indian lands surveys.
On August 9, 1853 William H. Lee. (C.E.C.; Clerk of Executive Council of Indian Affairs)
exposed that the Schedule Showing the Distribution of lands under the Stature 14 and 15 Vict.
Cap 106 is approved by his Superior instance. The same day on REGISTRATION NUMBER 15565,
the Governor General in Council approved the distribution list submitted two months earlier by
the Commissioner of Crown Lands.
Also in this chapter, several interferences of woodcutting and mining companies which brought
several important cases mentioned through correspondences of S.W. Parent, Minister of Lands,
Mines and Fisheries in 1901-1903, are exposed in the several instances of provincial and federal
court concerning the natural resources exploited directly from the parcels of Crown lands.
A precedent entitled The Star Chrome Mining Case (1886-1920), was ruled in 1920, in favour of
First Nations, but the provincial instances in Quebec managed to keep their right in exploitations
in the fields of mining and natural resources.
From Quebec, on the 13th August 1853 the Esquire of Crown Lands Department in Quebec, Jean
Langevin exposed this letter to Superintendent of Indian Affairs, Robert Bruce.
Sir, The Schedule of Lands set apart for the Indian Tribes in Lower Canada leaving date
8th June last, submitted to the Governor General in Council and approved by order in
Council of 9th June being it appears mislaid; I have the honour of enclosing herewith a
copy that certified by E.T. Fletcher Esq. Of the LC (Land Crown) Surveying Branch. I
Have the honor to remain Sir Your most Obediant Servant Jean Langevin for C.C.L.
(Council Crown Lands)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
14
The management of the organisation of the creation of reserves was already occurring in previous
letters, such as from 9 February 1853 by Superintendent of Indian Affairs, Robert Bruce to the
Commissary of Crown Lands, which wrote:
Encloses schedule of the Distribution of the Indian Lands amongst the different
Tribes of Lower Canada, 730,000 acres. I recommend their being surveyed and the
boundaries defined.
On the left side of the same document a note by William H. Lee. (C.E.C., Clerk of Executive
Council of Indian Affairs wrote as:
Execution Council Office, 23rd May 1853, Return of the Crown Lands Office for
preparation of an amended schedule containing the suggestions contained in the letter
from the Superintendent General, dated 15thMarch For order William H. Lee.
Indian Department, Quebec 7th February 1853, Referred to Colonel Napier Who
will plan in return it with His remarks thereon. By command, Robert Bruce,
Superintendent of Indian Affair.
Then in a letter from Quebec on 15th March 1853 from Robert Bruce, Superintendent of Indian
Affairs to John Rolph, the Commissioner of Crown Lands exposed:
Indian Department, Quebec 15th March 1853. Sir, I am dictated by the Governor
General to acknowledge the receipt of your letter of the 9th ulto (Ulto: the present
month) enclosing a Schedule of the proposed distribution of the Lands set apart by the
SC: 106, 14th & 15th Vic among the Indians of Lower Canada, and to state that His
Excellency is of opinion this arrangement with two or three slight modifications which
now proceed to submit for you in consideration will prove a great boon with these
Tribes.
1st The reserve of Maniwaki on Lake Desert was exposed as:
might be allotted to the Tetes de Boules Nepissings and Algonquins Indians of the
Ottawa and the Lake of Two Mountains, these being homogeneous tribes.
2nd The Becancour Indians are mentioned as being:
in a very destitute condition are omitted, perhaps they might be included with the St.
Francis Indians at the La Tuque Reserve.
3rd paragraph, concerning St. Regis, Lake of Two Mountains and Caughnawaga Indians:
3rd, The St Regis Indians being already comparatively well provided for the tract at
Doncaster County Leinster to be appointed to the Iroquois of Caughnawaga and of the
Lake of the Two Mountains. There for (Therefore), Signed R Bruce, Superintendent of
Indian Affairs.
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15
Then, the Schedule showing the distribution of the lands set apart according to the 1851 Act, a
distribution list for the lands set apart and appropriated under the Statute 14 & 15th Vic Chapter
106 for the benefits of the Indian Tribes in Lower Canada was proposed on June 8, 1853 by John
Rolph, Commissioner of Crown Lands.
Here the schedule was exposed by K.T. Fletcher, Secretary for the Commissary of Crown
Lands, who was then representing John Rolph, the Crown Lands Commissioner.
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16
A distribution list for the lands set apart was proposed on June 29, 1853 entitled: Schedule
sharing the distribution of the case of lands set apart and appropriated under the Status 15 & 15
Vic Chapter 106 for the benefit of the Indian Tribes, Lower Canada, by John Rolph signed
underneath.
What is strange is that in this schedule, the Nipissings AKA Tetes de Boules with the
Algonquins and Iroquois of Two Mountains are listed in the column “Names of the Indian
Tribes” in the County of “Ottawa”, Township or Locality of “Maniwaki and River Desert”.
Then, Those from Caughnawaga & St. Regis are listed in the County of “Leinster”, Township of
“Doncaster and North River” “16,000 acres, a quarter behind the Township in Bedford”.
Tribes hunting on the territory
between the Mattawanis
(Mattawan) and
Gatineau principally residing at
the Mission of Lake of Two
Mountains.
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17
On August 9 1853, when William H. Lee.” (C.E.C., Clerk of Executive Council of Indian
Affairs) exposed the Schedule Showing the distribution of the area of land set apart and
appropriated under the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in
Lower Canada, we can observe several irregularities which were eventually corrected, since
Caughnawaga was mentioned and not Two Mountains.
Then, a schedule Showing the distribution of the area of land set apart and appropriated under
the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in Lower Canada from 23
February 1858, by Joseph Wauhebe, responsible of Crown Lands exposes:
Note: here the Iroquois of Two Mountains were added
SCHEDULE: Shewing the distribution of the area of land set apart and appropriated under the
Statute 14th and 15th Vict., Ch. 106, for the benefit of Indian Tribes in Lower Canada.
County Township or No. of Description Names of Remarks.
Locality. Acres. of the Indian
Boundaries. Tribes.
Megantic, Plaine Doncaster 2,000 Lots N.48 123 Becancour
1758 in 10th Q 688 Indians
Village
Becancour.
Surveyed.
Leinster in 12th R Lot ...8 ...
North River St. Aquatic Township Iroquois of Caughnawaga Surveyed.
Laurence 16,000 in rear of Wexford Caugh
nawaga and 2
Mountains
At the bottom of the board was written:
Certified a true copy of the original of record in this Department.(Sgd.) E.
E. TACHÉ, Assist.-Commissioner, Department of Crown Lands, Quebec, 30th
April, 1889. Crown Land Department, Toronto, 23rd February, 1858, Ind.
(Sgd.) Joseph Wauhebe, P.L.
In 1858 occured the official Statement of the Indian Lands in Lower Canada. –Set apart by 14th
and 18th, Vict. Ch. 106.-
In a letter on the 20/24 July 1858, Andrew Russell the Assistant, Commissioner of Crown
Lands “transmitted plans of the tracts lot apart in the township of Mann, Doncaster, Viger,
Temiscaming and Maniwaki for the Indian Tribes in Lower Canada” to Richard Theodore
Pennefather who was then superintendent-general.
Pennefather, was the official head of the Indian Affairs. His greatest contribution to Canada
was his chairmanship of a three-man commission which conducted an inquiry from 1856 to
1858 into the Indian Department’s operations.
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18
A report-letter of 20 February 1858 provided a complete picture of the department and of the
Indian bands of the province through use of a massive number of statistics. It was noted with
surprise that efforts to “civilize” the Indians were still piece-meal despite almost 30 years of
such a policy. Because the Indians did not respond to attempts at “civilization,” and because of
the lack of organization and funding in the department, conditions among the Indians were not
good in the late 1850s.18
18
Douglas Leighton, “PENNEFATHER, RICHARD THEODORE,” in Dictionary of Canadian Biography, vol. 9, University of
Toronto/Université Laval, 2003–, accessed May 5
2017, http://www.biographi.ca/en/bio/pennefather_richard_theodore_9E.html.
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19
Then a in letter from 30 April 1889 the Assistant of Crown Lands of the Province of Quebec to
H. Vankoughnet, Esquire Superintendent General of Indian Affairs is citing the previous letter.
Province of Quebec, Department of Crown Lands, Quebec 30th April 1889
Sir, Agreeably, to your letter of the 16th inst, please find herewith enclosed, copy of a
schedule showing the proposed distribution among the different Indian Tribes in Lower
Canada of Land of the extent or acres of 23 acres etc. And also a copy of an Order in
Council bearing date the 9th August 1853 on the matter. I have the honor to be Sir Your
Obt. Servant, Assistant Commissioner.
(Perhaps Andrew Russell)
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20
An extract of a letter from the Indian Agent J.A. Macrae, Ottawa, from 27 August 1901 citing
the previous legal contentious of white men cutting wood, exploiting the reserve of Maniwaki,
“State, Character and Utilisation of the Reserve” was annexed with a Memorandum on the
Subject of Indian Reserves in the Province of Quebec, from S.W. Parent, Minister of Lands,
Mines and Fisheries, from 27 August 1901 annexed by Macrae, from March 3, 1902.
Ottawa 27th Aug 1901, (Maniwaki), State character and utilisation of the Reserve.
From the Agent’s books it sounds that the land now reserved for this band has an area
of 44603 acres odd, That of the original reserve 133 acres odd have been surrendered
for sale. That Indians are located for 6198 acres odd. That of this 6198 acres, 275 acres
odd are leased to whitemen, That whitemen also lease 622 acres odd of unlocated land,
And that 37, 789 acres odd are lying unused and unsettled. The land is if the best, level,
and little broken except along the river fronts. Thout (Though) 771 acres of the 44,663
acres in the reserve are cleared and of those 726 acres are cultivated, 393 acres by
Indians and 333 acres by leases. The day when 25,000 or 30,000 acres may be profitably
marketed for the benefit of the band should I think, be looked for.
Sgd J.A. Macrae I.I.A&R. (Intendent Indian Affairs & Reserves
“Memorandum on the Subject of Indian Reserves in the Province of Quebec”, from S.W.
Parent, Minister of Lands, Mines and Fisheries, from 27 August 1901 annexed by Macrae,
from March 3, 1902. (First page 1/4, translation)
-Memorandum on the Subject of Indian Reserves in the Province of Quebec. In virtue
of the Act 14-16 Vic., C. 106. (1851) the Governor in Council received authority to
make reserves on Crown lands for the needs of the Indian tribes of Lower Canada.-
By an order in Council of the 9th April, 1852, the then Governor did in fact in different
parts of the province make the reserves required for the Indian tribes of Lower Canada.
Amongst the reserves thus erected was that of the township of Coloraine, containing an
area of 2000 acres in range 10, 12 and 13 of this township, for the Abenakis tribe of
Becancour. [...]
(Second page 2/4, translation)
[...] Sections 106-109 and 117 relate to the division of the different proportions between
the provinces and the Federal government. Clause 96 of section 91 grants the Federal
government the power to legislate in regard to Indians and the lands of Indians.
Observe, however, that this clause does not grant to the Federal government the
ownership of lands reserved for the Indians, but only legislative authority in regard to
Indians and lands reserved for the Indians.
In the case of the “St. Catherine’ Milling and Lumbering Company and the Attorney
General for Ontario” judged by the Privy Council in 1886, this question of the
jurisdiction of the Federal government and the Local government was treated at length,
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21
and in the case admitted in that suit question was decided in favour of the government
of Ontario.
The following are the facts of the case. In 1873, the Federal government made with a
tribe of Indians called the Saulteux tribe of Ojibway Indians a treaty in virtue of which
this tribe renounced in favour of the Federal government all its rights to the lands on its
reserve except for hunting and fishing. Part of the lands of the reserve in question are
within the province of Ontario.
On the conclusion of this treaty the Federal government granted a license to out timber
on the lands of the reserve in favour of the “St. Catharine’ Milling lumbering
Company”.
The Attorney General for Ontario then intervened and instituted an action against the
Company (...) this license to cut timber, in order that the court (...)[...]
(Third page 3/4, translation)
[...]...declare that the Company had the right to the timber out under the license from
the Federal government and as that it might be ordered to cease cutting under that
license and be considered to pay damages for the timber out.
All the courts of Ontario decided in favour of the Attorney General for Ontario. The
case was carried to the Supreme Court, and the majority of that court con-firmed the
judgments of the courts of Ontario, and finally all those judgments were costumed by
the Privy Council.
The judgment of the Privy Council is in effect that, while in virtue of clause 24 of
section 91 of the British North American Act the Federal government has authority to
legislate in regard to the Indians and the lands reserved for the Indians.-
1. It has no right to the ownership of these lands.
2. That in virtue of clause 100 of the Act of 1867 those lands and the mines contained
therein remain the property of the provincial government, but are subject to the charges,
“trusts”, which they here before confederation.
3. That one of those charges, or “trusts”, is the title in virtue of which the Indians are in
possession thereof.
4. That the title of the Indians to those reserves of lands is simply a usual right of
usurfructus (droit personnel d’usurfruit) depending on the pleasure of the Crown.
5. That the moment those lands are encumbered of the Indian title’ they revert to the
provincial government.
Applying these principles to the case submitted in the suite of the “St. Catharine’
Milling and Lumbering Company” the Privy Council judged that by (...)[...]
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22
(Last page 4/4, translation)
[...]... Fraser, a case of the Province of Ontario in which the learned Judge following the
authority of the judgment of the Privy Council in the case of the “St. Catharine’ Milling
and Lumbering Company and the Attorney General for Ontario’ judged and concluded
as follow,-
‘I conclude, therefore, that the Dominion
had no power to sell or grant Indian lands whether sur-rendered or unsurrendered’.
The undersigned submits that those authorities are decisive in the matter, and hopes
that the Dominion government will cease all encroachment in the matter in future,
without prejudice to any recourse by the provincial government for that has been done
in the past in regard to grants by the government within Indian reserves in this province.
The whole humbly submitted,
S.W. Parent,
Minister of Lands, Mines and Fisheries.”
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23
Letter from Joseph Pope, Under-Secretary of State19 to the Secretary of Indian Affairs, 28 February 1902.
19
P. B. Waite, “POPE, Sir JOSEPH,” in Dictionary of Canadian Biography, vol. 15, University of
Toronto/Université Laval, 2003–, accessed May 5,
2017, http://www.biographi.ca/en/bio/pope_joseph_15E.html.
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24
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
The extended list of documents encountered in the microfilm linked to:
Two Mountains-Kanesatake-Oka Indians: page 28 to 63
Page 1 Creations of reserves in Lower Canada 1853-1878
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25
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 2: Distribution of the lands set apart according to the 1851 Act, a distribution list for the
lands set apart was proposed on June 8, 1853 by John Rolph, Commissioner of Crown Lands.
Here the schedule was exposed by K.T. Fletcher representing John Rolph, the Crown Lands
Commissioner.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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26
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 3, Schedule Showing the distribution of the area of land set apart and appropriated under
the Statute 14 & 15th Vic Chp 104 for the benefit of the Indian Tribes in Lower Canada: citing
Leinster, Doncaster.
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27
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 4 Crown Lands Department, Quebec, 13th August 1853 from the Esquire of Crown Lands
Jean Langevin to Superintendent of Indian Affairs, Robert Bruce.
“Sir,
The Schedule of Lands set apart
for the Indian Tribes in Lower Canada
leaving date 8th June last, submitted to
the Governor General in Council and
approved by order in Council of 9th June
being it appears mislaid; I have the
honour of enclosing herewith a copy
that certified by E.T. Fletcher Esq.
Of the LC (Land Crown) Surveying Branch.
I Have the honor to remain
Sir
Your most Obediant Servant
Jean Langevin
for C.C.L. (Council Crown Lands)”
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28
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 4 Crown Lands Department, Quebec, 13th August 1853 from the Esquire of Crown Lands
Jean Langevin to the Superintendent of Indian Affairs, Robert Bruce.
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29
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 6
“13/13 August 1853.
Count of C. Lands by J. Langevin
Transmits a certified copy of the
Schedule of Lands set apart for
the Indian Tribes in Lower
Canada.”
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30
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 7: left side
“Execution Council Office
23rd May 1853
Return of the Crown Lands Office
for preparation of an amended
schedule containing the suggestions
contained in the letter from the
Superintendent General, dated 15th
March
For order
William H. Lee.” (C.E.C., Clerk of Executive Council of Indian Affairs)
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31
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 7: right side
“Commsr of Crown Lands.
9 February 1853
Encloses schedule of the
Distribution of the Indian
Lands amongst the different
Tribes of Lower Canada,
730,000 acres. I recommend
their being surveyed and the
boundaries defined.
Indian Department
Quebec 7th February 1853
Referred to Colonel Napier
Who will plan in return it with
His remarks thereon.
By command
Robert Bruce,
Superintendent of Indian Affairs.”
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32
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 11 Letter of Quebec 15th March 1853 from Robert Bruce, Superintendent of Indian Affairs
to John Rolph, the Commissioner of Crown Lands.
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33
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 11 1st paragraph: Copy
“Indian Department
Quebec 15th March 1853
Sir,
I am dictated by the Governor General to
acknowledge the receipt of your letter of the 9th ulto (Ulto: the present month)
enclosing a Schedule of the proposed distribution of
the Lands set apart by the SC: 106, 14th & 15th Vic
among the Indians of Lower Canada, and to
state that His Excellency is of opinion this arrangement
with two or three slight modifications which now
proceed to submit for you in consideration will
prove a great boon with these Tribes.”
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34
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 11, 2nd paragraph: Copy citing the first and second point:
1st The reserve of Maniwaki on Lake Desert: “might be allotted to the Tetes de Boules
Nepissings and Algonquins Indians of the Ottawa and the Lake of Two Mountains, these being
homogeneous tribes.”
2nd The Becancour Indians are mentioned as being “in a very destitute condition are omitted,
perhaps they might be included with the St. Francis Indians at the La Tuque Reserve.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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35
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 11, 3rd paragraph, concerning St. Regis, Lake of Two Mountains and Caughnawaga
Indians.
“3rd, The St Regis Indians being already
comparatively well provided for the tract at
Doncaster County Leinster to be appointed
to the Iroquois of Caughnawaga and of the Lake
of the Two Mountains.
There for (Therefore)
Signed R Bruce,
Superintendent of Indian Affairs”
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36
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 12 Letter from John Rolph, Land Commissary to the Crown Land Department, Quebec,
from July 14, 1853, exposing his grace upon the Indian lands surveys.
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37
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 12 Letter from John Rolph, Land Commissary to the Crown Land Department, Quebec,
from July 14, 1853, exposing his grace upon the Indian lands survey. ENLARGED
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38
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 13-14: Letter concerning Becancour, 9 February 1853.
Page 15 A distribution list for the lands set apart was proposed from June 29, 1853 entitled:
Schedule sharing the distribution of the case of lands set apart and appropriated under the
Status 15 & 15 Vic Chapter 106 for the benefit of the Indian Tribes, Lower Canada, by John Rolph
signed underneath.
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39
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
On page 15, strangely in that in this schedule, the Nipissings AKA Tetes de Boules with the
Algonquins and Iroquois of Two Mountains are listed in the column “Names of the Indian
Tribes” in the County of “Ottawa”, Township or Locality of “Maniwaki and River Desert”.
Then, Those from Caughnawaga & St. Regis are listed in the County of “Leinster”, Township of
“Doncaster and North River” “16,000 acres, a quarter behind the Township in Bedford”.
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40
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 15: Enlarged
Tribes hunting on the territory
between the Mattawanis (Mattawan) and the
Gatineau principally residing at
the Mission of Lake of Two
Mountains.
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41
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 16 Crown Land Department Quebec,
Schedule of the distribution of the Indian Lands, Lower Canada, 14+15 Vic
Page 17-18
Letter from February 1853 concerning: Becancour, St. Francis and Sillery, from John Rolph,
Commissioner of Crown Lands to the Honorable Colonel Bruce, Superintendent General of
Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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42
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 19:
“Encloses Schedule of the distribution
Of the 230,000 acres of land acreages
to the Indians of Lower Canada
and recommend its being acreaged
and boundaries marked.”
“Original in the Council
10th May 1853.”
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43
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 20 William W. H. Lee.” (C.E.C., Clerk of Executive Council of Indian Affairs) exposes that
the Schedule Showing the Distribution of lands under the Stature 14 and 15 Vict. Cap 106 is
approved by his Superior instance. Approved by E.P Tache, Assistant Commissioner of the
Department of Crown Lands on 30 April 1889.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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44
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 21 Schedule Showing the distribution of the area of land set apart and appropriated
under the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in Lower Canada.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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45
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 21 Schedule Showing the distribution of the area of land set apart and appropriated under
the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in Lower Canada. ENLARGED.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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46
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 21 Schedule Showing the distribution of the area of land set apart and appropriated under
the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in Lower Canada. ENLARGED.
Megantic, Leinster:
Plaine Doncaster, 2000 acres, Becancour Indians.
North River St. Laurence, 16,000 acres, Aquatic Township in rear of Wexford, Iroquois,
Caughnawaga, Montreal.
NOTE: in this one: Only Caughnawaga is mentioned and not Two Mountains.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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47
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 22 Schedule Showing the distribution of the area of land set apart and appropriated under
the statute 14 and 15 Vict. Art 106 for the benefit of Indians Tribes in Lower Canada. ENLARGED.
Megantic, Leinster: from 23 February 1858, by Joseph Wauhebe:
th th
Plaine Doncaster, 2000 acres, Lots N.48 123 1758 in 10 Q 688 in 12 R Lot ...8 ... Rang Becancour Indians.
North River St. Laurence, 16,000 acres, Aquatic Township in rear of Wexford, Iroquois, Caughnawaga and 2 (Two)
Mountains.
Note: Here the Iroquois of Two Mountains were added
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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48
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 22
SCHEDULE: Shewing the distribution of the area of land set apart and appropriated under the
Statute 14th and 15th Vict., Ch. 106, for the benefit of Indian Tribes in Lower Canada.
County Township or No. of Description Names of Remarks.
Locality. Acres. of the Indian
Boundaries. Tribes.
Megantic, Plaine Doncaster 2,000 Lots N.48 123 Becancour Village Surveyed.
1758 in 10th Q 688 Indians Becancour.
Leinster in 12th R Lot ...8 ...
North River St. Aquatic Township Iroquois of Caughnawaga Surveyed.
16,000
Laurence in rear of Wexford Caughnawaga
and 2
Mountains
Certified a true copy of the original of record in this Department.
(Sgd.) E. E. TACHÉ,
Assist.-Commissioner,
Department of Crown Lands, Quebec, 30th April, 1889.
Crown Land Department, Toronto, 23rd February, 1858, Ind.
(Sgd.) Joseph Wauhebe,
P.L.
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49
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 23 Page title: 1858: statement of the Indian Lands in Lower Canada. –Set apart by 14th
and 18th, Vict. Ch. 106.-
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50
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 24 Letter from William H. Lee (C.E.C., Clerk of Executive Council of Indian Affairs) from
August 9/11, 1853, Recommending appreciation of Land for Indian Tribes in Lower Canada,
citing a letter from the Superior Commissary of Crown and Lands from 8 June 1853, submitting
for approval a schedule showing the distributions of acres.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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51
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 25 Letter of 20/24 July 1858, Assistant, Commissioner of Crown Lands transmits plans of
the tracts lot apart in the township of Mann, Doncaster, Viger, Temiscaming and Maniwaki for
the Indian Tribes in Lower Canada.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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52
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 26-27 were retranscribed in typewriter on pages 28-29, double (Copy)
Letter from Andrew Russell, Assistant Commissioner to Richard Theodore Pennefather,
superintendent-general, from February 20, 1858 (Signed).
Pennefather, was superintendent-general, was the official head of the Indian Affairs. His
greatest contribution to Canada was his chairmanship of a three-man commission which
conducted an inquiry from 1856 to 1858 into the Indian Department’s operations.
The report of 1858 provided a complete picture of the department and of the Indian bands of
the province through use of a massive number of statistics. It was noted with surprise that
efforts to “civilize” the Indians were still piece-meal despite almost 30 years of such a policy.
Because the Indians did not respond to attempts at “civilization,” and because of the lack of
organization and funding in the department, conditions among the Indians were not good in the
late 1850s.20
20
Douglas Leighton, “PENNEFATHER, RICHARD THEODORE,” in Dictionary of Canadian Biography, vol. 9, University of
Toronto/Université Laval, 2003–, accessed May 5,
2017, http://www.biographi.ca/en/bio/pennefather_richard_theodore_9E.html.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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53
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 26-27 were retranscribed in typewriter on pages 28-29, double: (Copy)
Letter from Andrew Russell, Assistant Commissioner to Richard Theodore Pennefather,
superintendent-general, from February 20, 1858 (Signed).
Signature on the original:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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54
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 30 Letter from Assistant of Crown Lands of the Province of Quebec to H Vankoughnet,
Esquire Superintendent General of Indian Affairs from 30 April 1889.
“Sir,
Agreeably, to your letter of the 16th inst, please find herewith enclosed, copy of a schedule
showing the proposed distribution among the different Indian Tribes in Lower Canada of Land of
the extent or acres of 23 f acres etc. And also a copy of an order in Council bearing date the 9th
August 1853 on the matter.
I have the honor to be Sir
You Obt. Servant
(Perhaps Andrew Russell)
Assistant Commissioner
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55
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 31 Extract of a letter from the Indian Agent J.A. Macrae, Ottawa, from 27 August 1901
citing the previous legal contentious of white men cutting wood, exploiting the reserve of
Maniwaki, “State, Character and Utilisation of the Reserve” annexed with a “Memorandum on
the Subject of Indian Reserves in the Province of Quebec”, from S.W. Parent, Minister of Lands,
Mines and Fisheries, from 27 August 1901 annexed by Macrae, from March 3, 1902.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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56
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 32 “Memorandum on the Subject of Indian Reserves in the Province of Quebec”, from S.W.
Parent, Minister of Lands, Mines and Fisheries, from 27 August 1901 annexed by Macrae, from
March 3, 1902. (First and last page 1/4)
1st page, 1: FIRST PAGE
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57
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 35 “Memorandum on the Subject of Indian Reserves in the Province of Quebec”, from S.W.
Parent, Minister of Lands, Mines and Fisheries, from 27 August 1901 annexed by Macrae, from
March 3, 1902. (Last page 4/4)
1st and last page, 4: LAST PAGE
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58
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 36 Letter from Joseph Pope, Under-Secretary of State21 to the Secretary of Indian Affairs,
28 February 1902.
21
P. B. Waite, “POPE, Sir JOSEPH,” in Dictionary of Canadian Biography, vol. 15, University of
Toronto/Université Laval, 2003–, accessed May 5,
2017, http://www.biographi.ca/en/bio/pope_joseph_15E.html.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
59
Chap. 1 CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC, 1853-1920, Microfilm reel C-11224, Creations of Reserves in Lower Canada 1853
Page 37
Letter from G.M. Matheson to the Secretary of Indian Affairs regarding “Memorandum on the
Subject of Indian Reserves in the Province of Quebec”, from S.W. Parent, Minister of Lands,
Mines and Fisheries, from 27 August 1901 annexed by Macrae, from March 3, 1902, as
previously seen on page 32, with web-link to Library and Archives Canada22, presenting a copy of
the same on page 38 to 41.
Pages 38 to 60
A booklet gathering several provincial precedents, jurisprudences and a memorandum linked to
Ste Catherine’s Milling and Lumbering Company, from S.W. Parent, Minister of Lands, Mines
and Fisheries from 1902.
Pages 61 to 120
Maniwaki and Ouatchouan: Several Jurisprudences concerning mining companies.
22
LAC reel c-11224, consulted on March 2014
http://collectionscanada.gc.ca/pam_archives/index.php?fuseaction=genitem.displayItem&rec_nbr=2082318&lang=e
ng&rec_nbr_list=2082319,2082318
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60
Previous jurisdictions: surrounding the creation of reserves
1850-1970 Major themes concerning laws and jurisdictions
1850
Adoption of An Act for the Better Protection of the Lands and Property of the Indians in Lower
Canada.
1851, Act to Authorize the Setting apart of Lands for the use of Indian Tribes in Lower Canada,
August 30, 1851
-In Lower Canada (Quebec), the act of 1851, entitled Act to Authorize the Setting apart of Lands
for the use of Indian Tribes in Lower Canada, August 30, 1851, authorized the commissary of
Crown Lands to put aside extended lands of Lower Canada for Indians.
The act allowed the creations of several reserves of 230 000 acres of lands, administered by the
Commissary of Indian Lands, reserved for Indians and shared in 1853:
Temiskamingue, Maniwaki, Coleraine (Becancour), Doncaster (Mohawks of Kahnawake and Two
Mountains), Coucoucache & Weymontachie (Atikamekw of Mauricie), Roquemont (Hurons-
Wendats of Lorette, sold in 1904), Viger (Malecites of Rivière Verte, abandoned in 1869 and
sold), Restigouche (Mik'maqs), Pointe-Bleue (Innu-Montagnais of Lac-Saint-Jean), Bersimis
(Innu-Montagnais of the Manicouagan district) and Betsiamites (Innu-Montagnais).
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61
-An Act for Upper Canada (Ontario) prohibited dealing with Natives, to enter their lands, and
prohibited them from seizing or settling on these lands under any pretext whatsoever.
-The Canadian government recognized two types of Indian lands; hunting territories and lands
granted to natives directly through the missionaries. The act provided a compensation of a 1 000
pounds yearly to be distributed among the nations including those lands which have been
usurped or ruined by the development of Canada.
1857
Adoption of An Act to Encourage the Gradual Civilization of the Indian Tribes in the Province
was passed by the fifth Parliament of the Province of Canada (formally Upper Canada and
Lower Canada).
This was the beginning of the principle of legal emancipation, which aimed to encourage
Aboriginal men to give up their status and rights in order to be integrated into the Canadian
society.
1860
The Colonial Office assigned the responsibilities of Indian Affairs to the provincial governments.
In Quebec, the Indian Affairs will be under the responsibilities of the department of the Crown
Lands until 1867 managed under An Act respecting Indians and Indian Lands. 23
23
An Act respecting Indians and Indian Lands, taken from Christian Aboriginal Infrastructure
Developments website–, accessed June 2, 2017
http://caid.ca/http://caid.ca/IndLanAct1860.pdf
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62
1850-1970 Major themes concerning laws and jurisdictions
1867
Adoption of the Constitution under the British North America Act (Amended by the Constitution
in 1982), uniting Lower Canada (Quebec) and Upper Canada (Ontario), Nova Scotia and New
Brunswick. The Constitutional Law of 1867 allocates to the Parliament of Canada jurisdiction
over “Indians and the lands reserved to the Indians” (article 91) Canada will pursue treaty
policies.
1868
The Federal Parliament adopted An Act providing for the organisation of the Department of
the Secretary of State of Canada, and for the management of Indian and Ordinance
Lands, S.C. 1868, c. 42. The Act is based on the policy of protection, assimilation and
Christianization prior to confederation, bringing together all the previous Indian laws.
1869
Adoption of an amendment to the Indian Act entitled An Act for the gradual enfranchisement
of Indians, the better management of Indian affairs, and to extend the provisions of the Act
31st Victoria, Chapter 42, S.C. 1869, c. 6m which gave greater powers to the Superintendent of
Indian Affairs. It establishes municipal administrations on reserves. It also aims to teach the
Amerindians how the whole of European society works and to facilitate their assimilation within
it.
1876, The Indian Act
The overhaul of all laws concerning Natives gave birth to The Indian Act: aiming to assimilate
aboriginals with the compulsory emancipation of women who marry non-Indians (they lose their
Indian status). It also establishes a guardianship over the Indians and their lands.
Cultural events are also monitored closely. Subsequent legislation will prohibit certain
traditions, including Aboriginal ceremonies and dances. The administration of Indian affairs in
Canada is still based on The Indian Act adopted in 1876.
Considered temporary, it aimed at the assimilation of Aboriginal people into white society. Until
the mid-1950s, Indian Affairs officers controlled virtually every aspect of the lives of Aboriginals
on reserves.
1880
An amendment on The Indian Act allowed the "emancipation" of any Indian who obtains a
university degree”. Emancipation is a renunciation of the Indian Status.
1884
An amendment to The Indian Act prohibits "potlatch", traditional ceremonies where goods are
redistributed among Aboriginal peoples.
This prohibition stayed in force until 1951: the return of the veterans medalists was a major
point of this modification to make Canada look good in international appearance, during their
appointments for past services.
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63
1850-1970 Major themes concerning laws and jurisdictions
1889
An amendment to The Indian Act allows the federal government to override opposition from
Indian bands to lease their land.
1898-1899
Federal government imposes band councils to Aboriginal communities.
1922, The Quebec Lands and Forests Act of 1922, which had straight effects on Tiowero:ton.
The Quebec Lands and Forests Act of 1922 authorizes the Government of Quebec to reserve
lands for the use of Aboriginal peoples. Under the Act, the maximum area of Indian reserves in
Quebec is increased from 230,000 acres to 330,000 acres.
1923
Creation of more northern reserves (James Bay and Northwestern Quebec).
1927
An amendment to The Indian Act prohibits aboriginal peoples from raising funds for claims
without the written consent of the Superintendent to Indian Affairs. The authorization of the
Department of Indian Affairs becomes necessary in order for a lawyer or other individual to be
paid for the recognition of their rights by Aboriginal people.
1933
An amendment to The Indian Act forces the "emancipation" of any aboriginal person who
obtains a university degree.
1960
Aboriginals get the right to vote at the federal level.
1960
With Aboriginal responsibility under federal jurisdiction, closer relations between the province
of Quebec and the Aboriginal peoples began in the 1960s.
1969
Aboriginal people get the right to vote at the provincial level. (Applied in 1976 1st time.)
1970
The federal government funds Aboriginal groups and organizations to conduct research on
Aboriginal treaties and rights.
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64
An Act respecting Indians and Indian Lands. C.S.L.C. 1860; c. 14. 24
This legislation had a pervert impact on the lives of our ancestors considering the restrictions
presented which then seemed to be relieving at first, giving eventual chances, or perhaps hopes,
for further developments for our communities.
Though, the restrictions and limitations incurring under the paternal hand of the Crown
managed by diplomats who mainly had industrial and mining developments in mind led to
creating a pass for the squatters until the to the Star Chrome wood company’s precedent in
Ontario’s court which had its impact in Quebec as well for several First Nations communities, as
exposed in the next chapter.
Even though An Act respecting Indians and Indian Lands which obtained effects in 1860, the
articles exposed below, seemed void considering the provincial managements of natural
resources, as in the province Quebec then since after Canadian Confederation in 1867, the
responsibilities for provincial crown lands and for natural resources were assigned to the
provinces (Ontario and Quebec) while the responsibility for fisheries and Indian Affairs were
transferred to the new federal government.
The Commissioner of Crown Lands was a member of the Executive Council for the Province of
Canada responsible for administering the surveying and sale of Crown land, the forests, mines,
and fisheries of the Province. From 1841 to 1867 the Department of Crown Lands was the
biggest of the Province of Canada's departments. It assumed responsibility for mining in 1846,
for fisheries in 1857, and for Indian Affairs in 1860. It functioned on a dual basis, with each
branch divided into two separate sections, one for Upper Canada and one for Lower Canada. 25
Protection of property of Indians was an active article on the An Act respecting Indians and
Indian Lands of 1860, under the Article 7 entitled Appointment of a Commissioner of Indian
Lands- His powers and duties. It writes:
“The Governor may appoint from time to time a Commissioner of Indian Lands for
Lower Canada, in whom and in whose successors by the name aforesaid, all lands or
property in Lower Canada, appropriated for the use of any tribe or body of Indians,
shall be vested in trust for such tribe or body, and who shall be held in law to be in the
occupation and possession of any lands in Lower Canada actually occupied or
possessed by any such tribe or body in common, or by any chief or member thereof or
other party for the use or benefit of such tribe or body, and shall be entitled to receive
and recover the rents, issues and profits of such lands and property, and shall, in and
by the name aforesaid, subject to the provisions hereinafter made, exercise and
defend all or any of the rights lawfully appertaining to the proprietor, possessor or
occupant of such lands or property”
24
Ibid 17
25
"Report of the Minister of Lands and Forests for the Province of Ontario, For the Year ending 31st
October, 1928". Legislative Assembly of Ontario. 1929. pp. 7–8. Retrieved 4 October 2013.
https://archive.org/stream/reportofminister192730ontauoft#page/n150/mode/1up
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Also, the Art.12 of the Act entitled Powers to extend to certain lands exposed:
“Tracts of land in Lower Canada, not exceeding in the whole two hundred and thirty
thousand acres, may, (in so far as the same has not been already done under the Act
14, 15 Victoria, chapter 106) under orders in council to be made in that behalf be
described, surveyed and set out by the Commissioner of Crown Lands, and such tracts
of land shall be respectively set apart and appropriated to and for the use of the
several Indian tribes in Lower Canada, for which they arc respectively directed to be
set apart in any order in Council, made as afore-said, and the said tracts of land shall
accordingly, by virtue of this Act, and without any price or payment being required
therefore, be vested in and managed by the Commissioner of Indian lauds for Lower
Canada, under this Act.”
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Chapter 2: Legal precedent: The Star Chrome Mining Case, 1920
Star Chrome Wood Company: annexed jurisdiction and history
This chapter will expose the litigious positions of the Province of Quebec through funds given by
the Federal Government following the CHROME MINING court precedent giving compensations
to the provinces for Native Lands and reserves exploited by companies and colonisation and
squatters.26
The important microfilm collection from Library and Archives Canada observed during this
research exposed important themes concerning the precedent court cases, to those that
affected Ste Lucie of Doncaster named Tioweroton. In that period, the province of Quebec was
then led by Prime Minister Taschereau who tried by several attempts to give his conditions in
order to gain an interest rate for the time spent during the procedures of buying lands exploited
by European so-called Squatters then, but was turned down through the previous Federal
precedents from the Province of Ontario as exposed below.
In Attorney General of Quebec v. Attorney General of Canada in The Star Chrome Mining Case
the Privy Council concluded that title and ownership was in the Crown in the right of the
province: The Dominion Government had, of course, full authority to accept the surrender on
behalf of the Crown from the Indians, but to quote once more the judgment of the Board in the
St. Catherine's Milling Co.'s Case it had "neither authority nor power to take away from Quebec
the interest which had been assigned to that Province by the Imperial statute of 1867.”
Duff, J. for the Privy Council, described the Indian interest in the reserve lands then under
consideration as "a usufructuary right only and a personal right in the sense that it is in its
nature inalienable except by surrender to the Crown". The reserve lands had been "set apart
and appropriated to and for the use of" the Indians pursuant to an 1851 statute and had
"vested" in a Commissioner for Indian lands pursuant to an 1850 Act for the Better Protection of
the Lands and Property of the Indians in Lower Canada.
The decision of the Privy Council in Star Chrome Mining is not considered to require the
conclusion that the Indian interest in all reserve lands is properly described as merely
"usufructuary". Duff, J. observed that the language of the statute did "not point to an intention
of enlarging or in any way altering the quality of the interest confirmed upon the Indians by the
instrument of MINERAL RIGHTS appropriation or other source of title".
26
LAC, Microfilm reel C-11224, HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF
CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC.1853-1954,
222 pages
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The characterization of the Indian interest as a "usufructuary right"27 may bear upon those
exceptional reserves established by executive action in Ontario and those held under original
Indian title, but is not applicable to those established by agreement treaty, deed or purchase.
The "quality" of the Indian interest, in the words of Duff, J. in such reserves and the mineral
entitlement therein must depend upon the construction and effect accorded the particular
instruments by means of which the reserves were established. It should be observed that the
content of the usufructuary interest in Indian reserves has not been clearly defined in Canada. 28
United State jurisprudence has established the right to the commercial exploitation of the
natural resources of the land insofar as "the right of perpetual and exclusive occupancy of the
land is not less valuable than the fee". Consideration of civilian notions of the usufruct right (has
the right to use-usus the property and enjoy its fruits-fructus) provides no clear analogy by
which to determine Indian mineral entitlement. The concept of the right to "continue an
exploitation [of mineral resources] that has already begun seems peculiarly inapplicable to the
notion of the communal Indian usufruct that stretches over thousands of years in changing
forms. Whatever the uncertainty of the mineral content of the usufruct generally it is suggested
that it probably does not extend to precious metals.
The courts are likely to adhere to a common law notion, that the transfer of gold and silver from
the Crown requires a clear expression of intention to that effect. Such conclusion comports with
that already suggested with respect to reserves set apart by executive act without deed, treaty
or agreement.
27
Usufruct is a limited real right (or in rem right) found in civil-law and mixed a jurisdiction that unites the
two property interests of usus and fructus: Usus (use) is the right to use or enjoy a thing possessed,
directly and without altering it.
28
Richard H. Bartlett, Indian Reserves in Quebec, ISBN 0-888880-140-8, 1984, 44 pages.
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The precedent which had its repercussions for Tiowero:ton
From Ontario: the Seebold & Star Chrome Mining Case.
In 1888 the Privy Council at St Catharine’s Milling and Lumber Co. V The Queen, 14 AC 46 that
under the British North America Act, section 109, the title of lands in Ontario, reserved to First
Nations through the Royal Proclamation of 1763, was assigned by the Crown a right of the
provinces subject to Indian interests.
Upon the surrender of these lands through treaties, the full beneficial interest assigned to the
Crown in the right of the province. The decision speculated difficulties for the federal instance in
the establishment of Indian reserves following surrenders of the Indian title by treaties as well
as the disposition of reserves concerning surrenders under the Indian Act.
These complexities were observed in Ontario Mining Company v. Seybold, [1903] AC 73 by the
Privy Council in litigation between claimants relying upon letters patent issued by Canada and a
claimant relying upon letters patent issued by Ontario.
The land had been surrendered by the First Nation under Treaty #3, set apart as reserve and
then surrendered for sale under the Indian Act for the benefits of First nations. The Privy Council
exposed the letters patent issued by Ontario which expressed:
“Lord Davey
Their Lordship agree with the Courts below that the decision of this case is a corollary
from that of the St Catharine’s Milling Co. V. Reg. The argument of the learned
counsel for the appellants at their Lordship’s bar was that at the date of the letters
patent issued by the Dominion officers to their predecessors in title the land in
question was held in trust for sale for the exclusive benefit of the Indians, and the
province of Ontario. This argument assumes that the Reserve 38 B was rightly set out
and appropriated by the Dominion officers as against the Government of Ontario,
and ignore the effect of the surrender of 1873 as declared in the previous decision of
this Board. By s.91 of the British North America Act, 1867, the Parliament of Canada
has exclusive legislative authority over “Indians and lands Reserved for the Indians.”
But this did not vest in the Government of the Dominion any proprietary rights in
such lands, or any power by legislation to appropriate lands which by the surrender
of the indian title had become the free public lands of the province as an Indian
reserve, in infringement of the proprietary rights of the province. Their Lordship
repeat for the purpose of the present argument what was said by Lord Herschell in
delivering the judgement of this Board in the Fisheries Case as to the broad
distinction between proprietary rights and legislative jurisdictions. Let it be assumed
that the Government of the province taking advantage of the surrender of 1873,
came at least under an honourable engagement to fulfill the terms on the faith of
which the surrender was made, and, therefore, to concur with the Dominion
Government in appropriating certain undefined portions of the surrendered lands as
Indian Reserves. The result, however, is that the choice and location of the lands to
be so appropriated could only be efficiently made by the joint action of the two
Governments.
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In 1920, the Privy Council was required to consider the title to lands set apart for the use of
Indians in Quebec pursuant to an 1851 statute and subsequently surrendered for sale pursuant
to the Indian Act for the benefit of the Indians. Canada argued that title under the 1851 statute
was conferred to the Commissioner of Indian Lands, who held the entire beneficial interest for
the Indians. Canada accordingly argued that title did not vest in the province under section 109
of the British North America Act.
Previous court cases and jurisdictions concerning milling and lumber companies
leading to legal precedents in the Maritimes, in Ontario, in Manitoba and in Quebec.29
The claims to ownership of an interest in resources on Indian reserves of the Province of Ontario
is founded upon section 109 of the British North America Act: All lands, mines, minerals and
royalties belonging to the several provinces of Canada, Nova Scotia, and New Brunswick at the
Union, and all sums then due or payable for such lands, mines, minerals or royalties shall belong
to the several provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same
are or arise, subject to any trusts existing in respect thereof, and to any interest other than that
of the Province in the same.
In St. Catherine's Milling and Lumber Co. v. The Queen in 1889 30, the Privy Council declared that
the effect of Treaty #3 was to vest the plenum dominium in the Crown in the right of Ontario
with respect to the lands in the Province thereby ceded: The ceded territory was at the time of
the union, land vested in the Crown, subject to "an interest other than that of the Province in the
same", within the meaning of section 109; and must now belong to Ontario in terms of that
clause. 31 32
29 -St. Catharines Milling and Lumber Co. v. R. 1886 CanLII 30, 13 Ont. App. R. 148 (20 April 1886), Court of
Appeal (Ontario, Canada)
-(1885), 10 O.R. 196
-St. Catharines Milling and Lumber Company v The Queen[1888] UKPC 70, [1888] 14 AC 46 (12 December
1888)
- "Ontario-Manitoba Boundary Case". 22 July 1884. Retrieved 18 January 2013.
- "Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.)". 12 August 1889. Retrieved 18
January 2013.
- The Ontario Mining Company Limited and The Attorney General for the Dominion of Canada v The
Attorney General for the Province of Ontario [1902] UKPC 46, [1903] AC 73 (12 November 1902) (on
appeal from Canada)as approved by An Act for the settlement of certain questions between the
Governments of Canada and Ontario respecting Indian Reserve Lands, S.C. 1924, c. 48 and The Indian
Lands Act, 1924, S.O. 1924, c. 15
-Indian Lands Agreement (1986) Act, S.C. 1988, c. 39 , with corresponding provincial approval in the Indian
Lands Agreement Confirmation Act, 1989, S.O. 1989, c. 26 (repealed in error by the Legislation Act, 2006,
s. 98(3), as enacted by the Access to Justice Act, 2006, S.O. 2006, c. 21, Sch. F , and subsequently
reenacted by the Indian Lands Agreement (1986) Confirmation Act, 2010, S.O. 2010, c. 1, Sch. 10 )
30
St. Catharines Milling and Lumber Company v The Queen[1888] UKPC 70, [1888] 14 AC 46 (12 December 1888)
31
Ibid 17
32
MINERAL RIGHTS ON INDIAN RESERVES IN ONTARIO RICHARD H. BARTLETT, College of Law, University of
Saskatchewan, Saskatoon, Saskatchewan, Canada, S7N 0W0, 1983.
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The precedents which had effect for Doncaster-Tioweroton 33
History of the precedents created by The Star Chrome decision, from:
2nd instance, Ontario Court of Appeals
St. Catharines Milling and Lumber Co. v. R., 148 Vid. S.C. 13 S.C.R. 577
Date: 1886-04-20
148 Vid. S.C. 13 S.C.R. 577.
3rd instance
Supreme Court of Canada
St. Catharines Milling and Lumber Co. v. R, 13 S.C.R. 577,
Date: 1887-06-20
The St. Catharines Milling and Lumber Company, (Defendants) Appellants;
And The Queen, on the Information of the Attorney General for the Province of
Ontario, (Plaintiff) Respondent.
St Catharines Milling and Lumber Co v R was the leading case on Aboriginal title in Canada for
more than 80 years. The Judicial Committee of the Privy Council, affirming a ruling by
the Supreme Court of Canada, held that Aboriginal title over land was allowed only at the
Crown's pleasure, and could be taken away at any time. This case, involving Ojibway Treaty No.
3 which had never been previously litigated before any court, is a leading decision in Canada on
the differences between the division of legislative powers and property rights under the
Constitution of Canada.
Background
At issue were treaty lands thought to be within Rupert's Land when Canada entered into Treaty
3 in 1873. Following the Ontario-Manitoba Boundary Case, the Canada (Ontario Boundary) Act
1889 placed about two-thirds of the treaty area in Ontario. Canada believed that it was entitled
under the Treaty, and its legislative authority under section 91 (24) of the Constitution Act,
1867 for "Indians and Lands reserved for the Indians", to administer Treaty lands. The lumber
company was granted a federal permit to a timber berth on Lake Wabigoon, and that permit
was challenged by the Province.
The courts below
In 1885, Chancellor Boyd of the Chancery Division held that the phrase "Lands reserved for the
Indians" referred only to “Indian Reserves”, and "such words do not cover lands which have
never been the subject of treaty or surrender, and as to which the Legislature or executive
Government have never specifically appropriated or 'reserved' for the Indian population."
In appeal, the Court of Appeal affirmed this, as well as stating that the lands transferred by the
1889 Act, other than that covered by Indian reserves, vested in the Crown in right of Ontario.
This was affirmed on appeal to the Supreme Court of Canada.
33
CANLI website, Canada, –, accessed June 2, 2017
https://www.canlii.org/en/ca/scc/doc/1887/1887canlii3/1887canlii3.html
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At the Privy Council
The Supreme Court of Canada’s ruling was affirmed by the Board. Lord Watson identified the
source of Aboriginal title as the Royal Proclamation of 1763, and he noted: It was suggested in
the course of the argument for the Dominion, that inasmuch as the proclamation recites that
the territories thereby reserved for Indians had never 'been ceded to or purchased by' the
Crown, the entire property of the land remained with them.
That inference is, however, at variance with the terms of the [Proclamation], which show that
the tenure of the Indians was a personal and usufructuary right (has the right to use-usus the
property and enjoy its fruits-fructus), dependent upon the good will of the Sovereign. The lands
reserved are expressly stated to be “parts of Our dominions and territories;” and it is declared to
be the will and pleasure of the sovereign that, “for the present,” they shall be reserved for the
use of the Indians, as their hunting grounds, under his protection and dominion. 34
There was a great deal of discussion at the Bar with respect to the precise quality of the Indian
right, but their Lordships do not consider it necessary to express any opinion upon the point. It
appears to them to be sufficient for the purposes of this case that there has been all along
vested in the Crown a substantial and paramount estate, underlying the Indian title, which
became a plenum dominium whenever that title was surrendered or otherwise extinguished.
Impact
Other issues arose from this decision. The Privy Council said, for example, that Ontario must
relieve Canada of its obligations under the treaty since Ontario had the benefit of it, but
subsequent litigation by Canada failed on that point too. In Ontario Mining Co. v. Seybold, the
Privy Council extended the rule to deny the Indians any beneficial interest in the reserves that
had been set apart for them under the Treaty.
It took a series of federal/provincial agreements, culminating in the Canada/Ontario Indian
Reserve Lands Agreement, to provide an interim solution to the problems created these
decisions. A further resolution was reached in 1986, with the passage of the Indian Lands
Agreement (1986) Act.
Even though some of Lord Watson's observations were later varied by the Supreme Court of
Canada in Guerin v. The Queen, this case is the starting point for an understanding of Aboriginal
law in Canada.35
34
Bradford Morse, Aboriginal Peoples and the Law, McGill-Queen's Press - MQUP, Feb 15, 1985, page 58.
35
Ibid 21.
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Ontario: An Act for the settlement of certain questions between the
Governments of Canada and Ontario respecting Indian Reserve Lands,
1924 36
S.C. 1924, c. 48, Assented to 1924-07-19
An Act for the settlement of certain questions between the Governments of Canada and Ontario
respecting Indian Reserve Lands
His Majesty, by and with the advice and consent of the Senate and House of Commons of
Canada, enacts as follows:
Marginal note: Agreement binding, and Governor in Council authorized to carry out its
provisions
1 The agreement between the Dominion of Canada and the Province of Ontario, in the terms set
out in the schedule hereto, shall be as binding on the Dominion of Canada as if the provisions
thereof had been set forth in an Act of this Parliament, and the Governor in Council is hereby
authorized to carry out the provisions of the said agreement.
SCHEDULE
Memorandum of Agreement made in triplicate this 24th day of March 1924.
Between the Government of the Dominion of Canada, acting herein by the Honourable Charles
Stewart, Superintendent General of Indian Affairs, of the first part,
And the Government of the Province of Ontario, acting herein by the Honourable James Lyons,
Minister of Lands and Forests, and the Honourable Charles McCrea, Minister of Mines, of the
second part.
Whereas from time to time treaties have been made with the Indians for the surrender for
various considerations of their personal and usufructuary rights to territories now included in
the Province of Ontario, such considerations including the setting apart for the exclusive use of
the Indians of certain defined areas of land known as Indian Reserves;
And Whereas, except as to such Reserves, the said territories were by the said treaties freed, for
the ultimate benefit of the Province of Ontario, of the burden of the Indian rights, and became
subject to be administered by the Government of the said Province for the sole benefit thereof;
And Whereas the surrender of the whole or some portion of a Reserve by the band of Indians to
whom the same was allotted has, in respect of certain Reserves in the Provinces of Ontario and
Quebec, been under consideration in certain appeals to the Judicial Committee of the Privy
Council, and the respective rights of the Dominion of Canada and the Province of Ontario, upon
36
Justice and Law Department website, Canada, –, accessed June 2, 2017
http://laws-lois.justice.gc.ca/eng/acts/I-7.2/FullText.html
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such surrenders being made, depend upon the law as declared by the Judicial Committee of the
Privy Council and otherwise affecting the Reserve in question, and upon the circumstances
under which it was set off;
And Whereas on the 7th day of July, 1902, before the determination of the last two of the said
appeals, it had been agreed between counsel for the Governments of the Dominion of Canada
and the Province of Ontario, respectively, that, as a matter of policy and convenience, and
without thereby affecting the constitutional or legal rights of either of the said Governments,
the Government of the Dominion of Canada should have full power and authority to sell, lease
and convey title in fee simple or for any less estate to any lands forming part of any Reserve
thereafter surrendered by the Indians, and that any such sales, leases or other conveyances as
had theretofore been made by the said Government should be confirmed by the Province of
Ontario, the Dominion of Canada, however, holding the proceeds of any lands so sold, leased or
conveyed subject, upon the extinction of the Indian interest therein and so far as such proceeds
had been converted into money, to such rights of the Province of Ontario as might exist by law;
And Whereas by the said agreement it was further provided that, as to the Reserves set aside
for the Indians under a certain treaty made in 1873 and recited in the Schedule to the Dominion
Statute, 54-55 Victoria, chapter 5, and the Statute of the Province of Ontario, 54 Victoria,
chapter 3, the precious metals should be considered to form part thereof and might be disposed
of by the Dominion of Canada in the same way and subject to the same conditions as the land in
which they existed, and that the question whether the precious metals in the lands included in
Reserves set aside under other treaties were to be considered as forming part thereof or not,
should be expressly left for decision in accordance with the circumstances and the law
governing each;
Now This Agreement Witnesseth that the parties hereto, in order to settle all outstanding
questions relating to Indian Reserves in the Province of Ontario, have mutually agreed, subject
to the approval of the Parliament of Canada and the Legislature of the Province of Ontario, as
follows:
1- All Indian Reserves in the Province of Ontario heretofore or hereafter set aside, shall be
administered by the Dominion of Canada for the benefit of the band or bands of Indians to
which each may have been or may be allotted; portions thereof may, upon their surrender for
the purpose by the said band or bands, be sold, leased or otherwise disposed of by letters
patent under the Great Seal of Canada, or otherwise under the direction of the Government of
Canada, and the proceeds of such sale, lease or other disposition applied for the benefit of such
band or bands, provided, however, that in the event of the band or bands to which any such
Reserve has been allotted becoming extinct, or if, for any other reason, such Reserve, or any
portion thereof is declared by the Superintendent General of Indian Affairs to be no longer
required for the benefit of the said band or bands, the same shall thereafter be administered by,
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and for the benefit of, the Province of Ontario, and any balance of the proceeds of the sale or
other disposition of any portion thereof then remaining under the control of the Dominion of
Canada shall, so far as the same is not still required to be applied for the benefit of the said band
or bands of Indians, be paid to the Province of Ontario, together with accrued unexpended
simple interest thereon.
2- Any sale, lease or other disposition made pursuant to the provisions of the last preceding
paragraph may include or may be limited to the minerals (including the precious metals)
contained in or under the lands sold, leased or otherwise disposed of, but every grant shall be
subject to the provisions of the statute of the Province of Ontario entitled “The Bed of Navigable
Waters Act”, Revised Statutes of Ontario, 1914, chapter thirty-one.
3- Any person authorized under the laws of the Province of Ontario to enter upon land for the
purpose of prospecting for minerals thereupon shall be permitted to prospect for minerals in
any Indian Reserve upon obtaining permission so to do from the Indian Agent for such Reserve
and upon complying with such conditions as may be attached to such permission, and may stake
out a mining claim or claims on such Reserve.
4- No person not so authorized under the laws of the Province of Ontario shall be given
permission to prospect for minerals upon any Indian Reserve.
5- The rules governing the mode of staking and the size and number of mining claims in force
from time to time in the Province of Ontario or in the part thereof within which any Indian
Reserve lies shall apply to the staking of mining claims on any such Reserve, but the staking of a
mining claim upon any Indian Reserve shall confer no rights upon the person by whom such
claim is staked except such as may be attached to such staking by the Indian Act or other law
relating to the disposition of Indian Lands.
6 -Except as provided in the next following paragraph, one-half of the consideration payable,
whether by way of purchase money, rent, royalty or otherwise, in respect of any sale, lease or
other disposition of a mining claim staked as aforesaid, and, if in any other sale, lease or other
disposition hereafter made of Indian Reserve lands in the Province of Ontario, any minerals are
included, and the consideration for such sale, lease or other disposition was to the knowledge of
the Department of Indian Affairs affected by the existence or supposed existence in the said
lands of such minerals, one-half of the consideration payable in respect of any such other sale,
lease or other disposition, shall forthwith upon its receipt from time to time, be paid to the
Province of Ontario; the other half only shall be dealt with by the Dominion of Canada as
provided in the paragraph of this agreement numbered 1.
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7- The last preceding paragraph shall not apply to the sale, lease or other disposition of any
mining claim or minerals on or in any of the lands set apart as Indian Reserves pursuant to the
hereinbefore recited treaty made in 1873, and nothing in this agreement shall be deemed to
detract from the rights of the Dominion of Canada touching any lands or minerals granted or
conveyed by His Majesty for the use and benefit of Indians by letters patent under the Great
Seal of the Province of Upper Canada, of the Province of Canada or of the Province of Ontario,
or in any minerals vested for such use and benefit by the operation upon any such letters patent
of any statute of the Province of Ontario.
8- No water-power included in any Indian Reserve, which in its natural condition at the average
low stage of water has a greater capacity than five hundred horsepower, shall be disposed of by
the Dominion of Canada except with the consent of the Government of the Province of Ontario
and in accordance with such special agreement, if any, as may be made with regard thereto and
to the division of the purchase money, rental or other consideration given therefore.
9- Every sale, lease or other disposition heretofore made under the Great Seal of Canada or
otherwise under the direction of the Government of Canada of lands which were at the time of
such sale, lease or other disposition included in any Indian Reserve in the Province of Ontario, is
hereby confirmed, whether or not such sale, lease or other disposition included the precious
metals, but subject to the provisions of the aforesaid statute of the Province of Ontario entitled
“The Bed of Navigable Waters Act”, and the consideration received in respect of any such sale
lease or other disposition shall be and continue to be dealt with by the Dominion of Canada in
accordance with the provisions of the paragraph of this agreement numbered 1, and the
consideration received in respect of any sale, lease or other disposition heretofore made under
the Great Seal of the Province of Ontario, or under the direction of the Government of the said
Province, of any lands which at any time formed part of any Indian Reserve, shall remain under
the exclusive control and at the disposition of the Province of Ontario.
10- Nothing herein contained, except the provision for the application of “The Bed of Navigable
Waters Act” aforesaid, shall affect the interpretation which would, apart from this agreement,
be put upon the words of any letters patent heretofore or hereafter issued under the Great Seal
of Canada or the Great Seal of the Province of Ontario, or of any lease or other conveyance, or
of any contract heretofore or hereafter made under the direction of the Government of Canada
or of the Province of Ontario.
In Witness Whereof these presents have been signed by the parties thereto the day and year
above written.
Signed on behalf of the Government of Canada by the Honourable Charles Stewart, Superintendent
General of Indian Affairs, in the presence of
DUNCAN C. SCOTT.
Signed on behalf of the Government of the Province of Ontario by the Honourable James Lyons,
Minister of Lands and Forests, and by the Honourable Charles McCrea, Minister of Mines, in the
presence of
W. C. CAIN.
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76
The Ontario precedent which had an impact on Tioweroton actually originated from a decision
of a “Judgment of the Lords of the Judicial Committee of the Privy Council on the Appeal of the
Dominion of Canada v. The Province of Ontario, from the Supreme Court of Canada; delivered
the 29th July 1910.” Pages 1-2 /6
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Pages 3-4 /6
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Pages 5-6 /6
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79
Archives: Star Chrome Jurisdiction 1920-1921
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS
SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC 1853-1934.37
other important themes from the second part of the documents from the same reel as the
previous chapter, the HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN
LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC.1853-1934,
Microfilm reel C-11224, are exposing the various litigious position of the Province of Quebec
through moneys given by the Federal Government following the CHROME MINING court
precedent giving compensations to the provinces for Native Lands and reserves exploited by
companies and colonisation and squatters.
For instance, a very important correspondence on page 90, from the Statutes of Quebec of 1927,
Chapter 27 of An Act respecting the granting of titles to settlers for certain lots comprised in the
Indian reserves, disappropriated is exposed following the court case of The Star Chrome
Decision, clarifying the positions of all parties in during the procedures.
Of course, several important names of politicians; deputies and ministers and other figures
exposed though these correspondences are described in alphabetical order in the annexes at
the end following the conclusion.
Edmund Leslie (E.L.) Newcombe, Deputy Minister of Justice, Ottawa.
John D. McLean, Secretary of the Department of Indian Affairs
Elzear Miville-Deschene, Deputy Minister of the Department of Lands and Forests of the
Province of Quebec
W.A. Orr, Officer in charge for the Department of Indian Affairs at Lands and Timber Branch,
Duncan C. Scott, Superintendent General of Indian Affairs
37
LAC, MIKAN no. 2082318, reel C-11224, (222 items), RG10. Volume/box number: 2457. File
number: 95,452-1.
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80
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 1 -Star Chrome case Correspondence from E.L. Newcombe, Deputy Minister of Justice,
Ottawa. to D.C. Scott, Superintendent of Indian Affairs, from 23 December 1920.
Doc: 560124
“Ottawa, 23rd December, 1920.
Dear Mr Scott:
I am sending you herewith copy of the Judgement of the
Committee of the Privy Council in the Star Chrome case, which
I find very disappointing and unsatisfactory. According to the
course of the argument and observations of their Lordships at
the hearing I anticipated that the judgment would uphold the
Dominion right to sell the reserves, but unfortunately it
transpired otherwise, and I am afraid this judgment will be
found seriously to affect many Indian titles.
Yours faithfully,
E.L. Newcombe
D.M.J.”
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81
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 2-3 (Identical, copies) Letter from D.C. Scott, Superintendent of Indian Affairs to E.L.
Newcombe, Deputy Minister of Justice from 29 December 1920.
“December 29, 1920.
Dear Me Newcombe,-
I have your note of the 23rd instant, inclo-
sing a copy of the Judgement of the Committee of the Privy
Council in the Star Chrome Case. I share your disap-
pointment in this matter. Quebec has followed up its
advantage by asking for a list of the Indian reserves
“ which have ceased to exist as such, as a result if the
“ recent judgement of the Privy Council, together with a
“ list showing the late lots sold is the reserves at large
“ the name of the grantee, the prize, area and date of
“ Each Grant.”
I have not acknowledged this letter of dealt with it, pending
the receipt of a copy of the Judgement, and an opportunity
of discussing the matter with you. I would be glad if you
could give me an appointment next week. A question has
arisen with reference to the claim of the Pottawattomie
Indians before the Pecuniary Claims Commission which I
also wish to discuss.
Yours sincerely
Duncan C. Scott
Deputy Superintendent General.”
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82
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 4 Letter from Elzear Miville-Deschene Deputy Minister of the Department of Lands and
Forests of the Province of Quebec L.33855 /20, asking J.D. McLean, Secretary of the
Department of Indian Affairs for a list of the Indians Reserves which have ceased to exist as a
result of the recent Judgment of the Privy Council, on December 2nd, 1920.
Doc-page 548562
“Department of Lands and Forests of the
Province of Quebec L.33855 /20
December 2nd, 1920.
Sir
Re the Indian Reserves.
Will you be so kind as to send as a list of the
Indian reserves which have ceased to exist
as such, as a result of the recent judgment
of the Privy Council, together with a list
showing the lots sold in the reserves at
large, the name of the grantees, the price,
area and date of each grant.
I have the honour to be Sir.
Your obedient servant.
El. Miville-Deschene
Deputy Minister.”
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83
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 5 Letter-Memo from W.A. Orr Officer in charge for the Department of Indian Affairs at
Lands and Timber Branch, to his superior the Superintendent Duncan Scott from January 20,
1921 exposing certain questions concerning the clarification of the repercussions of the said
judgement.
On the right corner file number 95, 452
“Ottawa, January 20, 1921
Memo
The Deputy Minister.-
In regard to the Judgement delivered by the
Privy Council in the Quebec lands case, I
think it would be well to have legal advice
on the following points:-
1.Does the Judgement affect only lands in
Quebec set aside under 14 & 15 Vic. Or
lands on other reserves in the said Province,
or in other provinces?
2.Can the Department sell timber or
minerals on any of those reserves after
surrender thereof by the Indians?
3. Can Indians be enfranchised and granted
patents for their lands?
4. Can the Department continue leasing
lands for the benefit of individual Indian
owners? (written beside: “those band under
surrender”)
W.A. Orr
Officer in charge.”
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84
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 8 Letter from February 2nd, 1921 from Duncan Scott, Deputy Superintendent General of
Indian Affairs to E.L. Newcombe, Deputy Minister of Justice, asking details about the
jurisdictions encountered in the Star Chrome decision of 1920.
On the right corner file number 95, 452
“2nd February, 1921
Dear Mr Newcombe,
I beg to refer you to the recent judge-ment of
the Committee of the Privy Council in the Star
Chrome Case and to ask for your views on the
following points:-
1.Does this judgement affect only Lands in the
Province of Quebec set aside under the provisions
of 12-14 Vict. 1850 C.42 and 14-15 Vict. 1851
O.106 of the Statutes passed by the Legislature
of the Province of Canada, or dies it affect as
well Lands on other reserves within the said
Province or any other Provinces?
2.Has this Department authority to sell timber
or mineral on any reserves affected by this
Judgement after surrender thereof by the Indians?
3.Can Indians be enfranchised and receive patents
for their lands as provided by the Indian Act in
respect of reserves affected by this judgment?
4.Has the Superintendent General authority to
lease on such reserves lands which the Indians
may surrender for the purpose.
Your truly
Duncan Scott, Deputy, Superintendent
General.”
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85
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 9 From the Statutes of Quebec of 1927, Chapter 27 of An Act respecting the granting of
titles to settlers for certain lots comprised in the Indian reserves, disappropriated is exposed
following the court case of The Star Chrome Decision.
Document-page 95452
“Statutes of Quebec
1927
An Act respecting the granting of titles to settlers
for certain lots comprised in the Indian reserves,
disappropriated.
st
(Assented to, the 1 of April, 1927)
THEREAS in the suit before the Privy Council, of the
Attorney-General for the Province of Quebec and others, appellants
and the Attorney-General for the Dominion of Canada and another,
respondents, it was decided that the lands reserved for the use
of certain Indian tribes comprised within the boundaries of the Province
of Quebec, which have been disappropriated from such use,
belong in ownership to the said Province of Quebec;
Whereas the settlers, who hold, in good faith, under titled
granted by the Governor of Canada, the Government of Canada or a
minister of such Government, for agricultural purposes, lots taken
from the lands so reserves, do not possess a valid title or owner
ship and are exposed to eviction and other inconveniences result-
ing from such defect in title;
Whereas it is in the public interest that such settlers
should receive legal titles from the competent authority;
Therefore, His Majesty, with the advice and consent of
the Legislative Council and of the Legislative Assembly of Quebec
enacts as follow:
1.The Lieutenant-Governor in Council may recommend the
gratuitous issuance of letters patent in favour of any settler
who is holder for agricultural purposes of one or more lots
forming part of the Indian reserve disappropriated as such, when
such holder have any title from Governor of Canada, the
Government of Canada or a minister of such Government, provided
that any sum remaining due by the holders of such lots under the
title granted by the federal authority be paid by the Government
of this Province.
2. The letters patent issued in accordance with the preceed-
ing section shall be subject to the terms, conditions and re-
strictions contained in ordinary letters patent relating to the
concession of lands suitable for cultivation, and shall in every
other respect be governed by the laws applicable thereto.
3.This act shall come into force on the day of its sanction.”
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86
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 10-11 In a letter intended to Indian Affairs Accountant F.H. Paget, the Supreme Court Case
involving Star Chrome Mining Co. V. Rosalie Thompson from 23 November 1920 is exposed with
the concerning points which created the precedent.
Document-page 95452
Written: 707548y
Page 1
“Ottawa, 15th February, 1921
Memo
Mr. Paget,
Star Chrome Mining Co. V. Dame Rosalie Thompson.
The following quotation from Judgement of the Judicial
Committee of the Privy Council delivered the 23rd November,
1920, will explain the circumstances under which the Dominion
Government become involved in the suit:-
“By an Order of the Governor of the late Province of
Canada in Council, of the 9th August, 1853, pursuant to a
statute of that province (14 and 15 Vict.c.106), the pro-
visions of which are hereinafter explained, certain lands,
including those whose title is in question on this appeal,
vic., Lots 6, 7 and 8, in the thirteenth range of the town-
ship of Coleraine in the county of Megantic, were appropri-
ated for the benefit of the Indian tribes of Lower Canada,
these particularly mentioned being set apart for the tribe
called the Abenakis of Becancour. By an instrument of sur-
render of the 14th February, 1882, which was accepted by
an order of the Governor-General of Canada in Council of the
3rd April, 1882, this tribe surrendered (inter alia) the lots
above specified to Her Majesty the Queen; and on the 2nd of July,
1857, the Dominion Government professed to grant them by
letters patent to Cyrice Tetu, of Montreal, those interest
in the past on his death to Dame Caroline Tetu.
On the 10th April, 1895, the lands in question, having been seized in
execution by the sheriff of the district of Arthabaska, under a
judgement against Dame Caroline Tetu, were sold by the sheriff to
one Joseph Lamarche, whose title was eventually acquired by the
respondent Dame Rosalie ...”
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87
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 10-11 In a letter intended to Indian Affairs Accountant F.H. Paget, the Supreme Court Case
involving Star Chrome Mining Co. V. Rosalie Thompson from 23 November 1920 is exposed with
the concerning points which created the precedent.
Document-page 95452
Written: 707548y
Page 2
"...Thompson, The appellants, the Star Chrome Mining Company,
Limited, having purchased the property from the respondent
Dame Rosalie Thompson, in February, 1907, the Company took
proceedings against the vendor, claiming recision of the
sale and demanding repayment of the purchase money with
damages, on the ground that the property was in the Crown
in the right of the Province of Quebec, and that the vendor
was consequently without title at the time of the sale.
The action of the appellants having come on trial
on the 4th June 1909, the trial was adjourned, and on the
29th June, 1912, an order was made suggesting that the
Dominion Government and the Government of Quebec, should in-
tervene for the purpose of determining the controversy
touching the authority of the Dominion Government to dispose
of the lands in question on behalf of the Crown. On the
2nd October, 1914, the appellant, the Attorney-General of
Quebec, intervened, claiming by his intervention that the
grant to Cyrice Tetu, of the 2nd July, 1887, was null and
void, on the ground that the lands which the grant professed
to dispose of were the property of the Crown in the right
of Quebec, and on the 7th October, 1914, the respondent, the
Attorney General of Quebec by a contestation in which he
maintained the validity of the grant to Cyrice Tetu. On the
7th May, 1917, the Superior Court pronounced judgment re-
jecting the intervention of the Attorney-General of Quebec,
and the appeal from this judgment was dismissed by the
Court of Kings Bench on the 20th November, 1917, Mr Justice
Lavergne dissenting.”
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88
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 12 Later on March 31th 1921, Duncan C. Scott the Deputy Superintendent General of
Indian Affairs sent a letter to the minister of Justice E.C. Macombe exposing that he did not
receive the his last letter exposing his views and points on the last judgment of the Star Chrome
wood Company.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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89
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Pages 13-18 One of the Ontario precedent which had an impact on Tioweroton actually
originated from a decision of a “Judgment of the Lords of the Judicial Committee of the Privy
Council on the Appeal of the Dominion of Canada v. The Province of Ontario, from the Supreme
Court of Canada; delivered the 29th July 1910” about an Ojibway Treaty of 1873.
Pages 1-2 /6
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90
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Pages 15-16
Pages 3-4 /6
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91
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Pages 17-18 (page 19 is a double of page 18)
Pages 5-6 /6
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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92
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 23 (pages 20-22 are letters from Privy Council of the Dominion of Canada exposing the
receptions of the letters between Deputy Minister of Lands and Forest Miville-Deschene and
J.C MacLean Esquire at Indian Affairs from April 12, 1921.) Later on May 7th 1921, the Minister
of Justice E.C. Macombe asks Duncan C. Scott the Deputy Superintendent General of Indian
Affairs in Ottawa if the precedent from Star Chrome wood Company Ontario touches Qc
Jurisdictions.
The Deputy Minister of Justice Ottawa
“Ottawa, May 7th, 1921.
242/21
Dear Mr. Scott,
I beg to acknowledge the receipt of your letter
of the 2nd of February last submitting the
following questions for advice:-
1-Does this judgment affect only lands
in the Province of Quebec set aside under
the provisions of the 13-14 Vict. 1850 c.42,
and 14-15 Vict. 1851, C. 106, of the Statutes
passed by the Legislature of the Province of
Canada, or does it affect as well lands on
other reserves within the said Province or
any other Province?
2-Has this Department authority to sell
timber or minerals on any reserves affected by
this judgment after surrender thereof by the
Indians:
3-Can Indians be enfranchised and receive
patents for their lands as provided by the
Indian Act in respect of reserves affected
by this judgment?
4-Has the Superintendent General authority to
lease on such reserves lands which the Indians
may surrender for that purpose?
In reply I beg to state that the decision
in the Star Chrome case is of general application
affecting the powers which have been heretofore
commonly exercised by the Dominion in relation to
all Indian Reserves in which the province retains
a beneficial interest and that consequently it
would be unjust to the Indians in such cases to
accept surrenders from them because it would
soon ....”
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93
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 24
Page 2
“... to follow from the decisions of the Judicial
Committee that the surrender of the Indian title,
even when in trust for sale, operates to free the
surrendered lands from burthen38 of the Indian title
for the benefit of the Province, without
apparently affording the Indians any right of
compensation.
A regards the third inquiry, I may observe
that it is only a logical application of the principles
enunciated to hold that an Indian cannot upon enfranchise-
ment receive a grant of any greater interest than the
band in common had in that particular part of the
reserve which is located to the enfranchised Indian.
It would be inadvisable to issue any grant or title
which would free the land from its character of Indian
reserve and probably an exclusive location is all that
could safely be permitted.
As regards sales of timber and minerals
I would still contend that these are matters of
administration within the exclusive authority of the
Dominion and that the Province has no right to
question these sales. Leases also I think might be
negotiated so long as the Indian title is not surr-
endered but I would hesitate to advise that the Indians
may for any purpose safely surrender. As to timber
lands, section 73 of the Indian Act, and on, provides
that the Superintendent General or any officer or agent
authorized by his to that effect may grant licenses to
out trees on granted Indian lands apparently without any
necessity for a surrender from the Indians; but as
regards minerals it appears by sections 48 and 51 that
.....”
38
Burthen: etymology: the terms that which is
borne with difficulty; obligation; carrying
capacity.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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94
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 25
Page 3
“... a surrender is required before minerals can be
alienated and I would suggest that the lot be
amended so as to provide for working the minerals
without surrender.
With respect to Ontario reserves my agreement
with Mr. Blake would presumably continue to
govern and by that contention of the Dominion
which has now been overruled was to a large extent
conceded.
Yours truly
E.C. Macombe
Deputy Minister of Justice.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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95
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Star Chrome Jurisdiction
Page 26 A letter of 12 September 1922 from Odjick, Algonquin Chief to the Clerk of the Privy
Council in Ottawa asking to get a copy of the Statute 14 & 15 Vic, Chapter 106 on the 9 th of
August 1853, mentioning: “It is in reference to the granting of reserves to Indians.”
-Note that Odjick was often mentioned in several books from Eric Pouliot-Thisdale, though
censuses and parish registers.
Page-564759
Document 9545-2
“River Desert, Sept. 12th / 22
To the Clerk of
The Privy Council
Ottawa, Ont.
Sir, Would you please send me
worded article under Statute 14 & 15
Vic, Chapter 106 on the 9th of August in
The year 1853.
I think it is in reference to the
granting of reserves to Indians
Yours,
Obediant servant
Wm Odjick
River Desert
P.O. Box 82”
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96
Surrenders following the Star Chrome Jurisdiction 1923-1933 39
This chapter includes Taschereau, Quebec’s Prime Minister’s reluctance to see Ottawa
manage the “Surrenders” compensation’s, by putting the emphasis on managing the
funds from its office in Quebec.
On 11 November 1927 from W. Stuart Edward, Deputy Minister of Justice, Ottawa to Duncan
Scott, Esq. Deputy Superintendent General of Indian Affairs attempting to calm the tension
created towards Charles Lanctot, Deputy Attorney General of Quebec, considering the
reluctance of Quebec to collaborate with the Star Chrome Court Decision.
Then on 13 September 1928 from Charles Lanctot, the Solicitor General, and Deputy Attorney
General of Quebec to Duncan Scott, Esq. Deputy Superintendent General of Indian Affairs
exposing that he is now disposed of granting to money back to squatters under the conditions
and administration of the provincial government, once they receive the funds necessary.
Latter a letter from 1 March 1929 from Prime Minister of Quebec, Taschereau, is exposed in an
attempt to give his conditions in order to gain an interest rate from the Federal, in which he
wrote:
“The ultimate interest of the Province is fully protected by the agreement and it is provided that
when an Indian band become extinct the monies and lands formerly the property of such band,
remaining in the custody of the Department, shall be returned to the Province.
The values in Indian reserves in the Province of Ontario exceed those in the Province of Quebec
and we are still hopeful that Quebec will grant like terms to the Dominion for the benefit of the
Indians. What the Dominion asks is that the Province shall not take from the Indians monies
received from the sale of these lands and shall give the Indians the full use under a statutory
agreement of the reserve lands set apart for them, which area considering the extent of the
Province, is negligible. The funds in hand and in prospect in comparison to the wealth of the
Province may also be considered relatively unimportant.
If the Province still wishes to take the legal position it follows that this Department will not be
able to ask the Indians for any surrenders of land, and from our standpoint, it is not considered
that such a position of affairs be in the interests of the development of localities adjacent to
Indian Reserves.[...]”
39
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE
CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, LAC, MIKAN no. 2082318, reel C-
11224, (222 items), RG10. Volume/box number: 2457. File number: 95,452-1.
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97
Until April 19, 1932, Taschereau maintains his position not agreeing to cease to management of
lands and on May 12, 1932, the Minister put the emphasis on the fact that the precedent that
occured in other provinces had its jurisdiction in Quebec as well.
On page 101, on a copy of the letter from Superintendent General Thomas J. Murphy to Hugh
Guthrie, E.C., Minister of Justice on May 18, 1932, he exposes the importance to put the
emphasis on the amount expected from the Provincial responsibles in Quebec, Prime Minister
Taschereau. Murphy enclosed a memorandum exposing:
“MINISTER OF THE INTERIOR CANADA, Ottawa, May 18, 1932
My Dear Colleague, I discussed with your Deputy, Mr. Edwards, a few days ago to claim the
Honourable Mr. Taschereau, on behalf of the Province of Quebec, for the payment of all monies
received by the Dominion Government from the sale of surrendered Indian lands in that Province,
the claim being based on the judgment of the Privy Council in 1920 in what is known as the Star
Chrome Mining Company case.
I am enclosing, herewith, a memorandum dealing with the history of the cases and a
recommendation to Council providing for the payment to the Province of Quebec of the amount
which, in the opinion of the department of Indian Affairs -, ans, I believe, concurred in by your
Department- the Dominion Government properly owes to the Province.
As the Prime Minister is anxious that this matter be dealt with at once, I should like to have your
opinion some time during the day as to what amount may properly be held as owing to the
Province of Quebec by the Dominion Government in respect of the judgment of the Privy Council
in the Star Chrome Mining Company case.
Further, I should like you to advise me how, and in what manner, such monies can be paid to the
Province. If the recommendation to Council is not in order, would you kindly have your officers
draft one which will be in accordance with your judgment.”
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98
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 30: Page 29, translated page 30, copy page 31. Correspondences end page 33. Lawyer
office Godin Dussault & Cadotte from September 21, 1923 asking the Minister of Indian Affairs
for a property granted in 1915 asking for cadastre plans.
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99
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 34- followed by reception of letter, page 35. A letter from May 31, 1924, from Quebec
from C.S. Bernier Superintendent of Department of Lands and Forests of the Province of
Quebec to Superintendent Duncan Scott Esquire of Indian Affairs directed by Honoré Mercier,
Minister of Lands and Forests about a precedent containing the Act respecting land set for
Indians.
Department of Lands and Forests of the
Province of Quebec 7101/24.
Quebec, May 31st, 1924
“Dear Sir,
I am directed by the Honourable Honoré Mercier,
Minister of Lands and Forests, to forward
you the Statutes of Quebec 12 Geo.V. 1922,
containing the act respecting lands set
apart for Indians. You will find this act at
chapter 37.
I have the honour to be Sir,
Your Obediant servant,
C.S. Bernier
Ass’t-Superintendent.”
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100
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 40 In Montreal, September 28th, 1925, Campbell, McMaster & Couture Law firm for the
settlers asking the Superintendent of Indian Affairs to validate the holders of lands (settlers)
“which were formerly granted by your department.”
Campbell, McMaster & Couture
Advocates and Solicitors
Montreal, September 28th, 1925.
“Superintendent of Indian Affairs,
Ottawa, Ont.
Dear Sir,
We were informed verbally by your
Department that negotiations were proceeding between the
Dominion Government and the Province of Quebec with a
view to settling the unsatisfactory position created by the
judgment of the privy Council in the Starchrome Mining
case.
Will you kindly inform me if there
has been any satisfactory results to these negotiations
or if anything has been done to validate the titles
of the holders of lands of Quebec, which were formerly granted by
your Department.
Yours very truly,
Campbell, McMaster & Couture”
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101
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 41 Letter of 2 October 1925 from J.D. McLean, Secretary of the Department of Indian
Affairs to Campbell, McMaster & Couture Law firm exposing that “the Department has no
records of any negotiations between the Dominion Government and the Province of Quebec with
a view to settling the unsatisfactory position created by the judgment of the Privy Council in the
Starchrome Mining case and in absence of the Deputy Minister I cannot say whether he had any
interview with any member of the Quebec Government in regard to this matter[...]”
f
October 2, 1928
“Gentlemen,
In reply to your letter
of the 28th ultimo addressed to the
Superintendent General of India Affairs
I beg to state that the Department has
no records of any negotiations between
the Dominion Government and the Province
of Quebec with a view to settling the
unsatisfactory position created by the
judgment of the Privy Council in the
Starchrome Mining case and in ab-
sence of the Deputy Minister I cannot
say whether he had any interview with
any member of the Quebec Government in
regard to this matter.
Your obedient servant,
J.D. McLean,
Acting Deputy Superintendent General.”
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102
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 42 Reception of the letter of J.D. McLean, Secretary of the Department of Indian Affairs of
the 2 October 1925 confirmed by Campbell, McMaster & Couture Law firm on 5 October 1925.
Page 43 Letter –Memorandum from 15 November 1927, from Departmental Secretary of
Indian Affairs to Captain Robertson with a mention “attached hereunder Robertson 14/4/1927”
Departmental of Indian Affairs
Canada
“November 15, 1927.
Memorandum:
Captain Robertson.
Would you kindly let me have a statement
showing the reserves in the Province of
Quebec, their area, quantity of land
surrendered, and the quantity now
remaining in reserves. I should like this
statement as soon as possible this week.
“DCL”
D.S.G.I.A.
(Department Secretary General of the
Indian Affairs)
Attached hereunder
Robertson 14/4/1927 ”
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103
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 44 On 31 November 1927, the annexed, “statement showing the reserves in the Province
of Quebec, their area, quantity of land surrendered, and the quantity now remaining in reserves”
as asked previously by Department Secretary General of the Indian Affairs on November 15,
1927.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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104
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 45-46 Letter from 16 September 1927 from Charles Lanctot, Deputy Attorney General of
Quebec to W. Stuart Edwards Esquire, Deputy Minister of Justice, trying to calm the game
through correspondence, considering the reluctance of Quebec to collaborate with the Court
Decision.
“Page 1
Quebec, September 16th 1927
W. Stuart Edward, Esqu.,
Deputy Minister of Justice,
Ottawa.
Dear Mr. Deputy Minister.
As much as possible we are endeavouring on
both sided to remove all cause of friction in the admin-
istrative questions which arise between the two govern-
ments and it is in this spirit that I am writing to you.
We understand from the Department of Crown Lands
of this Province that they have been informed that the
Federal Officer still contend that it is within their
rights to administer the lands which form part of dis-
affected Indian reserves.
As you know, this matter was ruled upon by the
Privy Council in the Star Chrome Case decided in 1920 in t
he sense that all such lands were vested in His Majesty
in the right of the Province of Quebec after the removal
of the interested Indians which had been, in several cases
operated by way of a surrender of the Indian title.
Shortly after this judgment, one of the Depart-
ments of the Government of Canada, I believe that charged
with the administration of Indian Affairs, furnished us
with a voluminous list of the lands which had, for agri-
cultural, industrial and other purposes , been conceded
by the Ottawa Government, so as to facilitate the admin-
istration of this part of the provincial domain by the
local authorities.
Of course, we have not any doubt at all that the
Star Chrome judgment settles the question as far as this
Government is concerned once for all. If you are of the
same opinion, would it be asking you and the Honourable
........”
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105
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 45-46 Letter from 16 September 1927 from Charles Lanctot, Deputy Attorney General of
Quebec to W. Stuart Edwards Esquire, Deputy Minister of Justice, trying to calm the game
through correspondence, considering the reluctance of Quebec to collaborate with the Court
Decision.
“page 2
... Mr. Lapointe too much to communicate in
our own way with proper federal department
so as to prevent any difficulties in this
connection.
Yours sincerely,
CHARLES LANCTOT.
Deputy Attorney General.”
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106
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 47 (page 1/2) Letter of 11 November 1927 from W. Stuart Edward, Deputy Minister of
Justice, Ottawa to Duncan Scott, Esq. Deputy Superintendent General of Indian Affairs
attempting to calm the tension created towards Charles Lanctot, Deputy Attorney General of
Quebec, considering the reluctance of Quebec to collaborate with the Star Chrome Court
Decision.
Page 1/2
“WSE/GLH.
Ottawa, November 11, 1927.
Dear Mr. Scott,-
I enclose herewith copy of a letter
which was received in the Department some time ago
from Mr. Charles Lanctot, Deputy Attorney General
of Quebec, upon the subject of the administration
of certain reserves in that Province. When
you spoke to me upon this subject recently the fact
that Mr. Lanctot had communicated with me had escaped
my memory, and his letter was only brought to my
attention this morning.
If you agree, I will write Mr. Lanctot
stating that it would be desirable to have a con-
ference between himself and our officials in the
matter, and that if it would suit his convenience we
would be glad to attend at Quebec for that purpose.
Duncan Scott, Esq.
Deputy Superintendent General
of Indian Affairs,
OTTAWA.”
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107
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 48 (page 2/2) Letter of 11 November 1927 from W. Stuart Edward, Deputy Minister of
Justice, Ottawa to Duncan Scott, Esq. Deputy Superintendent General of Indian Affairs
attempting to calm the tension created towards Charles Lanctot, Deputy Attorney General of
Quebec, considering the reluctance of Quebec to collaborate with the Star Chrome Court
Decision.
Page 2/2
“You will observe that Mt Lanctot is evidently
under some misapprehension as to the effect of the
Star Chrome case. This aspect of the matter could
very easily be cleared up by correspondence, but I
understand that there are number of matters which
you wish to discuss with the provincial authorities,
and it is for that reason that I make the above
suggestion.
Yours very truly,
W. Stuart Edwards.”
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108
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 49 Letter from 14 November 1927 from Duncan Scott, Esq. Deputy Superintendent
General of Indian Affairs giving receipt of the reception of the letter of 11 November 1927 from
to W. Stuart Edward, Deputy Minister of Justice, Ottawa, exposing that they would be willing
to attend a meeting with Mr. Lanctot as a conference with the Minister at Quebec during the
next week or the week after in which Charles Lanctot the Solicitor General, and Deputy
Attorney General of Quebec would also attend.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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109
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 50 In a letter from 7 January 1928, Charles Lanctot the Solicitor General, and Deputy
Attorney General of Quebec to W. Stuart Edward, Deputy Minister of Justice, Ottawa agreeing
to have a conference adding that he would consider important to have Mr. Justice L. A. Cannon.
-Reception of the letter was confirmed on 10 January 1928 by Stuart Edward, page 51.
(Note: Mr Justice is a term used designating a Judge seating at Supreme Court of Canada.)
Copy /EV
“Quebec, January 7th, 1928
W. Stuart Edward, Esq.,
Deputy Minister of Justice,
Ottawa
Dear Mr. Edwards.
Your file No. 1466/27
On my return from Europe I had communic-
ation of your letter of the 22nd November last, in
which you state that it would be desirable that
the Hon. Mr Cannon, Dr. Scott, and possibly yourself
should attend upon the Quebec authorities, in Quebec,
in connection with the discussion of the situation
in the Province of Quebec relating to the admin-
istration of indian lands.
I talked the matter over with the Premier and he states
that if we were informed of Mt. Cannon’s next visit to
Quebec, we would make it a point to meet him with Dr.
Scott and yourself for the purpose of discussing the
above matter.
Yours sincerely,
Charles Lanctot.”
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110
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 52 Schedule exposing statement of the Indian Affairs concerning the original acres,
surrendered acres and present acres
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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111
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 53 Schedule showing Lands allotted under Act 14 and 15 Vic. Chap. 106 and those
received, citing Leinster, Doncaster
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112
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 55 exposes the schedule stating the locations of lands allotted, including Doncaster as:
Reserve No. 17
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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113
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Pages 59-72 are accounts relating the Balance in Trusts Funds Account and arrears -Province of
Quebec, November 15, 1927 –NONE CONCERNING DONCASTER-.
Page 59 Relating the Balance in Trusts Funds Account-Province of Quebec, November 15, 1927.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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114
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 73 (1/3) from pages 73-74-75 Letter-Memorandum of 17 October 1927 from the Office of
the DEPUTY SUPERINTENDENT GENERAL, Ottawa of the Department of Indian Affairs exposing
the suggested DISPOSAL OF SURRENDER PORTIONS of INDIAN RESERVES in Provinces of Quebec,
New Brunswick, Nova Scotia and Prince Edward Island.
“Memorandum:-Disposal of surrender portions of
Indian reserves in Provinces of Quebec, New
Brunswick, Nova Scotia and Prince Edward Island.
The respective rights of the Dominion of Canada
and the Province of Ontario in relation to Indian lands with-
in the Province first came before the Judicial Committee of
the Privy Council in 1888, when it was held (in St. Catharines’
Milling Company vs. The Queen, 1888, 14 App. Cas. 461 that lands
surrendered by the Indians to the Crown subsequent to Con-
federation belonged not to the Dominion, which had negotiated
the treaty, but to the Province.
Fourteen years later the question again came be-
fore the Judicial Committee in a slightly different form, in
Ontario Mining Company, Limited. Vs. Seybold, 1903, A.C.73.
To that appeal the Dominion was a party, but just before the argument
and agreement between Mr. Blake, representing the Province, and Mr.
Newcombe, representing the Dominion, was entered into, and the latter
took no part in the argument,
which was followed by a judgment in effect confirming the conclusion
arrived at in the earlier appeal.
The agreement (known as “counsel’s agreement”,
was dated 7th July, 1902), provided that, without prejudice
to the legal rights of either the Province or the Dominion
and merely as a matter of convenience, the Dominion should
upon their surrender by the Indians, have power to dispose of
lands included in reserves in Ontario, the Dominion to hold
the proceeds subject to the rights of the Province. It was
further provided that the question whether this right of dis-
position by the Dominion should extend to the precious metals relevant
to each particular piece of land.
It was not until 1920 that the strictly legal
position of lands in Indian reserves surrendered for sale was
discussed before the Judicial Committee. Then in a case from
Quebec (Attorney General for Quebec vs. Attorney General for
Canada, 1921, A.C. 401). It was held that a patent by the
Dominion of lands included in a reserve and surrendered by the
Indians entrust for sale was ineffective, since upon the
surrender the title passed, not to the Dominion, but to the
Province. It is probable that the strictly legal position in
relation to reserves in New Brunswick, Nova Scotia and Prince
Edward Island, is identical with that in Quebec. The reserves
in Ontario were apparently in the same position also until an
agreement was entered into between the Dominion and the
Province of Ontario dated the 24th day of March, 1924, and ...”
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115
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 74 (2/3) from pages 73-74-75 Letter-Memorandum of 17 October 1927 from the Office of
the DEPUTY SUPERINTENDENT GENERAL, Ottawa of the Department of Indian Affairs exposing
the suggested DISPOSAL OF SURRENDER PORTIONS of INDIAN RESERVES in Provinces of Quebec,
New Brunswick, Nova Scotia and Prince Edward Island.
“ confirmed on Chapter 18, Statutes of Ontario. 14 Geo.V
and by Chapter 40. Statutes of Canada, 14-15 Geo.V. Al-
though no steps have been taken to determine the question,
the general notion prevails that the Indians’ interest in
reserves carries with it the right to the base metals but
that the precious metals belong to the Crown in the right
of the Province. Geological formations are such that
precious and base metals ordinarily occur together and are
only separated in the course refinement. To deal with
the precious metals consequently involves dealing also with
the late metals and the said Agreement with Ontario is that
upon the sale or other disposition of mineral lands one-half
of the total proceed should belong to the Dominion for the
benefit of the Indians and the other half to the Province.
Briefly, this Agreement following the recitals
Proceeds:-
(a) By paragraph 1 to confirm and define the
right of the Dominion to dispose of Indian
reserve lands generally, subject to the proviso
that in the event of a bans becoming extinct,
the lands and funds remaining shall belong to
the province.
(b) By paragraph 2 to 6 to permit the disposition
also by the Dominion of the minerals including
precious metals, subject however, to the
assimilation of the right to stake and the mode
of staking mineral claims on reserves to that
applicable to adjoining lands in the Province
under provincial laws and subject also to the
division equally between the province and the
Indians of the consideration obtained for minerals.
(c) By paragraph 7 to exclude this latter arrange-
ment as to minerals from the reserves set apart
in 1873 under the Northwest Angle Treaty, which
expressly provides that the Indians shall have
the benefit of all the minerals, and also to
exclude from the arrangement such lands as have
been granted for the use of Indians by provincial
letters patent which, under the law of Ontario,
carry the precious metals as well as other miner-
als.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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116
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 74 (2/3) from pages 73-74-75 Letter-Memorandum of 17 October 1927 from the Office of
the DEPUTY SUPERINTENDENT GENERAL, Ottawa of the Department of Indian Affairs exposing
the suggested DISPOSAL OF SURRENDER PORTIONS of INDIAN RESERVES in Provinces of Quebec,
New Brunswick, Nova Scotia and Prince Edward Island.
“ ...confirmed on Chapter 18, Statutes of Ontario. 14 Geo.V
and by Chapter 40. Statutes of Canada, 14-15 Geo.V. Al-
though no steps have been taken to determine the question,
the general notion prevails that the Indians’ interest in
reserves carries with it the right to the base metals but
that the precious metals belong to the Crown in the right
of the Province. Geological formations are such that
precious and base metals ordinarily occur together and are
only separated in the course refinement. To deal with
the precious metals consequently involves dealing also with
the late metals and the said Agreement with Ontario is that
upon the sale or other disposition of mineral lands one-half
of the total proceed should belong to the Dominion for the
benefit of the Indians and the other half to the Province.
Briefly, this Agreement following the recitals
Proceeds:-
(a)
(b)
(c)
(d) By paragraph 6 to prevent the disposition
of water powers exceeding 500 horse-power, ex-
cept on terms agreed to by the Province.
(e) By Paragraph 9 to conform all past transact-
tions by the Dominion or the Province.
(f) By paragraph 10 to prevent the statutory
confirmation of the agreement from affecting
the interpretation which would, apart from it,
be placed upon grants heretofore or hereafter
made.
The object of a bans in surrendering an area
of land is to have it converted into cash to befunded for
the benefit of its members. The interest arising therefrom
is applied as occasion ma require in the way of relief, the
purchase of stock, agricultural machinery &c. In this way
property from which no particular benefit is being derived
is converted into property from which very great benefit is
derived. If, as is the situation at the present time, on a...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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117
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 75 (3/3) from pages 73-74-75 Letter-Memorandum of 17 October 1927 from the Office of
the DEPUTY SUPERINTENDENT GENERAL, Ottawa of the Department of Indian Affairs exposing
the suggested DISPOSAL OF SURRENDER PORTIONS of INDIAN RESERVES in Provinces of Quebec,
New Brunswick, Nova Scotia and Prince Edward Island.
Page 3
“ ...surrender of any portion of a reserve the Indians lose it
entirely, they will not be disposed to release any of their
lands, to the detriment of both the Indians and the adjoin-
ing white community. The Provinces are quite as much in-
terested as the Dominion in the improvement of tha Indian
communities within their borders. It is submitted that the
Province of Quebec, New Brunswick, Nova Scotia and Prince
Edward Island might consider the property of entering in-
to the agreement with the Dominion similar to the one above re-
ferred to between the Province of Ontario and the Dominion
enabling the Indians to retain the benefits of lands surrender-
ed for that purpose.
Signed
DCl (Designated clerk)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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118
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 76 Letter from 10 January 1928 from Duncan Scott, Esq. Deputy Superintendent General
of Indian Affairs to W. Stuart Edward, Deputy Minister of Justice, Ottawa hoping that an
agreement will the Province of Quebec, still reluctant to jurisdictions well adopted in Ontario.
Copy original on file 477657
File 477658
“10th January 1928.
Dear Mr. Edwards:
I beg to enclose a Memorandum dated the 17th
October last setting forth briefly the facts which led to the
Agreement between the Dominion and the Province of Ontario
dated the 24th March, 1924 and confirmed by Chapter 15,
14 Geo. V., Status of Ontario, and by Chapter 48, 14-15 Geo.V,
Statutes of Canada. It is hoped that we shall be able to
enter into a similar agreement with the Province of Quebec
and later with the Provinces of New Brunswick, Nova Scotia
and Prince Edward Island. The desirability of such an
agreement is apparent from the facts set forth in this
memorandum. This is the one question in particular that
we desire to take up with the Province of Quebec as soon
as an agreement can be made for an interview with the
Provincial Authorities.
I am enclosing File No.477658 containing
material with respect to treating with the Indians resident
on the eastern side of James Bay in accordance with the
provision of Paragraph C, Section 2, Chapter 45, 2 Geo.V.
This subject may be referred to at the proposed interview
but not so as to in any way interfere with the prospect
of securing the agreement in respect of Indian Reserves in
the Province of Quebec as above referred to.
Yours truly
Duncan C Scott
Deputy Superintendent General.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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119
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 77 Letter from 20 March 1928 from Duncan Scott, Esq. Deputy Superintendent General
of Indian Affairs to Charles Lanctot the Solicitor General, and Deputy Attorney General of
Quebec hoping that an agreement will the Province of Quebec, still reluctant to jurisdictions
well adopted in Ontario.
Doc 95452-1
“20th March 1928
Dear Mr. Lanctot.
I hope you will not think I am anxious
in writing to make an inquiry has to what progress has been
made with respect to the suggested agreement between the
Province and the Dominion in the matter of the Indian
Reserves. If such an agreement can be reached, as I sincere-
ly hope that it may, I am very anxious that it be consum-
mated of possible, in time to have enacted at the present
Session of the Legislature and Parliament the necessary
legislation to confirm this agreement.
I should be obliged to hear from you in reference
to this matter.
Yours sincerely
Duncan Scott
Deputy Superintendent General.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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120
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 78 Letter from 21 March 1928 from Charles Lanctot the Solicitor General, and Deputy
Attorney General of Quebec to Duncan Scott, Esq. Deputy Superintendent General of Indian
Affairs exposing that the “matter of Indian Reserves will be taken up after the Quebec
Legislature is prorogued.”. Doc 95452
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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121
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 79 Letter from 12 September 1928 from Duncan Scott, Esq. Deputy Superintendent
General of Indian Affairs to Charles Lanctot the Solicitor General, and Deputy Attorney
General of Quebec “hoping that a progress is in course concerning the questions we discussed
when I was in Quebec.” Doc 95452-1
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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122
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 80 Letter from 13 September 1928 from Charles Lanctot, the Solicitor General, and
Deputy Attorney General of Quebec to Duncan Scott, Esq. Deputy Superintendent General of
Indian Affairs exposing that the “I have your letter of the 12th instant and in answer, beg you to
state that the matter is still under consideration of the Government.”. Doc 95452
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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123
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 81 Letter from 26 September 1928 from Duncan Scott, Esq. Deputy Superintendent
General of Indian Affairs to Charles Lanctot the Solicitor General, and Deputy Attorney
General of Quebec hoping that a progress is in course concerning the questions of the Indian
Reserves. Doc 95452-1
th
“25 September, 1928.
Dear Mr. Lanctot,
I beg to acknowledge the receipt of your letter of the13th Instant,
stating that the matter referred to in your letter was still under
consideration.
Mr. Graveline, an Officer from the Department of
Lands and Forests, Quebec, when at this Department today made
applications for the names of grantees to whom patents for
Indian lands had been granted by the Dominion Government in
order that patents may be granted by the Provincial Govern-
ment in permanence of the provisions of the Chapter 27, 17 Geo. 5,
Statutes of Quebec.
Since the Act was passed we have, of course, been
corresponding with each other with a view of adjusting by
neutral agreement the condition, unsatisfactory alike to the
Province and the Dominion, arising out of the decision in
what is known as the Star Chrome case. If such an agreement
as that proposed by this Department is acceptable to the
Province and entered into by the two Governments, it may
possibly result in some modification of the action to be
taken under the provisions of the said Statute of 1927. It
seems to me therefore that we should dispose of the question
of the proposed agreement before either party undertakes the
work involved in carrying out the provisions of the said
Statute. If there is anything I can do to facilitate the
adjustment of this matter, either by correspondence, or
personal attendance at your Department in Quebec, kindly
advise me.
Your sincerely,
Duncan Scott
Deputy Superintendent General.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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124
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 83-84 (page 1/2) Letter from 13 September 1928 from Charles Lanctot, the Solicitor
General, and Deputy Attorney General of Quebec to Duncan Scott, Esq. Deputy Superintendent
General of Indian Affairs exposing that he is now disposed of granting to money back to
squatters under the conditions and administration of the provincial government, once they
receive the funds necessary. Doc 95452-1
“The Deputy of Attorney General
Quebec, September 19th, 1928.
Dear Mr. Scott.
I am directed by the
Attorney General to acknowledge the receipt of
you letter of the 15th Instant, in which you ask
whether the agreement proposed by the Department
of Indian Affairs to determine a modus vivendi
between the two governments under the decision of
the Privy Council in the Star Chrome case, is
acceptable to the Government of the Province.
I now have to state that the Minister have
given the attentive consideration and they
have come to the conclusion that the administration
of the lands which had formed part of the abandoned
Reserves must be administered directly by the
Government of this Province; that the Provincial
Government must carry out the engagement taken
before the Judicial Committee by its Counsel to
respect the possession of settlers who had established
themselves on the same lands under a Federal title;
and that moneys which have been paid over to the
Federal authorities for these lands and for those
granted by the Dominion Government for industrial
purposes should be paid over to the Government of
Quebec – and I am requested to ask you to see that
this payment be made as soon as possible by the federal...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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125
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 83-84 (page 2/2) Letter from 13 September 1928 from Charles Lanctot, the Solicitor
General, and Deputy Attorney General of Quebec to Duncan Scott, Esq. Deputy
Superintendent General of Indian Affairs exposing that he is now disposed of granting to
money back to squatters, but under the conditions that they manage the administration of
funds from the provincial government, once they receive the funds necessary. Doc 95452-1
Page 2
“... Government.
In order that this Government may carry
out the provisions of the Statute of 1927, which
was passed to fulfill the undertaking of the Province
through its Counsel before the Judicial Committee,
it will be necessary for the Department of Lands
and Forests to have the list of the federal grants;
and I would ask you to cause this list to be sent
either to the undersigned or to the Department of
Lands and Forests directly.
Yours very truly Charles Lanctot
Deputy Attorney General.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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126
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 87, 1/3 (Pages 85 & 86 letters receptions confirmations) A letter from December 19, 1928,
from Quebec from Duncan Scott, Deputy Superintendent General to Charles Steward,
Canadian Minister of the Interior and Mines in office from December 29, 1921 – June 29, 1926.
He exposed the reluctance of Quebec to let the Federal manage the administration proceed as
Ontario in rendering lands to Native communities. Quebec’s demanding to manage the
administration of funds from the provincial government, once they receive the funds necessary
is based on a decision of the Privy Council dated the 23rd day of November 1920, in the case of
the Attorney General for Quebec Vs the Attorney General for Canada, commonly known as the
Star Chrome Mining Company, as exposed in this letter.
19th December, 1928.
“MEMORANDUM
Honorable Charles Stewart,
The undersigned begs to report on the situation
which has arisen between the Dominion Government represented
by this Department and the Government of the Province of
Quebec. The Province of Quebec has demanded from this De-
partment as custodian of Indian funds a refund to the Province
of a sum which may be estimated as approximately $500,000,00
representing the funds received from sale of Reserve lands
which the Indians had surrendered for sale under the provisions
of the Indian Act. Quebec’s demand is based on a decision of
rd
the Privy Council dated the 23 day of November 1920, in
the case of the Attorney General for Quebec Vs the Attorney
General for Canada, commonly known as the Star Chrome Mining
Company case in which it was held that on the surrender of a
portion of an Indian reserve in the Province of Quebec which
has been set apart under the provisions of the two statutes passed
by the legislature of the Province of Quebec, 13-14 Vic, Chap-
ter 42 and 14-15 Vic., Chapter 106, the Province rather than
the Dominion took the full beneficial interest therein and as
a consequence the proceeds of the sale of such surrendered
portion belonged to the Province, and to get title the pur-
chaser would have to secure a title from the Province rather
than from the Dominion. In pursuance of this Judgment a Pro-
vincial Statute, being Chapter 27, Statute of Quebec 1927,
was passed authorizing the Lieutenant Governor in Council to
recommend the gratuitous insurances of Letters Patent in favor
of purchasers of surrendered agricultural lands provided that
any sum remaining due on the purchase price be paid direct to
the Province. This decision of the Privy Council brought to
the attention of the Department the precarious title of not only
the reserves in Quebec but probably reserves in Ontario, New
Brunswick, Nova Scotia and Prince Edward Island. The question ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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127
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 2/3, The Province of Quebec exposed its opposition to the precedents active in other
Provinces. Page 2
“... affecting the Province of Ontario was important owing to the
extent and value of Indian reserves and the large number of
sales of surrendered Indian reserves lands, the Department
entered into negotiations with Ontario with a view of secur-
ing some agreements by which the Department would have author-
ity to give proper title to reserve lands surrendered for
sale and to apply the proceeds of the sale of such lands
for the benefit of the Indians. As a result of these nego-
th
tiations an Agreement dated the 24 day of March, 1924 was
entered into between the Dominion and the Province with re-
spect to the disposal of Indian reserves lands and minerals
and this Agreement was confirmed by 14-15 Geo.V., Chap. 48
Statutes of Canada and by 14 Geo., V. Chap., 15 Statutes of
Ontario. A copy of the said Agreement is attached. By this
Agreement the Dominion may sell and give title to surrendered
reserve lands within the Province, and apply the proceeds for
the benefit of the Indians. The undersigned was hopeful that
Quebec would readily agree to a like arrangement with the
Dominion and with a view of promoting such an agreement he
visited Quebec last spring in company with the Departmental
Sollicitor to interview the Deputy Attorney General of the
Province. We both thought the interview favorable, but it
now appears that the Province is not disposed to make any
concession but rather insist on its strict legal rights.
If Quebec succeeds in having these funds returned
to the Province it will seriously prejudice the administa-
tion of the Department in the (...) of the Indians who sur-
rendered their lands on the understanding that the proceeds
would be applied for their benefit, and it will. I am disposed
to think be a matter of embarrassment to the Governor itself
for Quebec’s example will in all probability be followed by
New Brunswick, Nova Scotia and Prince Edward Island in making
similar demands. Before therefore the Government is called
upon to provide the funds to meet the demands now made by
Quebec, I should like to urge that an arrangement be made
for the fullest discussion of the situation arising out of
this demand with the Government of Quebec in the hope of
securing an agreement similar to that which was secured with
the Province of Ontario. The Dominion is, I take it, liable
for all funds spent on Indians from the proceeds of the sales,
and this will amount to a considerable sum which must be pro-
vided by Parliament. The Province is more concerned even...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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128
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 3/3 concluding
Page 3: conclusion
“...that the Dominion that lands not required by the Indians
should be thrown open for settlement but if the letter of
the judgment be insisted upon the result will be that this
Department will be unable to arrange with the Indians for
any surrenders of their property, and settlement of the
Province in certain localities will be effectively blocked.
I may say that the communication from Quebec
Government asking for these funds is at present before the
Deputy Minister of Justice for consideration.
Duncan Scott,
Deputy General”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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129
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 90 On December 21, 1928, Charles Stewart exposed to Duncan Scott that it would be
appropriate to make the Ontario and Maritimes decisions to render lands back to the Natives a
precedent in Quebec as well.
Ottawa, December 21, 1928
“MEMORANDUM
th
I have your memorandum of the 19
instant, reporting on the situation which has arisen between
the Dominion Government and the Government of the Province
of Quebec. I have read your memorandum with considerable
interest, and I think it should be well for you to continue to
try and arrange a settlement on similar lines to that of the
agreement between Ontario and the Federal Government with
respect to these Indian Reserves.
I think it would be well to stress the
point mentioned in your memorandum, that this would certainly
put an end to the surrender of any more Indian lands if the
Quebec Government insists on the payment of the amount mentioned
in their report.
Charles Stewart
Superintendent General”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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130
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 91-92 (letter 1/2) Letter from 1 March 1929 from Prime Minister of Quebec, Taschereau
in an attempt to give his conditions in order to gain an interest rate from the Federal.
Page 1/2
March 1st, 1929
“Dear Sir,
Indian Reserves in the Province of Quebec.
Since the receipt of the letter from
Mr. Charles Lanctot, Deputy Attorney General, dated
September 29th, I have made representations to the
Honorable the Superintendent General that the question
should be discussed again with your personally, I
pointed out to the Minister that no transfer of Indian
funds in the custody of the Department could take
place without the authority of His Excellency in
Council, and the Minister directed me to take the
first opportunity of laying the matter before you.
This Department does not question the
legal position of the Province of Quebec in asking
an accounting for the monies received from the sale
of Indian lands and is quite prepared to meet the
conditions imposed by the judgement. The decision of
the Privy Council set up exactly the same conditions
in the province of Ontario and this Department was
enabled to obtain an agreement with the Province of
Ontario which was confirmed by statute. By this
agreement the Dominion may sell and give title to
surrendered reserve lands in the Province and apply
the proceeds for the benefits of the Indians and in
all respects deal with Indian Reserves under the
provisions of the Indian Act. Provision was also
made for the validation of patents issued by this
Department previous and subsequent to the agreement.
...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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131
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 91-92 (letter 2/2) Letter from 1 March 1929 from Prime Minister of Quebec, Taschereau
in an attempt to give his conditions in order to gain an interest rate from the Federal.
Page 2/2
“The ultimate interest of the Province is fully protected
by the agreement and it is provided that when an Indian
band become extinct the monies and lands formerly the
property of such band, remaining in the custody of the
Department, shall be returned to the Province.
The values in Indian reserves in the
Province of Ontario exceed those in the Province of
Quebec and we are still hopeful that Quebec will grant
like terms to the Dominion for the benefit of the
Indians. What the Dominion asks is that the Province
shall not take from the Indians monies received
from the sale of these lands and shall give the Indians
the full use under a statutory agreement of the reserve
lands se apart for them, which area considering the
extent of the Province, is negligible. The funds in
hand and in prospect in comparison to the wealth of the
Province may also be considered relatively unimportant.
If the Province still wishes to take
the legal position it follows that this Department will not
be able to ask the Indians for any surrenders of land,
and from our standpoint, it is not considered that such
a position of affairs be in the interests of the
development of localities adjacent to Indian Reserves.
I would most respectfully ask for further consideration,
Yours faithfully,
Ho. L.A. Taschereau,
Prime Minister and Attorney General,
Quebec, Que.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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132
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 93 Letter from 11th March 1929 from R.A. Valin from Department of Lands and Forests of
Quebec.
“Ottawa, 11th March 1929
Sir, In connection with my interview to-day with
Mr. J.D. McLean, Acting as Deputy Superintendent General of
Indian Affairs, I beg to request the Department to send the
three blueprints of each of the Indian reserves in the
Province of Quebec, including all lands which have been
sold, and subdivisions where possible.
Yours truly,
R.A. Valin
Dept des Terres Forêts (of Lands and Forests)
Quebec.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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133
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 94, Doncaster
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134
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 95 Letter of A.F. Mackenzie, acting as Assistant Deputy and Secretary of Indian Affairs to
R.A. Valin from Department of Lands and Forests of Quebec, March 16th, 1929.
Ottawa, 16th March 1929
“Sir,
In response
To your verbal request of the 11th instant, I beg to say there
has been sent under separate cover in three rolls, three
blueprints of each of the following Indian reserves,-
√Bersimis √Doncaster
√Escoumins √Ouiatchouans
√Becancour √ Crespeiul
√Coleraine √Pierreville
√Caughnawaga √Durham lands
√Lorette √Restigouche
√Quarante Arpents √Seven Islands
√Rocmont √St. Regis
√Maria √Temiskaming
√Maniwaki √Viger
√Weymontachi √ Whitworth
√Coucoucahe √Cacouna
√Manuan
The portions as coloured show all the lands in the several
reserves dealt with by this Department, including the portions
which have been surrendered and sold.
Your obedient servant
(A.F. MacKenzie)
Act. Asst. Deputy and Secretary.”
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135
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 96 Letter of Gustave Clodomir C Piché, Chief of Forestry Service, Quebec, from
Department of Lands and Forests Quebec to A.F. Mackenzie, acting as Assistant Deputy and
Secretary of Indian Affairs, from March 21st 1929.
“Quebec, March 21st, 1929.
Sir,
We beg to acknowledge receipt and thank you for the sending
of three blueprints of each of the following Indians Reserves to our
Mr. Valin, vix: - Bersimis, Escoumins, Becancour, Coleraine, Lorette,
Caughnawaga, Quarante-Arpents, Rocmont, Maria, Maniwaki,
Weymontachinque, Coucoucache, Manuan, Doncaster, Ouiatchouan,
Crespieul, Pierreville,
Durham Lands, Restigouche, Seven-Islands, St. Regis, Timiskaming, Viger,
Withworth and Cacouna.
Yours truly
G.C. Piché
Chief Forestry Services.”
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136
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 115 (page 1/3) (Page 118-119-120 are copies of the same letter)
Letter of Prime Minister of Quebec, Louis Alexandre Taschereau to Hughes Guthrie Minister of
Justice, exposing a position similar as the squatters earlier, September 1930.
Page 1/3
(Copy)
“Department of the Attorney General
Quebec
Duplicate
Quebec, September 1930
The Hon. Hugh Guthrie, K.C.,
Minister of Justice,
Ottawa.
The Star Chrome Mining Company.
Sir,
I have had under consideration your letter
of August 13th, 1930, addressed to the Deputy Attorney
General respecting the accounting by the Dominion for
the proceeds of the sale of surrendered portions of
Indian Reserves and the continuation of the negotiations
to bring about an agreement between our two governments,
similar in effect to the one concluded between Canada and
several of the other provinces with respect to the control
and sale of lands in these partly surrendered Indian
Reserves and the use of the proceeds of the sale of these
lands.
We are of course in accord as to the pro-
prietary rights in these abandoned reserves being vested
in the Province and as to the effect of the judgment in
the above mentioned case. This was the view expressed by
the Deputy Superintendent General of Indian Affairs when
he met us in Quebec and this is the view in which your
letter concurs.
The sum collected by the Dominion as a
result of the sale of these lands can hardly be called
a paltry one; it is a substantial one amounting in fact
.....”
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137
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
P 116 (page 2/3) (Page 118-119-120 are copies of the same letter)
Letter of Prime Minister of Quebec, Louis Alexandre Taschereau to Hughes Guthrie Minister of
Justice, exposing a position similar as the squatters earlier, September 1930.
Page 2/3
“... up to November 15th, 1927 to $367,771.32 in capital,
and $35,194.64 in interest. We do not see how the
Province can be called upon to abandon this claim.
The care and maintenance of the Indians constitute a
charge on the Federal Exchequer and the Province should
not be called upon to reimburse what is expended in this
connection.
It seems to us a therefore that these amounts
should be turned over to the Province as asked in our
letter of the 29th April, last.
As regards the application to this Province
of the system established by agreements between your
government and Ontario, Manitoba, Saskatchewan, Alberta
and British Columbia, I must say that we are not prepared
to accept it. What exists in other provinces under
the agreements is tantamount40 to the denial of our rights
as recognized by the judgement in the Star Chrome case and
we feel that we should not be justified in acceding to the
suggestion that we should enter into a similar agreement.
The matter has been under consideration for a
number of years, it has not really been the subject of
negotiations for our position has always been plain and
there has only been a request by the Department of Indian
Affairs that the Province should give up the rights,
though of course I promised to consider the representations
made by the Deputy Superintendent General of Indian Affairs.
I think, under the circumstances, our
admitted claim should now be settled without further delay.
This would seem to be more advantageous for the Dominion
....”
40
Tantamount: means, equivalent in seriousness
to; virtually the same as.
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138
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 117 (page 3/3) (Page 118-119-120 are copies of the same letter)
Letter of Prime Minister of Quebec, Louis Alexandre Taschereau to Hughes Guthrie Minister of
Justice, exposing a position similar as the squatters earlier, September 1930.
Page 3/3
“... as interest is continuing to run. With this however
the province is not concerned any more than with the
formalities you refer to as being requisite for the
Dominion to discharge its obligations.
Yours very truly,
(sgd)
L.A. Taschereau”
Page 121, Letter of April 19, 1932, Taschereau maintains his position no agreeing to cease to
possession of lands.
Then, on page 139 to 144, on May 12, 1932, the Minister stays on his position, that the
precedent that occured in other provinces had its jurisdiction in Quebec as well.
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139
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
On page 146, the amounts requested are exposed to Taschereau:
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140
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 160-162 / Page 160 In a letter entitled “Claims of the Province of Quebec for payment of
monies received from the sale of surrendered Indian lands in that Province.”, from the
Superintendent General, J.C. Caldwell director of Lands and Timber Branch, to A.S” William
the acting deputy, Superintendent General (on behalf of (T.G. Murphy) cites that Quebec is the
only province reluctant to follow the Star Chrome decision, the precedent in this matter.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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141
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 160
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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142
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 161: Quebec’s reluctance to submit to the precedents in Ontario
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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143
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Quebec’s reluctance to submit to the precedents in Ontario
“The Province of Quebec is the only province in the Dominion demanding a settlement in full on
the basis of the Star Chrome decision and over a period of years this Department has
unsuccessfully endeavoured to bring about an agreement similar to the one in different effect
with the Province of Ontario.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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144
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 170-171 In a letter from Hugh Guthrie, E.C., Minister of Justice to Superintendent General
Thomas J. Murphy on May 18, 1932, he exposes the importance to put the emphasis on the
amount expected from the Provincial responsibles in Quebec, Prime Minister Taschereau.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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145
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 171
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146
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 172 In a copy of the letter from Superintendent General Thomas J. Murphy to Hugh
Guthrie, E.C., Minister of Justice on May 18, 1932, he exposes the importance to put the
emphasis on the amount expected from the Provincial responsibles in Quebec, Prime Minister
Taschereau.
Thomas Murphy enclosed a memorandum “
“MINISTER OF THE INTERIOR
CANADA
Ottawa, May 18, 1932
My Dear Colleague,
I discussed with your Deputy, Mr. Edwards, a few
days ago to claim the Honourable Mr. Taschereau, on behalf of the
Province of Quebec, for the payment of all monies received by the
Dominion Government from the sale of surrendered Indian lands in that
Province, the claim being based on the judgment of the Privy Council
in 1920 in what is known as the Star Chrome Mining Company case.
I am enclosing, herewith, a memorandum dealing with
the history of the cases and a recommendation to Council providing
for the payment to the Province of Quebec of the amount which, in the opinion
of the department of Indian Affairs -, ans, I believe, concurred in by your
Department- the Dominion Government properly owes to the Province.
As the Prime Minister is anxious that this matter
be dealt with at once, I should like to have your opinion some time
during the day as to what amount may properly be held as owing to the
Province of Quebec by the Dominion Government in respect of the judgment
of the Privy Council in the Star Chrome Mining Company case. Further,
I should like you to advise me how, and in what manner, such monies can
be paid to the Province. If the recommendation to Council is not in
order, would you kindly have your officers draft one which will be in
accordance with your judgment.”
The letter ends by asking:
“With your reply, will you be good enough to
return the enclosed document
Sgd Thomas G. Murphy”
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147
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 173 The enclosed document was an account of Statement with respect to surrendered
lands in the Province of Quebec.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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148
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 174 The enclosed document was an account of Statement with respect to surrendered
lands in the Province of Quebec.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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149
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 175 The enclosed document was an account of Statement with respect to surrendered
lands in the Province of Quebec.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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150
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 176 Balance in Trust Fund Accounts – Province of Quebec, November 15th, 1927.
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151
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 177 Balance in Trust Fund Accounts – Province of Quebec, November 15th, 1927.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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152
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 188 Final adjustments: ruling and management by province and mining rules for all
provinces, confirming the application of the precedent or Stare Decisi, the Chrome precedent of
1924 in Ontario.
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153
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 191, 194, 195, Consequences in the province of Quebec and Doncaster
Page 194 Letter-Memorandum of February 9, 1933 of Harold Wigmore McGill to Thomas
Gerow Murphy, Superintendent General on Indian Affairs. PC. Wigmore McGill served in the
Legislature for just over two years before vacating his seat. He was appointed as
Superintendent-General of Indian Affairs in Ottawa.
“February 9th 1933.
Memorandum
Hon, Thomas G. Murphy-
I am attaching a memorandum directed
to me by Mr, Caldwell with reference to the Doncaster
Indian Reserve, Quebec.
It is perfectly obvious that until
the position of the Department and the Province
of Quebec of fully decided in respect to surrendered
Indian lands, the Department would not be justified
in sanctioning a surrender even if the consent of
the Indians were obtained, and this letter is a very
remote contingency when we consider that the proceeds
of any such surrender would go, not to the Indians,
but to the Province of Quebec.”
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154
HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR
INDIANS OF THE PROVINCE OF QUEBEC.1853-1934, Microfilm reel C-11224, Surrenders following the Star Chrome Jurisdiction
Page 195 Letter-Memorandum of February 9, 1933 of Harold Wigmore McGill to Thomas
Gerow Murphy, Superintendent General on Indian Affairs.
“February 9th 1933.
Memorandum
Hon, Thomas G. Murphy-
I am attaching a memorandum directed
to me by Mr, Caldwell with reference to the Doncaster
Indian Reserve, Quebec.
It is perfectly obvious that until
the position of the Department and the Province
of Quebec of fully decided in respect to surrendered
Indian lands, the Department would not be justified
in sanctioning a surrender even if the consent of
the Indians were obtained, and this letter is a very
remote contingency when we consider that the proceeds
of any such surrender would go, not to the Indians,
but to the Province of Quebec.”
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155
Chapter 3: Petitions from Squatters and Mayor of Ste. Lucie
claiming lands 1873-1890 41
Exposed the litigious position of the Province of Quebec and the Governor General and several
Ministerial instances after petitions received from the mayor of Ste Lucie and squatters, from
1873 to 1890.
The petition cited the dates from 18 July and September 20, started in these terms, from the
commissioner of Crown Lands, Pierre-Etienne Fortin from Quebec, on the 13th September 1873.
Then, an answer from the commissary of Crown land Departments of Quebec in a letter from
September 24, 1873 to Fortin that Indian land in Durham be brought into market.
Then on October 30 & November 3, 1873 a letter from Court Crown Lands suggesting that
Indians consent be obtained to its subdivision & sale.”
Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing the
creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
On June 15 1873, E.A. Meredith, Deputy of the Minister of the Interior wrote a briefing of the
Doncaster’s Indian Reserve’s history, attested the “Indian Branch August 11, 1874 by L.
Vankoughnet DSGIA (Deputy Superint. Gen. of Ind. Affs)”
Then, Noé Forget – Mayor, Ste Lucie Doncaster, sent a letter to the Secretary of State on 10/11
July 1890, Ottawa citing a Petition from the inhabitants of the Parish of the Ste Lucie Doncaster
for the survey and certain Indian lands
41
Source mainly used for this Chapter: CAUGHNAWAGA AGENCY - PETITION FROM THE INDIAN OF STE
LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE.1873-1890, LAC,
MIKAN no. 2062876, reel C-11234, (49 items), RG10. Volume/box number: 2425. File number: 107,786.
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156
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 1 Noé Forget – Mayor, Ste Lucie Doncaster, Intro Secretary of State 10/11 July 1890,
Ottawa Petition from the inhabitants of the Parish of the Ste Lucie Doncaster for the survey and
certain Indian lands.
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157
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 2-3 The petition cited the dates from 18 July and 20 September 20 1873, started in these
terms, from the commissioner of Crown Lands, Pierre-Etienne Fortin from Quebec, on the 13th
September 1873:
“Sir,
As it appears that the Indian
Reserve in the township of Doncaster
is not occupied by any Indian,
nor likely to be so, and as it is
important in view of the progress
of settlement in the said township
that this block of land should
be offered for sale to actual
and intending settlers, I have
the honor to propose that it be
transferred to the government
of this province in exchange
for an equal area of land in
another locality better suited to
the...”
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158
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 2-3 The petition cited the dates from 18 July and 20 September 20 1873, started in these
terms, from the commissioner of Crown Lands, Pierre-Etienne Fortin from Quebec, on the 13th
“...the needs of the Indians or
in case such an exchange
cannot be made, I have the
Honor to suggest that the land
in question be offered for
sale by your Department.
I Have the honor to be,
Sir,
Your obedient servant
P Fortin,(signed),
Commissioner of Crown Lands,”
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159
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 4 Crown Lands Department, Sept, 13/17 P.2 (unreadable)
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160
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 5-6 Then, an answer to Pierre-Etienne Fortin, Commissioner of Crown Lands, from Quebec
his Superior Instance in a letter from September 24, 1873 exposing that Indian land in Durham
be brought into market:
“To the Honorable P. Fortin,
Sir,
I have the honor
to acknowledge the
receipt of your
letter of the 13th,
and in reply to state that
the Reserve in
the township of
Doncaster is the
property of the
Iroquois of the
Lake of Two
Mountains and
of Caughnawaga
and according
to the 6th section
of the “set 31 Vic
Cap 42”, in order
to admit of its
disposal, it would...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
161
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 5-6 Then, an answer to Pierre-Etienne Fortin, Commissioner of Crown Lands, from Quebec
his Superior Instance in a letter from September 24, 1873 exposing that Indian land in Durham
be brought into market:
“... would require
their concurrence
therein, in order
to admit of its
disposal
If a definite proposition, such
as it would be in
the interest of the
Indians to accepts,
be forwarded
to the Superior General
of Indian Affairs
it could then be
submitted to the
Indians for their
consideration.
The Indian reserve
in question is
as present under
timber license.
I have the h to b. Y. O. S.”
(I have the honor to be your obedient
servant)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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162
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 7-8 Then, from the Department of the Interior, from November 3, 1873:
“Quebec, 10th October 1873
Sir,
As colonisation is progressing
rapidly in that part of the province
of Quebec in which the Indian
reserve is a township of Doncaster is
comprised, and as it is very
difficult to prevent settlers from
squatting on the said reserve, which
seems moreover to be of no great ability
to the Iroquois of the Lake of Two
Mountains, I “deserve” to suggest that
the necessary steps be taken by the
proper authorities to procure the consent
of the Indians to the subdivision of
the tract in question, and to the sale of
lots to actual settlers, the price of the
land “reverting” to the Indians: in a word,
...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
163
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 7-8 Then, from the Department of the Interior, from November 3, 1873:
“... to take respecting this reserve the
same measures that were adopted
for that of Ouiatchouan Lake
St-John, which is open to colonization.
I have the Honor to be, Sir, Your obedient
servant
P. Fortin, Commissioner of Crown lands.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
164
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 9 The following document from the same file archived at Library and Archives Canada in
regard to these correspondences was a simple note in which was written: “October 30 &
November 3, 1873 letter from Court Crown Lands suggesting that Indians consent be obtained
to its subdivision & sale.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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165
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 10 Draft: From the Superior of P. Fortin, Commissioner of Crown Land, Quebec,
December 29, 1873, p.2.
December 29, 1873.
“Sir,
Referring to
your letter of the 30th
of Oct last, I have
the honor to inform
you that is has been
decided to renew the
timber licence to lmtd
C Mcfers Cuching Bros
Concerning the Doncaster
Indian reserve for the current
Season to the 30th
of April 1874. For the
msundertanding
that should the
Limit in question
not be worked during
that term the Licence will not be again
renewed –or...
Further instructions have
been sent to the acting
agent for that reactive
to warn all squatters
or intending squatters
that there will be
summariz ... (unreadable)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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166
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 11 Acknowledgment-Memo of December 22, 1873.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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167
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 12-13 Then, it was followed by a letter from the superior of C.E. Belle, Esquire, Crown
Timber Agent, Montreal, who answered on October 4, 1873:
“Sir,
In further references
to your letter of the
30th (October ), reporting
that Mcphers Couching
Bros have failed to
furnish a statement of
their timber operations
during last winter
upon the Indian reserve
lands in the township
of Doncaster, I have the
request that you
will visit that place
or, if unable to do s
o personally, that
you will employ some
reliable person to do
and ascertain whether
any, and if any, what,
timber or saw lodge were
cut there “dewing” last
season: by whom
cut the “description” & quantity
so cut; and whether
removed, or still on
the reserve, or, en route,
when reporting the
above...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
168
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 12-13 Then, it was followed by a letter from C.E. Belle, Esquire, Crown Timber Agent,
Montreal, who answered on October 4, 1873:
“...the above particulars to
this office, you will
please state if you
issued a permit, or
permits this season
for the removal of
timber or sawlogs from
the Reserve.
I am, S. Y. O. S. (I am Sir, Your Obedient
Servant)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
169
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 14-15 (page 1/2) Then, it was followed by another draft letter from Crown Timber
Superintendent, to C.E. Belle, Crown Timber Esquire, Montreal, on November 20-21, 1873,
exposing:“ this subject to do so, you will please obtain such as will enable you to supply these
particulars. I have the H. To be
Y.O.S.”
“Sir,
answering to
your letter of the
18th and to my
letter to you of the
13th int., I have
to honour to
request that you
will state what
in your opinion
is the value per
acre of the various
lots within the
Doncaster Indian
reserve:- and if
you are not at
present sufficiently
acquainted in possession
of sufficient informations
on...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
170
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 14-15 (page 2/2) Then, it was followed by another draft letter from Crown Timber
Superintendent, to C.E. Belle, Crown Timber Esquire, Montreal, on November 20-21, 1873,
exposing:“ this subject to do so, you will please obtain such as will enable you to supply these
particulars. I have the H. To be Y.O.S.”
“ ... on this subject
to do so, you will
please obtain
such as will
enable you to
supply these
particulars.
I have the H. To be
S.
Y.O.S.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
171
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 16 In a letter from C.E. Belle, Crown Timber Agent of Timber Office, Montreal, 29
November 1873 to E.A. Meredithe, Deputy of the Minister of the Interior:
“Sir,
In reply to your letter of the 21st inst,
asking my opinion as to the value per acre
of the various soils within the Doncaster
Indian Reserve.
I beg to state that Crown Lots
in the surveyed parts of the Doncaster belonging
to the Province of Quebec, are offered & sold
as a fixed price of Thirty cents per acre,
payable in five yearly instalments.
It would therefore consider that
the Land comprised in the Indian Reserve
not being surrendered and laid out into lots
would not be worth more than Twenty cents
per acres.
I Have the Honor to be
Sir
Your obedient
C.E Belle.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
172
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Pages 17-18-19 From December 10, 1873, from Ottawa, Commissioner of Crown Lands
Page 17-
“Mr
The Commissioner of Crown Lands
for the Province of Quebec has
submitted the proposal that the
Reserve in the township of
Doncaster containing 16,000 acres
set apart under authority” of
the articles 14th & 15th Victoria Capt
106 for the benefit of the
Iroquois Indians of Caughnawaga and the
Lake of Two Mountains
may either be transferred to
the Government of the Province
settlements upon their lands
being substituted for it, or
that it may be disposed of
as Indian lands for actual
Settlers.
The reserve in question
contains a considerable
quantity of good merchantable
timber and a license to cut.”
-Note on the left side: “Approved ... for the
Minister of the Interior.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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173
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Pages 17-18-19 From December 10, 1873, from Ottawa, Commissioner of Crown Lands
Page 18- (Page 18-19 are exposing a license from 1872 for wood floating adapted to high
expenses.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
174
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Pages 17-18-19 From December 10, 1873, from Ottawa, Commissioner of Crown Lands
Page 19-(Page 18-19 are exposing a license from 1872 for wood floating adapted to high
expenses.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
175
Page 18-19 are exposing a license from 1872 for wood floating adapted to high expenses.
ANNEX: The Report of the Commissioner of Crown Lands of the Province of Quebec for the 12
months ended 30th June 1874
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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176
The Report of the Commissioner of Crown Lands of the Province of Quebec for the 12 months
ended 30th June 1874: citing Doncaster and Wexford
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
177
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 20 cites: “Men of the Indian Office relating to the Indian Reserve in the Township of
Doncaster, Province of Quebec.” (Note by Bell, Crown Timber Agent.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
178
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Pages 21 From December 11th 1873, mentioning C.E. Belle, Crown Timber Agent
“File ... 2451 (cashing for paper)
To be returned by chef of State
Mr,
North Am CL (Crown Lands) Belle Crown
Lands Spt Mutual request
from have a statement in
detail of the Timber and
saw logs cut Mssrs Cushling (Mcpherson &
Cushling)
On the ... the Doncaster Indian
Reserve, and ...
Squatters brought down
And their residing on the
Reserve and... also in
...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
179
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Pages 22 From December 12th 1873, repost letter sent to C.E. Belle, Crown Timber Agent from
his higher instance exposing the importance to remove the Squatters, considering the legal
matter incurring.
“No 2457
To C.E. Belle, Esqr
Crown Timber Agent,
Montreal
Dec. 12, 1873
Sir,
I have your request
that you forwarded this
Department met a state-
ment in detail of all
timber saw logs cut
by Messrs Cushling Co,
upon the Doncaster
Ind. Reserve showing
exparated , the quantities
brought down. The Squatters
remaining on the Reserve
also .......in transit
or .... by obstructions
floated the
whole distance ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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180
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 23-24 From December 29th 1873, repost letter to C.E. Belle, Crown Timber Agent from his
higher instance exposing the importance to remove the Squatters, considering the legal matter
incurring.
“Sir,
Referring to
your letter of the
29th Ult, I have
to inforn you
that the acting
Superintendent
General of Indian
Affairs has decided
to renew the Timber
License held by the
Messrs Cushling Company,
the Doncaster Reserve
to the 30 April
1874, upon payments
by that firm of
arrear of ground
rent for the year...
30th of April 1873 and
30th of April 1874
and renewal fees
for both these years
but with the under-
standing that if the
Timber Limit is not
worked...”
Note left corner: “amount by the
$152°° as
shown by the
accompanying account
Current.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
181
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 23-24 From December 29th 1873, repost letter to C.E. Belle, Crown Timber Agent from his
higher instance exposing the importance to remove the Squatters, considering the legal matter
incurring.
“... worked this winter
The License will not
be renewed again,
As it is possible
that Squatters upon
the Reserve may be
attempted, you will
please warn any
parties who may have
squatters, or may in future
squat there and that
they will be expelled
for assessing unauthorized
possession of Indian lands.
I am
Y.O.S.”
In a note below, dated from 29 December 1873:
“Dec. 29, 1832 Messirs Cushing Bros
Lumber Merchant
Gentlemen, I have to inform you that theaction for the
Supt Genl of Indian Affairs upon taking into consideration
the difficulties, with which you have had to contend in
connection with driving your Sawloops down the East
Branch of the North River, has assented to be renewal of
the Lisence covering the Doncaster Timber limit taking
place in your favor to the 30th of April 1873 provided
arrears of ground rent for the year ended 30th April
1873 x They found rent to 30th April 1874 together with
$4.00renewal fees for those two years be paid into Bank
to the credit of the Reg. Genl. An acet of Ind. Funds and
Bank certified tbst (to be sent) forward their Crown
Timber Agent Belle of this Office.
I am
Y.O.S.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
182
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 23-24 (Enlarged) In another paragraph written vertically on the same note from 29 December 1873:
It reads:
“... to the 30th of April 1873 provided
arrears of ground rent for
the year ended 30th April
1873 x They found rent to 30th
April 1874 together with
$4.00 renewal fees for
those two years
be paid into Bank to the
credit of the Reg. Genl.
An acet of Ind. Funds and
Bank certified tbst (to be sent) forward
their Crown Timber Agent Belle
of this Office.
I am
Y.O.S.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
183
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 23-24 (Enlarged) In another paragraph written vertically on the same note from 29 December 1873:
It reads:
Another note in the middle right side margin
exposed:
“Amounts $ 152°°
As presented to
state that if the limit
has not ... during
the present lease, the
lease will not be
again renewed.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
184
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 25-26 (page 1/2)From December 29th 1873, post from C.E. Belle the Crown Surveyor at
Timber Office, to E.A. Meredith, Deputy of the Minister of the Interior. Exposing sum up of the
last year including a flood.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
185
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 25-26 (page 2/2) From December 29th 1873, post from C.E. Belle the Crown Surveyor at
Timber Office, to E.A. Meredith, Deputy of the Minister of the Interior. Exposing sum up of the
last year including a flood.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
186
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 27-28 From 8 May 1874, post from the superior of C.E. Belle the Crown Surveyor at
Timber Office, exposing him the newest updates citing that: “It has been suggested to the
Department that a Sale of the lots land composing the Doncaster Indian Reserve would be
advisable in the interest of settlement, and would not be disadvantage on the Indians.”
“2452 draft
To: C.E. Belle, Esq May 8th, 1874
Cr. Timber Agt
Montreal
P.Q.
Sir,
I have to honor
to request that you
will inform me if
you renewed Messrs
Cushing Bros received
from you a renewal
of their License to the
30th Al (April), concerning
the Timber upon
the Doncaster Indian
Reserve, was autorized which it was stated
in the letter to you of
the 29 Decr (December) last, which
take place upon their
payments arrears of
round rent and of
which proposition that Provin. (Province)
was duly notified by
letter of the same
date. If a renewal
did take place please
advise this office of
the quantity of timber
cut under the same
and the dues paid
durring...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
187
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 27-28 From 8 May 1874, post from the superior of C.E. Belle the Crown Surveyor at
Timber Office, exposing him the newest updates citing that: “It has been suggested to the
Department that a Sale of the lots land composing the Doncaster Indian Reserve would be
advisable in the interest of settlement, and would not be disadvantage on the Indians.”
“...during the past Winter.
It has been
suggested to the Department
that a Sale of the
lots land composing
the Doncaster Indian
Reserve would be
advisable in the
interest of settlement,
and would not
be disadvantage on
the Indians. I
shall be glad to have the benefit of
your opinion
on these points
in order that the Dept
may be assisted
there in the coming to a conclusion
as to the advisability or otherwise
of submitting a proposition
to the Indians to surrender
the land for sale.
I have th H to be
S
Y.O.S. (Your obedient Servant.)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
188
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 29- From March 12th 1874, post from C.E. Belle the Crown Surveyor at Timber Office, to
E.A. Meredith, Deputy of the Minister of the Interior exposing his agreement to selling the
reserve for settlement which could also be advantageous to the Indians.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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189
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 30- From March 12th 1874, post from C.E. Belle the Crown Surveyor at Timber Office, to
E.A. Meredith, Deputy of the Minister of the Interior exposing his agreement to selling the
reserve for settlement which could also be advantageous to the Indians.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
190
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 On the bottom left corner this notice reads as:
“Le” C.E. Belle’s letter of 12 May
1874
M. Belle (the Crown Surveyor at Timber Office)say
that they have
not licensed
a renewal
...
10th November 73
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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191
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 31
“A license covering the timber
upon the reserve was in
the year 1869 issued to Mcphers
Couching Bros of Repentigny
but they declined to renew
last season. Consequently the
licence has issued.”
The commissioner of
Crown lands for the Province
of Quebec has made application
to the Department, to bonis those...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
192
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 32
““Those lands into market and
to sell to actual settlers:-
And upon reference of the
matter to C.E. Belle Esq of the
Crown Timber agent at
Montreal, to his opinion,
(as he has had the Timber
busnies (Business) of the Department
in connection with that Reserve
in his hands) Mr Belle says.
I beg to state that I have no
doubt that if that part of
the Indian reserve in Doncaster
was offered for settlement purpose, that
the same could be easily sold to
settlers; and if the conditions
of sale encre such as to
protest the timber from
being cut as long as the purchase
money would be unpaid
and with the proper care
against the trespassers, the
Indians would certainly
Profit by the sale of their
reserve
Respectfully recommending that ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
193
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 33
On the bottom left corner of the page this note appears:
“?
Lands in Vic. ...
are sold by the
Crown land Dept
for 30 cents per
acre payable in
5 annual instalments
With interest-
The timber on the
Doncaster lands is
of superior quality.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
194
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 33
“...that a proposal to surrender
these lands to be sold for
their benefit be submitted to
the Iroquois Indians residing
at the Lake of Two Mountains
as well as to those of Caughnawaga;
that if they assent a surrender
be obtained from those bands
in accordance with the provisions
if the Act 31 Vic Cap 42 Sec. 8
sub sec. 142 and sec 9; that
a survey of the lands be made
and the land sold to actual ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
195
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 33
“...settlers at the rate of fifty
cents per acres, by an Agent
to be appointed in the vicinity,
who might be compensated
by a percentage of ten percent
and all receipt in any one year
Not exceeding $2000.00 and
two & a half percent on all over
that amount received in any one
year.
Settler not to be allowed
previously to the land being
paid for in full to cut the
timber on their lots for the
purpose of selling it excepting
under...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
196
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 34
“... under license issued by the Agent
to whom the dues shall be
paid in accordance with the
Tariff and the Regulations, and be
credited, as part of the purchase
money, upon the lot upon
which the timber is cut.
Payment for the land to be
made in the proportion of one
fifth of the purchase money
at date of sale, and the balance
in four equal annual instalments
with interest, at 6 percent from
date of sale.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
197
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 31-34 Vankoughenet, Superintendent of Indian Affairs on May 25th, 1874 write exposing
the creation of Doncaster and the “license covering the timber upon the reserve was in the year
1869 issued to Mcphers Couching Bros of Repentigny but they declined to renew last season.
Consequently the licence has issued.”
Page 34
“Patent for any lot not
to issue, until it be proved by
affidavit of two credible
persons, that a house, of the
dimensions at least of 18 x 24
feet, has been built thereon;
and that one fourth of the
quantity of land purchased is
under cultivation and properly
fenced. –
All respectfully submitted.
L. Vankoughenet DSGIA (Deputy
Superintendent General of Indian Affairs)”
Indian Branch, Ottawa, 25 may 1874
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
198
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 35 On June 15 1873, E.A. Meredith, Deputy of the Minister of the Interior wrote: page 1
“Doncaster Indian reserve
The commissioner of Crow Lands
for the Province of Quebec recommends that
with a view to the progress of settlements the
Conceding of about 16,000 acres
Indian reserve in the township of Doncaster
be offered for sale to actual settlers.
As the reserve is not now or soon
likely to be occupied by the Indians and
does not yield there any pecuniary advantages
and as it is difficult to prevent Squatters
from settling on it and plundering it of
its merchantable timber, which would very
much lessen its value, the undersigned
would respectfully recommend that, in
accordance with the recommendation of
the Commissioner of Crown Lands for
the Province of Quebec early steps be
taken to procure the consent of the Indians
for its surrender in order that it may be...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
199
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 36 On June 15 1873, E.A. Meredith, Deputy of the Minister of the Interior wrote: page 2
“be subdivided and sold for their benefits
under the provisions of the vic: cap 42:
Sec 8 and in this view that a proper
person be appointed to assemble the
Indians interested in the Reserve and
to submit the matter for their
consideration
E.A. Meredith,
Deputy of the Minister
of the Interior.”
Approved 15 June 1874
Rinfret
August 12, 1874.
“Respectfully recommends that Mr
de Boucherville who has been sent
to Caughnawaga on official ensigns
be authorized, while there to bring
the matter of surrendering their lands
before the Iroquois of Caughnawaga
and upon his way, houses wards, to bring
the same subject before the Iroquois of...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
200
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 37 On June 15 1873, E.A. Meredith, Deputy of the Minister of the Interior wrote: page 3
“... of the Lake of Two Mountains and if possible,
obtain from them a surrender
of the tract of a plan in question
to be sold for their benefit.
Indian Branch August 11, 1874 L. Vankoughnet DSGIA (Deputy Superint. Gen. of Ind. Affs)”
E.A. Meredith, Deputy of the Minister of the Interior
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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201
ANNEX: From Stanford University Library:
Sessional Papers of the Dominion of Canada, Volume 10; Volume 25, Issue 10, By Canada.
Parliament. 42
42
"Report of the Dominion fishery commission on the fisheries of the province of Ontario, 1893", issued
as vol. 26, no. 7, supplement, Canadian Parliament, 1892, from Stanford University Library.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
202
From Stanford University Library:
Sessional Papers of the Dominion of Canada, Volume 10; Volume 25, Issue 10, By Canada.
Parliament
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
203
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 38 PROPOSAL OF SURRENDER
« J.V. de Boucherville Esq of
Care of JE. R. Pinsonneault Esq
« Mission apart August 15, 1874
Caughnawaga
p.2
Sir,
As is thought advisable to bring
with market and make
a source of profit to
those acres of
the Indians the land
in the township of Doncaster
in the County of Montcalm
p.2 which was set apart
and appropriated under
the Statute 14-15-Vic Cap. 106,
for the Council of the
Iroquois Indians of Caughna-
waga and Lake of Two
Mountains, but has never
been settled on by any of those
Indian. The Supr Genl
of Ind, Affs. desires me
to authorise you to
submit to the Iroquois
of Caughnawaga a proposal
to surrender the land in
question to be disposed of
by the Dept for their benefit.
The money received for the land
will be placed at interest
add to the revenue of this
band. A similar surrender
will also have to be obtained
from the Iroquois of the Lake
of Two Mountains, and you
are...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
204
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
page 38 Note on the left side: (Absolutely speculative)
“#2 at a hunters ...
calles speaking
full purpose, clear
hunting you and by
M Asting Sup. Gen of
Indian Affairs
... & Alter”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
205
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 39: left side
“... are likewise hereby authorised
to submit to those Indians your return trip housewards
a similar proposal.
A tracing of the
map of the Reserve is enclosed with
form of surrender to be executed by the Chiefs of each band
and the necessary affidavits of execution
to be attested by yourself
and one of the principal
chiefs of each Band
before the nearest
resident judge:
you should explain to
the Indians that owing to
the advance of Settlement
in the part of the County
where the reserve in question
lies, it is difficult to
protect the lands from
being squatted on, and
the timber from being pillared and
that it is far more to
their interests to dispose
of the land, than to have
lying idle, and every
year depreciating in value,
as the timber is removed
from it. Ø
A Copy of the last
Indian Act 31 Vic Cap 42 &
32-33 Vic Cap is enclosed
herein for your Guidance.
I am
S (Sir)
Y.O.S. (Your obedient servant)
P.S. the forms of surrender
will be prepared & forwarded
on Monday.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
206
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 39 on the right side:
“Ø Mr Pinsonneault will
be directed to call a special
council of the Caughnawaga
Indians for submission by you of
this matter to them on such
day as you may appoint
name, and you
will please notify the
head Chief of the Iroquois
of the Lake of Two Mountains
of the day you will visit
that place for the same purpose and in the
meantime he will be requested
to summon a special council
to meet you on whatever day you may
name.
“You will be careful to (Speculative transcription)
en note a provision
an expect ...
carried out with “health”
of the proposed surrender.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
207
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 40 (note on top (dfs 2417)
“Grand Chief of the Augs 17th, 1834
Iroquois of the Lake
Of Two Mountains
Oka p.2
Sir,
Some twenty three
years ago Her Majesty
the Queen ordered 16,000
acres of land in the
township of Doncaster in the County of Montreal
in the present Province
of Quebec, to be set apart
for the benefit of her
Majesty’s loving subjects,
the Iroquois of the Two Mountains
and the Iroquois of
the Seigniory of Sault
St. Louis or Caughnawaga
h’s order that should
your people or those of Caughnawaga desire to
take up land for farm for
farming purposes there
on might have an opportunity
to do so. As neither
zero no land has been
taken up for that purpose
and owing to the advance
of settlement, it is now
almost impossible to
present white people from
settling and the land without
authority...”
H
f
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
208
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 41
“...and from stealing the
wood there from it is
thought by the Sup Gen
of Ind Affs that it would be better and
more conductive to your
the interests of your
people to dispose of the
same for the joint benefits
of yourselves and the
Iroquois of Caughnawaga
and it is according an
officer of this Dept
Mr J.V. de Boucherville
propose as been instructed
Ø to submit the properties subjects surrounding the tracts of
lands in question
for the consideration
+I of your people in each
Council and he will
be prepared to take have a
surrender of the said land
from you executed by
yourself and the principal
men of the Iroquois
of the Lake of Two
Mountains should you
be disposed to agree
thereto. The land would
then be surveyed into
lots and sold for
money invested and the
interest thereon would be
periodically divided among
your people, which would
be far better then having it
lying idle and every year
depreciating in value.
I am
Y.O.S.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
209
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 41: note right side
"Ø inform you if the day on
which he will visit your people
in order that you may call a
special Council of the Iroquois
on that day
Mr de Boucherville
who will their.(prepared)”
j
“+I what
he has been acting
Sup Agent of Indian
Affairs Dep Authorized
˂˗attend”
“Mr Butler will please write
A similar letter to this to
The head chief of the
Iroquois Inds of Caughnawaga.”
Thomas John Butler was an Indian Agent
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
210
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 42 Letter of Pinsonneault, Indian Agent suggesting Mohawks to surrender page 1
3
2417 “J.E. Pinsonneault, August 15,
1874
Ind. Agt.
Caughnawaga
Sir,
The actual I.G. of
Ind. Affs. had though
it advisable to submit
to the Iroquois Indians
of Caughnawaga a
proposal to surrender
their interests in the
tract of land in the
Township of Doncaster
set apart for the Indians
benefit of those Ind
& the Iroquois of the
M. of Two Mountains
many years ago but
which has been
used by the Indians of
either Band –with a
view to the land being (cold)
and the money used
cold for the benefit of
those Indians, and as
Mr de B. (Boucherville) of this Dept.
was present of Caughna-
waga and other Ensigned
the Act S.G has authorized
such proposi-
tion to submit to the Indians as a meeting to be
specially called for that
purpose and obtain a
surrender from them of
they will agree to give and (give and or quittance: old
terminology for surrender)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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211
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 43
Letter of Pinsonneault, Indian Agent suggesting Mohawks to surrender, page 2,
Ending with this note
:
“You will accordingly
consult with Mr de B. (Boucherville)
as to the day according-
lee will be prepared
to attend at such meeting,
and you will summon
a special meeting for
the purpose named.
I am”
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212
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 44 17 July 1890, a license ground rent and renewal: account of this license of Timber
“License no.69 Doncaster Indian Reserve
A bonus of $200 has been paid in account of this License & timber ...
to the amount of $683, also $139 for
ground rent and renewal fees
Spruce and Cedar Timber only may
Be cut under this license.
E.H.R.
I.A.O. (Indian Agent Official)”
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213
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Details about Indian Agent Pinsonneault, pages 217-223
The first 2 years of the new Indian Agent Joseph Euclide Rosario Pinsonneault took the place of
Jean Baptiste Delorimier on May 13, 1873. His new career started with his swearing-in ceremony
at the Headquarters entitled - Order in Council recommending the appointment of Joseph E.R.
Pinsonneault as Agent for Caughnawaga and Oka Reserves. 43
The Copy of the report of a committee of the Honorable the PRIVY COUNCIL approved by His
Excellency the Governor General in Council on the 13 of May 1873.
“On a memorandum dated May 5, 1873, from the Honorable Mr Aikins (Senator James Cox
Aikins)acting as Secretary of State for the Province of Quebec recommending the appointment of
Mr Joseph Euclide Rosario Pinsonneault, as Agent for Indian Affairs, in the Seignory of Sault St.
Louis and the Lake of Two Mountains, in the room and place of E.N Delorimier, Esquire ensigned.
The acting Secretary of the State submits that the salary of the Indian Agent shall be $400 per
annum and that he shall ensign at Caughnawaga where the Department will endeavour to
obtain a residence for him.
That this arrangement will offer the required facilities for surprising the sale of liquor without
Licence, and the disposing of it to Indians, of which the chiefs have continually complained. That
43
Eric Pouliot-Thisdale, The Eastern Door, Kahnawake weekly paper, “Pinsonneault: Indian agent for Sault
St. Louis and Two Mountains”, Kahnawake, July 22, 2016.
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214
it will also enable the Agent to prevent Squatters assuming unauthorized possession of Indian
lands; and likewise to detect and punish the cutting of wood without License.
The Committee advise that the above mentioned appointment made as proposed by the acting
Secretary. Certified, Mr Aikins, Secretary.”
Then, on November 8, 1873 Pinsonneault was initiated to do the census of the Two Mountains
population which he sent to his superior, Lawrence Vankoughnet, the Deputy Superintendent
General of Indian Affairs on November 21.
495 people were recorded including:
429 Mohawks:
-those considered as ADULTS, 21 and older, they were 111 males and 96 females.
-those considered as YOUTHS, 12 to 21, they were 33 males and 44 females.
-those considered as CHILDREN, birth to 12, they were 72 males and 73 females.
And 66 Algonquins:
-those considered as ADULTS, 21 and older, they were 25 males and 14 females.
-those considered as YOUTHS , 12 to 21, they were 5 males and 3 females.
-those considered as CHILDREN, birth to 12, they were 15 males and 11 females.
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215
In another document from August 20, 1874, entitled, Caughnawaga Agency - school and census
returns for the Iroquois of Oka and Caughnawaga, one of the first tasks of Pinsonneault, the new
attested Indian Agents were given, starting with a census of the students who were attending
school in both Caughnawaga and Two Mountains.
The document was entitled: “Department of the Interior, Indian Branch, 1874, JEK Pinsonneault,
Indian Agent, Caughnawaga. With school and census returns of the Iroquois of Caughnawaga for
the year ending on 20th of August 1874.”
He recorded the number of students who attended starting with Caughnawaga: “Census Return
of the Iroquois Indians of Caughnawaga made on the 6th of August of 1874.”
A column was entitled TRIBE: where 1485 Mohawk were mentioned, 4 Algonquins and 1 Huron.
For Mohawks;
-those considered as ADULTS, 21 and older, they were 364 males and 423 females.
-those considered as YOUTHS, 12 to 21, they were 119 males and 91 females.
-those considered as CHILDREN, birth to 12, they were 241 males and 247 females.
For Algonquins:
2 men and 1 woman were 21 and older and 1 male child below 12 were recorded.
Also 1 Huron, a woman 21 and older.
In the last column for Remarks, it is written: “Recognized by the Chiefs”.
By comparing it with the 1871 census who counted 1438 Mohawks;
-462 were 12 years old and below: 243 were men, 219 women.
-101 were 12 to 21: 52 were men, 49 women
-167 were 22 and older: 77 were men, 90 were women.
At the bottom below, Pinsonneault wrote: “In a subsequent Return in file 3778, the total
numbers given are 1557, on account of several having in the meantime, come home from
voyaging.” Since many of them which were then in Circus shows and in hunting trips.
Another note below mentioned: “Subsequent return 54, second remark on Caughnawaga
returns (over).”
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216
In another Report, not by Pinsonneault but, by the Superintendent of Education for Lower
Canada, included a sub-report from the Laval Normal School for the scholastic 1870-71, from the
Minister of Public Instruction, a chapter entitled “Extracts from Reports of Schools, managed
from 1869-70”, from Inspector Delage, was exposing the population of “pupils attending school”
in the County of Laprairie which he described as: “The school of this village is a mixed school
under the charge of Mr E.R.A. Fletcher and his wife. It is attended by 173 ‘pupils, all young
Indians, descendants of the Iroquois. Very little progress made, notwithstanding the zeal and
devotedness of the teachers.”44
For the Two Mountains 1874 census, his updates were:
415 Mohawk people were registered, on the 6th of August as well.
-those considered as ADULTS, 21 and older, they were 105 males and 96 females.
-those considered as YOUTHS , 12 to 21, they were 33 males and 44 females.
-those considered as CHILDREN, birth to 12, they were 66 males and 71 females.
Also here of course, the Algonquins were mentioned, 71 people as:
-those considered as ADULTS, 21 and older, they were 20 males and 20 females.
-those considered as YOUTHS, 12 to 21, they were 3 males and 3 females.
-those considered as CHILDREN, birth to 12, they were 15 males and 10 females.
After 1851, most Algonquins left to Kitigan Zibi, AKA Desert River, where 60% of the Algonquins
and several Nipissings moved.
44
Report of the Superintendent of Education for Lower Canada, a report from the Laval Normal School for
the scholastic 1870-71, from the Minister of Public Instruction, a chapter entitled “Extracts from Reports
of Schools, managed from 1869-70”, From University of Michigan.
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217
In comparison, here is the 1871 census analysis of the Two Mountains-Kanesatake showed 409
people:
-136 were 12 years old and below: 62 men, 74 women
-100 were 12 to 21: 54 men, 46 women
-173 were 21 and older: 75 men, 88 women
The first part was exposed only 2 persons: the School responsibles; E.R.A. Fletcher and Catherine
Fletcher. It was actually made before the other censuses mentioned who were conducted on
August 6th, this one was made on June 30th, 1874. He received $250 and his wife Catherine
$100. Also another column details the gender of their students, exposing 102 boys and 43 girls.
It ended with this last page were Pinsonneault wrote: “I must tell you that this number of
residents of those who are recognised by the Tribes, by the Chiefs, and I hope that you will find
this census in order. I am Sir, Your Obediant Servant JCR Pinsonneault, Indian Agent,”
An article, from The Montreal Herald newspaper of July 16, 1874 was added to the census and
cited: “The yearly examination of the pupils of the Caughnawaga Indians school took place
yesterday which created no little excitements in the village. The Indians are by no means without
intellect, [...]. Much credit is due to the Teacher Mr E.R.A. Fletcher for the interest he has shown
in his labors among the Iroquois Indians of Caughnawaga.”
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218
From October 29 to November 2, 1875, Pinsonneault was now more experienced. He was
contracted to prepare the “List of distribution to Indians of the Lake of Two Mountains for Fall of
1875. $2.” from the collection entitled: CAUGHNAWAGA AGENCY - Oka Reserve - Agent J.E.R.
Pinsonneault sending the list of distribution monies
It started with the “Money distribution to the Two Mountains (Oka) Savages, by the Agent J.E.
Pinsonneault, October 28, 1875. List of family (48) chiefs who received the amounts of money for
them and their family: under the Roman Catholic denomination: Pinsonneault conducted it with
Francis Moore for the Catholic population.” The total of the sums allowed to each: $0.24
Amount given to the family: $55.92.
On the last column the censor Pinsonneault wrote: “I Subsigned, recognise having received the
amount of money to give to those with the names written on the same line he signed.”
Laurent Dicaire 1,92 Thomas Anetenre 0,96
Pierre Dicaire 2,54 Basil Gareau1,20
Charlie Mikon 2,16 Andre Tchonatahen 0,96
Pierre Toronhioton 1, 68 Jean Baptiste Lakop 2,16
Catherine Kakwirishon 0,72 Pierre Thaisakentise 1,68
Marie Sose Chako, 1,20 Ignace Sohenrese, 1,44
Louis Sotsienhawane (or Sotsienhawane) 0,48 Louis Nikarontera, 20
Marie Kawennahere 0,48 Michel Tesowennatson 1,68
Angelique Karontiaronkaras 0,48
Ignace Atinnion 1,20 Francois Jako 0,96
Bernard Atiatonenti 0,48 Annes Tetiotkon 1,44
Hyacinthe Kentarontie 1,68 Marie Kanonkwasson 0,96
Michel Thiorakaron 1,20 Francois Marry 2,20
Pierre Jenki 1,44 Rene Ahonhiawente 0,72
Louis Tawente 1,20 Kristine Canard Blanc 0,96
Jacques Teshonarenion 0,96 Martin Kasennakenha 1,68
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219
Elisabeth Kanenharentha 0,96 Caroline Kawennotas 0,49
Simon Mikons 0,44 Thires Ottawa 0,24
Osabikwi 0,24 Basil Mary 2,16
F. Mochaki 1,68 Jacques Mary 0,72
Martin Nonsawenrat 0,44 Antoine René 1,20
Catherine Thahonwentsoren 1,20 Hustache Soteriioskon 0,72
Martin Kaianerensta 1,20 Brigitte Chawen 0,24
Amable Catiee 0,72 Karastik Kariwaiiens 0,96
Vincent Kapeia 1,20 Soasin Onenharakete 0,44
L. Kanenrakenhiate 1,26 S. Tehotinatake 2,20
J. Awennakenrat 2, 94 S. Shotsitsiowane 3.36
L. Aronhienens 0,84 S. Kontiti 2.10
R. Aionwahes 3,78 S. Tekaonwaren 1,68
At. Katsitenriio 2,10 R. Karenhotase 2,52
L Akwirente 1,26 At. Sokakenrie 2,52
S. Karonhakwen 2,94 H. Karenhaton 0,84
L. Tehoronhiannsen 3,36 B. Tsiakenriio 1,68
L. Satawennonten 1,26 At. Tewaennonsen 1,68
S. Katsienhianton 3,36 S. Sakowaes 1,26
M. Taronhiawakon 3,78 L. Mikon 1,68
N. Tekanatoken 5,46 G. Anonwatekha 1,68
S. Tawensete 1,26 At. Shononsese 1,68
S. Anaietta 1,26 S. Tiahokatte 2,94
W. Takerihonti 1,68 Al. Sahensatta 1,68
At. Aronhiakete 1,26 E. Kaienkwire 2,52
J. Kanenharinton 3,78 N. Skaionweio o,84
P. Teiokerensere 1,68
S. Tehotakeraton 1,68 P. Haheroskon 3,78
W. Sokowentetta 1.26 Ch. Kapeya 2,10
P. Taratiron 1,68 J. Tianetorens 2,52
F. Tatenstra 1,68 L. Sakowenniake 2,94
J. Tonniontakwen 2,10 W. Kaeroton 1,26
S. Tsiseraken 1,68 Th. Katsitsiawaks 1,26
P. Waniente 1,68 W. Onwakerha 1,26
W. Shoriwaenton 1,26 R. Kwenhentense 1,26
J. Shorihawane 1,26 L. Taiohawis 0,85
S. Awenharison 0,84 O. Katenies 1,26
P. Kariwiio 1,68 M. Akwiraes 1,26
B. Konstaiesron 1,68 A. Skanaie 0,84
M. Wisken 1,68 K. Kanakweiiosta 1,68
P. Karatoron 1,68 S. Taiokenniate 1,26
A. Karenhon 2,94 A. Karonhiaronkwas 0,84
S. Kwanerataienni 1,68 M. Tekonwatontie 0,84
S. Sakorakaronko 0,84
Tehanakorens 2,52
C. Sennaiewas 1,68
B. Katsitsientha 0,84
M. Katsirakeron, 1,84
M. Thoronhiawakons 1,26 B. Anetawasks 0,42
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220
The second and last list was entitled: “List of (72) family chiefs who received the amounts of
money for them and their family: under the Methodist denomination: Conducted by
Pinsonneault with Joseph Onasakenrat for the Methodist population.”
The sums allowed to the Methodists was bigger considering their large population compared to
Catholics: Jos Onasakenrat 2,25
Total of the sums allowed to each: $0.42 Amount given to the family: $144.06
It ended with a letter sent from Pinsonneault to the Minister of Interior at Indian Affairs, Mr
David Laird:
“Caughnawaga, October 29 1875,
Sir, I have the honor to enclose
lists of distribution of money
and blankets which made on
the 28th to the Lake of Two
Mountains Indians, and I beg
to state that I retained the money
of five Indian families of that
place whose names are inscribed
in the list of indians under the
Methodist denomination.
I did so because those families
had left there, and it was uncertain
whether or not they will return.
These are the names of the
heads of five families, and
their number-Total are
due t them $13, 44 which I shall
pay to them if they return.”
The list went as:
L. Tehoweiakenrat 3,78 S. Kwanerataienni 1,68
J. Tanetorens 2,52 P. Tahenekorens 2,52
L. Sakowenniake 2,94
Total of the sums allowed to each: $0.48 Amount given to the family: $13.44.
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221
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 45 17 July 1890
“Corres br (Correspondence brought) ack to Mayor Forget
And other signers the receipt
-through the Dept of Stats for
Petition praying that measures
may be taken for the settlement
of the Indian reserve in the
Township of Doncaster say
that the petition will be
card before the supplier
on this return to Ottawa
from Wm he is now absent (William Stewart)
say further that the
statement embodied in
the petition that the
Reserve bruise in cause
to the Indians and
that the timber is
being plundered is
incorrect because
the reserve is
under access
and the lands
derive oo very...”
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222
Another correspondence from May 26-28, 1890
The colonization plan of Doncaster then reached a peak, presented in a letter titled “Enclosing a
petition signed by the inhabitants of Doncaster asking the abolition of subdivision of the Indian
Reserve in Doncaster,” the Department of Crown Lands on May 26-28, 1890 replies about a
request from the Priest Lajeunesse from Ste-Lucie in the County of Doncaster, requesting, in the
name of the citizens of the parish, the abolition of the subdivision of the “reserve of Savages” in
Doncaster.
“Request to the Honorable Commissary of Lands, relative to the reserve in Doncaster Canton.
Honorable Sir,
We subsigned, livings in the Canton of Doncaster are asking humbly for you to use all your
influence to make disappear the reserve of savages in our Canton and to survey all the land.
This reserve is containing a huge number of excellent lands proper to agriculture situated in the
middle of lands owned by French-Canadians population close to our village, and it is being
looked as an anomaly which all would like to see disappear. Besides, it cannot be of any utilities
for the savages who will never come, since the wild games are lacking.
Also, this territory is now being victim of pillage from all sides, the wood is stolen. Also the
quickest it will be surveyed, less damages will be recurred. We are finding that the Doncaster
reserve is a great obstacle in the development of the colonisation of our locality.
Our municipality is tightened and is suffering since this reserve is containing the third of the
Canton. So for this reason, Honorable Sir, we are hoping that you will welcome our request and
we won’t stop praying for Ste-Lucie of Doncaster.
May 26 1890
Signed (12 people signed)
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Page 46
Letter of 17 July 1890 1st page
Page 107 786 Return to Correspondence Branch
Noe Forget, Esq
Mayor
Ste Lucie de Doncaster
P.2
July 19, 1890
“Sir,
With reference to
the petition of yourself
and others of date the
6th inst, addresses to Her
Excellency the G.G. (Governor General) in Council
And which has been transferred to his
Depart, for action praying
of the Indian reserve
In the township of
Doncaster, I have to
inform you that the
same will be laid
before the Supr Genl
of Indian Affairs upon
his return to Ottawa
I may add, how ever, that
The statement
Embodied...”
A.N. Wm signed under the mention
“That measures be
taken for the settlement.”
Another mention below:
“Wm Stewart
Please see Mr Sinclair’s
means under in red inks.”
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224
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 46 Letter of 17 July 1890 2nd page
“... embodied in the petition
that the Reserve brings
no benefits to the Indians
and that the timber is
being plundered, is
incorrect because the
Reserve is under license
and the Indians
derive a very considerable
addition to their funds
from dues in the timber
taken there from.
I am Y C.”
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225
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 47 Letter of 20 September 1890 from Secretary Branch of Indian Affairs: page 1
Doc 107 786
“Noe Forget Esq.
Mayor
Ste Lucie de Doncaster P.Q.
Sir,
Having further reference to the Pe-
tition from yourself and others, dated 6th
July last to His Excellency the Governor
General in Council which was transferred
by the Hon the Secy’ of State to this Dept for
action proposing that measures be taken for
the settlement of the Indian Reserve in the
township of Doncaster, I beg to inform
you that the Iroquois settled at
Caughnawaga refused some years
since to surrender their interest in the
above tread of land which was set apart
for the joint benefit of those Indians and
of their brethrens of the Lake of Two Mountains
of old Canada
many years ago under the Statute 14-15
Vic cap 106. There is no doubt that the Iro-
quois Indians of Caughnawaga have not
sufficient land for occupation by themselves...”
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226
PETITION FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF CERTAIN INDIAN LAND ON THE RESERVE, 1873-1890,
Microfilm reel C-11234, Petition from the Indian of Ste Lucie of Doncaster for the survey of certain Indian land on the reserve
Page 47 Letter of 20 September 1890 from Secretary Branch of Indian Affairs: page 2
Page 107 786
“... and their young men and they doubeten
look forward to, at some future time,
some of their young men taking up the
vacant lands in Doncaster for the
purpose of farming them.
I Have the honor to be Sir,
Your Obedient Servant.”
END OF REEL
G
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227
Chapter 4: Unsuccessful attempt to buy the Doncaster reserve and
settlement with the squatters 1897-1905 45
The period ranging from 1897 to 1905 is exposing the several attempts from Squatters of Ste.
Lucie to obtain grants from the government in order to legitimize their own developments in the
Doncaster reserve, despite the clearly established rules mentioned in the correspondences
concerning its creation and purposes.
The conflictuous situations in which the Squatters and the Mayor of Ste Lucie of Doncaster did
all they possibly could to obtain clemency to keep promoting their developments in Doncaster,
before the effect of the Chrome Mining Company precedent of 1920, is exposed in a
memorandum-note from 22 January 1896, from the Ottawa’s Deputy Superintendent General of
Indian Affairs to E. L. Newcomb, Esq, Deputy Minister of Justice, Ottawa.
“Sir, I beg to enclose this 34 070 of this Department containing
correspondences respecting Squatters in the Doncaster Indian
Reserve and would refer to Memorandum of 3rd December 1893
which gives a summary of the correspondence and also to letter
addressed to Agent Brosseau on the 9th Ultimo and his reply
of the 10th instant in which he states that the Indians are
quite determined neither to lease nor sell the Reserve for any
consideration and if the Squatters have made improvements
thereon, the Department should charge them a rent for the land
in as much as the Tribe requires the land for some of its mem-
bers.
Will you be good enough to advise me, under the
circumstances whether the Department could succeed in a suit
of ejectment against these trespassers or whether it could
charge a rental for past use and occupation of the land and
also for future use and occupation without a Surrender having
been obtained from the Indians.
Your obedient servant
Deputy Superintendent General
Of Indian Affairs.”
45
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND
THE SUBSEQUENT SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, LAC, MIKAN
no. 2083454, reel C-11172, (301 items), RG10. Volume/box number: 2163 File Part 2A. File
number: 34,070.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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228
Louis Beauvais’s trial was announced by Henri D. Taschereau Judge at Superior Court exposing
a court case on 9th February 1904:
“This is to certify that Mr. Thibaudeau Rinfret was nominated
“d’office” by the Court of Ste Scholastique, District Terrebonne
to defend: JB Laurent, Frs Laurent and Louis Beauvais, indians
of Caughnawaga & Oka, upon the representations of the latter
that they had no attorney and they expected the Court to give
them one.
Seven indictments had been preferred against said Indians and
their trials passed before the Criminal Court during 4-5-6-8-
and 9 February 1904.
Henri D. Taschereau,
J.C.S. (Judge at Superior Court)”
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229
Through the available archives from the given period, several court precedents and newspapers
mentioned the court procedures in which Jean Baptiste Thires-Laurent, and Louis Beauvais,
from Caughnawaga & Oka took part in the bench of the accused, but were released, on
Thursday February 17, 1904.
46
Louis Beauvais on page 4 of the French Canadian newspaper called L’Avenir du Nord’s from 13 February 1904
46
L’Avenir du Nord, French Canadian newspaper from BAnQ, consulted on 17 May 2015:
http://collections.banq.qc.ca:81/jrn03/avenirdunord/src/1904/02/11/164429_1904-02-11.pdf
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230
“The Assizes of
St. Scholastique
We will not hear through full details
the events which are taking place at the assizes of
Ste. Scholastique.
We will inform our readers only of
the most interesting facts.
JAIL VISIT
The Grand Jury visited the jail, under the
leadership of Mr President Alphonse Lafond,
from Ste. Scholastique.
They noticed that everything was in perfect
order.
The prisoners say they are perfectly well
treated by Mr. Mirault, the jailer.
AN INCIDENT
When Louis Beauvais appeared before the
tribunal, to answer the charges of theft, the
Honorable Judge Taschereau asked him if he
had a defender.
Louis Beauvais in an Oka Indian.
He seemed insulted by the request of the Court
president.”
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231
Louis Beauvais’s trial
“After a nervous and eloquent gesture, as if
he was trying to find word to pronounce, in
his indignation, he cried out, defiantly with
a strident voice, to the Hon. Judge
Taschereau:
“Tell to King that Louis Beauvais want a
lawyer: it’s up to him to give me one.”
The pride of this individual; the
circumstance in which, prisoners behind
bars, he placed the sovereign to his equal,
with an air of disdain, which was the
sensation created at the audience.
The Court prayed M. Thibaudeau Rinfret,
from the Legal Society of Prevost and
Rinfret, to change the defense of Louis
Beauvais.
Mr. Rinfret was also the Barrister and
Solicitor to J.B. Laurent. This last one, an
Indian of Caughnawaga, was accused of
theft with breaking in, of illegal detention of
the property of another party.
These misdeeds were committed at Ste.
Lucie, in the Indian reserve of Doncaster.
The plaintiff was M. Isidore Legault.
This cause imposed to M. Rinfret at last
minute, offered great difficulties.
At the more so, the accused spoke neither
English nor French.
M. Michel Jacob served as the interpret.
Despite all these obstacles, M. Rinfret
succeeded in freeing his client Laurent.
This is a brilliant success and we warmly
congratulate M. Thibaudeau Rinfret.
He had the talent of immediately grasping
in this cause, studied in haste, the points of
law capable of making it succeed, and he
conducted his investigation with a
consumed skill.”
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232
Louis Beauvais’s
“M. Thibaudeau won another success no less
remarkable in the cause of Beauvais.
Monday, M. Rinfret asked that the act of
accusation brought to his client be abandoned.
Beauvais is accused of tree theft at the amount
of fourteen dollars, and in virtue of the Article
337 of the Criminal Code, this offense if of the
exclusive jurisdiction of the peace judges, who
must treat it summarily. The other articles of
the code are applying to tree theft, for the
amount of at least twenty-five dollars. The
Crown answered to this motion telling that the
accusation act is carried in virtue of the article
336 of the code.
The Honourable Judge Taschereau, after
hearing the advocacies, who have been very
skilful on both sides, took the motion under
advisement and rendered judgment on
Tuesday. This judgment is very long and based
on several articles of the Criminal Code,
considering them numerous. The Hon. Judge
maintained the pretentions of M. Rinfret, the
lawyer of Beauvais, while deciding that it was a
matter of principle that fines are punished by
the courts mentioned in the statutes which
concern them, and not by others. It is an
exclusive jurisdiction, and in terms of tree
thefts, it is a special jurisdiction, especially
when the object in dispute is worth less than
$25, as in the precedent case.
Moreover as pointed out by the honorable
president of the tribunal, if the court of the
King’s Bench had jurisdiction in the matter,
their would be an anomaly since the summary
prescription being of six months, it would be
followed by the individual could plead
prescription before this tribunal and would be
able in a court of superior jurisdiction. The
motion of the accused is so, granted and the
act of accusation is broken and cancelled.
Beauvais is freed without delay.”
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233
The article ends with other court cases mentioning Isidore Auge and Moise Forget, 2 Squatters
taking part in the litigious legal history of the Doncaster’s claimers.
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234
From page 285 to 300 more details are presented by the Lawyer firm Prévost & Rinfret, Agents :
Barristers, from St. Jerome, sending the legal bills, and several other accountancy
correspondences with the collaborative ministers with the case.
Here a letter entitled: The Department of Indian Affairs: In debt with Thibaudeau Rinfret, from
10 February, 1904, concerning Louis Beauvais and Francois Laurent (Thires).
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235
The Department of Indian Affairs: In debt with Thibaudeau Rinfret, from 10 February, 1904,
concerning Louis Beauvais and Francois Laurent (Thires).
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236
Lawyer from Prévost & Rinfret, Agents : Barristers, from St. Jerome, answering Indian Affairs
Secretary J.D. McLean on the 15th of May 1905 exposing:
“In answer to your letter of May 6th, I beg to herewith
enclosed an authorized account of my professional services in
connection with trespass on the Doncaster Reserve and also
at Oka. I wish to say that I have already forwarded to your de-
partment an account dated February 10th 1904, which had been cer-
tified correct by the two Crown Prosecutors and by the Clerk of
the Crown. I have also a certificate from Judge Taschereau of the
Superior Court of Montreal, who presided the trial and I hold it
At your disposal.
Hoping that the enclosed account will receive the early consideration of the Department, I beg to
subscribe myself.
Respectfully yours,
Thibaudeau Rinfret.”
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237
From May-June 1905, from Lawyer Thibaudeau Rinfret, answering Indian Affairs Secretary J.D.
McLean in the May-June 1905 period after the previous letter sent the 15th of May 1905
exposing clarification in a deeper report of 3 pages.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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238
Page 2 of the report.
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239
Page 3 of the report.
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240
Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Minister of Justice, exposing
clarification in a report of 2 pages exposing a detailed agenda of the legal procedures
encountered:
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241
Page 2.
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242
Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of Indian Affairs,
a literal copy as the previous sent to Minister of Justice (on pages 290-292), exposing
clarification in a report of 2 pages exposing a detailed agenda of the legal procedures
encountered. (as seen for May-June 1905 on pages 170-173)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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243
Page 2.
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244
Page 3.
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245
On 7 June 1905 J.D. McLean Indian Affairs Secretary enclosed a $150,00 payment to Lawyer
Thibaudeau Rinfret, exposing that “it is not thought advisable to pay any cost in the Louis
Beauvais case.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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246
Also, an attempt was made by the government in order to manage the transfer of the funds
entitled to Doncaster towards the building and management of the Residential School
A correspondence from 7 May 1902 by Chief John Dailleboust and Indian Agent Brosseau
exposing the position of Caughnawaga about Doncaster after a special meeting in presence of
James Andrew McKenna, Private Secretary of superintendent general.
“At a special meeting of the Council of the Caughnawaga Band held at Caughnawaga
in the 7th May 1902 in the presence of Mr. A. I. McKenna of the Department of Indian
Affairs and Mr. A. Brosseau Indian Agent it was moved by Councillor J.S. Simpson and
seconded by councillor J.B. Delorimier that after hearing Mr. McKenna’s statement in
regard to the Doncaster Reserve and the report of the delegates of the Council who
visited the Reserve be it resolved that the Caughnawaga Band shall not during the
present year exercise as a band or underdealt their rights to the said reserve in order to
give time for the conversation and development of a plan to provide a boarding school
on the understanding that the Caughnawaga Band relinquish their rights to the reserve
with a view to the same being given by them as a contribution to the school, of being
understood by that Frank Thires who is at present at Doncaster may remain there so
long as he does not, pending a settlement of the reserve question, interfere with the
Squatters or any of them and that in the event of his doing so or threatening to do so
he shall be recalled by the Council. Carried unanimously,
Certified
his
John x Dailleboust
mark
Chief Councillor
A. Brosseau
Indian Agent”
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247
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Here remains the integrity of the transcription of the reel from page 1 of File 34070 Indian
Affairs Branch, Doncaster reserve, Caughnawaga from 1897-1905.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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248
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 2 Henri D. Taschereau Judge at Superior Court exposing a court case on 9th February 1904:
“This is to certify that Mr. Thibaudeau Rinfret was nominated
“d’office” by the Court of Ste Scholastique, District Terrebonne
to defend: JB Laurent, Frs Laurent and Louis Beauvais, indians
of Caughnawaga & Oka, upon the representations of the latter
that they had no attorney and they expected the Court to give
them one.
Seven indictments had been preferred against said Indians and
their trials passed before the Criminal Court during 4-5-6-8-
and 9 February 1904.
Henri D. Taschereau, J.C.S. (Judge at Superior Court)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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249
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 3 Prévost & Rinfret Bassister, Avocat (lawyer) office, St Jerome, February 10th 1904 to
Grignon & Fortier, Protonotaire de la Cour Supérieure dans et pour le District de Terrebonne
for the Department of Indian Affairs, exposing that JB Laurent, Frs Laurent and Louis Beauvais
were acquitted.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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250
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 4 File 34.070 memorandum POOR COPY, note: “This letter has been sent”. Ottawa, 22
January 1896, from Deputy Superintendent General of Indian Affairs to E. L. Newcomb, Esq,
Deputy Minister of Justice, Ottawa.
“Sir,
I beg to enclose this 34 070 of this Department containing
correspondences respecting Squatters in the Doncaster Indian
rd
Reserve and would refer to Memorandum of 3 December 1893
which gives a summary of the correspondence and also to letter
th
addressed to Agent Brosseau on the 9 Ultimo and his reply
th
of the 10 instant in which he states that the Indians are
quite determined neither to lease nor sell the Reserve for any
consideration and if the Squatters have made improvements
thereon, the Department should charge them a rent for the land
in as much as the Tribe requires the land for some of its mem-
bers.
Will you be good enough to advise me, under the
circumstances whether the Department could succeed in a suit
of ejectment against these trespassers or whether it could
charge a rental for past use and occupation of the land and
also for future use and occupation without a Surrender having
been obtained from the Indians.
Your obedient servant
Deputy Superintendent General
Of Indian Affairs.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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251
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 5-6 Doc 191922, Letter from Ovide Beauchamp, Mayor and Leopold André Secretary
Treasurer to the Municipality of Doncaster. October 19 1897.
“Province de Quebec, Municipality of Doncaster
To a General Session of the municipal
Council of the Doncaster Township
Held on site and on ordinary time
of its sessions, Monday the fourth
day of the month of October eighteen hundred and
ninety-seven in accordance with the
dispositions of the Criminal Code of the
Province of Quebec, in which session
were present Mr the Mayor
Ovide Beauchamp and the councillors
Remi Colin, Joseph Perron, Joseph
Deslauriers aka Legault, Joseph Huot,
Patrick Thouin, making a quorum
under the presidency of Mister
the Mayor.
It is ordered and pronounced by resolution
Of the Council as follow:
Intended 1: That a great part of this
Township belongs first, to a certain number
of Savages as a reserve, and that those
Savages aren’t residing in this territory,
not being advantageous, as a good
for hunting and fishing and that they do not derive
any profits.
Intended 2: SO this state of affairs
Is detrimental
For the inhabitants of this muni-
cipality, by retrieving them a great
number of arable lots whose
owners would contribute to the financial charges,
municipal and scholar, etc...
Intended 3: That it could be open
on this part of the Township of Doncaster
good roads of exits for the settlers
of the townships of Chilton and Chertsey...
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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252
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 5-6 Doc 191922, Letter from Ovide Beauchamp, Mayor and Leopold André Secretary
Treasurer to the Municipality of Doncaster on 19 October 1897.
Doc 191922
“... It is proposed by the councillor Remi
Colin and seconded by the councillor Joseph
Deslauriers aka Legault and resolute una-
nimously unanimously that a humble address
be presented to the Honorable Minister
of Interior and to the Surintendent General
of Indian Affairs, by exposing him
the facts mentioned above and
asking him to please take the
necessary means in order to open to
colonization this part of town-
ship of Doncaster, which without it,
would remain unproductive.
And that Mister
Raymond Prefontaine, member of the Parlie-
ment be kindly requested to affirm
our request to the Honorable
Minister.
Signed:
Ovide Beauchamp, Mayor
Leopold Andre, Secretary Treasurer
Written below:
“Real copy, signed L. Andre, Sec. Tres.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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253
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 7 Doc 191922 Petition sent on the 4th of October 1897 to the Honorable Henry G. Joly of
Lobtiniere, Minister of Interior and General Surintendent of tribes of Savages. (Then: Clifford
Sifton 1896-1905)
“To the Honorable Henry G. Joly of Lobtiniere,
Minister of Interior and General Surintendent of tribes of
Savages. (Then: Clifford Sifton 1896-1905)
Mister Minister
The undersigned, all citizens of
Ste Lucie of Doncaster, in the county
Of Terrebonne, Province of Quebec
Are exposing respectfully.
1° That a great part of the Township
of Doncaster belongs to a certain
number of Indians having been
granted to them as a Reserve;
2° That since several years there is not
any Savages residing in this reserve
there are no hunting and fishing suffi-
ciently on this territory to
help them to survive and that they would not
be able to retire any benefits through the possession
of this land.
3° That this Reserve seriously harms
the progress of our locality, that if
these lots were granted by the
government, a good number of colonies
could be able to establish and to live in
adequately that these settlers would help
the other inhabitants of this township
to support the municipal and school
taxes, etc...
4° That could be open on this
Reserve some good roads that would be
of great utilities to the settlers...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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254
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 8 Doc 191922 Petition sent on the 4th of October 1897 to the Honorable Henry G. Joly of
Lobtiniere, Minister of Interior and General Surintendent of tribes of Savages.
Doc 191922
“... the townships of Chilton and
Chertsey, by getting them close to places
of business and from the crossroad line of
Canadian Pacific etc...
For all these reasons and many others
Which will be too long to enumerate.
The subsigned are begging you humbly
Mr. Minister, to take the necessary procedures in order
to be able to grant these various lots
which without this, would remain unproductive.
And our applicants will not cease to praise
th
Ste Lucie of Doncaster on this 4 of October 1897.
Limoge Ptre Priest Ovide Beauchamp, Mayor
Roch Thouin Joseph Perron, Councillor
Israel Thouin Remi Collin, Councillor
Alexandre Carriere Joseph Huot, Councillor
Joseph Forget Joseph (his mark) x Deslauriers aka Legault
Councillor
I subsign certify that
The names up here written were signed
In my presence.”
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255
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 9-10 Letter from Raymond Prefontaine, Solicitor, Barrister, 1709 Notre Dame Street,
Montreal, 18 October 1897 to J.A. Smart, Deputy Minister of Interior in Ottawa, promoting the
settlers by exposing that the Indians are not coming to live and exploit Doncaster.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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256
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 11 Memorandum letter from to J.A. Smart, Deputy Minister of Interior in Ottawa from
October 19, 1897 to exposing to Mr McLean Secretary of Indian Affairs that the settlers claim to
exploit the land should be granted.
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257
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 12 Memorandum of October 13, 1897 letter of McLean’s Secretary.
A note on top: (another note from October 13, 1897
is unreadable)
“Sir, The opinion calling
for from the Dept
of Hunting & Mines
be seen has not
been furnished although
can be ... for tree timber
... of a law
... for Dept
McLean”
st
“Ottawa, 21 October 1897.
In relation to letter from Mr Prefontaine, M.P
Of the Instant and enclosed Petition, in regard to the
opening of for settlement of the Indian Reserve in the
Township of Doncaster, County of Terrebonne, P.Q, I beg to
state that this Reserve, containing about 16,000 acres, was
set aside under 14 and 15 Vic, Cap 106 for the Iroquois of
Caughnawaga and the Lake of Two Mountains Indians.
There are number of White Squatters settled on
nd
the North West portion of that reserve and on the 22
January 1896, the Deputy Minister of Justice was asked for
advice in regard to dealing with them. No opinion has
yet been given by the Justice Department in the matter,
although their attention was called to this letter on the
th st
9 April 1896 and on the 21 August 1896.
The file of Papers in this matter being with the
Justice Department, I can only state that the Indians owning
this Reserve were quite determined neither to grant a
Surrender to Leave nor Sell the Reserve.
As there do not appear to be any Indians resid-
ing in this Reserve, It certainly would be in the interests
of the two Bands owning the Reserve, to have the same dis-
posed of, but this cannot be done without their consent. I
may state that there is a Timber License current covering
this reserve in favour of the Clarlemagne à Lac Ouareau
Lumber for the Cedar Timber thereon.
W. Adrs.”
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258
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 13 McLean answers his Department on 25 October 1897 by exposing to present situation
expressed in the letter of the 22nd.
34 070/2
th
“Ottawa, 25 October 1897
Sir,
I beg to call attention to letter addressed
nd
you on the 22 January 1896 enclosing correspondence in
relation to Squatters on the Doncaster Indian Reserve and
asking advice as to whether this Department could succeed
in a suit of ejectment against these trespassers or whether
it could charge a rental for past use and occupation of the
land and also for future use and occupation without a
surrender having been obtained from the Indians.
As the question of bringing this Reserve into
the market is being pressed upon the Department by the Mun-
icipality of the Township of Doncaster, I should be pleased
to have an opinion from you in this matter at your early
convenience.
Your Obediant Servant
McLean
Secretary.”
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259
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 14-15 Letter of October 25th 1897 by Raymond Prefontaine, Liberal MP answering the
letter of McLean secretary of Indian Affairs from the 9th of October 1897 in which he clearly
exposed that the permissions given by the Indians would be necessary in order to obtain a
Surrender.
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260
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 14-15 Letter of October 25th 1897 by Raymond Prefontaine, Liberal MP answering the
letter of McLean secretary of Indian Affairs from the 9th of October 1897 in which he clearly
exposed that the permissions given by the Indians would be necessary in order to obtain a
Surrender.
He clearly exposes that:
“Although, these Bands have been approached in
Regard to surrending the Reserve for sale, they appeared
to be quite determined neither to grant a Surrender for
the purpose of sale or of leasing the Reserve.”
Though he also exposed that:
“There is at present a current Timber License
covering this Reserve held by the Charlemagne & Lac Ouareau
Lumber Company for the Spruce and Cedar Timber thereon,
which under the existing Regulations of the Department, in
case of surrender and sale of any Lot, would remain in force
for a period of three years from the date of sale a re-
gards the Spruce Timber.
Yours Truly,
McLean.”
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261
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 16 James Andrew McKenna, Private Secretary of superintendent general, (Clifford Sifton)
to McLean secretary of Indian Affairs, asking to have a report sent to his Agent to have him
report on April 4, 1898;
“as to the likelihood of the Indians assenting
to the surrender of the Doncaster Reserve, were the
question submitted to them.
J.A” McKenna”
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262
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
McKENNA, JAMES ANDREW JOSEPH
In January 1897 the new superintendent general, Clifford Sifton, selected McKenna as his
private secretary for work connected with the department. Later that year he sent McKenna,
along with Thomas Gainsford Rothwell, to work out a settlement with the British Columbia
government regarding the administration of the Railway Belt and the Peace River Block, lands
that the province had conveyed to Ottawa in order to assist the construction of a
transcontinental railway. The second-class clerk was promoted to first-class the following year.
In 1899 McKenna was chosen to join Indian commissioner David Laird and James
Hamilton Ross of the North-West Territorial government in negotiating Treaty No.8 with the
Indians in the District of Athabasca and northeastern corner of British Columbia, an area
disturbed by gold seekers en route to the Klondike . The terms offered were similar to those in
earlier treaties except that, on McKenna’s initiative, the option of taking land in severalty rather
than in reserves was provided. His other proposal, that the Indians be given a lump sum in lieu
of annuities, was rejected by Sifton on Laird’s advice. The treaty was successfully negotiated
over the summer, with each commissioner following an exhausting itinerary. McKenna visited
Fort St John (near Fort St John), B.C., Fort Dunvegan (Dunvegan, Alta), Fort Chipewyan, and Fort
McMurray to secure adhesion to the agreement by various bands in meetings that were at times
tense.
Land claims from the mixed-blood population of the region were dealt with by separate
commissioners who worked in conjunction with the Treaty 8 party. Such claims in the rest of the
North-West Territories had not yet been satisfied fully and on 2 March 1900 two new
commissions were established to handle them. McKenna and Major James Walker constituted
the one for the districts of Assiniboia and Alberta. The large number of claims could not be
settled in the allotted time and on 16 March 1901 McKenna was appointed sole commissioner
to dispose of those remaining. He continued the work until 1904.47
47
E. Brian Titley, “McKENNA, JAMES ANDREW JOSEPH,” in Dictionary of Canadian Biography, vol. 14,
University of Toronto/Université Laval, 2003–, accessed May 22,
2017, http://www.biographi.ca/en/bio/mckenna_james_andrew_joseph_14E.html.
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263
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 17 J.D. MacLean, Assistant Deputy and Secretary, Department of Indian Affairs “beg to
request that” James Andrew McKenna, Private Secretary of superintendent general on 5 April
1898, to “ascertain at the earliest possible moment whether there is any likelihood of the Indians
assenting to a Surrender of the Doncaster Reserve, were a Surrender submitted to them.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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264
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 18 Agent Alexander Brosseau exposing the position of certain Chiefs planning on going
back to a traditional governance to MacLean, on 13 April 1898.
34070-2 page 197244
“Caughnawaga, 13 April 1898
Mister,
Accusing reception of your letter
th
dating of the current 5 April No 34070/2, in
link with the rent or the sales of the Reserve
Doncaster, etc.
In response, I have the honor to
inform you that for the amount, it is not
easy to obtain any report with the Indians
on that matter: especially with the party of
Old Indians who are pretending to be returning to the ancient
election system of Chiefs, because they are
opposed to all action on behalf of the government;
though, I will try to obtain some in-
formations from the principals and I will submit a report.
I have the honor to be
Sir
Your Devoted Servant
A. Brosseau
Agent.”
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265
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 19 Translation of the previous letter of 13 April 1895 of Indian Agent Alexander Brosseau
exposing the position of certain Chiefs planning on going back to a traditional governance to
MacLean.
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266
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 20-21 Letter of October 25th 1897 by Raymond Prefontaine, Liberal MP sending a letter to
Clifford Sifton, minister of the interior and superintendent general of Indian affairs.
Page 232829
“House of Commons
nd
Ottawa, 2 April 1901
To the Honourable
Clifford Sifton,
Minister of the Interior
Ottawa
My Dear Minister
Two or three years ago, if I remember well, I
Presented to your Department a demand on the part of the tax-
payers of Ste. Lucie, in the County of Terrebonne, asking that
the Indian Reserve which is located in that place, be put up
for sale. The reason given at that time was, that since twenty
years there is not a single Indian living on the Reserve or
within a radius of fifty miles.
The Municipal Council of the parish of Ste.
Lucie de Doncaster has now sent me a resolution, unanimously
adopted, asking the same thing, which herewith en-
close.
I must say that I honour entirely in their demand
and that, moreover, during the last campaign in the County of
Terrebonne in which I was elected, I promised then that I would
interest myself toward the abolition of said Indian Reserve.
Their idea is that the Reserve should be sub-divided on proper
lots and offer them for sale, through an agent located at Ste.
Lucie. In my opinion, this step would be the best for the ad-
vancement of said municipality and also for he advancement of
other municipalities situated in the County of Montcalm.
I would therefore, respectfully ask from you that you send one of
your officers to inspect the Reserve and gi-
ve an exact report of how the matter stands.
The way to reach Ste. Lucie is by the C.P.R. ...”
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267
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 20-21 Letter of October 25th 1897 by Raymond Prefontaine, Liberal MP sending a letter to
Clifford Sifton, minister of the interior and superintendent general of Indian affairs.
Page 232829
“... to Ste. Therese Junction, and thence from Ste.
Agathe from which place it will be necessary to drive about
five miles to reach Ste. Lucie. The trip could be made in two
days easily. At Ste. Lucie, by applying to Mr. Leopold Andre,
Secretary of the Municipality, your messenger will get the
necessary information.
I would consider it a personal favor if you will
give your attention to his matter as soon as possible, so that
I can give satisfaction to my people.
I remain,
Truly yours,
Raymond Prefontaine.
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268
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 22 Letter from P. André Assistant Secretary Treasurer of Doncaster to Raymond
Prefontaine Liberal Deputy MP. March 12, 1901.
Page 232829
“Province of Quebec
Municipality of Doncaster
To His Honor
Sir Raymond Prefontaine
Mayor of the City of Montreal, and
Federal Deputy in the County of Terrebonne.
Sir,
In my letter of the last November 24
on answer to yours from the 12 of the present concerning the works
needed, wondering what was accomplished and
what was left to be done, I will answer your question.
Was remaining the question of the Reserve of Savages, so
the municipal council of this municipality at the general session
th
of the current March 4 adopted at unanimity the following
st
resolution: 1 Considering that a great majority of the in-
habitants of Ste. Lucie of Doncaster are unanimous to ask
that the Reserve of Savages be banned and put for sales as soon
as possible, that a great number of family fathers of Ste. Lucie
and surrounding areas establish their children in this reserve. The
th th
hugest part being convenient for culture, that the 4 , 5 and
th
6 roads being distant by only 2 or three miles of the church and
the village, or that the Church and the vilage are built between the N° 29 and
th
the 5 road, the N° 30 being neighbour of the said Reserve, making that
there are no inhabitants on the North and North-East side of Ste. Lucie.
Consequently, the Councillor Benjamin Dufresne propose, seconded
by the Councillor Eusebe Leroux, that the resolution above
be adopted by the said Council, And that a copy be addressed to Mr.
Raymond Prefontaine, Mayor of the city of Montreal and federal Deputy
in the County of Terrebonne, praying him humbly to use
all his influence to the Government at Ottawa.
I have the honor to be Sir Deputy,
Your devoted servant, Leopold Andre, Sec. (Secretary) Council of Doncaster
Ste Lucie of Doncaster, March 12, 1902.
By P. Andre, Assistant Secretary Treasurer.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 23 Reception confirmation to Prefontaine’s office from 9 April 1901 from William James
Tucker.
Doc : 34070
Ottawa, 9th April, 1901
(To Mr Prefontaine, House of Commons,
Ottawa.)
“Dear Sir,
nd
I am in receipt of your letter of the 2 instant,
addressed to the Minister, enclosing the Resolution passed by
the Municipal Council of the Parish of Ste. Lucie de Doncaster
asking the Indian Reserve at that place be put up for
sale.
In reply I be to say that this matter will be given
immediate attention and an officer of the Department sent to
lock over the Reserve with a view of having a proper survey of
it made.
Yours very truly.
William Jas. Tucker.,
Land Branch, House of Commons,
Ottawa.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 24 Memorandum correspondence of April 17, 1901 to the Secretary of Indian Affairs by
his assistant on 17 April 1901.
File 34 070/2
MEMORANDUM
To the Secretary
"Ottawa 17th April 1901
In regard to proposed disposition of the
Doncaster Indian Reserve, I beg to refer to my Memo-
st
random of the 21 October 1897, which gives the facts
in connection with the Reserve.
There has been no report in regard to the
Squatters received from the Justice Department.
In April 1894, Mr McKenna was authorised to
attend a meeting of the Indians of the Caughnawaga
Band as well as a meeting of the Indians of the Iro-
quois Band of the Lake of Two Mountains and submit to
them the question of surrendering interest
in the Doncaster Reserve. It appears from Mr. McKenna’s
report that Caughnawaga Band was unanimous in
refusing to surrender and Mr. McKenna reported that
such refusal was not base upon any idea of the
Band’s making use of the Doncaster Reserve in the
future and he believed that when the arrears due by
the Censitaires had been collected and as an account pro-
vided for spent in permanent works upon the Reserve,
the Indians would very likely be ready to give a
Surrender. Many Censitaires have paid their rents
but there are still a number in arrear, against whom
the Department has under consideration the question
of taking action for collection of arrears.
It is submitted whether the Surveyor whom I
it is projected to send to look over the Reserve, should
at the same time be instructed to submit Surrender to
the Indians.”
(Unidentified Secretary)
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 25 Letter from 24 April 1901 from James A. Smart, Deputy Superintendent of Indian
Affairs to pressure Surveyor in Chief Samuel Bray to “make an examination thereof with view of
having a proper survey made” of Doncaster.
Page 34 070/2
th
“Ottawa 24 April 1901
Sir
I have to request that you will pressed, as
early as practicable, to the Doncaster Reserve, is the
County of Montcalm P.Q. and make an examination
thereof with view of having a proper survey made.
I enclose Form of Surrender in Duplicate,
and you are hereby authorised to submit the same to the
Indians who own the Doncaster Reserve, with a view
to its being disposed of for their benefit.
Your obedient servant.
Sct. Jas. A. Smart
Deputy Superintendent General
of Indian Affairs
Samuel Bray, Esq., D.L.S.,
Indian Dept.,
Ottawa
Ont.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 26 Surveyor in Chief Samuel Bray answering a week later on 2 May 1901 to James A.
Smart, Deputy Superintendent of Indian Affairs, proposing his schedule to do so.
34 070
nd
Ottawa, 2 May, 1901.
“Dear Sir,
I have received instructions to inspect the
Doncaster Indian reserve, and to prepare a report thereon.
I have then proceed to Caughnawaga, and from there to
Oka, to obtain, if possible, a Surrender of the Reserve from
the two parties.
th
I propose to leave Ottawa on Monday, the 6
Instant, but am unable to tell you when I will be in
Caughnawaga, as I do not know how long the inspection of
the reserve may last. I will, however, send you notice
by wire, at the earliest possible date, in order that you
may call the necessary meetings of the Indians, for the
purpose of submitting to Surrender.
In the mean time I shall feel obliged if you
will inform the Chief and Councillors of what is proposed, and
endeavour to impress them with the fact that it
would be to their advantage to surrender the Doncaster
Reserve.
A. Brosseau, Esq
Indian Agent
Yours truly
J.Bray.
Caughnawaga.”
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273
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 27 Council meeting of the Reserve of Savage of Caughnawaga, May 13, 1901. Francois
Thires and Indian Agent Brosseau. (Transcribed on page 38)
Page 234152
“Council Meeting of the Indian Reserve of
Caughnawaga, May 13, 1901.
Resolution 6.- Mr Jean Baptiste Ohweskon
proposes, seconded by Mr John Sakowihe,
who since the request reiterated by the Department
of Indian Affairs from the Cession
of the Reserve of Doncaster to the Department
and by exposing facts for this purpose by M.S. Bray
Ingenior in Chief of the Department to an
assembly of Indians from the Band of
th
Caughnawaga, the 11 , that a request
be made to the Department for the expense
necessary for the travelling fees of the 3 Indians,
including one named by the Band and two by
the Council to make a visit of the Reserve
in order to observe by themselves the
facts exposed by Mr Bray, and the position
of the said Reserve in order to prepare a Report
to the Band, and to the Department, about the opinion
which interfere by the this last one, related to
the above-mentioned Cession, provided always that
the expenses incurred and to incur are not
being taken from the funds belonging to the
Band of Caughnawaga.
Adopted
his
Francois X Thires
mark
A Brosseau
Indian Agent”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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274
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 28 (page 1/5) : Memorandum from 15 May 1901 of Samuel Bray, Chief Surveyor to the
Secretary of Indian Affairs.
234152
MEMORANDUM
Ottawa 15th May 1901-
"To the Secretary
In accordance with the instructions of the
th
Deputy Minister, of the 26 Ultimo, I have visited the
Doncaster Reserve and the Caughnawaga Band of Indians,
and beg to report the follow-
The Doncaster Reserve occupies the S.E. ¼ of the
Township of Doncaster, in the County of Montcalm, P.Q.
If the system of survey into which the remainder of the
Township is divided, is projected across the Reserve, lots
numbers 31 to 60 inclusive, in Range 1 to 6 would be
within the Reserve, containing 16,500 acres.
The whole of the Township of Doncaster (includ-
ing the Reserve) and the surrounding Townships consist
of steep rocky hills with practically no plains between
them. The soil is without exception a sandy loan of
medium quality.
All the land surrounding the Reserve that
will admit of any cultivation at all, has been taken up.
The Settlers with great labour, cultivate the occasional
tracts where the hills are not quite so steep and rocky.
No one but those who are willing to work very hard and
live very frugally can possibly make a living in this
rocky, rough, sandy country.
The Breas River, a small stream about 35 feet
wide, enters the Reserve on the North boundary, at about
Lot 50, and after traversing the Reserve, leaves it in Lot
30, Range 1, is the South boundary. Brock trout may be
caught...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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275
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 28 Speculative transcription of the note written by the Indian Agent Mclean on the left
side of the MEMORANDUM of 15 May 1901:
"... as upons ... can ... be decided
of sanction tion the of you Indian delegation
of the Doncaster Reserve
McLean
15th May 1901"
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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276
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 29 (page 2/5) Samuel Bray, Chief Surveyor promoting the Squatters by saying: “It is
evident that no Indians and very few White men could be induced to live on this land. The
adjacent Settlers are the only people, who can or would be willing to make use of such an
uninviting tract.”
Page 243152
“... caught in this stream but in quantities not sufficient
to be noted as a means of livelihood. There are small
flats of sandy, gravelly land in the valley of this
stream. There are also five small Lakes in the Reserve
having an area of from 2 to 5 acres. A few deer and
some bears are still to be found on the Reserve, but not
in numbers sufficient to induce anyone to hunt them
systematically.
Fire as passed over the Reserve at different
times (4 times within the past 30 years) destroying all
timber except the Spruce in the valleys and an occasional
tract of Maple on the hills. All the Pine has disappeared.
There are eight clearings on the Reserve, on
which there are small log houses and barns. There are
five other clearing made by Settlers who live outside
of the Reserve. All of these are near the Western and
Northern boundaries.
It is evident that no Indians and very few
White men could be induced to live on this land. The
adjacent Settlers are the only people, who can or would
be willing to make use of such an uninviting tract. I
am at loss to know why it was set apart as an Indian
Reserve, as it has not one feature to recommend it for that
purpose.
The survey of the Reserve should undoubtedly
be made to continuing through it the same system of
survey in the Township. No severance of any consequence
will be made of the clearings of the squatters by
adopting this system as they have themselves roughly
projected some of these lines. The lots will contain 100
acres each with the usual allowance for roads. The cost
of the survey including replacing the boundaries should
be...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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277
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 30 234152 (page 3/5) Samuel Bray, Chief Surveyor. This mention appears on the left
margin: “Exclusive of costs of survey, 38 C Mil. Cost survey.”
Page 234152
“... be about $1500.
I wired Mr. Agent Brosseau from Ste. Agathe, who duly called
th
a meeting of the Caughnawaga Indians on the 11 instant, I
was informed that the Indians had already met and had
decided they would not surrender.
It appears they feel aggressed that some business matters
with the Department have not been attended to with the
promptness and in the manner they think they deserve. This
together with the very real grievance of their Capital
having been spent some years ago in a practically useless
survey, has made them extremely suspicious of any step
contemplated by the Department.
I found this feeling prevailed at the meeting.
However, they listened to my address very attentively.
I laid great stress on the fact that they were asked to surrender
the Reserve especially as an act of justice to
the surrendering Settlers who found it a great disadvan-
tage in not being able to collect taxes from the land for
the construction of roads &c.
They asked me a number of questions. In reply
to one I informed them that 30. Cents an acre would be
the lowest sum they would receive for say of the land and
some of it would be sold for the higher price. The smallest sum
to be received for the whole Reserve would, therefore
be $5,500,00. It was evident that even if the sum to be realized
was very much larger, it would not be an induce-
ment for them to surrender. They stated very truthfully
that the annual amount which would be paid to each
individual from the interest derived from this sum every
year, would be a trifle.
I infirmed them I had no authority to mention
or suggest an exchange of land for a more desirable
locality such as near stream or Lake in a remote
District...”
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278
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 31 (page 4/5) Samuel Bray, Chief Surveyor, trying to discourage the Mohawks to hope
being entitled to Doncaster. A notice on the left side reads as: “Not one member of the Band )
with the exception of two, not there now) as ever visited the reserve.”
234152
“...District. They had stated that they were desirous of
obtaining the Doncaster Reserve for the possible use of
their children. I here pointed out to them how much
and keep for their descendents,
better it would be to obtain a desirable piece of land
in another locality than to retain the Doncaster Reserve
which is much a poor tract of land that is can never be
of any real use to their descendents. They could insert
any terms they thought proper in the Surrender. If the
terms were approved by the Department, the Surrender
would be submitted for acceptance to the Govern General
in Council, and if not accepted by him the Surrender
would be void. The suggestion to make an exchange of
land evidently unsettled their decision not to Surrender.
There are desirable localities for an Indian
Reserve, to the North; the nearest to the Reserve being
Cypres Lake or the Mattawan River. The Provincial
Government of Quebec would probably be very willing to
sanction the creation of an Indian Reserve in a more
remote locality in exchange for the Doncaster Reserve .
After some deliberation, the Indian Council
decided that notwithstanding the fact that they fully
believed all I had set before them regarding the Reserve
yet they thought it was their duty to their people
generally that three of their number should be proceed to
the Doncaster Reserve and report thereon before they
came to any decision in regard to the proposed Surrender.
I asked them to make their proposal in the form
of a Resolution of their Council. I beg to submit here-
with the Resolution, together with a letter from Mr. Agent
Brosseau. Please note that Mr. Brosseau is of the
opinion that an exchange of land might be effected.
I beg to recommend that the request of the
Indians...”
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279
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 32 (page 5/5) Samuel Bray, Chief Surveyor, trying to discourage the Mohawks from being
entitled to Doncaster. A notice on the left side reads as: “$42.00 will be required for the trips
for the two delegates.”
Also, only one delegate of each Band was suggested for the next visit. The 2/3 and 1/3
representative mathematical-occidental quota feature was not yet used as it is today in the
management of Tioweroton.
234152
“...Indians be acceded to and that the necessary sum be
advanced to them to defray the expenses of a visit of
three of their members to the Reserve. O would draw attention
to the fact that they stipulate this sum
should be made a charge against their Band Funds.
I would recommend immediate action, in order
that the Indians may visit the Reserves before the trees
are full leaf; They will thus be able to see with
ease from three or more of the many high hills, over the whole
Reserve, and it’s extremely rocky nature will not be hidden by
the foliage.
Should the foregoing be approved, I have to urge
that the Oka Indians be requested to send a member of
their Council or of their Band, to accompany the delegates
from Caughnawaga to the Doncaster Reserve and that his
expenses be also paid. I informed the Caughnawagas that
I would recommend this suggestion.
I may say I suggested that one delegate from
Caughnawaga and one from Oka should be sufficient. I
found it necessary, however, to accede to their views
to the effect that if they sent less than three delegates
the different sections of their Band would not be
satisfied.
$42.00 will be required for the trips for the two
delegates.
S. Bray
Chief Surveyor.”
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280
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 33 Memorandum for the Secretary: travelling expenses, from 17 May 1901. $50.00.
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281
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 34 Document 34, 070/2ty, Memo to Bray, Surveyor from 17 May 1901 from J.D. McLean
Secretary of Indian Affairs.
th
“Ottawa, 17 May, 1901
Memo: Mr. Bray.- (Surveyor)
Will you be good enough
to give further particulars as to
the business matters with the De-
partment for which the Caughnawaga
Indians feel aggrieved, as stated on
page 3 of your report.
McLean secretary
(of Indian Affairs)
BELOW:
“18 May 1901 Secretary, they stated there were
questions relating to an unsettled
mill case, the appointment, of a constable,
the trespass of an individual on the commons Trespass to two
toll gates. I positively declined to listen to anything in
regard to these or any said matters as I have no authority to
do so. In accordance with my request they confined
themselves to the consideration of the merits of the proposed
surrender of the Doncaster reserve.
S. Bray.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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282
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 35 Memorandum from J.D. McLean, Secretary of Indian Affairs, from 18 May 1901 to his
Superior, from 18 May 1901.
Page 235046
Doc 34, 070-3Ty
th
“Ottawa, 18 May, 1901.
MEMORANDUM
The Deputy Superintendent General.
I submit herewith Mr. Bray’s report of the
result of his visit to the Doncaster Reserve and Caughna-
waga. He failed to obtain a surrender, but suggested to
the Indians the idea of enhancing this Reserve for other
land.
The Indians are not prepared to do anything fur-
ther in the matter until a delegation visits the Doncaster Reserve
and report to the Band. The cost of sending
four delegates is estimated by Mr. Bray to be about $42.00.
The Accountant points out that this can be charged to Man-
agement Funds.
I would not recommend, however, that the Depart-
ment proceed further in this matter. The Doncaster Re-s
erve, if sold would not realize much over $5,000.00 at
30 cents an acre and the settlers who would purchase are
poor men and it would be some time before the Department
would realize this sum for the benefit of the Band. The
Indians have, from time to time, refused to surrender the
Reserve, as they require it for the possible use of their
children. I am sure that the Department could not pur-
chase another tract for them for the money that we would
receive for the Reserve even of surrendered and sold, and
therefore, I think it is inadvisable to press the matter
further.
L. McLean
Secretary
(Of Indian Affairs)”
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283
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 36 Memorandum from 29 May 1901 from J.D. McLean, Secretary of Indian Affairs.
Document 34, 070/2ty
“Ottawa, 29th May, 1901
Memorandum: Deputy Supt. General.
With reference to your
Memo, regarding the Doncaster reserve,
I am not clear as to whether you desire
delegates to go to the reserve or not.
If they go, it should be on the distinct
understanding that the Department will
not undertake to provide another re-
serve for them in lieu of the present reserve.
J.D. McLean
Secretary.”
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284
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 37 Letter from 30 May 1901 from Sct. Jas. A. Smart Deputy Superintendent General of
Indian Affairs to his Secretary, J.D. McLean, exposing the purpose of the Ministry: to obtain the
Surrender refused by the Mohawks.
g
Ref 34, 070/ 2ty
“Ottawa, 30th May, 1901
Memorandum:
Mr McLean,
In my first ruling on this sub-
ject, I decided that the delegates should be per-
mitted to visit the Reserve, not understanding
the situation as it was afterwards explained to
me. The ruling now is that if the only condition
on which the Indians will agree to the surrender
of these lands is that they will get others in
exchange, then the delegates should not undertake
to visit the Reserve: but if the Indians desire
to relinquish the lands because they have no fur-
ther use for them, then I have no objection to the
proposed visit, although there does not appear to
be any special purpose to be served by it.
Jas. A. Smart
Deputy Supt. General.”
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285
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 38 Letter, copy transcribed of the letter observed from Francois Thires on page 27, Council
meeting of the Reserve of Savage of Caughnawaga, March 13, 1901. Francois Thires and Indian
Agent Brosseau. Page 234152
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286
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 39 Extract of the original: File 234143 from, 13 May 1901, by Agent Brosseau to the
Secretary Mclean concerning Resolution 6 exposing:
“Sir, ***** Resolution 6. This resolution was passed
with the object of complying with the desire of the Depart-
ment for the Surrender of the Doncaster reserve, but I fear
very much that this expense will be useless and without
success. *****
A. Brosseau,
Agent.”
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287
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 40 Letter from 4 June 1901 by JD McLean to Brosseau, his superior, exposing that:
“referring to Resolution No.6, of the Minutes of the Indian Council held at Caughnawaga, 13th
March, 1901, relating to the proposed Surrender of the Doncaster Reserve, I have to state that in
view of the fact that the Indians are averse to the Surrender of the Reserve, it will be useless at
the present time, to send delegates from the Band to examine the Doncaster Reserve.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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288
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 41-42 Letter from Raymond Prefontaine Liberal Deputy MP. in the of House of Commons
from March 26, 1902 to James Smart Chamber, Esquire, Deputy Minister of the Interior,
Ottawa.
“My dear Mr Smart,
In relation to the Indian Reserve composed of 6000 acres, set apart in the Township of Doncaster, county
of Terrebonne, parish of Ste. Lucie, reserve supposed to be for the Indians of Caughnawaga and Lake of
Two Mountains, I must say that, after having exhausted all the legal means to have this reserve put up fir
sale, I come to the conclusion that only way to proceed is to amend the law in such a way as to allow the
department to settle this affair to the best of its judgement,
As the matter stands now this reserve has not been occupied by the Indians since over 20 years and their
unwillingness to ascent to the sale is purely a caprice and the only reason they give is that the money from
the sale of the land should revert to them directly. Therefore, it seems, this is certainly a case in which the
government should intervene as to render justice to the interested party.
I will call to the department and talk over the matter with you some of these days, in the mean time you
might think of it.
Hoping that you had a very pleasant trip,
I remain truly yours,
Raymond Prefontaine.”
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289
Solution exposing that the settlers could have their lands:
bought by the government 1902
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 43 (Page 1/4) Letter of James Andrew McKenna, Private Secretary of superintendent
general, (Clifford Sifton) to James Smart Chamber, Esquire, Deputy Minister of the Interior,
Ottawa, 3 April 1902.
Doc 34070
Page 246168
rd
“Ottawa, 3 April, 1902
Mr. Smart,
The Reserve referred to by Mr. Prefontaine was set
Aside under the Statute of OLD CANADA fifty years ago. If we
were to act upon the suggestion, the only way in which the
Government could intervene in the face of the refusal of
the Indians to surrender would be by an Act of Parliament.
The land would then revert to the Province of Quebec as it was
part of the Provincial lands previous to its being set
aside. The justification for such action would be that when
the land was set aside as a reserve, it was intended that
the Indians should make use of it, and that their failure
to do so shows that a mistake was made in setting it aside;
but such action would be fraught with troublesome conse-
quences. We have had a good deal of difficulty already in
handling the affairs of the Caughnawaga Indians, and the
whole Iroquois people would regard this as a high handed
interference with property occured to them for half a century
48
with the result that our troubles would be manifolded. ”
48
Manifolded: old term designing having many,
several folds, layers: exposing a complexity.
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290
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 44 (Page 2/4) Letter of James Andrew McKenna, Private Secretary of superintendent
general, (Clifford Sifton) to James Smart Chamber, Esquire, Deputy Minister of the Interior,
Ottawa, 3 April 1902.
Doc 246168
(2) page
“Moreover the precedent would be used by the local people
who are pressing for the surrender of other reserves at
different points, and we would find it more difficult to
resist the pressure that every year would increase to have
reserves thrown open whether or not the Indians surrendered
them.
You will remember that Mr Bray visited the
Doncaster reserve and submitted the question of surrender-
ing it to the Caughnawaga Indians and they refused. Before
taking action they desired to send delegates to visit the reserve
and report upon it because there was no one living among
Caughnawaga Indians who has ever seen it. There
are 18,000 acres in the reserve, and Mr. Bray put a minimum
price of 30 cents an acre on it. The revenue to be derived from
the sale did not appear to strike the Indians as of much
importance, and ‘r Bray spoke to them u=in regard to a
possible exchange of land with the Province. The agent
did not think a surrender would be made even after a...”
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291
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 45 (Page 3/4) Letter of James Andrew McKenna, Private Secretary of superintendent
general, (Clifford Sifton) to James Smart Chamber, Esquire, Deputy Minister of the Interior,
Ottawa, 3 April 1902.
Doc 246168
(3) page
“... delegation had visited the reserve; and ther the matter
stands.
I do not think the time has come when we should
contemplate taking action without the consent of the
Indians. The best we can do is to continue an endeavor to
effect an arrangement with the Indians. I can understand
that the Indians of Caughnawaga will be averse to releasing
the reserve for sale unless they can see that a present
appreciable benefit is ti accrue to them in lion thereof.
Sale by the department to the settlers in the vicinity on
payments extending over a number of years, so is the usual
plan, would mean that we would have difficulty in col-
lection, and that we would have similar trouble to that
which we have in collecting the rents from the Censitaires
for the same band. If we had an offer for the land
en bloc with a cash payment and could go to the Indians
with that offer, there might be some hope of getting them...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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292
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 46 (Page 4/4) Letter of James Andrew McKenna, Private Secretary of superintendent
general, (Clifford Sifton) to James Smart Chamber, Esquire, Deputy Minister of the Interior,
Ottawa, 3 April 1902.
Doc 246168
Note on the left side: “I think this the best
solution of the difficulty this matter to ...those
such lands ... waste.” signed 9 April 1902 by
James Smart Chamber, Esquire, Deputy Minister
of the Interior
(4) page
“... to surrender under an arrangement which would provide for
the expenditure or investment of the proceeds agreeably to
them. “Failing” this if we could make an arrangement with
the Province for an exchange of land, might get the con-
sent of the Indians to a relinquishment of the present re-
serve in consideration of setting apart of another.
This would give the settlers the relief which Mr Prefontaine
desires and might be acceptable to the Indians. It is a
matter which requires careful handling and in which we
will have to go slowly for the Iroquois will not be rushed
in a matter of that kind.
J.A. McKenna.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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293
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 47 Letter from J.D. McLean to E. E. TACHÉ, Assist.-Commissioner, of Crown Lands,
Quebec, 28th April, 1902
Page 1/2
Doc: 34 070 / 2 77
Note: “Return ...
To Law Clerk”
Note on top by McLean Secretary of Indian Affairs:
“For your approval
Sir, your remarks on
Memo of the 18 May 1901
Turned out. The Minister has
... dis... that $2000.00
Be ... in the Supplementary
Estimates to open up woods
of the Doncaster Reserve.
JC. McLean.”
The letter:
“Representations have been made to the Department in
the interest of the residents and Helpers of the lands
surrendering the Indian Reserve in the Township of Doncaster
County of Montcalm P.Q. setting forth that it would be
very desirable to have the lands comprised within this
Reserve thrown open for settlement.
The Reserve contains the S.E. part of the said
Township, and contains 18,000 Acres. It was apart
under 14 & 15 Vic. Cap. 106, for the Iroquois of Caughnawaga
and Lake of Two Mountains.
This Department has endeavoured, but without
success, to obtain a Surrender of the land from the
Indians, in order that it may be sold for their benefit,
and thus meet the wishes of the Settlers above mentioned.
The Indians, however, are decidedly opposed to make any
surrender. They urge that although they have made no
use of the land themselves, their descendents may do so,
and at the price which would be realised for the land
is small, there was no inducement to part with it.
An Officer of the Department who was sent to
Caughnawaga for the purpose of endeavouring to obtain
the...”
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294
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 48 Letter from J.D. McLean Secretary of Indian Affairs to E. E. TACHÉ, Assist.-
Commissioner, of Crown Lands, Quebec, 28th April, 1902.
Page 2/2
“... the desired Surrender after having examined the Doncaster
Reserve drew the attention of the Indians to the fact
that the land was extremely rocky and practically unfit
for the purposes of an Indian reserve, or to be retained
for the use of their descendents. He suggested the
possibility of an exchange being made with the Province
of Quebec, for another trust of land in a more remote
District, which would be better in quality, and more
suitable in situation, in the way of access to a large
River or Lake, for the purpose of an Indian Reserve, and
to retain for the use of their descendents. The attitude
of the Indians was such that the Officer was induced to
think that Indians might consent to surrender the land,
in exchange for another tract.
Considerable pressure has been brought to bear
on the Department, to have these lands thrown open for
settlement, and it certainly appears to be an injustice
to the surrounding Settlers, to look up such a large tract
in a fairly well settled District. I have therefore,
to ask you to be good enough to take the matter into your
earnest consideration, and inform mw whether your Govern-ment
would feel disposed, provided the Indians will make
the required Surrender, to set aside to another tract of land
in exchange after the said Indian Reserve in the Township
of Doncaster. Should your Government feel disposed to
make the exchange, I shall feel obliged if you will inform
me in what localisation or Districts the new tract may be
selected ....(unreadable)
Your obedient servant,
J.D. MacLean.
Secretary.”
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295
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 49 Doc 34070 page 247125 extract 246,517
Translation
“Caughnawaga, 30th April, 1930
The Secretary
Dept. Of Indian Affairs,
Ottawa
Sirs,
Resolution 2. I believe that this
visit will be in the Interest of the tribe and of
the government in order to be done with this re-
serve, because a certain number of the Indians
have gone to reside on this reserve if they find
it suitable.
X X
I have, Sec.,
A. Brosseau
Agent”
Note beside:
“Secy,
Owing to the condition of this Band I do
not recommend this application
I think those surrender of
the Band who which to visit the
Doncaster Reserve should do
So at their own personal expenses.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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296
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 50 Letter from chief councillor Jean Bte X Daillibout to Indian Agent A. Brosseau, from 28
April 1902.
“Meeting of the council of the Caughnawaga
reserve
28th April, 1902.
X X
Resolution 2. Mr. Janes Kane moved, sec-
onded by Francois Phillipe, that in view of the
fact that several members of the band have taken
land on the Doncaster reserve, and in order that
the land thus taken may be equitable and granted
to these members, it is considered important that the
whole council visit that reserve, and that the
sum of $30.00 been granted by the Hon. The Supt.
General of Indian Affairs to meet the expenses of
this trip. Carried
X X
His Jean Bte X Daillibout
mark
Chief Councillor “
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297
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 51 (page 1/2) Memorandum from W.A. Orr, Officer in charge for the Department of
Indian Affairs at Lands and Timber Branch to James Andrew McKenna, Private Secretary of
superintendent general, (Clifford Sifton) from 3 May 1902.
File 34 070/2-
MEMORANDUM
“To Mr. McKenna.
Ottawa 3rd May, 1902-
The Doncaster Indian Reserve, situate in the
County of Montcalm, containing an area of 18500
acres, was set aside under 14-15 Vic, Cap 106, for the
Iroquois Indians of Caughnawaga and the Lake of
Two Mountains.
On the 2nd of October 1886, a Timber License
covering Spruce and Cedar Timber of 10 inches at the
butt and over, was issued to the Charlemagne & Lac
Ouareau Lumber Company covering this Reserve, which
License is still current and has not been transferred.
On the 22nd January 1896, File 34 070, con-
taining correspondences regarding squatters on the
Doncaster Reserve, was sent to the Deputy Minister of
Justice, who was asked to advise, under the circumstan-
ces, whether the Department could succeed in a suit of
ejectment against these trespassers or whether it
could charge a rental for past use and occupation of
the land, and also for future use and occupation, with-
out a Surrender having been obtained from the Indians.
No advice appears to have been given by the Justice
Department in this matter, and the File of correspond-
ence has not been returned, and I am unable, therefore,
to give you the desired information as regards Squat-
ters.
The File is being looked for and, if found,
I shall advise you later.
I send herewith File 34 070/2, which contains
the recent correspondence in this matter and would
call...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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298
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 52 (page 2/2) Memorandum from W.A. Orr, Officer in charge for the Department of
Indian Affairs at Lands and Timber Branch to James Andrew McKenna, Private Secretary of
superintendent general, (Clifford Sifton) from 3 May 1902.
“..call your attention to letter of the 28th Ultimo, ad-
dressed the Deputy Minister of Lands, Mines & Fisheries
Quebec, relative to the question of obtaining another
tract of land in exchange for this Reserve.
x W.A. Orr”
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299
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 53, letter from 28 April 1902 from the E. P. TACHÉ, Assist.-Commissioner, of Crown Lands,
AKA Survey Branch department of Quebec to the Secretary of Indian Affairs, exposing that
soon a feedback on behalf of his department will be made concerning the selection of a
potential delocalization for the reserve.
R. No 34070/02 Ty 34070-2 Ty
Doc-page 247090
“SURVEY BRANCH
QUEBEC
To the Secretary Dept.
of Indian Affairs
Ottawa
Sir,
In answer to your letter of the 28th ulti-
mo, I beg to inform you that this Department would feel dispo-
sed, provided the Indians will make the required Surrender, to set
aside another tract of land of same extent in exchange for the
Indian Reserve in the township of Doncaster: but we are not as
yet in a position to inform you in what localities or Dis-
tricts the new tract may be selected, as we will be guided in
this matter by the returns of an exploration now being made for
this Department by Mr. Bureau. This gentleman is expected to re-
turn shortly.
I have the honour to be
Sir,
Your Obedient Servant
x
Deputy-Minister”
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300
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 54 (page 1/2) A letter from 23 April 1902 from Prime Minister Prefontaine, Mayor of the
city of Montreal and federal Deputy in the County of Terrebonne and Minister of Mines and
Fisheries and Francois Octave Dugas, Deputy of Montcalm, in the Committee on Agriculture
and Colonization expressing the urge to build a road in order to deserve the people of St-Emile,
St-Donat and Notre-Dame de la Merci, in the North-East side of the Reserve in order to reach
conveniences.
Doc-page 247-835
“HOUSE OF COMMONS
rd
Ottawa, April, 23 , 1902 S.90.
Honourable C. Sifton,
Minister of the Interior,
Ottawa.
My dear Minister,
The undersigned, members of the House of Com-
mons, respectfully for the county of Montcalm and Terrebonne, beg
respectfully to present to your favorite consideration the
following facts:
There exist in the Township of Doncaster, in the parish
of Ste-Lucie, in the county of Terrebonne, between the county
of Montcalm and Terrebonne, an Indian reserve of an area of
18,000 acres. The said reserve has never been occupied and has
been left abandoned since over 40 years, nobody to take char-
ge of it. It was thus unoccupied for 20 years, when some white
settlers in good faith took lots on this reserve and built esta-
blishments for themselves.
It stands to reason that no improvements whatever have been
made on those lands, except on those lots occupied by the squat-
ters, but no contribution of any kind were levied for municipal
purpose, and no contribution for roads or other municipal work
were exacted from the said land. This state of affairs has
caused great detriment to the surrounding inhabitants, for
instance three parishes: St-Emile, St-Donat and Notre-Dame de
la Merci, all prosperous parishes, in the North-East side of the
Reserve, and the inhabitants of said parishes, since over 30
years have been obliged to ride 10 miles or 15 miles, in order
to reach the Railway Station at St-Agathe des Monts, to carry
their products and come to the city of Montreal, there being no
road through the said reserve.
We must state that a few years ago the provincial govern-”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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301
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 55 (page 2/2) A letter from 23 April 1902 from Prime Minister Prefontaine, Mayor of the
city of Montreal and federal Deputy in the County of Terrebonne and Minister of Mines and
Fisheries and Francois Octave Dugas, Deputy of Montcalm, in the Committee on Agriculture
and Colonization expressing the urge to build a road in order to deserve the people of St-Emile,
St-Donat and Notre-Dame de la Merci in the North-East side of the Reserve in order to reach
conveniences.
Page-doc 247835
“... ment attempted to build a colonisation road through the said land,
but was stopped by your department.
The time has come, in our opinion, where the Government
should come to the relief of these poor settlers and help the
four municipalities interested in constructing proper roads through
said Indian Reserve and highways leading to it. We respectfully
submit that a sum of $5000 should be allotted ans spent under the
control of your department to open said roads through said reserve
and establish proper ways of communication for the people around
there.
If you will send one officer of your department to ascer-
tain these facts and give the necessary instructions, you will greatly
oblige the undersigned.
We remain
Truly Yours
x R. Prefontaine
x FO Dugas”
Ends with a note below:
“Cannot be “granted.””
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302
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 56 Memorandum of 25 April 1902, from W.A. Orr, Officer in charge for the Department of
Indian Affairs at Lands and Timber Branch to the Secretary, about a potential surrendering by
the Indians.
File 34 070-2
“Memorandum
To the Secretary-
Ottawa 25th April 1901-
The Doncaster Indian Reserve, which is situated
in the Township of Doncaster, in the County of Mont-
calm, containing an area of 18500 acres, was set aside
under 14-15 Vic, Cap 106, for the Iroquois of
Caughnawaga and the Lake of Two Mountains Indians.
No disposition has been made of the Reserve
as the Indians have declined to surrender the same
to be sold for their benefit.
There is a Timber License current held
by the Charlemagne and the Lac Ouareau Lumber Company,
covering the Spruce and Cedar Timber on the Reserve.
The Department is in communication with the
local authorities in Quebec for an exchange of land
upon obtaining the consent of the Indians to a re-
linquishment of the present Reserve, in consideration
of the setting apart of another.
x W.A. Orr.”
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303
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 56 Memorandum of 25 April 1902, from W.A. Orr, Officer in charge for the Department of
Indian Affairs at Lands and Timber Branch to the Secretary, about a potential surrendering by
the Indians.
A note was written on the left side exposing:
“Minister – You will see from them that there
Is a proposition in part to exchange the
Reserve. No section of the Reserve has been surrendered or sold. The request is
simply for the benefit of the Municipalities.
J.D” McLean.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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304
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 57 Letter of 30 May 1902 from Clifford Sifton, minister of the interior and superintendent
general of Indian affairs answering the last letter of Francois Octave Dugas, Deputy of
Montcalm and Minister Prefontaine from 23 April 1902, in the Committee on Agriculture and
Colonization.
“Ottawa, 10th May, 1902.
Dear Mr Dugas:-
Referring to the communication which you and
Mr Prefontaine addressed to me on the 23 Ultimo asking
for assistance in the construction of a road through the
Doncaster Reserve, I beg to inform you that while I appre-
ciate the needs of the Settlers as stated by you, I do not
think it advisable for us to undertake the construction
of the road at this stage. We have now in negotiation with
the Indians the question of surrendering the Reserve and
the opening of a road would complicate the question. More-
over I could not well ask an appropriation from Parliament
for constructing a road through the Reserve which you may
succeed in having open to settlement.
Yours faithfullt,
SIG Clifford Sifton.”
(SIG: Superintendent General Indian)
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305
Trade Doncaster for Residential Schools:
An attempt was made by the government in order to manage the transfer of funds
entitled to Doncaster towards the building and management of the Residential School
1902
On 5 May 1902 a letter-Memorandum from Duncan C. Scott, the Accountant of Indian Affairs to
his superior, McKenna, James Andrew McKenna, Private Secretary of superintendent general,
exposed the management of funds for the Methodist Church of England and the Mount Elgin
residential schools for Kahnawake and Kanesatake
Then in an correspondence from 7 May 1902 by Caughnawaga Chief John Dailleboust and Indian
Agent Brosseau are exposing the position of Caughnawaga about Doncaster after a special
meeting in presence of James Andrew McKenna, Private Secretary of superintendent general.
Which wrote as:
“At a special meeting of the Council of the Caughnawaga Band held at
Caughnawaga in the 7th May 1902 in the presence of Mr. A. I. McKenna of the
Department of Indian Affairs and Mr. A. Brosseau Indian Agent it was moved by
Councillor J.S. Simpson and seconded by councillor J.B. Delorimier that after
hearing Mr McKenna’s statement in regard to the Doncaster Reserve and the
report of the delegates of the Council who visited the Reserve be it resolved that
the Caughnawaga Band shall not during the present year exercise as a band or
underdealt their rights to the said reserve in order to give time for the
conversation and development of of a plan to provide a boarding school on the
understanding that the Caughnawaga Band relinquish their rights to the reserve
with a view to the same being given by them as a contribution to the school, of
being understood by that Frank Thires who is at present at Doncaster may remain
there so long as he does not, pending a settlement of the reserve question,
interfere with the Squatters or any of them and that in the event of his doing so or
threatening to do so he shall be recalled by the Council. Carried unanimously
Certified
his
John x Dailleboust
mark
Chief Councillor
A. Brosseau
Indian Agent”
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306
In Spring, on 12 May 1902, Indian Affairs Superintendent’s Secretary, Andrew McKenna, exposes
that the Caughnawaga Band is taking a year off the schedules of the Doncaster’s occupation in
order to focus on the transfers organised of their children to certain Residential School, as
exposed in his previous report which wrote as:
“Ottawa, 12 May 1902.
Memorandum for the Minister:-
Re Doncaster Reserve.
This Reserve comprises the S. E. ¼ of the Township of Doncaster in the County of Montcalm, P.Q.,
and contains 18,500 acres. It was set aside fifty years ago by Statute for the Iroquois of
Caughnawaga and Oka. It is in the midst of a hilly country where rocks abound and the light
sandy loan is cultivable only with great labor.
But settlement has advanced and extended on to the Reserve.
I was unable to procure any detailed information in the Department in regard to the squatters or
their holdings for the reason that the file containing the correspondence was sent to the Justice
Department for advice in January 1896. No advice was tendered, and it appears that the papers
have been lost. But I append a statement (A) giving the information which I obtained from the
squatters when I met them recently at Ste Lucie. You will observe from it that 2,800 acres have
been squatted on; that the improvements on the holdings range all the way from $50.00
to $4,000.00 and total some $17,800.00; that most of them have been held for from twenty five
to forty years; and that many have passed from original squatters.
The reserve is covered by a licence to cut spruce and cedar held by the Charlemagne and Lac
Ouareau Lumber Company. Apart from what the Company does to guard its interest, nothing
has been done to protect the other timber on the Reserve, and apparently it has been made
pretty free with.
The squatters admitted that they were all aware when they took up their holdings or purchased
from the squatters that the land was included in an Indian Reserve, but they
claimed that they had been told that they would not be interfered with.
I found a Caughnawaga Indian named Thires with his adopted son and family in possession of a
house on the Reserve and preparing for farming operations. The squatter who owned this house
was absent, and this Indian, who had gone to the Reserve with others to make sugar, took
possession of the house with a view to bringing to an issue the right of the Indians as against the
squatters. I knew the old man and after parleying with him got his promise not to interfere with
the squatters while we were endeavoring to make a settlement and to vacate the house as soon
as its owner required it.
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307
Four of the Council of the Caughnawaga band arrived while I was on the spot, and I discussed the
situation with them. I assured them that Government had no intention of dispossessing the of
their land, but pointed out that as these squatters had been on the Reserve for years and had
made improvements, we would require time to make an adjustment with them if the Indians
persisted in refusing to surrender the Reserve, and that in the meantime there should be no
thought of their taking the law into their own hands. On their side they urged that the
Department had failed to protect the Reserve, that the squatters had had the benefit of the
timber on the Reserve outside of that covered by license, and had been exempt from taxes, all of
which should be taken into consideration in effecting a settlement. They agreed however not to
interfere with the squatters pending a consideration of a settlement if the question was promptly
taken up and I would meet the Council at Caughnawaga to that end.
I was thus enabled to dispel the fears of the settlers, whom the presence of the Indians had
greatly disturbed, and to rejoice them with the assurance that they might go on with the
season’s farm work which had been interrupted.
I have already reported adverse to the suggestion that the authority of Parliament should be
sought to extinguish the Indian title to this Reserve. Such a course would immeasurably increase
the trouble we already experience in dealing with the affairs of the Iroquois Indians, and would
create a precedent that would make it all the more difficult to resist the pressure that is
beginning to come from different quarters, and will increase year by year, to have Reserves
thrown open when settlement presses upon them.
The situation is a difficult one. Having tacitly acquiesced in the trespass the Department is not
now in a good position to enforce the law against the squatters. They have no legal rights, but
departmental inaction has created certain rights which it would be inequitable and impolitic
to disregard. If we cannot succeed in securing a surrender of the Reserve, we should not remove
the squatters without compensation. But the funds of the Caughnawaga Band are not sufficient
to bear such a charge, and even if they were, the Indians would claim that our failure as their
guardians to protect the Reserve puts the burden of compensation on our shoulders.
It is clear that the Indians will not surrender the Reserve for the revenue to be derived from its
sale. Provincial Government land was sold in the vicinity for thirty cents an acre. Nor will the
Indians exchange it for other land in Quebec, for the reason that the available land adapted for
agriculture would be far distant. If an exchange were considered at all, it would be for land in the
North West Territories.
It came out in the discussion with the Indians that they are very desirous of having an Industrial
School, and that the Band might be willing to relinquish its claim to the Reserve and give it as a
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contribution towards the school if the Government would agree to provide one. I learned that a
Resolution has been passed by the Band asking for a school and that the question has been
mooted for some time. There is no Industrial or Boarding School in the Lower Provinces. Some
150 children from Caughnawaga are at present in Boarding Schools in the United States.
Although an Industrial School is mentioned, after discussion I found that what they really desired
was a Boarding School in which special provision would be made for teaching the pupils farm
work.
After conferring with you, I met the Council of the Caughnawaga Band, and discussed the
Reserve matter. The discussion confirmed the views I have already expressed. The Indians are
determined to insist upon their right to the Reserve and to keep the question in the front. They
had evidently concluded to send a number of their people to Doncaster to take up land and thus
demonstrate that they were in a position to make use of the Reserve and compel us to deal with
the trespassers. They were in no mind to desist from their course. Signs of general disaffection
were apparent. The Agent considered useless to go on with the discussion. I succeeded in getting
a majority of the Council with me, but so strong is the feeling in the Band that the members of
the Council would not commit themselves formally until the general meeting called for the
afternoon was assembled and action could be taken in the presence of all. After the adjournment
I met the Council with the members of the Band and resumed the discussion. A definite
statement of the Government’s policy was demanded from me and old questions were raked up.
I replied that I was in a position to state frankly to them that you were impressed by the school
proposal, that it was a matter, however, that had to be submitted to the Cabinet, and that no
one could commit the Administration in advance. After giving an assurance that the proposal
would not be shelved but would be duly and seriously considered, and pledging my word to give
my personal attention to assisting in having the matter dealt with, the Council passed the
Resolution attached hereto (B) agreeing that the Caughnawaga Band shall not exercise their
right to the Doncaster Reserve during the present year in order to give time for the consideration
and development of a plan to provide a boarding school on the understanding that the
Caughnawaga Band relinquish their right to the Reserve with a view to the same being given as
a contribution to the School.
I have conferred with Mr. Scott, the Accountant, in regard to the financial side of the school
question, and he suggested (see his memo attached “C”) that $15,000.00 might be taken from
the capital of the Province of Quebec Fund for building. This Fund began in 1860 with what is
described as “a balance” of $15,479,53, and was added to by an annual Legislative
appropriation. In 1870 the appropriation was capitalized and [$30,000.00 ou $80,000.00] put to
the credit of the Fund which then stood, Capital $112,545.72, Interest, $11,442.00. And
notwithstanding the Capitalization the appropriation was continued. The Fund was charged with
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salaries of missionaries and teachers in Lower Canada. But there was an Indian School Fund and
it was considered that teacher’s salaries should be charged of it and accordingly they were
transferred by order in Council from the former to the latter fund $58.080.000 which at 5%
yielded sufficient to meet the transferred charge of teachers salaries. The School Fund was wiped
out in the readjustment of Indian Funds made by Order in Council some
years ago, and the $58,080.00 was transferred back to the Province of Quebec Fund. Its actual
Capital now is $79,080.00. Tue interest is only charged with the salaries of three Missionaries
and each year the balance goes to Capital with a view to bringing it to the old figure of
$107,000.00 and put it in a position to bear charges for relief that are now met out of
Consolidated Revenue.
It will be seen that the practice warrants this and other such funds being dealt with by Order in
Council for proper Indian purposes without any special statutory authority. It is a question of
policy whether a part of the Capital of this particular fund should be used for an Indian Boarding
School in Quebec. Fifty eight thousand dollars of it having once been transferred for educational
purposes and only returned because of a general readjustment shows that education was
regarded as a proper object of expenditure. Taking the suggested amount from capital will delay
the recouping of the fund, but there is a question as to whether it is not wiser 27 to use Capital
for education than to lay it up to produce in future revenue for relief. We should be looking for
the day when permanent provision for relief to Indians would not be required.
If the building were provided out of Indian funds a yearly Parliamentary appropriation for
maintenance would be necessary. We now make the following provision for boarding schools in
Ontario:
60 pupils at $60.00 per capita at the Shinwauk Home (Church of England) - $3600.00
100 pupils at $60.00 at the Mount Elgin Institute (Methodist) - $6000.00
91 pupils at the Mohawk Institute (Church of England) at $60.00 = $5400.00
120 pupils at the Wikwemikong School (Roman Catholic) at $60.00 = $7200.00
We would have to provide for not less than 100 pupils at $60.00 at the proposed school.
I am convinced that practical education opens the only road to the permanent advancement of
the Indians, and that boarding schools, in which certain manual training and farming and
domestic work are important features, are the best means of educating Indian children on right
lines.
I consider that it is contrary to good policy to have a large number of Iroquois Indians in schools
in the United States. They come back with the idea that better provision is made for their race on
that side of the line than on this, and become disturbing elements. It is in the public interest that
the Iroquois should be made contented and advanced. The fact that they desire a school and are
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ready to contribute to it is a good sign, and I feel that the necessary expenditure would be
justified by results.
The Doncaster Reserve is held jointly by the Iroquois of Caughnawaga and Oka. The population
of Caughnawaga id about 2,000, and of Oka some 450. Not all of the 450 claim to be Iroquois
however; and only the Iroquois have a right to Doncaster. Opinion at Caughnawaga affects
opinion at Oka, and as a question of surrender is decided by a majority vote of the joint owners,
Caughnawaga controls the situation. We need not, therefore, fear that a scheme of settlement
will be blocked at Oka.
X signed J.A. McKenna.”
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Then, on 20 August 1902, Indian Affairs Superintendent Clifford Sifton writes to his Assistant
Indian Commissionaire James Andrew McKenna, suggesting the proper formula for the Chief
and voters of Caughnawaga to submit and abandon Doncaster for a residential school,
suggested by Ottawa. Only male members aged 21 and older were allowed to vote in Band
Councils in Canada until 1951.
The page 98-99-100 of the microfilmed documents are containing the original and stamped
letter :
“KNOW ALL MEN BY THESE PRESENTS THAT WE, the undersigned Chief and Principal men of the
( or sometimes called the Iroquois of Sault Saint Louis) Iroquois of Caughnawaga, Band of Indians
resident on our Reserve at Caughnawaga in the County of Laprairie in the Province of Quebec
and Dominion of Canada, for and acting on behalf of the whole people of our said Band in
Council assembled, DO hereby release, remise, surrender, quit and yield up unto OUR SOVEREIGN
LORD THE KING, his Heirs and Successors forever, ALL AND SINGULAR, that certain parcel or tract
of land and premises, situate, lying and being in the township of Doncaster in the County of
Montcalm and Province of Quebec containing by admeasurement eighteen thousand five
hundred acres be the same more or less and being composed of the Doncaster Indian Reserve in
the Township and County aforesaid which said reserve is delineated in a plan of record in the
Department of Indian Affairs, dated 20th February, 1858 signed by Andrew Russel Assistant
Commissioner of Crown Lands.
TO HAVE AND TO HOLD the same unto His said Majesty
the King, his heirs and Successors forever, in trust to dispose of, sell, alienate or lease the same in
such manner and upon such term as the Government of the Dominion of Canada may deem most
conductive to the purposes hereinafter mentioned and upon the further condition that all
moneys received from the disposition, sale, alienation or lease thereof shall after deducting the
usual proportion for expenses of management be applied by the said Government in defraying
or by way of contribution to the cost of a boarding school for indian children hereafter to be
erected under direction of the said Government and the costs of construction, maintenance and
repairs of the said school and the conduct thereof and the maintenance and education of the
children attending the same Provideo always that such school shall be situate in the Province
of Quebec within convenient distance of Caughnawaga and Oka both in the said Province and
shall have accommodation for at least two hundred children and provided also that all
applicants for admission to the said school who are children of Iroquois Indians of Caughnawaga
or of the Lake of Two Mountains shall have a prior right over all other children to admission to
and maintenance and education at the said school so long as any vacancy thereat continues.
And we the said Chief and principal men of the said Iroquois of Caughnawaga Band of Indians do
on behalf of our own people and for ourselves hereby ratify and confirm, whatever the said
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Government may do, or cause to be lawfully done in connection with the disposition, sale,
alienation or lease of the lands hereby surrendered or any part thereof.
IN WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this (blank) day
of (blank)in the year of Our Lord one thousand nine hundred and
Signed, sealed and delivered )
in presence of)”
Though, later, on 25 October 1902, a document-letter states that :
“At a meeting of the Iroquois tribe residing in
the Caughnawaga Indian Reserve, Canada,
The question of surrendering their share in the
Doncaster Reserve as their contribution to the
erection of a boarding school for 200 of their
children at or near the said Reserve was
voted upon held at Council room Caughnawaga on 25th Oct., 1902,
the said school to be erected and maintained on the ...(unreadable)”
On 25 October 1902, below the previous statement, the names of only 5, those “in favor of
endeavor” and 74 others, “those against”
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Two important historical reports which exposed the history until the management of
the departure of the squatters
In a report from 13 March 1903 about the historical and legal situation of Doncaster written
from the Assistant Secretary of Indian Affairs Samuel Stewart depicted a complete review of the
historical situation of Doncaster until 1903, which mentioned:
“By Statute 14 & 15 Vic., Cha. 106, lands amounting in all to 230,000 acres were set apart for
Indian Tribes in Lower Canada. Of this amount a reserve containing 18,500 acre was granted to
the Iroquois of Caughnawaga and Two Mountains in the Township of Wexford (now Doncaster),
County of Montcalm, and was confirmed to them by Order in Council of 9th August, 1853.
This reserve has never been occupied by the Indians Reports regarding the lands have been made
by Mr. Fillion, Bushranger for the Quebec Crown Lands Department, Mr. Bray, Chief Surveyor,
Mr. McKenna, Assistant Indian Commissioner, Mr. Dingman, Inspector of Reserves, all of whom
visited the reserve and agree in saying that it as well as the surrounding Townships consist of
steep, rocky hills, with practically no plains between them. The soil, it is further stated, is without
exception a sandy loam of medium quality, and no one but those who are willing to work very
hard and live very frugally can possibly make a living in this rough, sandy district.
The value of the land is given as from 30 to 33 cents per acre. The Reserve when set apart
contained a considerable quantity of good merchantable timber. In 1869 a license to cut the
same was granted to Messrs. Cushing Bros., of Repentigny who paid a bonus of $350.00 in
addition to ground rent and timber dues for the privilege, but they allowed the license to lapse in
1872 owing to the difficulty of getting the logs down the streams.
A license to cut the spruce and cedar timber was granted to the Charlemagne and Lac Onareau
Lumber Co. In 1886 on payment of Two hundred dollars bonus in addition to ground rent and
timber dues. This license is still in force. The first intimation received by the Department
regarding the squatters was from the Crown Lands Departments, Quebec, in November 1881,
and that Department offered to send a competent Bushranger to investigate and report if
desired.
In reply the Department asked that this be done, and that all squatters on the reserve be notified
to leave at once.
In compliance with this request, Mr. A. B. Fillion was sent to the reserve and his report of 15th
December, 1881, states the he found fifteen families occupying lands belonging to the Indians,
and that he had served them with notice to leave. Mr. Fillion valued the improvements owned
by the settlers at $1635.00.
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The notice did not have the desired effect, as several of those, who are now on the reserve, are
evidently, judging by the names, of the same families, who were there in 1881, while others
claim to have purchased from the persons mentioned by Mr. Filion.
The settlers were also notified to leave by Mr. Dingman, Inspector of Agencies, in August, 1893.
Mr. McKenna visited the reserve in May, 1902, and re- ported sixteen persons as holding lands
on the reserve of from 100 to 450 acres in extent. The values of the improvements as given to
Mr. McKenna by the settlers themselves totalled $17,800.00.
As early as September, 1873, the Crown Lands Department, Quebec, proposed that, as the
Doncaster Reserve was not occupied by Indians, or likely to be so, and as it was important, in
view of the settlement in this Township, that the block of land should be offered for sale to
actual settlers, (blank space ) it be transferred to the Government of the Province of Quebec in
exchange for an equal area of land in another locality, better suited to the wants of the indians,
or, in case such an exchange could not be made, that the land in question be offered for sale by
the Department.
In accordance with the proposition, Mr. De Boucherville, the Lands Sales Clerk, was sent to
Caughnawaga, to endeavour to obtain a surrender from the Indians but could not get their
consent and the matter was allowed to drop for the time being.
In April last the Crown Lands Department again offered, in the event of the Indians surrendering
the reserve, to set aside another tract of land of the same extent in exchange for the same.
Very strong representations have from time to time been made to this Department by the Crown
Lands Departments, by the settlers themselves, by the adjoining Municipality and by Members of
Parliament, that the reserve should be opened for sale.
The difficulty in the way of this action has been, however, that this Department, after repeated
attempts, as failed to obtain a surrender of the reserve from the Indians.
The efforts of this direction may be enumerated:-
In August, 1874 by Mr. De Boucherville, Lands Sales Clerk,
May 1893, “ Mr. Dingman, Inspector of Agencies,
May 1894, “ Mr. McKenna, Secretary to Deputy Minister,
May 1901, “ Mr. Bray, Chief Surveyor,
May 1902, “ Mr. McKenna, Assistant Indian Commissioner,
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It may be mentioned that the settlers have all along admitted they were aware, when they took
up holding, that the lands were included in an Indian Reserve, but further state that they were
given to understand, they would not be interfered with.
S. Stewart, Assistant Secretary.”
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It was followed by another important temporal updates of the legal procedures, exposing a
Memorandum report, from 3 April 1903 about the historical and legal situation of Doncaster
written from the Deputy Superintendent General of Indian Affairs James A. Smart which went
as:
“Ottawa, 3rd April, 1903.
Memorandum:- The Superintendent General.
The Doncaster Reserve, situated in the County of Montcalm, containing 18,000 acres, was set
apart by Statute 14 and 15 Voc., Ch. 106, for the benefit of the Iroquois of Caughnawaga and
Two Mountains. The Reserve has never been occupied by the Indians, and in October, 1873, and
again in May, 1902, the Crown Lands Department, Quebec, proposed, in view of the progress of
settlement, that the Reserve be transferred to the Province in exchange for an equal tract of land
in another locality, or that, in case such an exchange could not be made, the land in ques-tion be
offered for sale by the Department.
The matter was referred to the Indians, and they were asked to surrender the Reserve in order
that it might be sold for their benefit. It was pointed out to them that the advance of settlement
in that part of the country where the reserve is situated and its distance from the residence of
any officer of the Department made it difficult to protect the land from being squatted upon or
the timber pillaged.
The Indians, however, refused t surrender the Reserve: and, although the matter has been
submitted to them on five different occasions, it has always been with
the same result.
The Agent who visited the Reserve in 1873 found a number of squatters on the Reserve, and
since that date others have also taken up land and built houses thereon.
These persons have several times been notified to leave, but action for their ejectment has not
been taken owing to representation that have been made to the Department by the Crown Lands
Department, by the authorities of the ad-joining municipality, by Members of Parliament and by
the settlers themselves.
It was anticipated by the Department, as well as by the settlers and their friends, that the Indians
would eventually consent to surrender the Reserve, as the land was reported to be of poor
quality and difficult of cultivation. There was little reason, therefore, for thinking that the Indians
would desire to settle down on it with the expectation of making a living by farming.
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The Indians have now, however, signified their intention of at once occupying the Reserve and
have demanded that the trespassers be removed without delay, but before this action can be
taken the claim of the squatters for compensation for their improvements requires to be
dealt with.
These squatters state that they took up their holding in good faith, and with the conviction that
the Reserve would be opened for sale. The fact that the Department has to a certain extant
acquiesced in the trespass is also given as a reason why they should be compensated for their
improvements if they are compelled to remove from the Reserve.
It is felt that there is considerable force in the argument urged on behalf of the squatters, and
that their continued occupation, most of them for periods of from twenty-five to forty years,
together with the Department’s inaction, gives them a claim which cannot well be overlook-
ed.
The lands trespassed upon amount to 2,800 acres, and the improvements on the holdings given
by the squatters themselves total some $17,800.00.
In dealing with this matter it should, however, be borne in mind that the squatters have had the
free use of the land all these years and that they, living on an Indian Reserve, have not been
required to pay taxes. In addition, they have had the benefit, of which it is stated they have
taken full advantage, of the timber on the Reserve outside of the spruce and cedar, which alone
is covered by license.
In the event of its being decided to pay for the improvements, it will be necessary to have the
money provided by a vote of Parliament. The Oka Indians have no funds and the funds of the
Caughnawaga Band are not sufficient to bear the charge of paying the amount required.
The claims of the Indians cannot, it is thought, be overlooked that the failure of the Department
to protect the Reserve from intrusion puts the burden of compensation on its shoulders.
There is no doubt but that the longer the settlement of this matter is delayed the more difficult
will it be to come to a satisfactory arrangement. Some of the Caughnawaga Indians have already
been restrained with difficulty from taking possession of house owned by the squatters; and the
Oka Indians, who feel that they have been unjustly deprived of the lands at the Lake of Two
Mountains, will make the most of any delay in putting them in possession of the Reserve at
Doncaster.
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Roads Through The Reserve:-
The Department of Agriculture and Colonisation, Quebec, and the Members of Parliament
for the Counties of Montcalm and Terrebonne have pointed out that no roads have been opened
up through the Doncaster Reserve. In consequence, they state, the settlers in the surrounding
town-
Ships are seriously inconvenienced, as they are obliged to ride from 10 to 15 miles in order to
reach a railway station with the products of their farms.
Messrs. Prefontaine and Dugas have asked that the Department come to the relief of the settlers
and help the municipalities interested in constructing proper roads through the Reserve and
highways leading to it. They ask that a sum of $5,000.00 be allocated and spent under the
control of the Department to open said roads.
In connection with these applications attentionis called to Section 35 of the Indian Act as
amended by Section 5 of 50-51 Vic., Ch. 23, which provides that “No por-
“ tion of any reserve shall be taken for the purposes of
“ any railway, road or public work without the consent of
“ the Governor in Council, and if any railway, road or pub-
“ lic work passes through or causes injury to any reserve
“ belonging to or in possession of any band of Indians, or
“ if any act occasioning damage to any reserve is done un-
“ der the authority of an Act of Parliament, or of the Leg-
“ islature of any Province, compensation shall be made to
“ them therefor in the same manner as is provided with res-
“ pect to the lands or rights of other persons.”
Under Section 38 as repealed y Section 3 of 61 Vic., Chp. 24m no reserve or portion of a reserve
shall be sold, alienated or leased until the same has been released or surrendered to the Crown.
It is doubtful whether the Indians would consent at present to surrender any portion of the
Reserve.
If the Indians were residing on the Reserve they could be compelled under Section 33 as repealed
by Section 1, Ch. 33, Vic. 61, and Section 34 to make reads and keep them in order through the
Reserve.
Under the circumstances the only way in which the wishes of the Department of Colonisation and
of the Members for the Counties of Montcalm and Terrebonne can be met would be apparently
be by this Department’s obtaining a grant from Parliament for the purpose and having the roads
made for the improvement of the Reserve and for the benefit of
the Indians.
Deputy Superintendent General of Indian Affairs.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 58 letter-Memorandum of 5 May 1902 from Duncan C. Scott, the Accountant of Indian
Affairs to his superior, McKenna, James Andrew McKenna, Private Secretary of superintendent
general, for the management of funds for the Methodist Church of England and the Mount Elgin
residential schools for Kahnawake and Kanesatake
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320
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 59 (page 1/3) In an correspondence from 7 May 1902 by Caughnawaga Chief John
Dailleboust and Indian Agent Brosseau are exposing the position of Caughnawaga about
Doncaster after a special meeting in presence of James Andrew McKenna, Private Secretary of
superintendent general.
“B
At a special meeting of the
Council of the Caughnawaga Band
held at Caughnawaga in the 7th May
1902 in the presence of Mr. A. I.
McKenna of the Department of Indian
Affairs and Mr. A. Brosseau Indian
Agent it was moved by Councillor
J.S. Simpson and seconded by councillor
J.B. Delorimier that after hearing Mr
McKenna’s statement in regard to
2
the Doncaster Reserve and the
report of the delegates of the
Council who visited the Reserve
be it resolved that the
Caughnawaga Band shall not
during the present year
exercise as a band or underdealt
their rights to the said reserve
in order to give time for
the conversation and development of...”
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321
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 60 (page 2/3) In an correspondence from 7 May 1902 by Caughnawaga Chief John
Dailleboust and Indian Agent Brosseau are exposing the position of Caughnawaga about
Doncaster after a special meeting in presence of James Andrew McKenna, Private Secretary of
superintendent general.
“3
..of a plan to provide a
boarding school on the
understanding that the
Caughnawaga Band relinquish
their rights to the reserve
with a view to the same
being given by them as a
contribution to the school,
4
of being understood by that
Frank Thires who is at
present at Doncaster may
remain there so long as
he does not, pending a settlement
of the reserve question, interfere
with the Squatters or any of
them and that in the event
of his doing so or threatening
to do so he shall be recalled
by the Council. Carried
unanimously ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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322
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 61 (page 3/3In an correspondence from 7 May 1902 by Caughnawaga Chief John
Dailleboust and Indian Agent Brosseau are exposing the position of Caughnawaga about
Doncaster after a special meeting in presence of James Andrew McKenna, Private Secretary of
superintendent general
“5
Unanimously
Certified
his
John x Dailleboust
mark
Chief Councillor
A. Brosseau
Indian Agent”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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323
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 62-64 Statement “A” giving names of squatters on the Doncaster reserve, the extent of their
holdings, and an estimate of improvement.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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324
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 62-64 Statement “A” giving names of squatters on the Doncaster reserve, the extent of their
holdings, and an estimate of improvement.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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325
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 65 (page 1/9) In Spring, on 12 May 1902, Indian Affairs Superintendent’s Secretary,
Andrew McKenna, exposes that the Caughnawaga Band is taking a year off the schedules of the
Doncaster’s occupation in order to focus on the transfers organised of their children to certain
Residential School, as exposed in his previous report through the previous pages 232-239
exposing passed the Resolution attached hereto (B) agreeing that the Caughnawaga Band shall
not exercise their right to the Doncaster Reserve during the present year in order to give time for
the consideration and development of a plan to provide a boarding school. [...]”
“Ottawa, 12 May 1902.
Memorandum for the Minister:-
Re Doncaster Reserve.
This Reserve comprises the S. E. ¼ of the Town-
ship of Doncaster in the County of Montcalm, P.Q., and
contains 18,500 acres. It was set aside fifty years ago
by Statute for the Iroquois of Caughnawaga and Oka. It is
in the midst of a hilly country where rocks abound and
the light sandy loan is cultivable only with great labor.
But settlement has advanced and extended on to the Reserve.
I was unable to procure any detailed information
in the Department in regard to the squatters or their
holdings for the reason that the file containing the corres-
pondence was sent to the Justice Department for advice in
January 1896. No advice was tendered, and it appears that
the papers have been lost. But I append a statement (A)
giving the information which I obtained from the squatters
when I met them recently at Ste Lucie. You will observe
from it that 2,800 acres have been squatted on; that the
improvements on the holdings range all the way from $50.00
to $4,000.00 and total some $17,800.00; that most of them have
been held for from twenty five to forty years; and that
many have passed from original squatters.
The reserve is covered by a licence to cut
spruce and cedar held by the Charlemagne and Lac Ouareau
Lumber Company. Apart from what the Company does to
guard...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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326
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 66 (page 2/9)
[2]
“...its interest, nothing has been done to protect the other
timber on the Reserve, and apparently it has been made
pretty free with.
The squatters admitted that they were all aware
when they took up their holdings or purchased from the squatters
that the land was included in an Indian Reserve, but they
claimed that they had been told that they would not be inter-
fered with.
I found a Caughnawaga Indian named Thires with
his adopted son and family in possession of a house on the
Reserve and preparing for farming operations. The squatter
who owned this house was absent, and this Indian, who had
gone to the Reserve with others to make sugar, took posses-
sion of the house with a view to bringing to an issue the
right of the Indians as against the squatters. I knew the
old man and after parleying with him got his promise not to
interfere with the squatters while we were endeavoring to
make a settlement and to vacate the house as soon as its
owner required it.
Four of the Council of the Caughnawaga band
arrived while I was on the spot, and I discussed the situa-
tion with them. I assured them that Government had no
intention of dispossessing the of their land, but pointed
out that as these squatters had been on the Reserve for
years and had made improvements, we would require time to
make an adjustment with them if the Indians persisted in
refusing to surrender the Reserve, and that in the meantime
there should be no thought of their taking the law into
their own hands. On their side they urged that the ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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327
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 67 (page 3/9)
[3]
“... Department had failed to protect the Reserve, that the
squatters had had the benefit of the timber on the Reserve
outside of that covered by license, and had been exempt from
taxes, all of which should be taken into consideration in
effecting a settlement. They agreed however not to interfere
with the squatters pending a consideration of a settlement
if the question was promptly taken up and I would meet the
Council at Caughnawaga to that end.
I was thus enabled to dispel the fears of the
settlers, whom the presence of the Indians had greatly
disturbed, and to rejoice them with the assurance that they
might go on with the season’s farm work which had been
interrupted.
I have already reported adverse to the suggestion
that the authority of Parliament should be sought to
extinguish the Indian title to this Reserve. Such a course
would immeasurably increase the trouble we already experi-
ence in dealing with the affairs of the Iroquois Indians,
and would create a precedent that would make it all the
more difficult to resist the pressure that is beginning to
come from different quarters, and will increase year by year,
to have Reserves thrown open when settlement presses upon
them.
The situation is a difficult one. Having tacitly
acquiesced in the trespass the Department is not now in a
good position to enforce the law against the squatters.
They have no legal rights, but departmental inaction has
created certain rights which it would be inequitable and impolitic
to disregard. If we cannot succeed in securing a surrender...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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328
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 68 (page 4/9)
[4]
“... of the Reserve, we should not remove the squatters without
compensation. But the funds of the Caughnawaga Band are
not sufficient to bear such a charge, and even if they were,
the Indians would claim that our failure as their guardians
to protect the Reserve puts the burden of compensation on
our shoulders.
It is clear that the Indians will not surrender
the Reserve for the revenue to be derived from its sale.
Provincial Government land was sold in the vicinity for
thirty cents an acre. Nor will the Indians exchange it for
other land in Quebec, for the reason that the available land
adapted for agriculture would be far distant. If an exchange
were considered at all, it would be for land in the North
West Territories.
It came out in the discussion with the Indians
that they are very desirous of having an Industrial School,
and that the Band might be willing to relinquish its claim to the
Reserve and give it as a contribution towards the school
if the Government would agree to provide one. I learned
that a Resolution has been passed by the Band asking for a
school and that the question has been mooted for some time.
There is no Industrial or Boarding School in the Lower
Provinces. Some 150 children from Caughnawaga are at pre-
sent in Boarding Schools in the United States.
Although an Industrial School is mentioned, after
discussion I found that what they really desired was a
Boarding School in which special provision would be made
for teaching the pupils farm work.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
329
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 69 (page 5/9)
[5]
“After conferring with you, I met the Council of
the Caughnawaga Band, and discussed the Reserve matter.
The discussion confirmed the views I have already expressed.
The Indians are determined to insist upon their right to
the Reserve and to keep the question in the front. They
had evidently concluded to send a number of their people
to Doncaster to take up land and thus demonstrate that they
were in a position to make use of the Reserve and compel
us to deal with the trespassers. They were in no mind to
desist from their course. Signs of general disaffection
were apparent. The Agent considered useless to go on
with the discussion. I succeeded in getting a majority
of the Council with me, but so strong is the feeling in the
Band that the members of the Council would not commit
themselves formally until the general meeting called for the
afternoon was assembled and action could be taken in
the presence of all. After the adjournment I met the
Council with the members of the Band and resumed the dis-
cussion. A definite statement of the Government’s policy
was demanded from me and old questions were raked up.
I replied that I was in a position to state frankly to them
that you were impressed by the school proposal, that it
was a matter, however, that had to be submitted to the
Cabinet, and that no one could commit the Administration
in advance. After giving an assurance that the proposal
would not be shelved but would be duly and seriously con-
sidered, and pledging my word to give my personal attention
to assisting in having the matter dealt with, the Council...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
330
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 70 (page 6/9)
[6]
“ ... passed the Resolution attached hereto (B) agreeing that
the Caughnawaga Band shall not exercise their right to the
Doncaster Reserve during the present year in order to give
time for the consideration and development of a plan to
provide a boarding school on the understanding that the
Caughnawaga Band relinquish their right to the Reserve with
a view to the same being given as a contribution to the
School.
I have conferred with Mr. Scott, the Accountant,
in regard to the financial side of the school question,
and he suggested (see his memo attached “C”) that
$15,000.00 might be taken from the capital of the Province
of Quebec Fund for building. This Fund began in 1860 with
what is described as “a balance” of $15,479,53, and was
added to by an annual Legislative appropriation. In 1870
the appropriation was capitalized and [$30,000.00 ou $80,000.00] put to the
credit of the Fund which then stood, Capital $112,545.72,
Interest, $11,442.00. And notwithstanding the Capitaliza-
tion the appropriation was continued. The Fund was charged
with salaries of missionaries and teachers in Lower Canada.
But there was an Indian School Fund and it was considered
that teacher’s salaries should be charged of it and
accordingly they were transferred by order in Council
from the former to the latter fund $58.080.000 which at
5% yielded sufficient to meet the transferred charge of
teachers salaries. The School Fund was wiped out in the
readjustment of Indian Funds made by Order in Council some
years ago, and the $58,080.00 was transferred back to the
Province of Quebec Fund. Its actual Capital now is
$79,080.00. Tue interest is only charged with the salaries...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
331
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 71 (page 7/9)
[7]
“ ... of three Missionaries and each year the balance goes to
Capital with a view to bringing it to the old figure of
$107,000.00 and put it in a position to bear charges for
relief that are now met out of Consolidated Revenue.
It will be seen that the practice warrants this
and other such funds being dealt with by Order in Council
for proper Indian purposes without any special statutory
authority. It is a question of policy whether a part of
the Capital of this particular fund should be used
for an Indian Boarding School in Quebec. Fifty eight
thousand dollars of it having once been transferred for
educational purposes and only returned because of a general
readjustment shows that education was regarded as a proper
object of expenditure. Taking the suggested amount from
capital will delay the recouping of the fund, but there is
a question as to whether it is not wiser 27 to use Capital
for education than to lay it up to produce in future revenue
for relief. We should be looking for the day when permanent
provision for relief to Indians would not be required.
If the building were provided out of Indian funds
a yearly Parliamentary appropriation for maintenance would
be necessary. We now make the following provision for
boarding schools in Ontario:
60 pupils at $60.00 per capita at the Shinwauk
Home (Church of England) - $3600.00
100 pupils at $60.00 at the Mount Elgin Institute
(Methodist) - $6000.00 ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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332
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 72 (page 8/9)
[8]
“ ... 91 pupils at the Mohawk Institute (Church of
England) at $60.00 = $5400.00
120 pupils at the Wikwemikong School (Roman
Catholic) at $60.00 = $7200.00
We would have to provide for not less than 100
pupils at $60.00 at the proposed school.
I am convinced that practical education opens
the only road to the permanent advancement of the Indians,
and that boarding schools, in which certain manual training
and farming and domestic work are important features, are
the best means of educating Indian children on right lines.
I consider that it is contrary to good policy
to have a large number of Iroquois Indians in
schools in the United States. They come back with the idea that better
provision is made for their race on that side of the line
than on this, and become disturbing elements. It is in the
public interest that the Iroquois should be made contented
and advanced. The fact that they desire a school and are
ready to contribute to it is a good sign, and I feel that
the necessary expenditure would be justified by results.
The Doncaster Reserve is held jointly by the
Iroquois of Caughnawaga and Oka. The population of
Caughnawaga id about 2,000, and of Oka some 450. Not all
of the 450 claim to be Iroquois however; and only the Iroquois
have a right to Doncaster. Opinion at Caughnawaga affects
opinion at Oka, and as a question of surrender is decided
by a majority vote of the joint owners, Caughnawaga con- ...”
Pages 72 (page 9/9)
[9]
“ ...trols the situation. We need not, therefore, fear that a scheme of settlement will be blocked
at Oka. J.A. McKenna.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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333
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 74 (page 1/2) On 8 October 1902, Indian Affairs Superintendent Clifford Sifton exposes to
his Secretary, James Andrew McKenna, Private Secretary of superintendent general, that the
Caughnawaga Band is taking a year off the schedules of the Doncaster’s occupation in order to
focus on the transfers organised of their children to certain Residential School, as exposed in his
previous report through the previous pages 232-239 exposing passed the Resolution attached
hereto (B) agreeing that the Caughnawaga Band shall not exercise their right to the
Doncaster Reserve during the present year in order to give time for the consideration and
development of a plan to provide a boarding school [...])
“Ottawa, 8th October, 1903.
Dear Mr. McKenna:-
I return your report respecting the Doncaster
Reserve and the Resolution of the Caughnawaga Council to
the effect that the Band would not during the present year
exercise their right to the Reserve in order to give time
for the consideration and development of a plan to provide
a boarding School on the understanding that the Caughnawaga
Band relinquish their right to the Reserve with a view to
the same being given as a contribution to the School. You
will remember that I stated to you that I was favorably
impressed by the School proposal but that the matter was
one which would have to be submitted to the Cabinet. I have
done so, and after consideration of your report, it has
been decided to provide the establishment of the desired
School on the implementing the Resolution by a
formal surrender of the Reserve. I therefore desire you to...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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334
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 75 (page 2/2) On 8 October 1902, Indian Affairs Superintendent Clifford Sifton exposes to
his Secretary, James Andrew McKenna, Private Secretary of superintendent general, that the
Caughnawaga Band is taking a year off the schedules of the Doncaster’s occupation in order to
focus on the transfers organised of their children to certain Residential School, as exposed in his
previous report through the previous pages 232-239 exposing passed the Resolution attached
hereto (B) agreeing that the Caughnawaga Band shall not exercise their right to the Doncaster
Reserve during the present year in order to give time for the consideration and development of a
plan to provide a boarding school. [...]”
“... arrange to meet at as early a date as possible the Council
of the Caughnawaga Band to advise them of this decision and
to arrange for the taking of the surrender. I further
desire you should enquire and report upon site for
the school and have plans ans estimates prepared. The
suggestion as to the use of a portion of the Capital of
the Province if Quebec Fund for the School building is concurred
in, and at the proper time you are to prepare
the necessary recommendation to Council to that end.
Yours faithfully,
Clifford Sifton.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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335
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 76 (page 1/3) On 11 October 1902, Andrew McKenna, Private Secretary of
Superintendent General exposes that the previous proposal suggested by the Band of the
Caughnawaga and aimed for in the Spring, on 12 May 1902, “in favor of relinquishing the
Doncaster Reserve for a School is not as strong as in the spring.” But he succeeded in keeping
the delay until the end of the year.
“Ottawa, 11th October, 1902.
Sir:-
In accordance with your instructions I met the
Council of the Caughnawaga Band yesterday. I fear the
feeling in favor of relinquishing the Doncaster Reserve
for a School is not as strong as in the spring. The
reactionists have not been idle. The Chief Councillor
attempted to complicate the issue by making several ques-
tions interdependent; but I succeeded in keeping the
Council to the resolution passed in May last. They
arranged for the calling of a meeting of the voting members
of the Band on the 25th instant for the purpose of submit-
ting under the provisions of the Indian Act the question of
the surrender of the Doncaster Reserve with a view to its
being disposed of and proceeds used for the purposes of
a boarding school. It was asked that the school be
exclusively for the use of the Iroquois of Caughnawaga and...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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336
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 77 (page 2/3) On 11 October 1902, Andrew McKenna, Private Secretary of
Superintendent General exposes that the previous proposal suggested by the Band of the
Caughnawaga and aimed for in the Spring, on 12 May 1902, “in favor of relinquishing the
Doncaster Reserve for a School is not as strong as in the spring.” But he succeeded in keeping
the delay until the end of the year.
“ ... Oka the joint owners of the Doncaster Reserve. I replied
that the School would be for the Indians of the Province
of Quebec and that the further we could go would be to
agree that the Iroquois children should be given the first
(up to the school’s capacity)
right to admission: that is, that we would take all
eligible Iroquois children for whom admission was desired,
and that vacancies would then be filled from other bands.
This was satisfactory to the Council. It was strongly
urged that the school should be on Nuns Island, which the
Indians claim as part of their Reserve though the
Department does not consider it. The Island appears to
be held by a religious community and has a valuable buildings
and improvements on it. I advise that it was unwise to
complicate the matter by introducing a difficult question
of title, and a length it was agreed that, if after invest-
igation the Department found that there was no ground for
the claim to Nuns Island, the school should be placed on
another site within a convenient distance. The opinion was...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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337
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 78 (page 3/3) On 11 October 1902, Andrew McKenna, Private Secretary of
Superintendent General of Indian Affairs exposes that the previous proposal suggested by the
Band of the Caughnawaga and aimed for in the Spring, on 12 May 1902, “in favor of
relinquishing the Doncaster Reserve for a School is not as strong as in the spring.” But he
succeeded in keeping the delay until the end of the year.
“ ... that the school should have
accommodation for at least 200 children.
I shall arrange for taking up the question
with the Iroquois of Oka.
I saw Mr Prefontaine who communicated with me
on behalf of the squatters on the Doncaster Reserve; told
him that the Council of the Band stood by its agreement
not to interfere with the squatters pending the consire-
tion and disposal of the proposal to relinquish the Reserve
for a school, and that if the Indians at the meeting called
for the 25th instant refused to surrender the Reserve we
would promptly consider the measures to be adopted to
remedy the state of affairs at Doncaster.
Your obedient servant,
J.A. McKenna.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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338
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 79 a note by Perillard, Indian Agent in the Department of Indian Affairs:
“Census 1901 Oka
117 male Iroquois
Over 21
Census 1901 Caughnawaga
547 males over 21.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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339
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 80 -On 16 October 1902, Samuel Stewart Assistant Secretary of Indian Affairs (who
became Keeper of the records in 1905) exposed to his superior that an arrangement has been
made for the purpose of the Band of Caughnawaga linked with the Doncaster’s surrendering
questions as well as the kids Boarding School.
“Ottawa, 16th October, 1902.
Sir:-
I am directed to inform you that an arrangement
has been made for the holding of a meeting of the Iroquois
of Caughnawaga for the purpose of considering the question
of surrendering their rights to the Doncaster Reserve, the
same to be disposed of and the proceeds given as a con-
tribution to a Boarding School to be provided, in which
School to Iroquois children shall be recognised as having
the first right to admission up to the School’s capacity.
I am to request you to inform the Iroquois of Oka, who have
also an interest in the Doncaster Reserve, that is pur-
posed, should the Iroquois of Caughnawaga agree to the
surrender of the Reserve, to summon meeting of the
Iroquois of Oka for the purpose of submitting the question
to them.
Your obedient servant,
S. Stewart.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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340
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 81 Single hand written note partly unreadable, mentioning:
“be used
for the purpose of
a boarding school for Indian
children to be “promoted within
convenient distance of Oka
and to have accommodations
for at least two hundred
children, to which school
the children of the Iroquois
Indians for whom the said Reserve
was set aside “male” have the
.... regret to ...”
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341
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 82 On 22 October 1902, Law Clerk of Indian Affairs, Reginald Rimmer sent a letter to
Andrew McKenna, Private Secretary of Superintendent General of Indian Affairs exposing:
“ Ottawa, 22nd October 1902.
Sir McKenna:-
Herewith I send you surrender of Doncaster
Reserve with affidavit attached prepared in duplicate for
execution and authority to attend Council of the Band
prepared for signature of the Superintendent General.
x Reginald Rimmer
Law Clerk”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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342
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 83 Journal The Star (The Montreal Star), Saturday October 11, 1902.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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343
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 83 Journal The Star (The Montreal Star), Saturday October 11, 1902 (Enlarged)
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344
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 84 Journal Herald 3 October 1902.
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345
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 84 Journal Herald 3 October 1902.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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346
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 85
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347
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 86 (page 1/3)On 20 August 1902, Indian Affairs Superintendent Clifford Sifton writes to
his Assistant Indian Commissionaire James Andrew McKenna, suggesting the proper formula
for the Chief and voters of Caughnawaga to submit and abandon Doncaster for a residential
school, suggested by Ottawa. Only male members aged 21 and older were allowed to vote in
Band Councils in Canada until 1951.
To
James Andrew Joseph McKenna, Esquire
Assistant Indian Commissioner,
For Manitoba, Keewatin and the
Northwest Territories.
Pursuant to the provision of Section 39 of the
Indian Act, Chapter 43 of the Revised Statutes of Canada
I, the undersigned, do hereby authorise you to attend a
meeting of Council of the Iroquois of Caughnawaga (some-
times called the Iroquois of Sault Saint Louis) band of
Indians summoned according to the rules of the said band
for this purpose of considering the question of release or
surrender of the Doncaster Indian Reserve by the said band
to the Crown in accordance with the said Act and of assent-
ing to such release or surrender if so decides by a majority
of the male members at the said band of full age of
twenty-one years at the said meeting or Council.
Witness my hand and seal this day
Of October. A. D., 1902 at the City of Ottawa
X Clifford Sifton.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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348
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 87 (page 2/3)On 20 August 1902, Indian Affairs Superintendent Clifford Sifton writes to
his Assistant Indian Commissionaire James Andrew McKenna, suggesting the proper formula
for the Chief and voters of Caughnawaga to submit and abandon Doncaster for a residential
school, suggested by Ottawa. Only male members aged 21 and older were allowed to vote in
Band Councils in Canada until 1951.
“KNOW ALL MEN BY THESE PRESENTS
THAT WE, the undersigned Chief and Principal men of the
( or sometimes called the Iroquois of Sault Saint Louis)
Iroquois of Caughnawaga, Band of Indians resident on
our Reserve at Caughnawaga in the County of Laprairie in
the Province of Quebec and Dominion of Canada, for and
acting on behalf of the whole people of our said Band in
Council assembled, DO hereby release, remise, surrender,
quit and yield up unto OUR SOVEREIGN LORD THE KING, his
Heirs and Successors forever, ALL AND SINGULAR, that cer-
tain parcel or tract of land and premises, situate, lying
and being in the township of Doncaster in the County of
Montcalm and Province of Quebec containing by admeasurement
eighteen thousand five hundred acres be the same more or
less and being composed of the Doncaster Indian Reserve in
the Township and County aforesaid which said reserve is
delineated in a plan of record in the Department of Indian
th
Affairs, dated 20 February, 1858 signed by Andrew Russel
Assistant Commissioner of Crown Lands.
TO HAVE AND TO HOLD the same unto His said Majesty
the King, his heirs and Successors forever, in trust to
dispose of, sell, alienate or lease the same in such manner
and upon such term as the Government of the Dominion of
Canada may deem most conductive to the purposes hereinafter
mentioned and upon the further condition that all moneys
received from the disposition, sale, alienation or lease
thereof shall after deducting the usual proportion for ex-
pences of management be applied by the said Government in
defraying or by way of contribution to the cost of
a boarding school for indian children
hereafter to be erected under direction of the said Govern-
ment...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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349
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 88 (page 3/3) On 20 August 1902, Indian Affairs Superintendent Clifford Sifton writes to
his Assistant Indian Commissionaire James Andrew McKenna, suggesting the proper formula
for the Chief and voters of Caughnawaga to submit and abandon Doncaster for a residential
school, suggested by Ottawa. Only male members aged 21 and older were allowed to vote in
Band Councils in Canada until 1951.
“... and the costs of construction, maintenance and repairs of
the said school and the conduct thereof and the maintenance
and education of the children attending the same Provideo
always that such school shall be situate in the Province
of Quebec within convenient distance of Caughnawaga and
Oka both in the said Province and shall have accommodation
for at least two hundred children and provided also that
all applicants for admission to the said school who are
children of Iroquois Indians of Caughnawaga or of the Lake of
Two Mountains shall have a prior right over all other children
to admission to and maintenance and education at the said
school so long as any vacancy thereat continues.
And we the said Chief and principal men of the
said Iroquois of Caughnawaga Band of Indians do on
behalf of our own people and for ourselves hereby ratify and
confirm, whatever the said Government may do, or cause
to be lawfully done in connection with the disposition,
sale, alienation or lease of the lands hereby surrendered
or any part thereof.
IN WITNESS WHEREOF, we have hereunto set our hands
and affixed our seals this (blank) day of (blank)
in the year of Our Lord one thousand nine hundred and
Signed, sealed and delivered )
)
in presence of)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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350
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Amable Roussin: segregationist between Oka and Caughnawaga 1902
On 22 October 1902, Great Chief of Two Mountains-Oka Amable Roussin exposes that on behalf
of the Caughnawaga Indians, the Indians of Oka do not wish to sell Doncaster or have a
residential school, co-signed with Joseph Perillard, Indian Agent.
Even more, in Oka, on 22 October 1902 in a letter entitled “Opinion of the Iroquois of Oka on the
request made by the department of Indian Affairs, Ottawa, to them.” by the Indian Agent
Joseph Perillard to the Honorable Superintendant general of Indian Affairs Ottawa:
“Sir, In reply to your request of the 14th Oct 1902, I beg to say that after an
interview with the Iroquois of the Oka Reserve not one of them wanted to
surrender for the erection of a college in common with the Iroquois of
Caughnawaga, moreover, they do not want to sell nor to get rid of their reserve of
Doncaster. They want to keep this reserve for the future.
Joseph Périllard
Indian Agent.”
On 28 October 1902, the Indian Agent Joseph Perillard explained that the Iroquois Chief of Two
Mountains, Amable Roussin “makes a lot of noise” with a letter in English, that according to
Roussin, would expose that the Reserve Doncaster is only entitling the Indians of Two
Mountains.
The document that Amable Roussin presented to the Indian Agent Joseph Perillard was a letter
from 17 June 1839 exposing a letter from John Stewart, Chairman at the Council Chamber on 17
June 1839. The document exposed previous claims petitioned by previous other Native Bands of
this period, including the Iroquois, Algonquins and Nipissings of Two Mountains.
The letter exposed a description of the history of the Seminary’s possession of “The Iroquois,
Algonquins and the Nipissings, collected under the care of the priests of the Seminary of
Montreal et Lake of Two Mountains are forming altogether a population of 864 souls, have no
land in their actual possession, except about 260 acres of sterile soil, which they occupy by
permission of the Seminary, the possessors of the seigniory.”
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351
The hunting grounds granted after they supported the French against the English in the Seven
Years' War (1754–1763) and after they formed the northern part alliance of the British-
led Aboriginal militia that fought the United States in the American Revolutionary War and
the War of 1812 were grounds located on the Ottawa River.
The letter kept on by exposing other petitions which lead to other disputes for other nation’s
hunting grounds, and such petitioners are exposed as:
“These petitioners now appeal to the terms of the Royal Proclamation of 1763,
and it appears to the committee that as the Act of State has been considered
sufficient to guarantee to the Iroquois of St. Regis the possession of their present
reservation, to which it is stated that they had no other rights than as a part of
their ancient hunting ground, the Algonquins and Nipissings tribes may have some
grounds to complain if they are deprived of the benefit of the same protection for
their claims.”
Also, below, it wrote:
“The committee, however, conceive that the claims of these, and indeed of all the
Indian tribes, in respect of their former territorial possessions, are at the present
day to be resolved into an equitable right to be compensated for the loss of the
lands from which in former times they derived their subsistence, and which may
have been taken by the Government for purposes of settlements and that the
measure of such compensations should be to place and maintain them in a
condition of at least equal advantage with that which they would have enjoyed in
their former state.”
Then, after hearing the theories of Amable Roussin, the Secretary of Indian Affairs J.D. McLean
answered back in a letter on 4 November 1902 to Joseph Perillard to clarify the context of the
time period in which the creation of reserves granted for Indians were managed, contradicting
Amable Roussin’s speculations.
Note that Amable Roussin was often encountered in several precedent court cases against the
Seminary of St. Sulpice claiming justice for the Mohawks, Algonquins and Nipissing in order to
set the unfair land jurisdictions and measures of the Lordship of Two Mountains granted by the
King.
In the records of proceeding which exposed the creation of the Two Mountains Lordship and the
steps to its grant by the King, from 1717 to 1721, in most correspondences and official
documents it was mentioned in these or similar terms: “when the savages will abandon their
lands, this one will also return to the King” exposing the difference between a reserve and a
Crown Land. Up to the present days, this complex ownership of the land remains extraordinary.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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352
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 89 On 22 October 1902, Great Chief of Two Mountains-Oka Amable Roussin exposes that
on behalf of the Caughnawaga Indians, the Indians of Oka do not wish to sell Doncaster or have
a residential school, co-signed with Joseph Perillard, Indian Agent.
“Oka, 22 oct 1902
Opinion des sauvages Iroquois d’Oka sur la
demande faite à eu par le département des
affaires des indiens d’Ottawa.
L’Honorable
Surintendant général
des affaires des sauvages
Ottawa
Monsieur,
En réponse à votre demande
du 14 oct 1902, Voici d’après une
entrevue avec les Iroquois de la réserve
d’Oka nous ne voulong pas aucune
annexation pour l’Érection d’un colège
en commun avec les Iroquois de Caughna-
waga, de plus nous ne voulong pas vendre
ni nous défaire de notre réserve de Doncaster
nous voulong conserver cette Réserve
pour l’avenir.
Témoin signé
(Witness) (Signed)
Chef Amable Roussin
Joseph Périllard
Agent des Indiens.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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353
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 90 On 22 October 1902, Great Chief of Two Mountains-Oka Amable Roussin exposes that
on behalf of the Caughnawaga Indians, the Indians of Oka do not wish to sell Doncaster or have
a residential school, co-signed with Joseph Perillard, Indian Agent. –TRANSLATION-
“Oka, 22 oct 1902
Opinion of the Iroquois of Oka on the request made by the
department of Indian Affairs, Ottawa, to them.
The Honorable Superintendant general
Of Indian Affairs
Ottawa.
Sir :-,
In reply to your request of the 14th Oct 1902,
I beg to say that after an interview with the Iroquois of the
Oka Reserve not one of them wanted to surrender for the erection
of a college in common with the Iroquois of Caughnawaga, more-
over, they do not want to sell nor to get rid of their reserve
of Doncaster. They want to keep this reserve for the future.
Joseph Périllard
Indian Agent.
Witness (Signed)
Chef Amable Roussin”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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354
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
25 October 1902, vote made against the surrender of Doncaster
in exchange for a residential schools
A powerful democratic vote result was rendered in Caughnawaga by males, major members,
which exposed: only 5, those “in favor of endeavor” and 74 others, “those against.”
On 23 October 1902, Assistant Indian Commissionaire James Andrew McKenna writes to his
Superior, the Indian Affairs Superintendent Clifford Sifton, citing the telegram received the same
day from Indian Agent J.A. Macrae which went as: “Am advised here that Caughnawaga general
Council may at present go against McKennas plan for disposing of Doncaster reserve going to
absence of progressive Indians it might be discreet to postpone Council of twenty fifth until
return of such Indians.”
Even more developments, from a letter from Smith, Markey & Montgomery Advocates, from
Montreal on 27 October 1902 to the Superintendent General of Indian Affairs exposing that:
“Indians from Caughnawaga and also Indians residing in the Township of Doncaster who desire
to take proceedings for the ejectment of a number of squatters” and that legal procedures are
opened.
On 25 October 1902, a document-letter states that :
“At a meeting of the Iroquois tribe residing in the Caughnawaga Indian Reserve, Canada,
The question of surrendering their share in the Doncaster Reserve as their contribution to the
erection of a boarding school for 200 of their children at or near the said Reserve was
voted upon held at Council room Caughnawaga on 25th Oct., 1902,[...]”
Only 5, those “in favor of endeavor” of surrendering Doncaster the residential school and 74
others, were qualified as “those against”, which led to the eventual updates for the surveying of
the land of Doncaster in order to reset the original measurements by the Surveyor Bray, which
will be the next theme encountered.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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355
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 91 Telegraph of 23 October 1902 from Indian Agent J.A. Macrae then in Campbelton New
Brunswick to his superior, Indian Affairs Superintendent Clifford Sifton.
“Am advised here that Caughnawaga general
Council may at present go against
McKennas plan for disposing of Doncaster
reserve going to absence of progressive
Indians it might be discreet to
postpone Council of twenty fifth until
return of such indians
J.A McRae.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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356
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 92(page 1/2) On 23 October 1902, Assistant Indian Commissionaire James Andrew
McKenna writes to his Superior, the Indian Affairs Superintendent Clifford Sifton, citing the
telegram received the same day from Indian Agent J.A. Macrae which went as: “Am advised
here that Caughnawaga general Council may at present go against McKennas plan for disposing
of Doncaster reserve going to absence of progressive Indians it might be discreet to postpone
Council of twenty fifth until return of such Indians.”
Doc 34070
“Ottawa, 23rd October, 1902
Sir Sifton:-
What Mr. McRae states in his telegram is not news
to me. I had learned probably sooner than Mr. McRea that
since the date of the meeting of the Band was fixed quite
a number of younger men of the Band had gone to work at
the shanties, and knew that thus the chances of securing
a surrender were lessened. I have also today a letter from
the Agent advising me that he greatly fears that the
Indians will vote against the surrender. I do not however
consider that it would be good policy to postpone the meet-
ing as suggested by Mr. McRae. When I attended the meeting
of the Council last Friday I found that the Chief’s attitude
of opposition had gained strength from the delay which
occured between the affecting of the arrangement
in the spring and the section taken last Friday with
a view to having it carried out, and the fact that in
the meantime the Department had officially declared itself
against the school. However the date was fixed with the
Council and notice issued in accordance with the Regula-
tions of the Band as provided by the Indian Act, and it is
questionable whether the Department has the right to post-
pone such a meeting. I come to the conclusion that the
best course to follow was to have the meeting as arranged
on te 25th, to attend, do the best I could to secure a...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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357
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 93 (page 2/2) On 23 October 1902, Assistant Indian Commissionaire James Andrew
McKenna writes to his Superior, the Indian Affairs Superintendent Clifford Sifton, citing the
telegram received the same day from Indian Agent J.A. Macrae which went as: “Am advised
here that Caughnawaga general Council may at present go against McKennas plan for disposing
of Doncaster reserve going to absence of progressive Indians it might be discreet to postpone
Council of twenty fifth until return of such Indians.”
“... surrender, and, if I found they were likely to refuse, to
endeavor to get the Indians then postpone voting on
the question until there was time for further consideration
and another meeting assembled.
I did not feel I would be warranted in troubling
you with the matter and therefore did not mention it to
you.
J.A. McKenna.”
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358
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 94 (page 1/2)Letter from Smith, Markey & Montgomery Advocates, from Montreal on 27
October 1902 to the Superintendent General of Indian Affairs exposing that: “Indians from
Caughnawaga and also Indians residing in the Township of Doncaster who desire to take
proceedings for the ejectment of a number of squatters” and that legal procedures are opened.
“Smith, Markey & Montgomery
Advocates Temple Building
th
185 St. James Street
Montreal, Oct. 27th 1902
Dear Sir:-
We have been consulted by some Indians from
Caughnawaga and also Indians residing in the
Township of Doncaster who desire to take proceedings
for the ejectment of a number of squatters who, they
allege, have taken possession of portions of this re-
servation in Doncaster and are cutting down and sell-
ing the wood from it, According to the plan in their
possession this reservation, consisting of 185000 acres
and forming the First to the Sixth ranges inclusive, of
the township appears to have been appropriated as an
Indian Reservation on the 20th of February 1858. We
have advised them that any complaint which they have
ought to be made to your Department , and they have
asked us to write drawing your attention to the mat-
ter. They did not communicate to the names of the
alleged trespassers, but we understand that they have...”
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359
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 95 (page 2/2)Letter from Smith, Markey & Montgomery Advocates, from Montreal on 27
October 1902 to the Superintendent General of Indian Affairs exposing that: “Indians from
Caughnawaga and also Indians residing in the Township of Doncaster who desire to take
proceedings for the ejectment of a number of squatters” and that legal procedures are opened.
“... already given information to your Department, both
as to the names of the intruders, and the particulars lo-
calities where they have settled.
We are Sir,
Your truly
Smith, Markey & Montgomery”
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360
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 96 Letter from John D. McLean, Secretary of the Department of Indian Affairs answering
on 30 October 1902 to Smith, Markey & Montgomery Advocates.
“Ottawa, 30th October, 1901.
Gentlemen:-
Referring to your letter of the 27th instant’
relating to the desire of Indians from Caughnawaga and
Doncaster for the ejectment of squatters from the Don-
caster Reserve, I have to inform you that the matter
is being thoroughly investigated and will receive careful
consideration.
Your obedient servant,
J.D. MacLean
Secretary.”
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361
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 97 Law Clerk of Indian Affairs, Reginald Rimmer answering to the Secretary of Indian
Affairs J.D. MacLean concerning the letters from the lawyers.
“Mr. McKenna:-
Herewith, I send file 34, 070 Ty. with
letter of 27th instant from Messrs. Smith, Markey & Mont-
gomery and Department’s reply of to day for your informa-
tion in connection with Doncaster Case, As I understand
the whole matter of surrender or the alternative of eject-
ment of squatters has received consideration of the Min-
ister and is likely to receive further consideration on
your report, I cannot well take present action: but
must await the Minister’s decision. Please note the contents
of the letter and return file, in order to save
the necessity of more temporary files.
x Reginald Rimmer.”
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362
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 98-99-100 containing the original and stamped letter as observed on the previous pages
86-88 from 20 August 1902, suggesting the proper formula for the Chief and voters of
Caughnawaga to submit and abandon Doncaster for a residential school, suggested by Ottawa.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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363
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 98-99-100 containing the original and stamped letter as observed on the previous pages
86-88 from 20 August 1902, suggesting the proper formula for the Chief and voters of
Caughnawaga to submit and abandon Doncaster for a residential school, suggested by Ottawa.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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364
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 101 to 106, start with a copy of the 3 previous pages: Page 98-99-100 containing the
original and stamped letter as also observed on the previous pages 86-88 from 20 August 1902,
suggesting the proper formula for the Chief and voters of Caughnawaga to submit and abandon
Doncaster for a residential school, suggested by Ottawa.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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365
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 107- On 25 October 1902, a document-letter states that :
“At a meeting of the Iroquois tribe residing in
the Caughnawaga Indian Reserve, Canada,
The question of surrendering their share in the
Doncaster Reserve as their contribution to the
erection of a boarding school for 200 of their
children at or near the said Reserve was
voted upon held at Council room Caughnawaga on 25th Oct., 1902,
the said school to be erected and maintained on the ...(unreadable)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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366
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 106-107- On 25 October 1902, below the previous statement, the names of only 5, those
“in favor of endeavor” and 74 others, “those against” were exposed as:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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367
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 106-107- On 25 October 1902, below the previous statement, the names of only 5, those
“in favor of endeavor” and 74 others, “those against” were exposed on the last page of the
petition as “Against, not in favor”:
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368
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 108 A note exposing the sum up of the meeting held on 25th October 1902:
“Voting closed at 4.⁴⁵ pm
in farm of those refrain to
surrender the Reserve of Doncaster
these being no more votes offered
x J. Warriente Jocks
Acting clerk of poll.”
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369
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 109 (original of the copy observed on page 86 of this reel )On 20 August 1902, Indian
Affairs Superintendent Clifford Sifton writes to his Assistant Indian Commissionaire James
Andrew McKenna, suggesting the proper formula for the Chief and voters of Caughnawaga to
submit and abandon Doncaster for a residential school, suggested by Ottawa. Only male
members aged 21 and older were allowed to vote in Band Councils in Canada until 1951.
To
James Andrew Joseph McKenna, Esquire
Assistant Indian Commissioner,
For Manitoba, Keewatin and the
Northwest Territories.
Pursuant to the provision of Section 39 of the
Indian Act, Chapter 43 of the Revised Statutes of Canada
I, the undersigned, do hereby authorise you to attend a
meeting of Council of the Iroquois of Caughnawaga (some-
times called the Iroquois of Sault Saint Louis) band of
Indians summoned according to the rules of the said band
for this purpose of considering the question of release or
surrender of the Doncaster Indian Reserve by the said band
to the Crown in accordance with the said Act and of assent-
ing to such release or surrender if so decides by a majority
of the male members at the said band of full age of
twenty-one years at the said meeting or Council.
Witness my hand and seal this day
Of October. A. D., 1902 at the City of Ottawa
X Clifford Sifton
Superintendent General of Indian Affairs.”
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370
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 110 On 28 October 1902, the Indian Agent Joseph Perillard explain that the Iroquois Chief
of Two Mountains, Amable Roussin “makes a lot of noise” with a letter in English, that
according to Roussin, would expose that the Reserve Doncaster is only entitling the Indians of
Two Mountains.
“Joseph Perillard Oka, 28 Oct 1902.
The Honorable
Superintendent General
Of Indian Affairs,
Ottawa.
Sir,
I am sending you, included here, a
document concerning the Reserve
of Doncaster, from which the Chief Amable
Roussin who begged me to send it
to the Department in order to examine its
content.
The Chief Roussin is pretending that the
Iroquois of Caughnawaga have no
rights at all i this reserve.
Since I do not know enough English,
to explain its content, I am asking
to the department to expose to me the content
of this piece since I understand better the
block letters. Chief Roussin makes
a lot of noise with this document.
Your obedient servant
Joseph Perillard,
Indian Agent.”
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371
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 111-116 The document that Amable Roussin presented to the Indian Agent Joseph
Perillard was a letter from 17 June 1839 exposing a letter from John Stewart, Chairman at the
Council Chamber on 17 June 1839. The document exposed previous claims petitioned by
previous other Native Bands of this period, including the Iroquois, Algonquins and Nipissings of
Two Mountains. (Here, picture of the original document on reel; next pages are transcriptions)
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372
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 111-116 The document that Amable Roussin presented to the Indian Agent Joseph
Perillard was a letter from 17 June 1839 exposing a letter from John Stewart, Chairman at the
Council Chamber on 17 June 1839. The document exposed previous claims petitioned by
previous other Native Bands of this period, including the Iroquois, Algonquins and Nipissings of
Two Mountains. (Transcriptions)
Source: Indian Treaties and Surrenders, from 1680-1890: In Two Volumes, Volume 1, Editor, Chamberlain,
49
Printer of the Queen’s most Excellent Majesty, Ottawa, 1891.
49
Indian Treaties and Surrenders, from 1680-1890: In Two Volumes, Volume 1, Editor, Chamberlain,
Printer of the Queen’s most Excellent Majesty, Ottawa, 1891.
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373
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 111-116 Here a description of the history of the Seminary’s possession of “The Iroquois,
Algonquins and the Nipissings, collected under the care of the priests of the Seminary of
Montreal et Lake of Two Mountains are forming altogether a population of 864 souls, have no
land in their actual possession, except about 260 acres of sterile soil, which they occupy by
permission of the Seminary, the possessors of the seigniory.”
The hunting grounds granted after they supported the French against the English in the Seven
Years' War (1754–1763) and after they formed the northern part alliance of the British-
led Aboriginal militia that fought the United States in the American Revolutionary War and
the War of 1812 were grounds located on the Ottawa River.
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374
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 111-116 Other petitions lead to other disputes for other nation’s hunting grounds, and
such petitioners are exposed as: “These petitioners now appeal to the terms of the Royal
Proclamation of 1763, and it appears to the committee that as the Act of State has been
considered sufficient to guarantee to the Iroquois of St. Regis the possession of their present
reservation, to which it is stated that they had no other rights than as a part of their ancient
hunting ground, the Algonquins and Nipissings tribes may have some grounds to complain if they
are deprived of the benefit of the same protection for their claims.”
Also, below, it writes: “The committee, however, conceive that the claims of these, and indeed of
all the Indian tribes, in respect of their former territorial possessions, are at the present day to be
resolved into an equitable right to be compensated for the loss of the lands from which in former
times they derived their subsistence, and which may have been taken by the Government for
purposes of settlements and that the measure of such compensation [...]”
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375
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 111-116 “[...]compensations should be to place and maintain them in a condition of at
least equal advantage with that which they would have enjoyed in their former state.”
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376
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 118 (117 was the translation of page 110 of the Indian Agent Perillard about Amable
Roussin.) Secretary of Indian Affairs J.D. McLean answering in a letter on 4 November 1902 to
Joseph Perillard to clarify the context of the time period in which the creation of reserves
granted for Indians were managed, contradicting Amable Roussin’s speculations.
“Ottawa, 4th November, 1902.
Sir:-
In reply to your letter of the
25th alt., inclosing a document which was handed
you by Chief Amable Roussin, I have to point cut
that whatever may have been the intention of the
Government at the time of the report of Council
referred to in your letter, it was not until 1851
that an act was passed authorising the appropria-
tion of land in Quebec for the purpose of the Indian
reserves, and that by a subsequent Order in Coun-
cil in 1853 the Doncaster Reserve was appropriate-
ed to the Iroquois of Caughnawaga and Oka and
that, consequently, ther appears to be no
ground for the contention that the Doncaster re-
serve is the property only if the Iroquois of
Oka.
Your obedient servant
J.D. McLean
Secretary”
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377
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 119 Letter from Joseph Perillard from 10 November 1902 to his Surintendent General
Clifford Sifton concerning the speculations brought apart by Amable Roussin.
“Oka, 10 Nov. 1902
Sir,
Referring
To your letter of the 4th November
Instant.
The Chief Amable Roussin
asks if the Department
will be good enough to send him
a copy of the document for the
Doncaster Reserve made in 1856.
You, &C
Joseph Perillard,
Indian Agent.”
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378
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 120 a correction to be made is mentioned by George M. Matheson (who was employed in
the Records Branch of the Department of Indian Affairs from 1888 until his retirement as head
registrar in 1936.) to Scott Stewart, Indian Affairs Secretary on 13 November 1902 concerning
precisions about the Creation of Reserves in 1853 put in action on 1856.
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379
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 121 a confirmation of the correction to be made is mentioned by Scott Stewart, Indian
Affairs Secretary on 17 November 1902 to Perillard, Indian Agent concerning the Creation of
Reserves in 1853 put in action on 1856.
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380
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 122 a confirmation of the Secretary of Indian Affairs J.D. McLean answering in a letter on
23 December 1902 to Chief of Oka, Peter Oke to clarify the context of the time period in which
the creation of reserves granted for Indians: 9 August 1853.
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381
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Legal procedure toward surveying and expulsions of the squatters 1902-1905
In a letter from Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the Department
Lands, Mines and Fisheries on 4 August 1902, exposed potential other lands that the Iroquois
could use other than Doncaster, on the maps observed on pages 150-153, in the area of the
Manouan River, to Secretary of Indian Affairs J.D. Maclean.
Also, on page 155 Doc 34070 /2TY, Correspondence from Frank Pedley, Deputy Superintendent
General of Indian Affairs to Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the
Department Lands, Mines and Fisheries, exposing that:
“Western boundaries of the Indian Reserve which comprise the Southeast quarter of the
township of Doncaster require to be retraced and permanently established on the ground.”
It went as: “Sir,- The western boundary of the Indian Reserve which comprise the southeast
quarter of the township of Doncaster, Que., require to be retraced and permanently established
on the ground.
It would appear that this tract of land includes Lots 31 to 40, in ranges 1-2-3-4-5 and 6, and
should be bounded on the west by the Centre Line of the township. On the ground, however, in
one or more of the said concessions, Lot 30 has been laid out to the east of the Centre Line, and
sold by your Department, and is now occupied by the purchasers. It would, therefore, appear
that that the Centre Line is not actually the west boundary of the reserve.
It is thought that this line falls under the operation of Article 4156 of the Revised Statutes of
Quebec and the instructions for the same will require to be issued by the Commissioner of your
Department. I shall fell obliged of you will be good enough to have prepared as soon as possible,
and forward to me the said instructions, which will be given to the Surveyor who may be
appointed. It is presumed that your Department will have no objection to the appointment of any
Surveyor who has been duly authorized for the Province of Quebec. The expense of the survey
will of course be borne by this Department.
Your obedient servant. x L.D. F. Pedley, Deputy Sup. General of Indian Affairs.”
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382
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Legal procedures which led to making the government walking on a thin wire started occurring
after the reception of a letter from Leet & Harvey Lawyer’s cabinet from 30 December 1902 to
Clifford Sifton the Superintendent of Indian Affairs which exposing the vote of the last
Caughnawaga council in which Doncaster obtained majorities in the vote against investments
for the residential schools.
“Leet & Harvey, Temple Building
Advocate, Barristers, As Montreal
December 20th, 1902
TO: Superintendent General of Indian Affairs,
Ottawa, Ont.
Dear Sir,
I have been retained by the Caughnawaga Band of Indians to visit Ottawa and to have a
personal interview with you to interfere to:-
1. Their rights and privileges in reference to the Doncaster Reserve
In this matter some time ago some of the Chiefs came to me and told me that there had
been an election in Caughnawaga in reference to a School house there, which they under-
stood had something to do with waiving their rights in the Doncaster Reserve. They only
came to me after the election had taken place, and told me that one reason why the vote
was as it was, was because the Chiefs of the Band did not fully understand what it meant,
and wished me to find out for hem exactly how the matter stood.
2. As to who should be considered members of the Band.
This particular related to certain people who are residing on the Reserve at Caughnawaga,
and upon this question I have had some communication with your Department already.
They have also told me that the same question has arisen, and is likely to arise to
reference to the Doncaster Reserve.
It should be convenient for me to go up to Ottawa someday next year, if you could make it
convenient to make an appointment for them. If you can comply with this request, and can
make appointment, please let me know as soon as you can,
Yours truly,
Leet & Harvey”
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383
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
On 7 February 1903 J.A.J. McKenna, Commissary and Private Secretary of superintendent
General of Indian Affairs annexed to J.D. McLean, secretary of Indian Affairs a Detailed
Statement of Valuations of improvements of squatters of the Doncaster Indian Reserve, P.Q
from the Chief Surveyor, Samuel Bray, from 22nd April, 1903, which accompanied his report of
the 12th May last in which the statement brought informations about all lands squatted.
As seen previously but also important here, a report from 13 March 1903 about the historical
and legal situation of Doncaster written from the Assistant Secretary of Indian Affairs Samuel
Stewart depicted a complete review of the situation until then, which went as:
“By Statute 14 & 15 Vic., Cha. 106, lands amounting in all to 230,000 acres were set apart for Indian
Tribes in Lower Canada. Of this amount a reserve containing 18,500 acre was granted to the Iroquois
of Caughnawaga and Two Mountains in the Township of Wexford (now Doncaster), County of
Montcalm, and was confirmed to them by Order in Council of 9th August, 1853.
This reserve has never been occupied by the Indians Reports regarding the lands have been made by
Mr. Fillion, Bushranger for the Quebec Crown Lands Department, Mr. Bray, Chief Surveyor, Mr.
McKenna, Assistant Indian Commissioner, Mr. Dingman, Inspector of Reserves, all of whom visited
the reserve and agree in saying that it as well as the surrounding Townships consist of steep, rocky
hills, with practically no plains between them. The soil, it is further stated, is without exception a
sandy loam of medium quality, and no one but those who are willing to work very hard and live very
frugally can possibly make a living in this rough, sandy district.
The value of the land is given as from 30 to 33 cents per acre. The Reserve when set apart contained a
considerable quantity of good merchantable timber. In 1869 a license to cut the same was granted
to Messrs. Cushing Bros., of Repentigny who paid a bonus of $350.00 in addition to ground rent
and timber dues for the privilege, but they allowed the license to lapse in 1872 owing to the difficulty
of getting the logs down the streams.
A license to cut the spruce and cedar timber was granted to the Charlemagne and Lac Onareau
Lumber Co. In 1886 on payment of Two hundred dollars bonus in addition to ground rent and timber
dues. This license is still in force. The first intimation received by the Department regarding the
squatters was from the Crown Lands Departments, Quebec, in November 1881, and that Department
offered to send a competent Bushranger to investigate and report if desired.
In reply the Department asked that this be done, and that all squatters on the reserve be notified to
leave at once.
In compliance with this request, Mr. A. B. Fillion was sent to the reserve and his report of 15th
December, 1881, states the he found fifteen families occupying lands belonging to the Indians,
and that he had served them with notice to leave. Mr. Fillion valued the improvements owned by the
settlers at $1635.00.
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384
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
The notice did not have the desired effect, as several of those, who are now on the reserve, are
evidently, judging by the names, of the same families, who were there in 1881, while others claim to
have purchased from the persons mentioned by Mr. Filion.
The settlers were also notified to leave by Mr. Dingman, Inspector of Agencies, in August, 1893.
Mr. McKenna visited the reserve in May, 1902, and re- ported sixteen persons as holding lands on the
reserve of from 100 to 450 acres in extent. The values of the improvements as given to Mr. McKenna
by the settlers themselves totalled $17,800.00.
As early as September, 1873, the Crown Lands Department, Quebec, proposed that, as the Doncaster
Reserve was not occupied by Indians, or likely to be so, and as it was important, in view of the
settlement in this Township, that the block of land should be offered for sale to actual settlers, (blank
space ) it be transferred to the Government of the Province of Quebec in exchange for an equal area
of land in another locality, better suited to the wants of the indians, or, in case such an exchange
could not be made, that the land in question be offered for sale by the De-partment.
In accordance with the proposition, Mr. De Boucherville, the Lands Sales Clerk, was sent to
Caughnawaga, to endeavour to obtain a surrender from the Indians but could not get their consent
and the matter was allowed to drop for the time being.
In April last the Crown Lands Department again offered, in the event of the Indians surrendering the
reserve, to set aside another tract of land of the same extent in exchange for the same.
Very strong representations have from time to time been made to this Department by the Crown
Lands Departments, by the settlers themselves, by the adjoining Municipality and by Members of
Parliament, that the reserve should be opened for sale.
The difficulty in the way of this action has been, however, that this Department, after repeated
attempts, as failed to obtain a surrender of the reserve from the Indians.
The efforts of this direction may be enumerated:-
In August, 1874 by Mr. De Boucherville, Lands Sales Clerk,
May 1893, “ Mr. Dingman, Inspector of Agencies,
May 1894, “ Mr. McKenna, Secretary to Deputy Minister,
May 1901, “ Mr. Bray, Chief Surveyor,
May 1902, “ Mr. McKenna, Assistant Indian Commissioner,
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385
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
It may be mentioned that the settlers have all along admitted they were aware, when they took up
holding, that the lands were included in an Indian Reserve, but further state that they were given to
understand, they would not be interfered with.
The Indians have demanded, that they be put in possession of the reserve, and also, that the settlers
be made to pay a rental for the lands occupied by them.
x S. Stewart
Assistant Secretary.”
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386
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
It is followed by another important temporal updates of the legal procedures, pages 134 to 138
exposing Memorandum report, here from 3 April 1903 about the historical and legal situation
of Doncaster written from the Deputy Superintendent General of Indian Affairs James A. Smart
which went as:
“Ottawa, 3rd April, 1903.
Memorandum:- The Superintendent General.
The Doncaster Reserve, situated in the County of Montcalm, containing 18,000 acres, was set apart
by Statute 14 and 15 Voc., Ch. 106, for the benefit of the Iroquois of Caughnawaga and Two
Mountains. The Reserve has never been occupied by the Indians, and in October, 1873, and again in
May, 1902, the Crown Lands Department, Quebec, proposed, in view of the progress of settlement,
that the Reserve be transferred to the Province in exchange for an equal tract of land in another
locality, or that, in case such an exchange could not be made, the land in ques-tion be offered for sale
by the Department.
The matter was referred to the Indians, and they were asked to surrender the Reserve in order that it
might be sold for their benefit. It was pointed out to them that the advance of settlement in that part
of the country where the reserve is situated and its distance from the residence of any officer of the
Department made it difficult to protect the land from being squatted upon or the timber pillaged.
The Indians, however, refused t surrender the Reserve: and, although the matter has been submitted
to them on five different occasions, it has always been with
the same result.
The Agent who visited the Reserve in 1873 found a number of squatters on the Reserve, and since
that date others have also taken up land and built houses thereon.
These persons have several times been notified to leave, but action for their ejectment has not been
taken owing to representation representation that have been made to the Department by the Crown
Lands Department, by the authorities of the ad-joining municipality, by Members of Parliament and
by the settlers themselves.
It was anticipated by the Department, as well as by the settlers and their friends, that the Indians
would eventually consent to surrender the Reserve, as the land was reported to be of poor quality
and difficult of cultivation. There was little reason, therefore, for thinking that the Indians would
desire to settle down on it with the expectation of making a living by farming.
The Indians have now, however, signified their intention of at once occupying the Reserve and have
demanded that the trespassers be removed without delay, but before this action can be taken the
claim of the squatters for compensation for their improvements requires to be dealt with.
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387
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
These squatters state that they took up their holding in good faith, and with the conviction that the
Reserve would be opened for sale. The fact that he De- partment has to a certain extant acquiesced in
the trespass is also given as a reason why they should be compensated for their improvements if
they are compelled to remove from the Reserve.
It is felt that there is considerable force in the argument urged on behalf of the squatters, and that
their continued occupation, most of them for periods of from twenty-five to forty years, together with
the Department’s inaction, gives them a claim which cannot well be overlook-
ed.
The lands trespassed upon amount to 2,800 acres, and the improvements on the holdings given by
the squatters themselves total some $17,800.00.
In dealing with this matter it should, however, be borne in mind that the squatters have had the free
use of the land all these years and that they, living on an Indian Reserve, have not been required to
pay taxes. In addition, they have had the benefit, of which it is stated they have taken full advantage,
of the timber on the Reserve outside of the spruce and cedar, which alone is covered by license.
In the event of its being decided to pay for the improvements, it will be necessary to have the money
provided by a vote of Parliament. The Oka Indians have no funds and the funds of the Caughnawaga
Band are not sufficient to bear the charge of paying the amount required.
The claims of the Indians cannot, it is thought, be overlooked that the failure of the Department to
protect the Reserve from intrusion puts the burden of compensation on its shoulders.
There is no doubt but that the longer the settlement of this matter is delayed the more difficult will it
be to come to a satisfactory arrangement. Some of the Caughnawaga Indians have already been
restrained with difficulty from taking possession of house owned by the squatters; and the Oka
Indians, who feel that they have been unjustly deprived of the lands at the Lake of Two Mountains,
will make the most of any delay in putting them in possession of the Reserve at Doncaster.
Roads Through The Reserve:-
The Department of Agriculture and Colonisation, Quebec, and the Members of Parliament for
the Counties of Montcalm and Terrebonne have pointed out that no roads have been opened up
through the Doncaster Reserve. In consequence, they state, the settlers in the surrounding town-
Ships are seriously inconvenienced, as they are obliged to ride from 10 to 15 miles in order to reach a
railway station with the products of their farms.
Messrs. Prefontaine and Dugas have asked that the Department come to the relief of the settlers and
help the municipalities interested in constructing proper roads through the Reserve and highways
leading to it. They ask that a sum of $5,000.00 be allocated and spent under the control of the
Department to open said roads.
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388
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
In connection with these applications attentionis called to Section 35 of the Indian Act as amended by
Section 5 of 50-51 Vic., Ch. 23, which provides that “No por-
“ tion of any reserve shall be taken for the purposes of
“ any railway, road or public work without the consent of
“ the Governor in Council, and if any railway, road or pub-
“ lic work passes through or causes injury to any reserve
“ belonging to or in possession of any band of Indians, or
“ if any act occasioning damage to any reserve is done un-
“ der the authority of an Act of Parliament, or of the Leg-
“ islature of any Province, compensation shall be made to
“ them therefor in the same manner as is provided with res-
“ pect to the lands or rights of other persons.”
Under Section 38 as repealed y Section 3 of 61 Vic., Chp. 24m no reserve or portion of a reserve shall
be sold, alienated or leased until the same has been released or surrendered to the Crown.
It is doubtful whether the Indians would consent at present to surrender any portion of the Reserve.
If the Indians were residing on the Reserve they could be compelled under Section 33 as repealed by
Section 1, Ch. 33, Vic. 61, and Section 34 to make reads and keep them in order through the Reserve.
Under the circumstances the only way in which the wishes of the Department of Colonisation and of
the Members for the Counties of Montcalm and Terrebonne can be met would be apparently be by
this Department’s obtaining a grant from Parliament for the purpose and having the roads made for
the improvement of the Reserve and for the benefit of
the Indians.
Deputy Superintendent General of Indian Affairs.”
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389
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Valuation of Improvements of squatters on the Doncaster Indian Reserve. P.Q. from 22 April
1903 by Surveyor in Chief Samuel Bray was sent to Superintendent General of Indian Affairs in
Ottawa,
“Ottawa, 22nd April, 1903
The Deputy Supt. General, --
I beg to report that I have returned from the Doncaster Indian Reserve, where in
accordance with your instructions I made the valuations of the different squatters’
improvements on the reserve.
I beg to hand you herewith a statement of the same showing the total valuation to
be $11, 325. (The total valuation as given by the squatters to Mr. McKenna
amounted to $17,800) together with a detailed statement.
I may say that the valuations are fair, especially when the fact is taken into
consideration that the occupants have held the land for many years without
paying rent. The different squatters with probably not one exception will accept
the amounts of my valuation, if offered to them.
I have, however, to draw your attention to the fact that the West boundary of the
Reserve is very indefinite, and in fact its location on the ground is not known
within any reasonable distance. It is, therefore, quite possible that when this line is
surveyed all the improvements of Israel Thouin, No. 1 on the list, except some
clearing may be found to be actually outside of the reserve. This will reduce the
statement considerably.
The said survey, I beg to submit, should be made as soon as anything definite has
been decided upon with regard to the action to be taken in connection with the
reserve.
Samuel Bray Chief Surveyor.”
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390
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
an Extract from Memorandum- Original on File No. 162,095: When the delegation chosen to
observe the fact of the squatters came back, they came to an unanimous decision:
“Ottawa, 12th June, 1903
On June 11th a deputation of the Caughnawaga
Indians called at the Department and stated that they had
visited the Doncaster Reserve and after laying the matter
before the band the Indians had decided that they would not
surrender the Reserve and asked the Government to have the
squatters removed
signed F.P (Frank Pedley, Deputy Superintendent General of Indian Affairs).”
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391
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
A letter from Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the Department
Lands, Mines and Fisheries on 4 August 1903, to Secretary of Indian Affairs J.D. Maclean
exposing potential other lands that the Iroquois could use other than Doncaster, on the maps
observed on pages 150-153, in the area of the Manouan River.
Latter a correspondence from Frank Pedley, Deputy Superintendent General of Indian Affairs to
Deputy Minister E.E. Tache, Assistant Commissioner of the Department Lands, Mines and
Fisheries, of 21 November 1903, exposed:
“the Western boundaries of the Indian Reserve which comprise the Southeast
quarter of the township of Doncaster require to be retraced and permanently
established on the ground.”
“Sir,-The western boundary of the Indian Reserve which comprise the southeast
quarter of the township of Doncaster, Que., require to be retraced and
permanently established on the ground.
It would appear that this tract of land includes Lots 31 to 40, in ranges 1-2-3-4-5
and 6, and should be bounded on the west by the Centre Line of the township.
On the ground, however, in one or more of the said concessions, Lot 30 has been
laid out to the east of the Centre Line, and sold by your Department, and is now
occupied by the purchasers. It would, therefore, appear that that the Centre Line is
not actually the west boundary of the reserve.
It is thought that this line falls under the operation of Article 4156 of the Revised
Statutes of Quebec and the instructions for the same will require to be issued by
the Commissioner of your Department. I shall fell obliged of you will be good
enough to have prepared as soon as possible, and forward to me the said
instructions, which will be given to the Surveyor who may be appointed. It is
presumed that your Department will have no objection to the appointment of any
Surveyor who has been duly authorized for the Province of Quebec. The expense of
the survey will of course be borne by this Department.
Your obedient servant.
x L.D. F. Pedley, Deputy Sup. General of Indian Affairs.”
On 20 November 1903, Chief Surveyor S. Bray putting the emphasis on the importance to
appoint a surveyor as soon as possible for the west boundary of the Doncaster Reserve.
On 25 Novembre 1903, Frank Pedley expose to the Surveyor in Chief Bray that Mr F.C. Laberge
was appointed for the surveying of the Doncaster Reserve.
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392
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
On 25 January 1904 Surveyor Bray exposes to the Deputy Superintendent General of the
Department of Indian Affairs that:
“Referring to the Secretary’s memorandum of the 10th inst., hereunder, I beg to
draw your attention to the fact that the Doncaster Indian Reserve has never been
subdivided. The result is that the few squatters, near its west boundary, have
settled on it with practically no lines to guide them as to what projected lots they
may be settling on. The Indians of course will do even worse than the Whites, and
settle as they have done in Caughnawaga in the most indiscriminate manner
which has led to great trouble and expense.
I beg to submit for your consideration that an order be issued to the effect that no
settlement, of any permanent nature, shall be made by the Indians on the Don-
caster Reserve, until the same has been properly surveyed and subdivided. This
work, I think, should be undertaken as soon as the west boundaries has been
defined, and should be paid for from the funds of the Band.
If the land is subdivided late Fifty Acre Lots, the Council of the band could then
locate, subject to the approval of the Superintendent General, any lots or half lots
to any Indians if may think proper.
x S. Bray
Chief Surveyor.”
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393
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 123 (page 1/2) letter from Leet (...et) & Harvey Lawyer’s cabinet from 30 December 1902
to Clifford Sifton the Superintendent of Indian Affairs exposing the vote of the last
Caughnawaga council in which Doncaster obtained majorities in the vote against investments
for the residential schools.
“(...et) & Harvey, Temple Building
Advocate, Barristers, As Montreal
December 20th, 1902
Superintendent General of Indian Affairs,
Ottawa, Ont.
Dear Sir,
I have been retained by the Caughnawaga Band of Indians
to visit Ottawa and to have a personal interview with you to
interfere to:-
1. Their rights and privileges in reference to the
Doncaster Reserve
1-
In this matter some time ago some of the Chiefs came
to me and told me that there had been an election in Caughna-
waga in reference to a School house there, which they under-
stood had something to do with waiving their rights in the
Doncaster Reserve. They only came to me after the election had
taken place, and told me that one reason why the vote was
as it was, was because the Chiefs of the Band did not fully
understand what it meant, and wished me to find out for hem
exactly how the matter stood.
2. As to who should be considered members of the Band.
This particular related to certain people who are
residing on the Reserve at Caughnawaga, and upon this question
I have had some communication with your Department already.
They have also told me that the same question has
arisen, and is likely to arise to reference to the Doncaster
Reserve.
It should be convenient for me to go up to Ottawa...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
394
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 124 (page 2/2) letter from Leet (...et) & Harvey Lawyer’s cabinet from 30 December 1902
to Clifford Sifton the Superintendent of Indian Affairs exposing the vote of the last
Caughnawaga council in which Doncaster obtained majorities in the vote against investments
for the residential schools.
-2-
“... some day next year, if you could make it
convenient to make an appointment for
them. If you can comply with this request,
and can make appointment, please let me
know as soon as you can,
Yours truly,
Set & Harvey”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
395
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 125 Letter of 4 February 1903 from Frank Pedley, Deputy Superintendent General of
Indian Affairs explaining to Minister Marines and Fisheries of Ottawa, Mr Prefontaine, that he
organised a copy of each of the letters archived from last year as listed:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
396
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 126 Letter-Memorandum of 4 February 1903 from Frank Pedley, Deputy Superintendent
General of Indian Affairs to Fyle exposing a reminder:
“In dealing with the question of the Doncaster
Reserve, it is desired to make provision, if possible, for
the opening of a road through same.
Signed
x FP
D.S.G.I.A”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
397
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 127 Letter-Memorandum of 4 February 1903 from Frank Pedley, Deputy Superintendent
General of Indian Affairs exposing a reminder concerning Mr. McLean:
“Will you please ascertain from Mr. McKenna,
if the information is not on fyle, what he took as
the basis on his evaluation for the improvements of the
Doncaster Reserve, as made by him in May last.
Signed
x Frank Pedley
D.S.G.I.A”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
398
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 128 Letter of 4 February 1903 from J.D. McLean, Secretary of Indian Affairs, to Assistant
Indian Commissionaire James Andrew McKenna, Ottawa, J.A.J. McKenna, Esq., Asst. Indian
Commissioner, Ottawa.
“Ottawa, 4th Feb., 1903
Sir,-
I am directed to
request that you will be good enough
to advise the Department on what
the information was based regarding
the value of the improvements made
by the squatters on the Doncaster Re-
serve, a statement of which which ac-
companied your report of the 12th May last.
Your obedient servant,
J.D.McLean Secretary”
[Draft]
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
399
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 129 (page 1/2)Letter of 7 February 1903 from J.A.J. McKenna, commissary, to J.D.
McLean, secretary of Indian Affairs.
“Ottawa, 7th February, 1903.
Sir,
I have your letter of the 4th instant, File 34070-2
in which you inform me that you are directed to request
me to advise the Department on what the information was
based regarding the value of the improvements made by the
squatters on the Doncaster Reserve, a statement of which
accompanied my report of the 12th May last.
In reply I beg to refer you to the second para-
graph of the first page of my said report in which you
will find the statement described by me as “giving
the information which I obtained from the squatters
when I met them recently at Ste. Lucie.” I would also
refer you to the statement itself in which you will find
it clearly set forth in each case but one that the
stated value of improvements is the value fixed by
each squatter himself. The exception is the case of
Viau (numbered 16) who lives in Montreal and was reported
by... [2]
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
400
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 130 (page 2/2)Letter of 7 February 1903 from J.A.J. McKenna, commissary, to J.D.
McLean, secretary of Indian Affairs.
“ ...by the squatters as claiming 100 acres of land in the
Reserve, forty acres of being broken, and as having
paid $500 for the land to a previous squatter.
I return the file, which I procured from the
Department so that I might be in a position to reply
to your communication. I possess no papers on the
subject.
Your obedient servant
J.A.J. McKenna
Assistant Commissioner.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
401
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 131-132-133: (page 1/3) A report from 13 March 1903 about the historical and legal
situation of Doncaster written from the Assistant Secretary of Indian Affairs Samuel Stewart.
“DONCASTER RESERVE.
By Stature 14 & 15 Vic., Cha. 106, lands amounting in
all to 230,000 acres were set apart for Indian Tribes in Lower
Canada. Of this amount a reserve containing 18,500 acre was
granted to the Iroquois of Caughnawaga and Two Mountains in the
Township of Wexford (now Doncaster), County of Montcalm, and was
confirmed to them by Order in Council of 9th August, 1853.
This reserve has never been occupied by the Indians
Reports regarding the lands have been made by Mr.
Fillion, Bushranger for the Quebec Crown Lands Department, Mr.
Bray, Chief Surveyor, Mr. McKenna, Assistant Indian Commission-
er, Mr. Dingman, Inspector of Reserves, all of whom visited the
reserve and agree in saying that it as well as the surround-
ing Townships consist of steep, rocky hills, with practically
no plains between them. The soil, it is further stated, is
without exception a sandy loam of medium quality, and no one but
those who are willing to work very hard and live very frugally
can possibly make a living in this rough, sandy district.
The value of the land is given as from 30 to 33 cents
per acre.
The Reserve when set apart contained a considerable quantity
of good merchantable timber. In 1869 a license to
cut the same was granted to Messrs. Cushing Bros., of Repentigny
who paid a bonus of $350.00 in addition to ground rent and tim-
ber dues for the privilege, but they allowed the license to
lapse in 1872 owing to the difficulty of getting the logs down
the streams.
A license to cut the spruce and cedar timber was
granted to the Charlemagne and Lac Onareau Lumber Co. In 1886
on payment of Two hundred dollars bonus in addition to ground
rent and timber dues. This license is still in force.
The first intimation received by the Department re-
arding ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
402
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 131-132-133: (Page 2/3) A report from 13 March 1903 about the historical and legal
situation of Doncaster written from the Assistant Secretary of Indian Affairs Samuel Stewart.
“... regarding the squatters was from the Crown Lands Departments,
Quebec, in November 1881, and that Department offered to send
a competent Bushranger to investigate and report if desired.
In reply the Department asked that this be done, and that all
squatters on the reserve be notified to leave at once. In com-
pliance with this request, Mr. A. B. Fillion was sent to the re-
serve and his report of 15th December, 1881, states the he
found fifteen families occupying lands belonging to the Indians,
and that he had served them with notice to leave. Mr. Fillion
valued the improvements owned by the settlers at $1635.00.
The notice did not have the desired effect, as sever-
al of those, who are now on the reserve, are evidently, judging by
the names, of the same families, who were there in 1881, while
others claim to have purchased from the persons mentioned by Mr.
Filion.
The settlers were also notified to leave by Mr. Ding-
man, Inspector of Agencies, in August, 1893.
Mr. McKenna visited the reserve in May, 1902, and re-
ported sixteen persons as holding lands on the reserve of from 100 to
450 acres in extent. The values of the improvements as
given to Mr. McKenna by the settlers themselves totalled $17,800.00.
As early as September, 1873, the Crown Lands Department,
Quebec, proposed that, as the Doncaster Reserve was not occupied
by Indians, or likely to be so, and as it was important, in view
of the settlement in this Township, that the block of land should
be offered for sale to actual settlers, (blank space ) it be transferred
to the Government of the Province of Quebec in exchange for an
equal area of land in another locality, better suited to the
wants of the indians, or, in case such an exchange could not be
made, that the land in question be offered for sale by the De-
partment.
In accordance with the proposition, Mr. De Boucher-
ville, the Lands Sales Clerk, was sent to Caughnawaga, to en-
deavour to obtain a surrender from the Indians but could not
get...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
403
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 131-132-133: (Page 3/3) A report from 13 March 1903 about the historical and legal
situation of Doncaster written from the Assistant Secretary of Indian Affairs Samuel Stewart.
“... get their consent and the matter was allowed to drop for the
time being.
In April last the Crown Lands Department again offered,
in the event of the Indians surrendering the reserve, to set
aside another tract of land of the same extent in exchange for
the same.
Very strong representations have from time to time
been made to this Department by the Crown Lands Departments, by
the settlers themselves, by the adjoining Municipality and by
Members of Parliament, that the reserve should be opened for sale.
The difficulty in the way of this action has been, however, that
this Department, after repeated attempts, as failed to obtain a
surrender of the reserve from the Indians.
The efforts of this direction may be enumerated:-
In August, 1874 by Mr. De Boucherville, Lands Sales Clerk,
May 1893, “ Mr. Dingman, Inspector of Agencies,
May 1894, “ Mr. McKenna, Secretary to Deputy Minister,
May 1901, “ Mr. Bray, Chief Surveyor,
May 1902, “ Mr. McKenna, Assistant Indian Commissioner,
It may be mentioned that the settlers have all along
admitted they were aware, when they took up holding, that the
lands were included in an Indian Reserve, but further state that
they were given to understand, they would not be interfered with.
The Indians have demanded, that they be put in posses-
sion of the reserve, and also, that the settlers be made to pay a
rental for the lands occupied by them.
x S. Stewart
Assistant Secretary.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
404
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 134-138 (page 1/5) Memorandum report, here from 3 April 1903 about the historical and
legal situation of Doncaster written from the Deputy Superintendent General of Indian Affairs
James A. Smart.
“Ottawa, 3rd April, 1903.
Memorandum:- The Superintendent General.
The Doncaster Reserve, situated in the County
of Montcalm, containing 18,000 acres, was set apart by
Statute 14 and 15 Voc., Ch. 106, for the benefit of the
Iroquois of Caughnawaga and Two Mountains. The Reserve
has never been occupied by the Indians, and in October,
1873, and again in May, 1902, the Crown Lands Department,
Quebec, proposed, in view of the progress of settlement,
that the Reserve be transferred to the Province in exchange
for an equal tract of land in another locality, or that, in
case such an exchange could not be made, the land in ques-
tion be offered for sale by the Department.
The matter was referred to the Indians, and they
were asked to surrender the Reserve in order that it might
be sold for their benefit. It was pointed out to them
that the advance of settlement in that part of the country
where the reserve is situated and its distance from the
residence of any officer of the Department made it difficult
to protect the land from being squatted upon or the timber
pillaged.
The Indians, however, refused t surrender the
Reserve: and, although the matter has been submitted to
them on five different occasions, it has always been with
the same result.
The Agent who visited the Reserve in 1873 found a
number of squatters on the Reserve, and since that date
others have also taken up land and built houses thereon.
These persons have several times been notified to leave,
but action for their ejectment has not been taken owing to
representation...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
405
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 134-138 (page 2/5) Memorandum report, here from 3 April 1903 about the historical and
legal situation of Doncaster written from the Deputy Superintendent General of Indian Affairs
James A. Smart.
“...representation that have been made to the Department by
the Crown Lands Department, by the authorities of the ad-
joining municipality, by Members of Parliament and by the
settlers themselves.
It was anticipated by the Department, as well as
by the settlers and their friends, that the Indians would
eventually consent to surrender the Reserve, as the land
was reported to be of poor quality and difficult of cultiv-
ation. There was little reason, therefore, for thinking
that the Indians would desire to settle down on it with
the expectation of making a living by farming.
The Indians have now, however, signified their
intention of at once occupying the Reserve and have demand-
ed that the trespassers be removed without delay, but be-
fore this action can be taken the claim of the squatters
for compensation for their improvements requires to be
dealt with.
These squatters state that they took up their
holding in good faith, and with the conviction that the
Reserve would be opened for sale. The fact that he De-
partment has to a certain extant acquiesced in the trespass
is also given as a reason why they should be compensated
for their improvements if they are compelled to remove from
the Reserve.
It is felt that there is considerable force in
the argument urged on behalf of the squatters, and that their
continued occupation, most of them for periods of from
twenty-five to forty years, together with the Department’s
inaction, gives them a claim which cannot well be overlook-
ed.
The lands trespassed upon amount to 2,800 acres,
and the improvements on the holdings given by the squat-
ters themselves total some $17,800.00.
In dealing with this matter it should, however,
be...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
406
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 134-138 (page 3/5) Memorandum report, here from 3 April 1903 about the historical and
legal situation of Doncaster written from the Deputy Superintendent General of Indian Affairs
James A. Smart.
“...be borne in mind that the squatters have had the free use
of the land all these years and that they, living on an In-
dian Reserve, have not been required to pay taxes. In
addition, they have had the benefit, of which it is stated
they have taken full advantage, of the timber on the Reser-
ve outside of the spruce and cedar, which alone is covered
by license.
In the event of its being decided to pay for the
improvements, it will be necessary to have the money pro-
vided by a vote of Parliament. The Oka Indians have no
funds and the funds of the Caughnawaga Band are not suffi-
cient to bear the charge of paying the amount required.
The claims of the Indians cannot, it is thought, be over-
looked that the failure of the Department to protect the
Reserve from intrusion puts the burden of compensation on
its shoulders.
There is no doubt but that the longer the settle-
ment of this matter is delayed the more difficult will it
be to come to a satisfactory arrangement. Some of the
Caughnawaga Indians have already been restrained with dif-
ficulty from taking possession of house owned by the
squatters; and the Oka Indians, who feel that they have
been unjustly deprived of the lands at the Lake of Two
Mountains, will make the most of any delay in putting them
in possession of the Reserve at Doncaster.
Roads Through The Reserve:-
The Department of Agriculture and Colonisation,
Quebec, and the Members of Parliament for the Counties of
Montcalm and Terrebonne have pointed out that no roads have
been opened up through the Doncaster Reserve. In conse-
quence, they state, the settlers in the surrounding town-
ships ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
407
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 134-138 (page 4/5) Memorandum report, here from 3 April 1903 about the historical and
legal situation of Doncaster written from the Deputy Superintendent General of Indian Affairs
James A. Smart.
“... townships are seriously inconvenienced, as they are obliged
to ride from 10 to 15 miles in order to reach a railway
station with the products of their farms.
Messrs. Prefontaine and Dugas have asked that the
Department come to the relief of the settlers and help the
municipalities interested in constructing proper
roads through the Reserve and highways leading to it. They
ask that a sum of $5,000.00 be allocated and spent under the
control of the Department to open said roads.
In connection with these applications attention
is called to Section 35 of the Indian Act as amended by
Section 5 of 50-51 Vic., Ch. 23, which provides that “No por-
“ tion of any reserve shall be taken for the purposes of
“ any railway, road or public work without the consent of
“ the Governor in Council, and if any railway, road or pub-
“ lic work passes through or causes injury to any reserve
“ belonging to or in possession of any band of Indians, or
“ if any act occasioning damage to any reserve is done un-
“ der the authority of an Act of Parliament, or of the Leg-
“ islature of any Province, compensation shall be made to
“ them therefor in the same manner as is provided with res-
“ pect to the lands or rights of other persons.”
Under Section 38 as repealed y Section 3 of 61
Vic., Chp. 24m no reserve or portion of a reserve shall be sold,
alienated or leased until the same has been released
or surrendered to the Crown.
It is doubtful whether the Indians would consent
at present to surrender any portion of the Reserve.
If the Indians were residing on the Reserve they
could be compelled under Section 33 as repealed by Section
1, Ch. 33, Vic. 61, and Section 34 to make reads and keep
them in order through the Reserve.
Under the circumstances the only way in which the
whishes of the Department of Colonisation and of the Members
For...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
408
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 134-138 (page 5/5) Memorandum report, here from 3 April 1903 about the historical and
legal situation of Doncaster written from the Deputy Superintendent General of Indian Affairs
James A. Smart.
“... for the Counties of Montcalm and Terrebonne can be met
would be apparently be by this Department’s obtaining a grant
from Parliament for the purpose and having the roads made for
the improvement of the Reserve and for the benefit of
the Indians.
Deputy Superintendent General
of Indian Affairs.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
409
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
About pages 139 to 143: If we go back to the report exposed on page 129 in the letter of 7
February 1903 in which J.A.J. McKenna, commissary, expressed to J.D. McLean, secretary of
Indian Affairs where he annexed a Detailed Statement of Valuations of improvements of
squatters of the Doncaster Indian Reserve, P.Q from the Chief Surveyor, Samuel Bray, from
22nd April, 1903, which accompanied his report of the 12th May last in which the statement
brought informations:
“which I obtained from the squatters when I met them recently at Ste. Lucie. I would also refer
you to the statement itself in which you will find it clearly set forth in each case but one that the
stated value of improvements is the value fixed by each squatter himself. The exception is the
case of Viau (numbered 16) who lives in Montreal and was reported by the squatters as claiming
100 acres of land in the Reserve, forty acres of being broken, and as having paid $500 for the
land to a previous squatter.
I return the file, which I procured from the Department so that I might be in a position to reply
to your communication. I possess no papers on the subject.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
410
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143
Ottawa, 22nd April, 1903 Detailed Statement
Detailed Valuations of improvements of squatters of the
Doncaster Indian Reserve, P.Q.
1. Israel Thouin
Lives at the Northwest angle of
the reserve. The boundary line is here indefinite.
It is quite probable that all the buildings and a
great portion of the clearing are not on the re-
serve.
Log house on stone foundation,
clapboarded in front and one side, plastered and
well finished, 31 ½ X 29 ½; driving shed
41 X 25. The house and shed together $1000.
Barn 65 X 42 very good 400.
Butter factory building,
30 X 22 100.
62 acres cleared and well
fenced 930.
Orchard 75.
Clearing on Range 5 100.
Allowed for moving butter
making machinery 150.
Allowed for water conduit and
special fencing 245.
$3,000
This is the amount Mr. Israel
Thouin gave Mr. McKenna, and appears to be a very
fair valuation.
2. Isidore Legault
This claim is now occupied by
Ex-Councillor Frank Tirez from Caughnawaga. The owner
was absent. He has returned, Tirez refused to let him have
the building.”
.
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411
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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412
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143
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413
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143
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414
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143
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415
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 139-143 The last page of the detailed Statement of Valuations of improvements of
squatters of the Doncaster Indian Reserve, P.Q from the Chief Surveyor, Samuel Bray, from
22nd April, 1903.
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416
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 144-Valuation of Improvements of squatters on the Doncaster Indian Reserve. P.Q. from
22 April 1903 by Surveyor in Chief Samuel Bray. Below the note mentions:
“7 clearing with house barns on them 2 clearings with abandoned houses and barns 1 clearing
with a good barn on it 5 clearings with no structure on them S.B. “
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417
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 145- Samuel Bray, Chief Surveyor, to Superintendent General, Ottawa, 22 April 1903.
“Ottawa, 22nd April, 1903
The Deputy Supt. General, --
I beg to report that I have returned from
the Doncaster Indian Reserve, where in accordance with your
instructions I made the valuations of the different squat-
ters’ improvements on the reserve.
I beg to hand you herewith a statement of
the same showing the total valuation to be $11, 325. (The
total valuation as given by the squatters to Mr. McKenna
amounted to $17,800) together with a detailed statement.
I may say that the valuations are fair, es-
pecially when the fact is taken into consideration that the
occupants have held the land for many years without paying
rent. The different squatters with probably not one ex-
ception will accept the amounts of my valuation, if offered
to them.
I have, however, to draw your attention to
the fact that the West boundary of the Reserve is very in-
definite, and in fact its location on the ground is not
known within any reasonable distance. It is, therefore,
quite possible that when this line is surveyed all the im-
provements of Israel Thouin, No. 1 on the list, except some
clearing may be found to be actually outside of the reserve.
This will reduce the statement considerably.
The said survey, I beg to submit, should be
made as soon as anything definite has been decided upon
with regard to the action to be taken in connection with
the reserve.
Samuel Bray Chief Surveyor.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 146 On 23 April 1903, Frank Pedley, Deputy Superintendent General of Indian Affairs
explaining to Secretary McLean to make sure the Quebec Government stays on its position:
“If you have not done so will you please write the Quebec Government ascertaining their
positions as to granting land to the Indians in case they decide to relinquish their right to the
Doncaster Reserve.”
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419
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 147- Doc 340, 757, Letter 23 April 1903 from Secretary of Indian Affairs J.D. Maclean to
E.P Tache, Assistant Commissioner of the Department Lands, Mines and Fisheries.
“Ottawa, 23rd April, 1903.
Sir,-
With further reference
to your letter in reply to mine of the
20th April, 1902, I have to request that
you will be good enough to state whether
you are now in a position to advise this
Department as to the tract of land your
Department would be prepared to exchange
for the Indian Reserve in the Township
of Doncaster, in the County of Montcalm ,
in case the Indians decide to relinquish
their right to the Doncaster Reserve.
Your obedient servant,
J.D. MacLean,
Secretary.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 148 Doc 259, 255 extract original on 259,114, translation of an Extract of a letter on 25
April 1903 from Jean Baptiste Daillebout to J. Blain, Indian Agent concerning the Resolution 7
in order to “appoint one or two councillors to go the Doncaster reserve to drive off the
trespassers with an allowance of $25 for travelling expenses”, entitled: Meeting of the
Caughnawaga Council held 25th April, 1903. Note below: “Original receipt under cover of letter
from Agent J. Blain dated 28 April 1908.”
“Meeting of the Caughnawaga Council held 25th April, 1903
X X
Resolution 7. On motion of Councillor Peter
Day, seconded by Councillor Chas. William it was unanim-
ously resolved to ask the Dept. to be kind to ap-
point one or two councillors to go the Don-
caster reserve to drive off the trespassers with an al-
lowance of $25 for travelling expenses inasmuch as the tribe
needs to look after its rights and its property.
X X X
His
J. Bte. X Daillebout
Mark”
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421
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 149, from an Extract from Memorandum- Original on File No. 162,095: When the
delegation chosen to observe the fact of the squatters came back, they came to an unanimous
decision:
“Ottawa, 12th June, 1903
On June 11th a deputation of the Caughnawaga
Indians called at the Department and stated that they had
visited the Doncaster Reserve and after laying the matter
before the band the Indians had decided that they would not
surrender the Reserve and asked the Government to have the
squatters removed
signed F.P (Frank Pedley, Deputy Superintendent General of Indian Affairs).”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 150 Map of the Province of Quebec, indicating frontiers; North, North-West, North-East as
recognized by the Statutes of Canada, 61 Victoria, cap. 3.
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423
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 151 Map of the Province of Quebec, indicating frontiers; North, North-West, North-East as
recognized by the Statutes of Canada, 61 Victoria, cap. 3.
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424
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 152 Map of the River Manouan
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425
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 153 Map of the River Manouan
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426
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 154 Letter from Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the
Department Lands, Mines and Fisheries on 4 August 1903, to Secretary of Indian Affairs J.D.
Maclean exposing potential other lands that the Iroquois could use other than Doncaster, on
the maps observed on pages 150-153, in the area of the Manouan River.
“Sales Branch
Quebec, 4th August 1903
J.D. McLean, Esqur.
Secretary of Dept. of Indian Affairs,
Ottawa.
Sir,
Reverting to your letters of the 29th
April 1902 & 23rd April last, I have the honor to forward you a
blue print and a map of the province of Quebec, indication
in red certain tracts of disposal lands out of which a simi-
lar area to that of the actual Indian Reserve in Doncaster
might be selected in exchange thereof. After study and con-
sideration of the question, please inform us where you intend
locating this new Reserve.
The blocks thus shown are the nearest at hand which are
available at present.
I have the honor to be
Sir
Your obedient servant
E.E. Tache
Deputy Minister”
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427
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 155 Doc 34070 /2TY, Correspondence from Frank Pedley, Deputy Superintendent General
of Indian Affairs to Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the
Department Lands, Mines and Fisheries, of 21 November 1903, exposing that the “Western
boundaries of the Indian Reserve which comprise the Southeast quarter of the township of
Doncaster require to be retraced and permanently established on the ground.”
“Sir,-
The western boundary of the Indian Reserve
which comprise the southeast quarter of the township of
Doncaster, Que., require to be retraced and permanently es-
tablished on the ground.
It would appear that this tract of land in-
cludes Lots 31 to 40, in ranges 1-2-3-4-5 and 6, and should
be bounded on the west by the Centre Line of the township.
On the ground, however, in one or more of the said conces-
sions, Lot 30 has been laid out to the east of the Centre
Line, and sold by your Department, and is now occupied by
the purchasers. It would, therefore, appear that that the Centre
Line is not actually the west boundary of the reserve.
It is thought that this line falls under the
operation of Article 4156 of the Revised Statutes of Quebec
and the instructions for the same will require to be issued
by the Commissioner of your Department. I shall fell ob-
liged of you will be good enough to have prepared as soon as
possible, and forward to me the said instructions, which
will be given to the Surveyor who may be appointed. It is
presumed that your Department will have no objection to the
appointment of any Surveyor who has been duly authorized for
the Province of Quebec. The expense of the survey will of
course be borne by this Department.
Your obedient servant.
x L.D. F. Pedley
Deputy Sup. General of
Indian Affairs.”
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428
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 156 On 20 November 1903, Chief Surveyor S. Bray putting the emphasis on the
importance to appoint a surveyor as soon as possible for the west boundary of the Doncaster
Reserve.
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429
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 157 On 25 Novembre 1903, Frank Pedley expose to the Surveyor in Chief Bray that Mr
F.C. Laberge was appointed for the surveying of the Doncaster Reserve. (confirmed by MacLean
on page 158, and supported by Pedley on page 159)
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430
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 160 Letter from Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the
Department Lands, Mines and Fisheries on 18 December 1903, to Frank Pedley, Esq. Deputy
Superintendent General of Indian Affairs exposing he took knowledge of the last
correspondence.
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431
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 161 Letter from Samuel Stewart Assistant Secretary of Indian Affairs (who became Keeper
of the records in 1905) to Deputy Minister E.E. (or E.P.) Tache, Assistant Commissioner of the
Department Lands, Mines and Fisheries exposing reception confirmed by a telegram on 11
January 1904 on page 163
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 162 Telegram by E.E. Tache to Frank Pedley from 15 June 1904 exposing that the
Department of Indian Affairs will send a surveyor on the ground to inspect.
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433
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 164 Copy-Extract of the original: No. 162095, a Memorandum by J.D. MacLean of 10
December 1903 exposing J.W. Jocks official interpreter of the Caughnawaga Band and Chief
Councillor, exposed that regulations must be made also for Indians about land management’s
and rules for hunting and wood cutting and mentioning that regulations must be made for acres
entitled to each Indians and that some Indians might take exceeding lots.
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 165, Extract 2376608, doc 34070. On 18 January 1904, Sam Bray the Surveyor exposes
that the fact that some Indians might take exceeding lots was exposed which he described as:
“The exact condition of this matter was exposed to the Indians and they are perfectly satisfied
with what is being done. They express the hope that the survey necessary to settle the matter
may not be delayed.”
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435
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 166 On 25 January 1904 Surveyor Bray exposes to the Deputy Superintendent General of
the Department of Indian Affairs that:
“Referring to the Secretary’s memorandum of
the 10th inst., hereunder, I beg to draw your attention to
the fact that the Doncaster Indian Reserve has never been
subdivided. The result is that the few squatters, near its
west boundary, have settled on it with practically no lines
to guide them as to what projected lots they may be settling
on. The Indians of course will do even worse than the
Whites, and settle as they have done in Caughnawaga in the
most indiscriminate manner which has led to great trouble
and expense.
I beg to submit for your consideration that
an order be issued to the effect that no settlement, of any
permanent nature, shall be made by the Indians on the Don-
caster Reserve, until the same has been properly surveyed
and subdivided. This work, I think, should be undertaken
as soon as the west boundaries has been defined, and should
be paid for from the funds of the Band.
If the land is subdivided late Fifty Acre
Lots, the Council of the band could then locate, subject to
the approval of the Superintendent General, any lots or half
lots to any Indians if may think proper.
x S. Bray
Chief Surveyor.”
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436
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 167 On 27 January 1904 J.D. MacLean Indian Affairs Secretary exposed to Indian Agent
John Blais that:
“Sir,-
Referring to a subject in connection with
the Doncaster Indian Reserve, which was brought to the at-
tention of the Secretary of the Department by Messrs, J.B.
Daillebout and J.W. Jocks of the Caughnawaga Reserve, I
have to request you to be good enough to inform the Indian
Council and those two gentlemen in particular that no
settlement of any permanent nature is to be made by Indians
on the Doncaster Reserve, until the same has been properly
surveyed and subdivided. It is intended that this work
shall be done when the west boundary has been defined.
There appears to me more difficulty, in con-
nection with the said west boundary, as the Department has
not yet received a necessary communication from the Crown
Lands Department of Quebec before a Surveyor can be sent
to do the work.
It is proposed to subdivide the Reserve into
lots of about fifty acres; the council can then locate to
any Indians of the Band, subject to the approval of the
Superintendent General, any lots of half lots which they
may think proper.
Your obedient servant
J.D. McLean
Secretary.”
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CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 168 exposes a map from 25 June 1897, signed by the Department of Mines and Fisheries
on 25 May 1906 (Bray)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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438
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 169 exposes a map from 30 January 1904, by J.A. Martin
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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439
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 170 From Department of Lands, Mines and Fisheries, from 14 February 1904, all the
lands sold from 1866 to 1900, exposing the amount not yet being bought back by the
Government, signed by J.A. Martin, Surveyor and co-signed by E.J. Marchand, Land Agent.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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440
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 171- previous translated from the original 170- From Department of Lands, Mines and
Fisheries, from 14 February 1904, all the lands sold from 1866 to 1900, exposing the amount
not yet being bought back by the Government, signed by J.A. Martin, Surveyor and co-signed
by E.J. Marchand, Land Agent.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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441
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 174-175 Translation of the originals 172-173 in French-Surveyor J.A. Martin exposes the
complexities of certain land parts on the limits of certain lands exposing the curvy waves created
by the land measurements, from 8 March 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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442
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 174-175 Translation of the originals 172-173 in French-Surveyor J.A. Martin exposes the
complexities of certain land parts on the limits of certain lands exposing the curvy waves created
by the land measurements, , from 8 March 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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443
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 176 Unidentified correspondence. Mr Leonard might have been Joseph Edouard Emile
Leonard, then Judge of the Superior Court of Quebec, Montreal District.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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444
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 177 E.E. TACHÉ, Deputy minister of Lands, Mines and Fisheries, Quebec, on 22 April
1904, exposing he annexed the report of Surveyor J.A. Martin of the South West boundaries,
but precisions may come on request after the snow, occasioning distortions, melts in spring also
adding that Bray the Government Surveyor may also be appointed. On page 178 the appointed
Secretary of Indian Affairs expose that a surveyor of their Department will accompany Mr
Martin.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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445
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 179 J.D. McLean, Secretary of Indian Affairs to G.A. Varin, Minister of Cadastre,
Department of Lands, Mines and Fisheries, Quebec, on 29 April 1904, asking for the Plan of
Doncaster exposing the measurements of 3 “lots in each of the concession bordering the
Southwest boundary of the Indian Reserve in the said Township. These lots should apparently be
No. 28, 29 and 30 in Range 1 to 6 inclusive.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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446
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 180, as page 176 Unidentified correspondance. Mr Leonard might have been Joseph
Edouard Emile Leonard, then Judge of the Superior Court of Quebec, Montreal District.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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447
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 181-183 doc 34070 /02 Frank Pedley, superintendant general of Indian Affairs to Samuel
Bray, Surveyor in Chief of Indian Affairs, Ottawa, 7 mai 1904.
“ Sir,-
I have to request you to proceed on Monday
next to the Doncaster Indian Reserve, Que., to pay to cer-
tain persons, squatters on the Doncaster Indian Reserve,
the cheques which will be handed to you by the Accountant.
You will please have these persons fill out Agreements
and Receipts according to the draft hereunder, except in
those cases in which the squatters are paid in full for
their improvements. In these cases you will please prepare
a special document, and have it duly sworn to by the
squatter, before a Notary Public or a Magistrate.
If Mr. Martin, the Surveyor, should arrive
at the Reserve while you are there, you will please con-
tinue with him and render him all the assistance, in con-
nection with the western boundary of the reserve, that the
occasion may require.
You should also make inquiries as to good
location for the road on which it is proposed to expend
the sum voted during the last Session of Parliament.
Your obedient servant,
(Signed) F. Pedley
Deputy Superintendant
of Indian Affairs.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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448
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 181-183 doc 34070 /02, 7 mai 1904.Declaration signed by squatter George Cloutier and
present witnesses.
“Whereas the improvements on the land oc-
cupied by George Cloutier in the Don-
caster Indian Reserve, Que., have been valued in the sum of
eighteen hundred and thirty dollars and
the said George Cloutier is satis-
fied with and accepts the said valuation, the said George
Cloutier for the sum of six hundred
dollars, the receipt of which, from the Department
of Indian Affairs, is hereby by him acknowledged and for the
further sum of twelve hundred and thirty dollars to
be paid as hereinafter provided, the said George
Cloutier agrees to vacate on or before
the 15th June next, and forever to leave the said Indian
Reserve taking with him only his live stock and movables,
and will in no way injure or damage any building or im-
provements of any kind, but will leave them in the condition
they are now in.
The further sum of twelve hundred and
thirty dollars above mentioned is to be paid on the
receipt, by the Department of Indian Affairs at Ottawa, of
a sworn declaration by the said George Cloutier
stating that he has actually vacated and left the said Re-
serve, and never intends to return and accepts the said sum
in full of all claims of any nature whatever against the
said Department of Indian Affairs and the said Reserve, and
it is further understood by the said George Cloutier
that if he does not vacate the said reserve on or before
the 15th June next that the department of Indian Affairs
may forthwith have him ejected by the usual process of
law ...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
449
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 181-183 doc 34070 /02 7 mai 1904.Declaration signed by squatter George Cloutier and
present witnesses.
“...law and that the said George Cloutier will be
liable for all costs in connection therewith.
Signed by the said George Cloutier in the
presence of. George Cloutier
Witnesses:-
S. Bray
Zotique Cardin ptre
Léopold André
Dated at Ste. Lucie
this 9th May 1904”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
450
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 184-185-186 9 mai 1904.Declaration signed by squatter Isidore Legault and present
witnesses. (as the previous declaration.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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451
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 184-185-186 9 mai 1904.Declaration signed by squatter Isidore Legault and present
witnesses. (as the previous declaration.)
“Je soussigné, par les présentes
autorise le Révérend Monsieur Zotique
Cardin, curé de Ste Lucie, à agir en
mon nom et comme mon représentant
et procurateur dans le règlement de mes
affaires concernant mes terrains à Ste
Lucie. Je l’autorise particulièrement
à retirer 185 45 l’argent qui me revient sur
ces dits terrains, à en signer les reçus
et à faire toutes les réclamations nécessaires
ou utiles pour obtenir une augmentation
conforme à la valeur réelle de mes
propriétés.
Fait à L’Annonciation, P.Q.
Ce 3 novembre 1903
Isidore Legault
Témoin – Dom André”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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452
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
As the previous one, other declarations of squatters:
Pages 187-188 Declaration signed by squatter Isaiah Morin and present witnesses. (as the
previous declaration.) 9 Mai 1904
Pages 189-190 Declaration signed by squatter Napoleon Constantineau and present witnesses.
(as the previous declaration.) 9 Mai 1904
Pages 191-192 Declaration signed by squatter Joseph Miron and present witnesses. (as the
previous declaration.) 9 Mai 1904
Pages 193 Declaration signed by Henry Viger and present witnesses. (as the previous
declaration.) 9 Mai 1904
Pages 194 Declaration signed by Remi Collin and present witnesses. (as the previous
declaration.) 9 Mai 1904
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453
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 195-96 (translation page 196)Letter from J. Martin Crown Surveyor from Agency of the
Department of Lands and Forests and Fisheries of Quebec to H. Frank Pedley the Department
Superintendent General of Indian Affairs, from 9 May 1904.
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454
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 197-198 Samuel Bray, Surveyor in Chief of the Department of Indian Affairs, to
Superintendant General of Indian Affairs, Ottawa, 13 May 1904.
“No. 34070/2
Memo. Department of Indian Affairs,
Ottawa, 13th May 1904.
The Deputy Supt. General, -
I beg to report that I have visited the Don-
caster Indian Reserve, Que., and have paid to the several
parties entitled thereto the cheques in part payment for
the squatters’ improvements on the said Reserve, namely,
George Cloutier, Isidore Legault, Napoleon Constantineau,
Isaiah Miron and Joseph Miron.
Remi Collins and Henry Viger who have clear-
ings only on the Reserve were paid in full. I beg to sub-
mit herewith the different acknowledgements taken from all these
persons.
There was some difficulty at first, especi-
ally with one of the individuals, to induce them to take,
as arranged, a part payment and the balance when they have
removed, provided they go before the 15th June next. With
the valuable assistance of Father Zotique Cardin, the
Parish Priest, all the difficulties were removed and the
business satisfactorily completed. I have no doubt that
these persons will all remove from the Reserve within the specified
time, and I promised them that, in accordance
with the engagements taken from them, the Department would,
on the receipt of each declaration, send at once the cheque
to which the person would be entitled. At the request of
Father Cardin, I left a draft showing the declaration re-
quired.
Three cheques were left unpaid, namely:-
--- Viau $100. This person has sometime
ago left for Montreal: no one knew of his whereabouts, and
it..”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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455
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 197-198 Samuel Bray, Surveyor in Chief of the du Department of Indian Affairs, to
Superintendant General of Indian Affairs, Ottawa, 13 May 1904.
“2
it would appear that he has practically abandoned his im-
provements.
Thomas Thouin $55. This person is dead.
The cheque will require to be made out to his widow. I
agreed to have this sent to the care of Father Carvin who
will have the receipt and declaration executed by the widow.
Pierre Maille $100 [stripped] $50. A bush fire has de-
stroyed the log house since the valuation was made. I de-
cided to submit the matter to you before paying this claim,
in whole or in part.
[in the margin] [Pay?] = $50[?] CK 724 LVK
As arranged previous to my departure for the
Doncaster Reserve, the payments to be made to the squatters
for improvements along the Southwest boundary of the Re-
serve are to be delayed until it is ascertained to what ex-
tent these improvements may be affected by the final lo-
cation of the said boundary.
I agreed that Henry Viger should be paid $6.
for ploughing done by him on the Reserve this spring, and
George Cloutier $16. for a similar claim. I beg to recom-
mend that cheques be sent to them in payment of these
claims.
[in the margin] CK 725 Appd LVK 726
Up to Wednesday afternoon when I left St.
Lucie, Mr. Martin, P.L.S., had not arrived.
S. Bray Chief Surveyor.”
[in the margin p. 1] [Recd?] cheques 702 = $55 x 706 = 100 cancelled
709 = 100 cancelled [??] [in the margin p. 1] [Stamp p.2] Cheque No.
774-776 [$1286..]? Sent 16 [th May?] 1904 [Stamp p.2]
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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456
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 199-200 Letter from J.D McLean to J. Martin Crown Surveyor from Agency of the
Department of Lands and Forests and Fisheries of Quebec to J.D. McLean, Secretary of Indian
Affairs exposing surveying problems with certain boundaries, from 16 May 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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457
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 201 J.D. McClean, Secretary of Indian Affairs to, Zotique Cardin, Priest of Ste Lucie,
Ottawa, 16 May 1904.
“34070/2Ty
Rev. Father Zotique Cardin, St. Lucie, Que.
Ottawa, 16th May, 1904.
With Cheques.
Rev. Sir,-
Referring to the recent visit of Mr. S. Bray,
of this Department, to the Doncaster Indian Reserve, and to
his interview with you, I beg to enclose herewith the fol-
lowing cheques in payment for squatters’ improvements on
the said Reserve, namely, Mrs. Thomas Thouin $55. and
Pierre Maille . $50.
I shall feel obliged if you will be good
enough to hand those two cheques to the persons mentioned,
and have the enclosed declarations properly executed. They
should be sworn to before the “Maire”, and witnessed by
yourself and another person.
Enclosed also is a cheque for $16. in
favour of George Cloutier being payment in full for plough-
ing done by him this Spring on the Reserve, and another
cheque , in favour of Henry Viger, for $6., in payment of a
similar claim. I shall feel obliged if you will be good
enough to hand these cheques to the respective persons.
Your obedient servant,
J.D.McLean
Secretary.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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458
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Pages 202 Declaration signed by the widow of squatter Thomas Thouin, Ste Lucie, 21 May 1904,
making oath that they will leave the Reserve and not come back.
“Whereas the improvements on the land oc-
cupied by Mrs. Thomas Thouin in the Doncaster Indian Re-
serve, Que., have been valued in the sum of Fifty-five
Dollars, and the said Mrs. Thomas Thouin is satisfied and
accept the said valuation, and the said Mrs. Thomas Thouin
has been paid the said sum of Fifty-five Dollars in full
for all claims against the Department of Indian Affairs
and the said Doncaster Indian Reserve, the receipt of
which is hereby by her acknowledged, the said Mrs. Thomas
Thouin makes oath and says that she has vacated the said
Indian Reserve, and doth hereby promise and swear that she
will never again, either directly or indirectly, trespass
in any manner whatsoever on the said Reserve.
Dame Thomas x Thouin
Sworn before me this
21st of May, 1904, at St.Lucie, Que.
Ovide Beauchamp Maire
Witnesses:-
x Roch Thouin
x Zotique Cardin ptre. "
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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459
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
The same Declaration of making oath that squatters will leave the Reserve and not come back
happened for:
Pages 203 Declaration signed by squatter Pierre Maillé, Ste Lucie, 21 May 1904, making oath
that they will leave the Reserve and not come back.
For some the declaration was more likely expressed as a clemency in order to receive the last
funds due to them for their compensation of the balance due, respectfully, as exposed here:
Pages 204 Declaration signed by squatter Joseph Miron, Ste Lucie, 23 May 1904, making oath
that they will leave the Reserve and not come back.
“Je, Joseph Miron, par le présent jure avoir évacué
abandonné la Réserve Indienne du Canton de Doncaster
n’ayant pris avec moi que mes animaux et mes biens
meubles, laissant tout le reste tel qu’il était quand en
ma possession; de plus je promets et jure n’avoir plus
et ne plus vouloir avoir chose quelconque au sujet
de la dite “Réserve”, soit directement soit indirectement,
après le règlement de la présente affaire. Donc, tel que
convenu, je suis en mesure de demander respectueusement
au Département des affaires indiennes, que l’on veuille bien
m’adresser la balance due à moi pour les améliorations
et travaux que j’ai faits comme squatter sur la dite
Réserve”.
Joseph x Miron
Assermenté devant moi à Ste Lucie
de Doncaster ce vingtroisième jour de mai 1904
Ovide Beauchamp Maire
Témoins:
Ecalapha Forget
Zotique Cardin ptre”
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460
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
For some the declaration was more likely expressed as a clemency in order to receive the last
funds due to them for their compensation of the balance due, respectfully, as exposed here:
Pages 205 Declaration signed by squatter Napoleon Constantineau, Ste Lucie, 23 May 1904,
making oath that they will leave the Reserve and not come back.
Pages 206 Declaration signed by squatter Isidore Legault, Ste Lucie, 17 May 1904, making oath
that they will leave the Reserve and not come back.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
461
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 207-208 Priest Zotique Cardin asks the Indian Affairs Surveyor to cover the amounts
owed to the last squatters on 13 June 2017.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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462
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 209 J.D. McLean Indian Affairs Secretary send the money in cheques to Priest Zotique
Cardin in order for him to deliver the said checks to the squatters in order to conclude the
present compensations on 26 May 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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463
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 210 Samuel Bray, Indian Affairs Surveyor, to Superintendent General, Ottawa, 26 May
1904.
No. 34070/2Ty
Memo.
Department of Indian Affairs,
Ottawa, 26th May, 1904.
The Deputy Supt. General,-
The Rev. Father Zotique Cardin of St. Lucie
has forwarded herewith three sworn declarations from squat-
ters on the Doncaster Indian Reserve to the effect that
they have vacated the Reserve, and that they are now en-
titled to the balance due for them for their squatters’ im-
provements on the said Reserve.
I beg to recommend that the balances due the
respective individuals, Messrs. Isidore Legault, Napoleon
Constantineau and Jos. Miron, be paid them forthwith.
Hereunder is a draft of a letter to the Rev.
Father Cardin, which is submitted for your consideration
and approval.
x S. Bray
Chief Surveyor.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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464
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 211-212 extract of the Book of Reference of a part of the District of Doncaster,
Terrebonne County exposing the lots-Livre de Renvois official annexed in the next letter of 29
May 1904 from the Land Branch’s Secretary to J.D. McLean, Indian Affairs Secretary.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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465
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Extract from Eric Pouliot’s book online at Library and Archives Canada available online entitled:
50
Ste Lucie, Doncaster: Tioweró:ton archives 1851-1921
50
Ste Lucie, Doncaster: Tioweró:ton archives 1851-1921 from Eric Pouliot’s book online at Library and
Archives Canada available online: http://epe.lac-bac.gc.ca/100/200/300/eric_pouliot-
thisdale/ste_lucie/Ste_Lucie_Doncaster_Tioweroton_archives_1851_to_1921.pdf
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
466
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 213 Letter from the Secretary of Cadasters of Lands Branch, Arthur Valin to J.D. McLean
Indian Affairs Secretary on 28 May 1904 concerning lots 28, 29 and 30 in Ranges 1 to 7 inclusive
with an extract of the book of reference (As seen on pages 211-212)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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467
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 214 Letter from Superintendent General of Indian Affairs, Pedley from 6 June 1904 to
Bray the Surveyor in Chief, to appoint a meeting.
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468
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 215-216 Memo of 10 June 1904 from Samuel Bray, Surveyor in Chief to the Deputy
Superintendent General on the subject of the South western boundary and as to if “Lot 30
should be drawn as the boundary.”
N0 34070/ 2Ty.
Memo Department of Indian Affairs,
Ottawa, 10 June 1904.
The Deputy Supt. General,-
In accordance with your instructions of the
th
6 instant, I beg to report that I had interview with
Mr. E.E. Tache, Deputy Minister of Lands, Mines & Fisheries,
at which were present Mr. Gauvin, Superintendent of
Surveys, and his assistant Mr. Girouard, on the subject of
the Southwestern boundary of the Doncaster Reserve.
The second report from Mr. Surveyor Martin,
employed by the Quebec Government, had just been received.
He reports to the effect that he has been unable to find
sufficient indications on the ground of what is known as
the Central Line to be able to retrace it, and in fact this
proceeding is practically impossible. No, therefore, recom-
mended that a new or arbitrary line should be run.
The question then arose as to whether the
said Central Line was over intended to the boundary of the
reserve. No records whatever could be found on this
point. On the other hand the field notes showed that Lot
30 had been surveyed in every case as Crown Lands. It is
also to be noted that the plan of the Reserve in the Depart-
ment shows that the East boundary of Lot 30 is the boundary
of the Reserve.
A discussion was then had as to whether the
said last East boundary of Lot 30 should be drawn as the boundary
of the Reserve. In reply to Mr. Tache, I stated that, in
view of the foregoing, if his Department issued instructions
to the effect that the East boundary of Lot 30 in each
range should be surveyed as the true and legal boundary of the
Reserve, I felt assured that the Department of Indian
Affairs would raise no objections.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
469
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 215-216 Memo of 10 June 1904 from Samuel Bray, Surveyor in Chief to the Deputy
Superintendent General on the subject of the South western boundary and as to if “Lot 30
should be drawn as the boundary.”
“ page 2
I beg to submit this decision for your con-
sideration and approval, as it appears to be the most
sensible, practicable, just and satisfactory decision for
all parties interested that can be arrived at, and it is to
be noted that the Reserve will be left of the full size it
was intended to be when first set apart.
x S. Bray,
Chief Surveyor.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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470
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 217 (transcribed and translated on page 219) Declaration of Isaï Miron, squatter, Ste Lucie,
9 June 1904.
"Je, Isaï Miron, par le présent jure avoir évacué, abandonné
la Réserve Indienne du Canton de Doncaster, n’ayant pris
avec moi que mes animaux et mes biens meubles, lais-
sant tout le reste tel qu’il était quand en ma possession;
de plus je promets et jure n’avoir plus et ne plus vouloir
avoir chose quelconque au sujet de la dite “Réserve”, soit
directement soit indirectement, après le règlement de
la présente affaire.
Donc, tel que convenu, je suis en demeure de demander
respectueusement au Département des affaires indiennes,
que l’on veuille bien m’adresser la balance due
à moi pour les améliorations et travaux que j’ai faits
comme “squatter” sur la dite “Réserve”.
Isaï Miron
Assermenté devant moi à Ste Lucie
de Doncaster ce neuvième jour de juin 1904
Ovide Beauchamp Maire
Témoins:
x Léopold André
x Zotique Cardin ptre"
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
471
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 217 Declaration of Isaï Miron, (same for George Cloutier) squatter, Ste Lucie, 9 June 1904.
Isaï Miron
"Je, George Cloutier, par le présent jure avoir évacué, abandonné
la Réserve Indienne du Canton de Doncaster, n’ayant pris
avec moi que mes animaux et mes biens meubles, lais-
sant tout le reste tel qu’il était quand en ma possession;
de plus je promets et jure n’avoir plus et ne plus vouloir
avoir chose quelconque au sujet de la dite “Réserve”, soit
directement soit indirectement, après le règlement de
la présente affaire.
Donc, tel que convenu, je suis en demeure de demander
respectueusement au Département des affaires indiennes,
que l’on veuille bien m’adresser la balance due
à moi pour les améliorations et travaux que j’ai faits
comme “squatter” sur la dite “Réserve”.
Isaï Miron
Assermenté devant moi à Ste Lucie
de Doncaster ce 7th & 9th neuvième jour de juin 1904
Ovide Beauchamp Maire
Témoins:
x Léopold André
x Zotique Cardin ptre"
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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472
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 218 Declaration of George Cloutier, squatter, Ste Lucie, 7 June 1904.
"Je, George Cloutier, par le présent jure avoir évacué,
abandonné la Réserve Indienne du Canton de Doncaster,
n’ayant pris avec moi que mes animaux et mes biens
meubles, laissant tout le reste tel qu’il était quand
en ma possession; de plus je promets et jure n’avoir
plus et ne plus vouloir avoir chose quelconque au
sujet de la dite “Réserve”, soit directement soit indi-
rectement, après le règlement de la présente affaire.
Donc, tel que convenu, je suis en demeure de demander
respectueusement au Département des affaires indiennes,
que l’on veuille bien m’adresser la balance due à moi pour
les améliorations et travaux que j’ai faits comme “squatter”
sur la dite “Réserve”.
George Cloutier
Assermenté devant moi à Ste Lucie
ce septième jour de juin 1904
Ovide Beauchamp Maire
Témoins: Castopha Roy Forget
Zotique Cardin ptre"
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
473
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 219-220 Zotique Cardin, Priest of Ste Lucie, to J.D. McLean, Secretary of Indian Affairs,
Sainte-Lucie, 9 June 1904. (Translation pages 221-222)
"Sainte Lucie ? juin 1904 A Monsieur J.D. vous me dîtes dans votre lettre du 26 mai
McLean, Secrétaire au Département des affaires dernier. Comme vous le voyez je vous adresse
indiennes avec la présente [souligné] les reçus [souligné]
Mon cher Monsieur, J’ai reçu avec plaisir, pour pour les trois chèques: de messieurs Napoléon
mes “squatters”, les chèques envoyés, et pour Constantineau, Joseph Miron et Isidore Legault
moi la réponse demandée. Je serai heureux de [plus?] les certificats assermentés de Mess.
George Cloutier et Isaï Miron. J’ai l’honneur
vous dire que j’avais été mal informé. J’ai vu les
d’être Monsieur le Secrétaire Votre tou dévoué
squatter eux mêmes et il ne s’agissait que de Zotique Cardin ptre"
choses de peu de valeur.
Comme
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
474
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 221 Declaration of Isaï Miron, (same for George Cloutier) squatter, Ste Lucie, 9 June 1904.
Isaï Miron
"I,, George Cloutier, hereby swear that I have
left and abandoned the Indian Reserve in Doncaster [?], having
taken with me only my animals and my moveable effects, leaving all
the rest as they were when in my possession; moreover I promise and
swear that I have not and do not wish to have anything else what-
ever in connection with the said reserve either directly or indi-
rectly after the settlement of the present matter. Therefore, as
agreed, I am in a position to ask respectfully that the Dept. of
Indian Affairs will be kind enough to send me the balance due me
for improvements and work that I have done as a squatter on the
said reserve.
Isaï Miron
George X CLoutier
Sworn before me at Ste. Lucie
thi 7th & 9th day of June 1904
Ovide Beauchamp Mayor
witnesses:
x Léopold André
x Zotique Cardin ptre"
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
475
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 222-223 Zotique Cardin, Priest of Ste. Lucie, to J.D. McLean, Secretary of Indian Affairs,
Sainte-Lucie, 9 June 1904 (Translation pages 221-222)
"Sainte Lucie June 9, 1904
J.D. McLean, Esq.,
Secretary Dept of I.A.
My Dear Sir,-
I received with pleasure
for my “squatters”, the cheques sent,
and I am happy to see that I had
been misinformed.. I received the
squatters themselves and it was only
in regard to matters of small value
as you told me in your letter of May 26
last.
As you will observe,
I sent you herewith the receipt for the
three cheques - for messirs Napoleon
Constantineau, Joseph Miron and Isidore
Legault also sworn certificats from
messrs Geo Cloutier and Isai Miron
I have, etc.,
Zotique Cardin, P.C."
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
476
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 224 Minuteries of the Caughnawaga Council 27 May 1904 about boundaries of Sault St.
Louis as well as Doncaster. (Note below: “Agent covering letter dated 9th June 1904.”)
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477
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 225 Samuel Bray Surveyor to Superintendent General of Indian Affairs from 15 June
1904.
No. 34070/2.
Memo. Department of Indian Affairs
Ottawa, 15th June, 1904
The Deputy Supt. General,-
The documents submitted, hereunder, by the
Rev. Father Cardin appear to be in order. I beg to recom-
mend that the balances due to George Cloutier and Isiah
Miron, on account of their squatters’ improvements on the
Doncaster Indian Reserve, be now paid them.
I may say that this completes the payment
of all the squatters on the said Reserve, except those
whose improvements are adjacent to the Southwest boundary
of the Reserve, and those of two squatters who cannot be
found and who have abandoned their improvements. All the
squatters who have been paid have according to their sworn
declarations left the Reserve.
x S. Bray
Chief Surveyor
[hand written note on the left side]
Immediate CK 791 for $1230.00 CK 792 $115 793 $796 $911
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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478
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 226-227 (page 227 is a copy) Memorandum from Deputy Superintendent General of
Indian Affairs, Mr Scott from 26 May 1904 about sums owed by Isaie Miron to Eusebe
Guilbeault, $115.00, suggesting an arrangement.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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479
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 228 Letter of 22 June 1904 from J.D. McLean, Secretary of Indian Affairs to reverent
Zotique Cardin exposing that in order to get back the due sums, he is asking him to “use your
best endeavour to get Mr. Miron to endorse this cheque for $115.00 and then return it to the
Department. If Mr. Miron refuses to endorse it, you should return it to the Department.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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480
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 229 In a letter from 20 June 1904, J. Waniente Jocks in Caughnawaga asks J.D. McLean,
Secretary of Indian Affairs if all white intruders received their compensations, putting emphasis
on a man owning a butter factory and the hotel keeper. Jocks mentions that they will leave
when they will get compensated, and asks when will the Department fulfill this last task in the
matter. (answered on page 231)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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481
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 229 In a letter from 20 June 1904, J. Waniente Jocks in Caughnawaga asks J.D. McLean,
Secretary of Indian Affairs if all white intruders received their compensations, putting emphasis
on a man owning a butter factory and the hotel keeper. Jocks mentions that they will leave
when they will get compensated, and asks when will the Department fulfill this last task in the
matter. . (answered on page 231)
The butter factory is of course quite potentially Israel Thouin since he is mentioned in this
undated document entitled: Statement giving names of squatters on the Doncaster Reserve, the
extent of their holdings, and an estimate of improvements.
(1) Israel Thouin purchased fifteen years ago from F. Menard and H. Deslauriers, who
appeared to have been original squatters, their right to 350 acres on the Reserve for
which he paid $1,050.00. He has 120 acres broken, a good house, barns, stables, shed
and fences, and a cheese and butter factory. He values his improvements at $3,000.00
which appears to be within the mark. The land was first squatted upon forty years ago.
As for the hotel keeper, he is quite potentially
(11)Rock Thouin claims 450 acres which he bought 20 years ago from B. Gauthier, L.
Pelletier, N. Pelletier and Noe Forget for $200.00, the land having been held for from five
to ten years previously. He has 300 acres broken and fenced, a large barn and stable. All
the land is cleared and he values his improvement at $4,000.00. He does not live on the
reserve. He is a hotel keeper in the village of St Lucie.
He is also mentioned in a report from Samuel Bray Surveyor from 22 April 1903:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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482
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 230 Letter of 22 June 1904 from J.D. McLean, Secretary of Indian Affairs asking for an
update to Samuel Bray, Surveyor, about the instructions of the Southwestern boundary.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
483
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 231 Letter of 22 June 1904 from J.D. McLean, Secretary of Indian Affairs answering the
letter from 20 June 1904, by J. Waniente Jocks on behalf of the Caughnawaga Council.
(From doc 34070 /2)
“Ottawa, 24th June, 1904.
Sir,-
In reply to your letter of the 20th instant,
I beg to inform you that those squatters whose improvements
are not adjacent to the Southwestern boundary of the Don-
caster Indian Reserve have been paid for, and they have
removed from the Reserve.
Those squatters whose improvements are ad-
jacent to the said boundary have not been paid, neither
can they be paid until the said boundary has been defined
on the ground.
The instructions for the survey of this
boundary have, by law, to be issued by the Crown Lands De-
partment of Quebec. There appears to be some difficulty,
as, notwithstanding repeated requests from the Department,
the instructions have not yet been sent.
With reference to locating Indians of Caugh-
nawaga or Oka on the Reserve, I have to say that Mr. Agent
Blain was requested on the 27th January last to inform the
Indian Council that no settlement of any permanent nature
is to be made by Indians on the Doncaster Reserve, un-
til the same has been properly surveyed and subdivided.
Your obedient Servant,
J.D. McLean Secretary
J.W. Jocks, Esq.,
Care of J. Blain, Esq.,
Indian Agent,
161 Montana street,
Montreal, Que.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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484
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 232 Letter of 29 June 1904 from J.D. McLean, Secretary of Indian Affairs to Mr F.C.
Laberge was appointed for the surveying of the Doncaster Reserve. (From doc 34070 /2)
“Ottawa, 29 June, 1904.
Sir,-
The Southwest boundary of the Indian Reserve, which
is situated in the Southeast or Easterly quarter of the
Township of Doncaster, que., requires to be retraced and
permanently established on the ground.
As this line falls under the question of Article
4156 of the Revised Statutes of Quebec, the instructions
for the survey of the line require to be issued by the Com-
missioner of Crown Lands, Que.
The Commissioner has informed this Depart-ment
that he forwarded the said instructions to you on the
15th instant in accordance with the request of the Department.
I have to say that it is very desirable that
the line should be defined at once; I have to request you
to be good enough to inform ,e at what date you will be
able to commence work.
You are probably aware that the cost of the
survey will be paid by this Department. It is of course de-
sirable that you should do carefull and correct work; at the
same time it is expected that you will be reasonable econo-
mical, and use every means to complete the work at as early
a date as possible.
I have to request you to plant substantial posts of
cedar properly marked to indicate your line or lines, and
in every case where they mark the boundary of the Reserve,
they should be wall mounded with earth and stones.
Your obedient servant,
J.D. McLean
Secretary.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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485
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 233-234 (From doc 34070 /2) J.D. McLean, Secretary of Indian Affairs to, F.C. Laberge,
Surveyor in Chief, Ottawa, 11 July 1904 about the management and agenda of the survey.
“F.C. Laberge Esq., P.L.S.
71 A St. James Street
Montreal, Que.
Ottawa, 11th July, 1904.
Sir,-
I beg to acknowledge the receipt of your letter
of the 7th instant, and in reply would say that the Depart-
ment has not yet been furnished with a copy of the instruct-
tions sent to you by Mr. Taché for the survey of the South-
west boundary of the Doncaster Indian Reserve, Que.
The said instructions probably contain all, or
nearly all, that is necessary. I may, however, state that
it is especially desired by this Department that all posts
planted by yourself should of as permanent a nature as
possible. For this purpose you should mound each one well
with stones if they can be readily obtained, if not mound
them with earth.
All your accounts and expenses should be returned
in detail, and in duplicate. You should furnish vouchers
for all disbursements, and your pay sheets should be duly
signed by the persons whom you have employed. You are ex-
pected to be reasonably economical. All your accounts,
after being examined, will be paid, if found reasonable
and correct.
After you have commenced the work, an advance
will be made to you on account, if you make application for
it.
Copies of your returns, namely field notes, plan, pro-
cess verbal and report should be prepared and sent to
this...”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
486
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 233-234 (From doc 34070 /2) J.D. McLean, Secretary of Indian Affairs to, F.C. Laberge,
Surveyor in Chief, Ottawa, 11 July 1904 about the management and agenda of the survey.
“...Department, after they have been approved by the Deputy
Commissionner of Crown Lands, Que.
It is especially desired that you should
hurry this work forward. Blank forms have been sent to you
by mail.
Your obedient servant
J.D.McLean
Secretary.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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487
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 235-237, 235. E.E. Taché, Sub-Minister of Department of Lands, Mines and Fisheries to
F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03- “Instructions to Mr. F.C. Laberge,
Surveyor for the establishment of the Southwest limits of the Reserve of Doncaster, County of
Terrebonne.” (Original in French pages 235-237, followed by translation, pages 238-241.)
“ Monsieur,
Sur la demande que lui en a faite le Département des
affaires des Sauvages du Canada, l’Honorable Ministres des Terres, Mines et Pê-
cheries vous charge par les présentes de rétablir sur le terrain, la limite
sud-ouest de la réserve des Sauvages de Doncaster, dans le comté de Terrebon-
ne, c’est-à-dire d’une partie de la ligne centrale du canton Doncaster, qui
est en même temps la limite nord-ouest du lot No. 30 de chacun des six premiers
rangs de ce canton.
Voici comment vous procéderez: Partant, sur chaque cordon ou
ligne de rang, de la ligne reconnue entre les lots 29 et 30, vous chaînerez
dans la direction du nord-est en suivant le cordon primitif, s’il vous est
possible de le retrouver au nord-est de la ligne 29-30, ou, dans le cas con-
traire, en suivant le prolongement du cordon existant (au sud-ouest de la
ligne 29-30) la largeur du lot No 30 d’après les notes de l’arpentage primi-
tif dudit canton, dont vous trouverez ci-joint un extrait.
Dans les cas où il y aurait doute sur la position vérita-
ble de ladite ligne 29-30, vous devrez la rétablir d’après les notes dudit
arpentage primitif en chaînant la largeur des lots à partir de la ligne de
lot la plus rapprochée qui aura pu être reconnue et constatée d’une manière
claire et satisfaisante comme limite entre deux lots de l’arpentage primitif.
Toutefois sur la ligne entre Doncaster et Wexford, la [limite]
nord-est du lot 30 (1er rang) ne sera pas établie par un chaînage, co[mme ce-
(celà) ]la doit avoir lieu sur les lignes de rangs, le coin sud-est dudit lot [de]
vant y coincider avec l’extrémitié nord-ouest de la ligne centrale de [Wex]
ford.
Après avoir établi tel que susdit, chaque ligne de [?] point
de ladite ligne centrale du Canton de Doncaster ou ligne nord-est [?]
30, vous joindrez ces points deux à deux par des lignes droites que
[vous ch]aînerez avec soin, les angles fermés par ces droites devant être… "
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
488
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 235-237, 236. E.E. Taché, Sub-Minister of Department of Lands, Mines and Fisheries to
F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03- “Instructions to Mr. F.C. Laberge,
Surveyor for the establishment of the Southwest limits of the Reserve of Doncaster, County of
Terrebonne.” (Original in French pages 235-237, followed by translation, pages 238-241.)
“relevés avec la plus grande exactitude possible. Toutes ces lignes dont l’en-
semble formera la ligne centrale des 6 premiers rangs du canton Doncaster,
devront être bien ouvertes, bien plaquées, et bien débarrassées sur au moins
3 pieds de largeur libre. Vous planterez des bornes de pierre avec témoins
dessous, à chaque extrémité de la partie de la ligne centrale que vous avez
à établir et aussi à chaque point d’intersection de cette ligne et des cor-
dons ou lignes de rangs. Ces bornes devront être accompagnées de forts po-
teaux en cèdre, solidement plantés en terre, équarris à la tête et lisiblement
marqués chacun, à chacun des numéros des lots et des 204 64 rangs entre lesquels ils
seront érigés.
Vous remarquerez, sur le plan qui accompagne l’un de ces rap-
ports *, qu’il y a eu, au sud-ouest de la ligne centrale approximative deux lignes
comme cordons entre les rangs 6 & 7. Avant de faire entre ces deux rangs, [?]
que présent ci-dessus, le chaînage de la largeur du lot 30, vous devrez v[ous]
assurer laquelle de ces lignes doit être considérée comme la véritable [sépa-]
ration de ces deux rangs. Si vous constatez que c’est la ligne la
plus au nordouest qui est la limite véritable entre ces deux rangs v[?]
vrez mesurer la largeur du lot 30 dans le prolongement_ vers le nord [?]
de cette ligne de rang à partir du poteau 29-30 que vous aurez retr[?]
que vous aurez rétabli.
Vous devrez donner dans votre carnet d’opération [??]
transmettrez copie à ce Département, l’azimut astronomique de toutes [li]
gnes, soit neuves soit renouvelées.
Vous trouverez ci-joint copies des rapports * de Mr. l’[?]
J.A. Martin, touchant la ligne en question. L’un de ces rapports, celui [?]
mars 1904, est accompagné d’un plan détaillé des lieux qui vous sera [?]
grande utilité pour l’étude préliminaire du terrain et aussi pour l[?]
cherches et constatations que vous aurez à faire avant d’établir [?]
ment la ligne dont il s’agit.
Comme nous le comprenons, ce travail doit être com[plété?]
le 30 de ce mois. En conséquence vous voudrez bien vous mettre i[?]
en communication avec le Département des Sauvages du Canada, à [?]
doit payer tous les frais de cette opération.
Cependant…"
(Note left margin: "Voir l’avant dernier alinéa de
cette page." / "See the last last paragraph of this
page.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
489
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 235-237, 237. E.E. Taché, Sub-Minister of Department of Lands, Mines and Fisheries to
F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03- “Instructions to Mr. F.C. Laberge,
Surveyor for the establishment of the Southwest limits of the Reserve of Doncaster, County of
Terrebonne.” (Original in French pages 235-237, followed by translation, pages 238-241.)
“Cependant, vous devrez transmettre à ce Département des Terres, Mi-
nes et Pêcheries, une copie de vos plans, notes, rapports, etc; elle vous sera payée
aux taux ordinaires.
[Stripped section]
Vous trouverez ci-joint copie des rapports de Mr. l’arpenteur
J.A. Martin, touchant la ligne en question. L’un de ces rapports, celui du 8
mars 1904 est accompagné d’un plan détaillé des lieux qui vous sera d’une
grande utilité pour l’étude préliminaire du terrain et aussi pour les re-
cherches et constructions que vous aurez à faire avant d’établir définitive-
ment la ligne dont il s’agit.
Votre plan devra être dressé à l’échelle de 20 chaînes au pouce
et contenir tous les renseignements topographiques importants sur une zone
de 2 à 3 chaînes de largeur de part et d’autre des lignes que vous chaîne-
rez, relèverez ou tracerez. Vous indiquerez aussi avec soin sur votre plan tous
les bâtiments, défrichements, chemins, etc. qui se trouveront au nordest de la
ligne centrale en question, c’est-à-dire sur ladite réserve des Sauvages, dans
un rayon d’une dizaine de chaînes. Vous transmettrez une copie fidèle et dé-
taillée de votre carnet d’opération. Votre rapport devra faire mention de [?]
tout ce que vous aurez trouvé en fait de marques de l’arpentage primitif,
la marche générale des opérations, de la qualité et de la nature du terrain, des
arbres, etc, etc.
Département des Terres, Mines
J’ai l’honneur d’être
et Pêcheries
Monsieur
Québec, 13 juin 1904
votre Obéissant Serviteur
E.E. Taché
Sous-Ministre.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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490
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 238-241, 238,Translation of original letter from; E.E. Taché, Sub-Minister of Department
of Lands, Mines and Fisheries to F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03-
“Instructions to Mr. F.C. Laberge, Surveyor for the establishment of the Southwest limits of the
Reserve of Doncaster, County of Terrebonne.” (Original in French on previous pages 235-237.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
491
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 238-241, 239. Translation of original letter from; E.E. Taché, Sub-Minister of Department
of Lands, Mines and Fisheries to F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03-
“Instructions to Mr. F.C. Laberge, Surveyor for the establishment of the Southwest limits of the
Reserve of Doncaster, County of Terrebonne.” (Original in French on previous pages 235-237.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
492
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 238-241, 240. Translation of original letter from; E.E. Taché, Sub-Minister of Department
of Lands, Mines and Fisheries to F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03-
“Instructions to Mr. F.C. Laberge, Surveyor for the establishment of the Southwest limits of the
Reserve of Doncaster, County of Terrebonne.” (Original in French on previous pages 235-237.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
493
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 238-241, 241. Translation of original letter from; E.E. Taché, Sub-Minister of Department
of Lands, Mines and Fisheries to F.C. Laberge, Surveyor, Quebec, June 13 1904. L.21983/03-
“Instructions to Mr. F.C. Laberge, Surveyor for the establishment of the Southwest limits of the
Reserve of Doncaster, County of Terrebonne.” (Original in French on previous pages 235-237.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
494
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 242 Samuel Bray, Surveyor in Chief of Indian Affairs to Frank Pedley, Superintendent
General of Indian Affairs, Ottawa, 23 July 1904, exposing that:
“Mr. F.C. Laberge, the Surveyor appointed to establish the Southwest boundary of the Doncaster
Indian Reserve, informed the Department, under the date of the 7th instant, that he intended to
commence the survey on the 12th following He should be now at work.
When his survey is completed, the report can then be ascertained which improvements were
made by the said squatters. Near the said boundary (which are not yet paid for) lie within the
limits of the Reserve and their value, in order that they may be paid and ordered to leave the
Reserve. This section will then close the matter.
Mr. Laberge will be written to asking him to hurry the work forward.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
495
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 243-244 1-Receipt made by Indian Agent Périllard on 20 July 1904 to Timothe Arirhon
from receipt for translations from English to Iroquois for an Assembly concerning Doncaster,
held on July 19, 1904: $2.00.
2--Receipts made by Indian Agent Périllard on 20 July 1904 to Michel Frett from receipt for
account for rent of a house for an Assembly concerning Doncaster, held on July 19, 1904: $2.00.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
496
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 245-246 On 20 July 1904, Indian Agent Joseph Périllard exposing to his Superintendent
that the accounts-bills concerning the assembly held by the Oka Indians concerning the
Doncaster Reserve: rent of a house and translator’s fees. (Translation page 246.)
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
497
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 247 Letter-post Card from 1st August 1904 from Surveyor Laberge exposing to J.D.
McLean Secretary of Indian Affairs that concerning the Central Line of Doncaster, exposing that
the work will be finished the 3rd instant (August 1904) and that he will forward a copy of the
plan and field notes in the beginning of next week, expressing he had difficulties finding certain
points but as he expressed: “but every thing will come out alright.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
498
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 248-249 (250-251; identical) Sketches of letters of Oath of Squatters leaving the lands, with
concluded arrangements with the Governments, as seen in previous letters of Oaths.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
499
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 252-256 Samuel Bray, Surveyor in Chief for Indian Affairs to, Frank Pedley,
Superintendant General du Department of Indian Affairs, Sainte-Lucie, 26 August 1904.
“34070/2
Immediate
Mem.
St. Lucie _ Que.
26th Aug. 1903
The Deputy Superintendant General
I have examined the improvements
of squatters on the Doncaster Indian Reserve
adjacent to its South-western boundary, which
has been recently defined by Mr. F.C. Laberge
P.L.S. and beg to submit for your consideration
and approval the following statement of values
to be paid to the said squatters on their ceasing
to trespass on the Reserve;
1. Israel Thouin 988
Improvements on Lots 31 and 32 Range 6.
42 acres well cleared valued at $800.00
Extra for fencing 100.00
Clearing and improvements in Range 5 100.00
Total $1000.00
Mr. Thouin may move the fence North of
the road on to the new line. Hereafter the
Indians are to keep in repair one half of the same.
Mr. Thouin may draw water, as heretofore
during pleasure, from a certain spring on
the Reserve situated about 500 feet from his barn.
The Easterly corner of Mr. Thouin’s barn is on the
Reserve about one foot. This trespass is
allowed...(during
pleasure)”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
500
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 252-256 Samuel Bray, Surveyor in Chief for Indian Affairs to, Frank Pedley,
Superintendant General du Department of Indian Affairs, Sainte-Lucie, 26 August 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
501
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 252-256 Samuel Bray, Surveyor in Chief for Indian Affairs to, Frank Pedley,
Superintendant General du Department of Indian Affairs, Sainte-Lucie, 26 August 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
502
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 257 J.D. McLean, Secretary of Indian Affairs, to Zotique Cardin, Priest of Ste. Lucie,
Ottawa, 31 August 1904.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
503
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 258-263 Letters of Oath of Squatters leaving the lands, with concluded arrangements with
the Government. 11 September 1904.
“Whereas the improvements on the land occupied by
Eugene Lecault in the Doncaster Indian Reserve, Que., have
been valued in the sum of fifty Dollars, and the said Eugene
Lecault is satisfied and accepts the said valuation, and the
said Eugene Lecault has been paid the said sum of Fifty Dollars
in full for all claims against the Department of Indian Affairs,
and the said Doncaster Indian Reserve, the receipt of which is
hereby by him acknowledged, the said Eugene Lecault makes
oath and says that he has vacated the said Indian Reserve, and
doth hereby promise and swear that he will never again, either
directly or indirectly, trespass in any manner whatsoever on the
said Reserve.
Eugene Lecault
Sworn before me this
11th September 1904, at st. Lucie, P.Q.
Ovide Beauchamp Mayor
Witnesses: x Laurenzo Lahaie
X Zotique Cardin, Mayor.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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504
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 258 Page 258-263 Letters of Oath of Squatters leaving the lands, with concluded
arrangements with the Government. 11 September 1904. Exact same formulas as the first one
for the next pages:
Page 258- 11 September 1904, Eugene Lecault
Page 259- 14 September 1904, Adelard Perron
Page 260- 4 September 1904, Joseph Huotte
Page 261- 4September 1904, Edmon Cloutier
Page 262- 5 September 1904, Roch Thouin
Page 263- 5 September 1904, Israel Thouin
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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505
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 264 Meeting of Council of Caughnawaga: 15 November 1904: Exposing ascertaining the
damages occured from wood removal which is going on, and expenses of the trip.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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506
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 265 Letter from 26 November 1904 from J.D. McLean Indian Affairs Secretary concerning
a Resolution passed on Council in Caughnawaga exposing that Chief Daillebout be instructed to
go to Doncaster to ascertain and report damages caused by wood removal.
Below, a note from McLean exposes:
“The Dept has not been informed as to any removal of wood from the Reserve nor why it is
necessary for two persons to go to evoke the enquiries.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
507
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 274 Letter from 16 December 1904 from Accountancy of Indian Affairs Secretary
concerning a Resolution passed on Council in Caughnawaga exposing that Chief Daillebout be
ascertained and report fees covered by Indian Affairs.
Below, a note exposes:
“Note: agents covering letter dated 7th January 1905.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
508
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 266-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
509
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 267-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
510
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 268-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
511
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 269-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
512
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 270-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
513
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 271-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
514
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 272-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
515
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 266-273. 273-Full Report of F.C. Laberge Surveyor appointed for the surveying of the
Doncaster Reserve, to the Secretary of 23rd August 1904 to the Department of Indian Affairs.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
516
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 275 (Page 274 is classified after page 265) Philippe Demers, M.P. sent a letter to J.D
McLean on 6 January 1905, exposing that the late fees to the claim of Mr Viens a squatter,
would have been paid to him if having known where he was located or of he entered his claim
before the Parliamentary votes for the payments of the squatters claims has lapsed.
“Sir last fall a friend of mine Mr Fr Viens ... a claim concerning the Doncaster Indian Reserve
Que. You answered him of the 11th of November last (1904) no 34070/2 that his claim was
valued at $1—that he has not found his claim in the proper time and that the money lapsed.
Would you not recommend that this sum be sent again if the estimate of there is no other reason
to defain this poor man of his due ? Yours truly, Philippe Demers, M.P.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
517
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 276 (Page 274 is classified after page 265) Letter from 28 January 1905 from Samuel Bray,
Chief Surveyor to the Deputy Superintendent General of Indian Affairs exposing clarifications
concerning the late letter of M.P. Louis Phillipe Demers from House of Commons to J.D McLean
exposing that the late fees to the claim of Mr Viens a squatter, would have been paid to him if
having known where he was located or of he entered his claim before the Parliamentary votes
for the payments of the squatters claims has lapsed. Below he adds: “ The claim is a just one,
and if provided for in the Estimate, I presume it would be simply a revote.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
518
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 277 On 30 January 1905, J.D. McLean Indian Affairs Deputy Superintendent General
answers M.P. Louis Phillipe Demers from House of Commons exposing his request for the late
compensation was accepted:
“Dear Sir, In reply to your letter of the 26th instant, I beg to say that Mr. Viens claim as a squatter
on the Doncaster Indian Reserve will be considered when the supplementary estimation of this
Department are being prepared.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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519
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 278 Montreal Herald, 14 February 1903
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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520
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 279 Memorandum from Deputy Superintendent General of Indian Affairs from February
21st 1905 to the effect that:
“When at Caughnawaga on the 7t inst. Complaint was made of the altercation of the West
boundary of the Reserve and that the new line run recently if not clear. It was also stated that
timber was being out by the Lackawana & Charlemagne Lumber Company and the Maclaren
Company and that some of the Indians of Caughnawaga are cutting timber for sale.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
521
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 280 Memorandum from Samuel Bray Chief Surveyor to the Deputy Superintendent
General of Indien Affairs from 2 March 1905.
Note on the left side:
“1 Mr. Chitty
2 Dy (Deputy) Minister”
“Referring to your memorandum of the 21st
ultimo, I beg to state that no alteration what-
ever of the southwest boundary of the Doncaster Indian Re-
serve, Que., was made in the recent survey of this line.
The line was run in strict accordance with the law and ac-
cording to the instructions issued by the Crown Land
Department of Quebec. The line necessarily is not clear
for long distances because there is no standing timber on
which the usual blazes may be made indicating the line.
It is however, very much better posted that usual, and
with a little trouble can be easily followed.
x S. Bray
Chief Surveyor.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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522
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 281, Letter from George Chitty, Timber Inspector from 3 March 1905 to the Deputy
Minister M.P. Louis Phillipe Demers
“File 34070 /02
Memorandum.
Ottawa, 3rd March 1905.
To the Deputy Minister:-
With reference to your Memo. Of the 21st Ultimo,
hereunder I beg to state that the Charlemagne
& Lac Ouareau Lumber Company, Limited are the
Licences of Doncaster Reserve for Spruce and Cedar
Timber of 10 inches and over in diameter. They pay an
annual ground rent and fee of $83.00.
Mr. McLaurin is the Company’s Manager.
There does not appear to be any complaint before the
Department against Indians for cutting timber and
possibly they are working for the Company.
Geo. L. Chitty.
Timber Inspector.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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523
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 282 Extract of Minutes from Council held at Caughnawaga on 18th. April, 1905. Original on
Fyle No. 284, 192. Exposing the problems of people cutting wood on their lands.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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524
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 283-284 Indian Agent Blain exposes the "usefulness” of the last resolution in Council in
Caughnawaga, on 21 April 1905. Indian Affairs Secretary J.D. McLean answers Blain on 9 May
1905.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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525
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 285 Lawyer from Prévost & Rinfret, Agents : Barristers, from St. Jerome, sending the legal
bills, a letter entitled: The Department of Indian Affairs: In debt with Thibaudeau Rinfret, from
10 February, 1904, concerning Louis Beauvais and Francois Laurent (Thires).
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
526
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 286 Lawyer from Prévost & Rinfret, Agents : Barristers, from St. Jerome, sending the legal
bills, a letter entitled: The Department of Indian Affairs: In debt with Thibaudeau Rinfret, from
10 February, 1905, concerning Louis Beauvais and Francois Laurent (Thires).
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
527
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 287 Lawyer from Prévost & Rinfret, Agents : Barristers, from St. Jerome, answering Indian
Affairs Secretary J.D. McLean on the 15th of May 1905 exposing:
“In answer to your letter of May 6th, I beg to herewith
enclosed an authorized account of my professional services in
connection with trespass on the Doncaster Reserve and also
at Oka. I wish to say that I have already forwarded to your de-
partment an account dated February 10th 1904, which had been cer-
tified correct by the two Crown Prosecutors and by the Clerk of
the Crown. I have also a certificate from Judge Taschereau of the
Superior Court of Montreal, who presided the trial and I hold it
At your disposal.
Hoping that the enclosed account will receive the early consideration of the Department, I beg to
subscribe myself.
Respectfully yours,
Thibaudeau Rinfret.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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528
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 288 Report of Band Council of Caughnawaga from 17 May 1905 concerning the settlers
taking timber, exposing their travelling expenses.
“Indian Office 285189
Of Caughnawaga
Memo
May 17th, 1905
Report of Michel Daillebout and J.B.
Daillebout on visit to Doncaster Reserve
in November 1904.
Found that timbers was being taken by
settlers from the reserve, and learned
boundaries, made report to the band
on quality of land timber xc and on
to suitability for settlement., The views
of the undersigned as to dealing with
the reserve were given verbally to
Mr. Pedley. Fares on Railways $1.65 each
Each way carters boards and meals $5,40.
his
J.B. “x” Daillebout
mark
his
M. “x” Daillebout
Mark
Witness
J Waniente Jocks.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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529
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 289 Letter from 18 May 1905 from Indian Agent J.A. Macrae to H. Frank Pedley,
Department Superintendent General of Indian Affairs
“Windsor Hotel
Montreal, May 18, 1905.
Frank Pedley, Esq,
Deputy Superintendent General of Indian Affairs
Ottawa, Ont.
Sir,
I enclose herewith a report of Mr. J.B. Daillebout and M. Daillebout,
on a visit made by them to Doncaster Reserve in November
last. I have not seen the correspondence in this matter-which was
brought to my attention on the Reserve: but the circumstances which led
to their visit were, they say, described verbally to you. As they were
three days away, and had to pay their expenses to Doncaster and return
the amount charged is reasonable. It is very much less than they,
necessarily, must have expended, but the Band only offered to pay $5.00
each for expense, and they ask for no more.
I trust this matter may be settled as it have caused some irritation.
Your truly
x J.A. Macrea.”
Note written below exposed the agreement reading as:
“Refer Agent
Blain to letters
(turned out) the
claim of J.B. Daillebout and
M. Daillebout for
expenses going to
Doncaster Res.
Inform him a
report has been
received through
Inspector Macrae
of the services. Vouchers
may therefore be
forwarded in
their favour.
JWS.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
530
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 289 In the same letter from 18 May 1905 from Indian Agent J.A. Macrae to H. Frank
Pedley, Department Superintendent General of Indian Affairs a note written below exposed the
agreement reading as:
“Refer Agent
Blain to letters
(turned out) the
claim of J.B. Daillebout and
M. Daillebout for
expenses going to
Doncaster Res.
Inform him a
report has been
received through
Inspector Macrae
of the services. Vouchers
may therefore be
forwarded in
their favour.
JWS.”
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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531
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 290-292 from May-June 1905, from Lawyer Thibaudeau Rinfret, answering Indian Affairs
Secretary J.D. McLean in the May-June 1905 period after the previous letter sent the 15th of May
1905 exposing clarification in a deeper report of 3 pages.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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532
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 290-292 from May-June 1905, from Lawyer Thibaudeau Rinfret, answering Indian Affairs
Secretary J.D. McLean in the May-June 1905 period after the previous letter sent the 15th of May
1905 exposing clarification in a deeper report of 3 pages.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
533
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 290-292 from May-June 1905, from Lawyer Thibaudeau Rinfret, answering Indian Affairs
Secretary J.D. McLean in the May-June 1905 period after the previous letter sent the 15th of May
1905 exposing clarification in a deeper report of 3 pages.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
534
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 293-294 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Minister of
Justice, exposing clarification in a report of 2 pages exposing a detailed agenda of the legal
procedures encountered:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
535
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 293-294 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Minister of
Justice, exposing clarification in a report of 2 pages exposing a detailed agenda of the legal
procedures encountered:
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
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536
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 295-297 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of
Indian Affairs, a literal copy as the previous sent to Minister of Justice (on pages 290-292),
exposing clarification in a report of 2 pages exposing a detailed agenda of the legal procedures
encountered.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
537
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 295-297 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of
Indian Affairs, a literal copy as the previous sent to Minister of Justice (on pages 290-292),
exposing clarification in a report of 2 pages exposing a detailed agenda of the legal procedures
encountered.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
538
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 295-297 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of
Indian Affairs, a literal copy as the previous sent to Minister of Justice (on pages 290-292),
exposing clarification in a report of 2 pages exposing a detailed agenda of the legal procedures
encountered.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
539
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 298-299 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of
Indian Affairs, a literal copy as the previous sent to Minister of Justice.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
540
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 298-299 Letter from 7 June 1905, from Lawyer Thibaudeau Rinfret, to the Department of
Indian Affairs, a literal copy as the previous sent to Minister of Justice.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
541
CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY THE DONCASTER RESERVE AND THE SUBSEQUENT
SETTLEMENT WITH THE SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, Microfilm reel C-11172, Unsuccessful attempt to buy
the Doncaster reserve and settlement with the squatters
Page 300 On 7 June 1905 J.D. McLean Indian Affairs Secretary enclosed a $150,00 payment to
Lawyer Thibaudeau Rinfret, exposing that “it is not thought advisable to pay any cost in the
Louis Beauvais case.”
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542
NAMES ENCOUNTERED IN ALPHABETICAL ORDER
A-
André, Pierre or Paul, Assistant Secretary Treasurer of Doncaster, 1901.
André: Leopold André, Secretary Treasurer to the Municipality of Doncaster, 1897.
B-
Beauchamp, Ovide, Mayor of Ste. Lucie de Doncaster, 1897.
Belle, C.E., Esquire, Crown Timber Agent, Montreal, October 4, 1873.
Bernier, C.S., Superintendent of Department of Lands and Forests of Province of
Quebec, 1924.
Bray, Samuel Bray, Surveyor, 1901-1906
Brosseau, Alexander Brosseau, Indian Agent 1897.
Bruce, Robert, Superintendent of Indian Affairs, 1853.
Butler, Thomas John Indian Agent, 1874.
C-
Caldwell: Caldwell, Acting as Deputy Superintendent General of the Lands and Timber
Branch of Indian Affairs 1932.
Campbell, McMaster & Couture Law firm, 1901-1903.
Cardin, Zotique, Priest of Ste Lucie, 1904
Chitty, George L., Timber inspector, 1905.
Conley, G.A., a temporary employee, Indian Affairs departmental accountant, 1932.
F-
Fletcher, K.T. (or H.T.), Secretary for the Commissary of Crown Lands, 1853.
Forget, Noé, Mayor, Ste Lucie Doncaster, July 1890.
Fortin, Pierre-Etienne, commissioner of Crown Lands, from Quebec, on the 13th
September 1873.
G-
Gauvin, Superintendent of Surveys, 1904
Gerow, Thomas Gerow Murphy, on May 18, 1932, was a Canadian politician,
Superintendent General (October 29, 1883 – April 7, 1971).
G.M. Matheson, who was employed in the Records Branch of the Department of Indian
Affairs from 1888 until his retirement as head registrar in 1936.
Guthrie, Hughes Minister of Justice, 1932.
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543
H-
Hauser, Caughnawaga Priest, 1927-1932.
Hugh Guthrie, E.C., Minister of Justice to Superintendent General, 1930.
J-
Joly: Henry G, Honorable Henry G. Joly of Lobtiniere, Minister of Interior and General
Surintendent of tribes of Savages, 4 October 1893.
L-
Laberge, F.C: Mr F.C. Laberge Surveyor appointed for the surveying of the Doncaster
Reserve, 1901-1904
Lanctot, Charles, Deputy Attorney General of Quebec from 30 August 1932.
Langevin, Jean, Esquire of Crown Lands, 1853.
Lee, William H., C.E.C., Clerk of Executive Council of Indian Affairs, 1853.
M-
Mackenzie, A.F., acting as Assistant Deputy and Secretary of Indian Affairs, 1929.
Macombe, E.C., minister of Justice, 1921.
Macrae: Indian Agent J.A. Macrae, Ottawa, from 27 August 1901.
Matheson, George M., (who was employed in the Records Branch of the Department of
Indian Affairs from 1888 until his retirement as head registrar in 1936.)
McGill, Harold Wigmore, PC. Who served in the Legislature for just over two years
before vacating his seat. He was appointed as Superintendent-General of Indian Affairs in
Ottawa. 51 His appointment took effect and he vacated his seat in the Alberta Legislature
on October 14, 1932. 52
McKennea, Andrew Private Secretary of superintendent gen. of Indian Affairs, 1898. 53
McLean, Mr McLean Secretary of Indian Affairs, October 1897.
Marchand, A.J., Land Agent, 1904
Martin, J.A, Surveyor, 1904
Martin J. Crown Surveyor from Agency of the Department of Lands and Forests and
Fisheries of Quebec, 1904
Mercier, Honoré, Minister of Lands and Forests, 1924
Meredith: .A. Meredithe, Deputy of the Minister of the Interior, 29 November 1873. In
the summer of 1873 he became deputy minister of the new Department of the Interior
with Alexander Campbell as the first minister. The department assumed a wide range of
51
N. Hindsley takes seat in Calgary". Vol XXXII No. 16. Edmonton Bulletin. January 20, 1933. pp. 1–2.
52
"Calgary Doctor Gets Federal Appointment". Vol 58, No. 87. Winnipeg Free Press. December 14, 1932.
p. 1.
53
E. Brian Titley, “McKENNA, JAMES ANDREW JOSEPH,” in Dictionary of Canadian Biography, vol. 14,
University of Toronto/Université Laval, 2003–, accessed May 22,
2017, http://www.biographi.ca/en/bio/mckenna_james_andrew_joseph_14E.html.
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544
responsibilities, including the Indian affairs branch and the dominion lands branch, but
Meredith was loath at this stage in his career to take on burdensome new responsibilities.
Still, Meredith and Campbell quickly developed a high regard for each other’s abilities,
and Meredith as deputy apparently achieved a far-reaching restructuring of the Indian
affairs and the lands branches. 54
Murphy, Thomas Gerow Murphy, on May 18, 1932, (October 29, 1883 – April 7,
1971) was a Canadian politician, Superintendent General. Born in Northumberland
County, Ontario, he was a pharmacist before being elected to the Canadian House of
Commons representing the Manitoba riding of Neepawa in the 1925 federal election.
A Conservative, he was defeated in the 1926 election by Progressive Robert Milne. He
defeated Milne in the 1930 federal election to return to Parliament and was appointed to
the Cabinet of R.B. Bennett. He was defeated in the 1935 and 1940 elections. From 1930
to 1935, he was the Superintendent-General of Indian Affairs and Minister of the
Interior.55
N-
Napier, Referred to Colonel Napier, 1853.
Newcomb-Newcombe, E. L. Newcomb, Esq, Deputy Minister of Justice, Ottawa, 1896-
1921.
P-
Parent S.W. Parent, Minister of Lands, Mines and Fisheries, from 27 August 1901.
Pedley-Peddler-, H. Frank, Department Superintendent General of Indian Affairs, 1904
Pennefather, Richard Theodore, superintendent-general, was the official head of
the Indian Affairs, superintendent-general, from February 20, 1858. His greatest
contribution to Canada was his chairmanship of a three-man commission which
conducted an inquiry from 1856 to 1858 into the Indian Department’s operations.
Perillard, Joseph: Indian Agent for Oka, 1901-1903
Piché: G.C., (Gustave Clodomir) Piché, Chief of Forestry Service, Quebec, 1929.
Pinsonneault, Joseph Euclide Rosario, (JE.R.), Esq. Indian Agent, from August 15,
1874.
54
Peter Oliver, “MEREDITH, EDMUND ALLEN,” in Dictionary of Canadian Biography, vol. 12, University of
Toronto/Université Laval, 2003–, accessed May 8,
2017, http://www.biographi.ca/en/bio/meredith_edmund_allen_12E.html.
55
Thomas Gerow Source: Wikipedia–, accessed May 3, 2017
https://en.wikipedia.org/wiki/Thomas_Gerow_Murphy
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545
Pope: Joseph Pope, Under-Secretary of State to the Secretary of Indian Affairs, 28
February 1902.56
Prefontaine: Raymond Prefontaine, Solicitor, Barrister 1897, Liberal Prime Minister,
1901-1910.
Prevost & Rinfret Barrister, Lawyers, 1964.
R-
Rimmer, Reginald, Law clerk of Indian Affairs, 1902
Rinfret, Thibodeau, PC (June 22, 1879 – July 25, 1962) was a Canadian jurist and the
ninth Chief Justice of Canada and Administrator of Canada in 1952.
Rolph: John Rolph, Commissioner of Crown Lands, 1853.
Russell: Andrew Russell, Assistant Commissioner, 1858.
S-
Scott, Duncan C., the Deputy Superintendent General of Indian Affairs in Ottawa 1927-
1928.
Sifton: Clifford Sifton, Lawyer, politician, newspaper publisher, and office holders worn
into Laurier’s cabinet as minister of the interior and superintendent general of Indian
affairs on 17 Nov. 1896.57
Sinclair: (potential assistant of Indian Affairs.), 1890.
Smart: J.A. Smart, Deputy Minister of Interior in Ottawa from October 19, 1897.
Steward, Charles, Canadian Minister of the Interior and Mines, 1921.
(STUART; SEE EDWARD)-Stuart: William Stuart Edwards, Deputy Minister of
Justice, exposing the rights sold from the Reserve.
Stewart, Samuel, Assistant Secretary of Indian Affairs (who became Keeper of the
records in 1905)
T-
Taché: E.E. TACHÉ, Assist.-Commissioner, of Crown Lands, Quebec, 30th April, 1889
and Deputy minister of Lands, Mines and Fisheries 1904-1906
Taschereau: Henri Taschereau
Taschereau, Louis Alexandre, Prime Minister of Quebec, and Attorney General, 1929-
1932.
Thibodeau-Rinfret, Esquire Barrister, Lawyer, 1901-1905.
Thires AKA LAURENT: François Thires, from Caughnawaga, 1901.
56
Joseph Pope P. B. Waite, “POPE, Sir JOSEPH,” in Dictionary of Canadian Biography, vol. 15, University of
Toronto/Université Laval, 2003–, accessed May 5,
2017, http://www.biographi.ca/en/bio/pope_joseph_15E.html.
57
David J. Hall, “SIFTON, Sir CLIFFORD,” in Dictionary of Canadian Biography, vol. 15, University of
Toronto/Université Laval, 2003–, accessed May 22,
2017, http://www.biographi.ca/en/bio/sifton_clifford_15E.html.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
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546
Tucker, William James: Member, Standing Committee on Agriculture and Colonization
and of Municipal Law, 1898-1902 at Parliament, in the County of Wellington West.
V-
Valin, R.A. (sometimes wrongfully spelled: Varin) Started as Secretary of Cadasters of
Lands Branch from Department of Lands and Forests of Quebec, 1904-1929.
Vankoughenet: Vankoughenet, Superintendent of Indian Affairs, 1874.
Vankoughnet: H Vankoughnet, Esquire Superintendent General of Indian Affairs,
1889.
Varin, G. Arthur, -see VALIN, Minister of Cadastre, Department of Lands, Mines and
Fisheries, Quebec, 1904
W-
Wauhebe, Joseph, Department of Crown Lands 1858.
William Stuart Edwards, Deputy Minister of Justice, 1932 (potentially same as the
next.)
William: A.S. William acting as Deputy Superintendent General of Indian Affs 1932.
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547
Sources and Notes
1- Ste Lucie des Laurentides official website, consulted November 2015
http://www.municipalite.sainte-lucie-des-laurentides.qc.ca/
2-Source mainly used for this Chapter: HEADQUARTERS - CORRESPONDENCE
REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE
CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC, 1853-1920.
LAC, MIKAN no. 2082318, reel C-11224, (120 items), RG10. Volume/box
number: 2457. File number: 95452.
3-15-Province of Canada, Legislative Assembly of Canada, Journals, 1847, Appendix
(T.), “Report on the affairs of the Indians in Canada” at folio 5.
4-PRE-CONFEDERATION CLAIMS AND FEDERAL AND PROVINCIAL
OBLIGATIONS: A SURVEY OF THE APPLICABLE LAW prepared for the Indian
Claims Commission (Revised version) David Schulze with Peter W. Hutchins and
Jameela Jeeroburkhan Hutchins Grant & Associés 11 November 2005, page 16, accessed
June 11, 2017, :
http://www.dionneschulze.ca/wp-content/uploads/2012/09/pre-Confed-DS-rev-for-
ICC.pdf
5-Canada, Royal Commission on Aboriginal Peoples, Report, Volume 1, Looking
Forward Looking Back, Part One, The Relationship in Historical Perspective, Chapter 6,
“3. Treaty Making in Ontario, the West and the North”.
6-The substance of the Order in Council of 9 August 1853 was published as “Schedule of
Lands Appropriated to the Indians of Lower Canada under Act 14 and 15 V. c. 106”,
signed for the Commissioner of Crown Lands and dated 8 June 1854, in Province of
Canada, Legislative Assembly, Journals, 1858, Vol. 16, App. (No. 21), Appendix No. 34.
7-Jacqueline Beaulieu, Localization of the Aboriginal Nations in Québec - Land
Transactions (Québec: Ministère des ressources naturelles, 1998) page 120, , accessed
June 11, 2017, :
http://www.dionneschulze.ca/wp-content/uploads/2012/09/pre-Confed-DS-rev-for-
ICC.pdf
8-Clément E. Deschamps, Municipalités et paroisses dans la province de Québec (n.p.,
1896) page 986.
9-An Act to Authorise the Setting Apart of Lands for the Use of Certain Indian Tribes in
Lower Canada, S.C. 1851, c.106
10-Elizabeth Gibbs, ed., Debates of the Legislative Assembly of United Canada, 1841-
1867, vol. 10, part 1, 1851 (Montreal: Centre de recherche en histoire économique du
Canada français) page 199.
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548
11- Earlier, three justices of the Supreme Court of Canada had concluded that title to an
1851 reserve passed to the federal Crown at Confederation: Attorney-General for Canada
v. Giroux (1916), 30 D.L.R. 123, 4 C.N.L.C. 147 (S.C.C.), per Duff J. at 137-40 and per
Idington J. at 132-33.
12-Attorney-General for Quebec v. Attorney-General for Canada. Re Indian Lands, a
judicial review granted, under the name Star Chrome Mining) (1920), 56 D.L.R. 373
(P.C.) at 375, 4 C.N.L.C. 238 at page 240.
13-Caughnawaga Agency - Petition signed by the inhabitants of the Doncaster Township
requesting the abolition of the Indian reserve in the township, Library and Archives
Canada.
14-Attorney-General for Quebec v. Attorney-General for Canada. Re Indian Lands (sub
nom. Star Chrome Mining) (1920), 56 D.L.R. 373 (P.C.) at 375, 4 C.N.L.C. 238 page
240.
15-Ibid 3
16-An Act respecting lands set apart for Indians, S.Q. 1922, c.37, s.1.
17-24-31 LAC, Oka agency - Lake of Two Mountains - dispute between the band and the
Seminary of St. Sulpice as to who holds title to the land in the Seigniory, 1853-1920,
Microfilm reel C-11138
18- Douglas Leighton, “PENNEFATHER, RICHARD THEODORE,” in Dictionary of
Canadian Biography, vol. 9, University of Toronto/Université Laval, 2003–, accessed
May 5, 2017, http://www.biographi.ca/en/bio/pennefather_richard_theodore_9E.html.
19-20-21-56-P. B. Waite, “POPE, Sir JOSEPH,” in Dictionary of Canadian Biography,
vol. 15, University of Toronto/Université Laval, 2003–, accessed May 5,
2017, http://www.biographi.ca/en/bio/pope_joseph_15E.html.
20-Douglas Leighton, “PENNEFATHER, RICHARD THEODORE,” in Dictionary of
Canadian Biography, vol. 9, University of Toronto/Université Laval, 2003–, accessed
May 5, 2017, http://www.biographi.ca/en/bio/pennefather_richard_theodore_9E.html.
21- Ibid 19
22-LAC reel c-11224, consulted on March 2014
http://collectionscanada.gc.ca/pam_archives/index.php?fuseaction=genitem.displayItem&
rec_nbr=2082318&lang=eng&rec_nbr_list=2082319,2082318
23- An Act respecting Indians and Indian Lands, taken from Christian Aboriginal
Infrastructure Developments website–, accessed June 2, 2017
http://caid.ca/http://caid.ca/IndLanAct1860.pdf
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
549
24- Ibid 17
25-Report of the Minister of Lands and Forests for the Province of Ontario, For the Year
ending 31st October, 1928. Legislative Assembly of Ontario. 1929. pp. 7–8. Retrieved 4
October 2013.
https://archive.org/stream/reportofminister192730ontauoft#page/n150/mode/1up
26- LAC, Microfilm reel C-11224, HEADQUARTERS CORRESPONDENCE
REGARDING THE DEPARTMENT OF CROWN LANDS SETTING ASIDE
CERTAIN LANDS FOR INDIANS OF THE PROVINCE OF QUEBEC.1853-1954, 222
pages
27-Usufruct is a limited real right (or in rem right) found in civil-law and mixed a
jurisdiction that unites the two property interests of usus and fructus: Usus (use) is
the right to use or enjoy a thing possessed, directly and without altering it.
28-Richard H. Bartlett, Indian Reserves in Quebec, ISBN 0-888880-140-8, 1984, 44
pages.
29 -St. Catharines Milling and Lumber Co. v. R. 1886 CanLII 30, 13 Ont. App. R. 148
(20 April 1886), Court of Appeal (Ontario, Canada)
-(1885), 10 O.R. 196
-St. Catharines Milling and Lumber Company v The Queen[1888] UKPC 70, [1888] 14
AC 46 (12 December 1888)
- "Ontario-Manitoba Boundary Case". 22 July 1884. Retrieved 18 January 2013.
- "Canada (Ontario Boundary) Act, 1889, 52-53 Vict., c. 28 (U.K.)". 12 August 1889.
Retrieved 18 January 2013.
- The Ontario Mining Company Limited and The Attorney General for the Dominion of
Canada v The Attorney General for the Province of Ontario [1902] UKPC 46, [1903] AC
73 (12 November 1902) (on appeal from Canada)as approved by An Act for the
settlement of certain questions between the Governments of Canada and Ontario
respecting Indian Reserve Lands, S.C. 1924, c. 48 and The Indian Lands Act, 1924, S.O.
1924, c. 15
-Indian Lands Agreement (1986) Act, S.C. 1988, c. 39 , with corresponding provincial
approval in the Indian Lands Agreement Confirmation Act, 1989, S.O. 1989, c. 26
(repealed in error by the Legislation Act, 2006, s. 98(3), as enacted by the Access to
Justice Act, 2006, S.O. 2006, c. 21, Sch. F , and subsequently reenacted by the Indian
Lands Agreement (1986) Confirmation Act, 2010, S.O. 2010, c. 1, Sch. 10 )
30-St. Catharines Milling and Lumber Company v The Queen[1888] UKPC 70, [1888] 14
AC 46 (12 December 1888)
31-Ibid 17
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
550
32-MINERAL RIGHTS ON INDIAN RESERVES IN ONTARIO RICHARD H.
BARTLETT, College of Law, University of Saskatchewan, Saskatoon, Saskatchewan,
Canada, S7N 0W0, 1983.
33-CANLI website, Canada, –, accessed June 2, 2017
https://www.canlii.org/en/ca/scc/doc/1887/1887canlii3/1887canlii3.html
34-Bradford Morse, Aboriginal Peoples and the Law, McGill-Queen's Press -
MQUP, Feb 15, 1985, page 58.
35-Ibid 19.
36-Justice and Law Department website, Canada, –, accessed June 2, 2017
http://laws-lois.justice.gc.ca/eng/acts/I-7.2/FullText.html
37-LAC, MIKAN no. 2082318, reel C-11224, (222 items), RG10. Volume/box
number: 2457. File number: 95,452-1.
38- Burthen: etymology: the terms that which is borne with difficulty; obligation;
carrying capacity.
39-HEADQUARTERS CORRESPONDENCE REGARDING THE DEPARTMENT OF
CROWN LANDS SETTING ASIDE CERTAIN LANDS FOR INDIANS OF THE
PROVINCE OF QUEBEC.1853-1934, LAC, MIKAN no. 2082318, reel C-11224, (222
items), RG10. Volume/box number: 2457. File number: 95,452-1.
40-Tantamount: means, equivalent in seriousness to; virtually the same as.
41-CORRESPONDENCE REGARDING THE UNSUCCESSFUL ATTEMPT TO BUY
THE DONCASTER RESERVE AND THE SUBSEQUENT SETTLEMENT WITH THE
SQUATTERS WHO HAD OCCUPIED IT, 1897-1905, LAC, MIKAN no. 2083454, reel
C-11172, (301 items), RG10. Volume/box number: 2163 File Part 2A. File
number: 34,070.
42- L’Avenir du Nord, French Canadian newspaper from BAnQ, consulted on 17 May
2015:
http://collections.banq.qc.ca:81/jrn03/avenirdunord/src/1904/02/11/164429_1904-02-
11.pdf
43- 53-E. Brian Titley, “McKENNA, JAMES ANDREW JOSEPH,” in Dictionary of
Canadian Biography, vol. 14, University of Toronto/Université Laval, 2003–, accessed
May 22,
2017, http://www.biographi.ca/en/bio/mckenna_james_andrew_joseph_14E.html.
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
551
44- Manifolded: old term designing having many, several folds, layers: exposing a
complexity.
45- Indian Treaties and Surrenders, from 1680-1890: In Two Volumes, Volume 1,
Editor, Chamberlain, Printer of the Queen’s most Excellent Majesty, Ottawa, 1891.
46- Ste Lucie, Doncaster: Tioweró:ton archives 1851-1921 from Eric Pouliot’s book
online at Library and Archives Canada available online: http://epe.lac-
bac.gc.ca/100/200/300/eric_pouliot-
thisdale/ste_lucie/Ste_Lucie_Doncaster_Tioweroton_archives_1851_to_1921.pdf
47- Source mainly used for this Chapter: CAUGHNAWAGA AGENCY - PETITION
FROM THE INDIAN OF STE LUCIE OF DONCASTER FOR THE SURVEY OF
CERTAIN INDIAN LAND ON THE RESERVE.1873-1890, LAC, MIKAN
no. 2062876, reel C-11234, (49 items), RG10. Volume/box number: 2425. File
number: 107,786.
48-"Report of the Dominion fishery commission on the fisheries of the province of
Ontario, 1893", issued as vol. 26, no. 7, supplement, Canadian Parliament, 1892, from
Stanford University Library.
49- Eric Pouliot-Thisdale, The Eastern Door, Kahnawake weekly paper, “Pinsonneault:
Indian agent for Sault St. Louis and Two Mountains”, Kahnawake, July 22, 2016.
50- Report of the Superintendent of Education for Lower Canada, a report from the Laval
Normal School for the scholastic 1870-71, from the Minister of Public Instruction, a
chapter entitled “Extracts from Reports of Schools, managed from 1869-70”, From
University of Michigan.
51-N. Hindsley takes seat in Calgary". Vol XXXII No. 16. Edmonton Bulletin. January
20, 1933. pp. 1–2.
52-"Calgary Doctor Gets Federal Appointment". Vol 58, No. 87. Winnipeg Free Press.
December 14, 1932. p. 1.
53 Ibid 43
54- Peter Oliver, “MEREDITH, EDMUND ALLEN,” in Dictionary of Canadian
Biography, vol. 12, University of Toronto/Université Laval, 2003–, accessed May 8,
2017, http://www.biographi.ca/en/bio/meredith_edmund_allen_12E.html.
55-Source: Wikipedia–, accessed May 3, 2017
https://en.wikipedia.org/wiki/Thomas_Gerow_Murphy
56-Ibid 19
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale
552
57-David J. Hall, “SIFTON, Sir CLIFFORD,” in Dictionary of Canadian Biography, vol.
15, University of Toronto/Université Laval, 2003–, accessed May 22,
2017, http://www.biographi.ca/en/bio/sifton_clifford_15E.html.
58-An analysis of court case involving Innus of Uashaunnuat (Innus de Uashat et de
Mani-Utenam) c. Compagnie minière IOC inc. (Iron Ore Company of Canada), 2016
QCCS 5133, exposing several proofs and citations of the Doncaster Archives depicted
and transcribed from microfilm reel: BAC, RG10, volume 2163, file 34070, pt.2A, reel.
C-11172. Consulted online on May 2016:
file:///C:/Users/HP/Documents/DONCASTER_COURT%20mentioning%20several%20c
ourt%20cases%20of%201904%20and%20squatters%20petittions%202.pdf
Sources: An analysis of court case involving Innus of Uashaunnuat (Innus de Uashat et
de Mani-Utenam) v. Mining Company IOC inc. (Iron Ore Company of Canada), 2016
QCCS 5133, exposing several citations of the Doncaster Archives depicted and
transcribed from microfilm reel C-11172. 58
58 An analysis of court case involving Innus of Uashaunnuat (Innus de Uashat et de Mani-Utenam) c.
Compagnie minière IOC inc. (Iron Ore Company of Canada), 2016 QCCS 5133, exposing several proofs and
citations of the Doncaster Archives depicted and transcribed from microfilm reel: BAC, RG10, volume
2163, file 34070, pt.2A, reel. C-11172. Consulted online on May 2016:
file:///C:/Users/HP/Documents/DONCASTER_COURT%20mentioning%20several%20court%20cases%20of
%201904%20and%20squatters%20petittions%202.pdf
Eric Pouliot-Thisdale, Archives and history of Tiowero: ton’s creation
Phone: 514 243-3888, Email: ericpthisdale@hotmail.com Conducted for the Kanesatake community
Website: http://epouliotrecherchiste.webs.com/welcome.htm 2017, by Eric Pouliot-Thisdale