1. Michipicoten First Nation Reserve No. 48 September 21, 2012
Kim Alexander Fullerton
Barrister & Solicitor
256 River Side Drive
Oakville, ON L6K 3M9

2. Kim Alexander Fullerton Barrister & Solicitor

3. The 1850 Robinson Superior Treaty
Area: from Batchewana Bay to Pigeon River, at the western extremity of said Lake, and inland throughout that extent to the height of land which separates the territory covered by the charter of the Honorable the Hudson's Bay Company from the said tract, and also the Islands in the said Lake
Kim Alexander Fullerton Barrister & Solicitor

4. The 1850 Robinson Superior Treaty
Kim Alexander Fullerton Barrister & Solicitor

5. The 1850 Robinson Superior Treaty
What was the bargain? The Treaty says:
For the sum of two thousand pounds (about $8,000 dollars) up front and five hundred pounds (about $2,000 dollars) a perpetual annuity
The chiefs and principal men “do freely, fully and voluntarily surrender, cede, grant and convey unto Her Majesty, Her heirs and successors forever, all their right, title and interest in the whole of the territory above described, save and except the reservations set forth in the schedule hereunto annexed”
Kim Alexander Fullerton Barrister & Solicitor

6. The 1850 Robinson Superior Treaty
The Schedule of Reservations made by the above named subscribing Chiefs and principal men.
Second – Four miles square at Gros Cap, being a valley near the Honorable Hudson's Bay Company's post of Michipicoton, for Totominai and Tribe.
Kim Alexander Fullerton Barrister & Solicitor

7. Kim Alexander Fullerton Barrister & Solicitor

8. The 1853 “Survey”
In 1853, the Crown sent Keating to Michipicoten to fix the boundaries of Tootomenai’s reserve; there he met with Chief Tootomenai who “pointed out the boundaries of his reserve”
Bridgland was the surveyor who was to survey the reserve boundaries. The coast sketch of what became IR #49 was performed by Bridgland based on misinformation, influence and persuasion from the Hudson’s Bay Company and did not reflect the boundaries “pointed out” by Chief Tootomenai
Kim Alexander Fullerton Barrister & Solicitor

9. The 1853 “Survey”
When Chief Tootomenai became aware of the boundaries set out in the coast sketch he complained to Keating at his first opportunity. Tootomenai and Keating then entered into an agreement that the eastern boundary of the reserve would not be located 1 ½ miles from the mouth of the Michipicoten River, but, rather, would extend up the right bank of the Michipicoten River to the Magpie River
Kim Alexander Fullerton Barrister & Solicitor

10. The 1853 “Survey”
The agreed-upon reserve boundaries were never surveyed nor set aside as a reserve by the Crown
The first survey of Michipicoten Reserve #49 was not performed until 1899 and it simply followed Bridgland’s inaccurate coast sketch
The failure to establish the reserve with the agreed-upon boundaries led directly to the debacle of Indian Reserve No. 48 and the five relocations of Michipicoten’s community site, which caused untold damage to the fabric of this First Nation
Kim Alexander Fullerton Barrister & Solicitor

11. Kim Alexander Fullerton Barrister & Solicitor

12. Reserve No. 48
Surveyed as IR Reserve #48 in 1885, the Michipicoten River Village was clearly to the east of the land described by Keating in If the Magpie River was to be the eastern boundary of the reserve, then the Michipicoten River Village is not on the land intended to be part of the reserve. Why did the Michipicoten First Nation build its village on land that was not where Chief Tootomenai understood the reserve to be?
Kim Alexander Fullerton Barrister & Solicitor

13. Reserve No. 48
There is evidence that, following the Treaty, the Michipicoten Indians moved onto their “reserve” and occupied the high bluffs immediately opposite the HBC Post, at the request of the HBC.
There is also good evidence that missionary activity at Michipicoten began to intensify in the 1850's, including both Catholic and Protestant ministries.
Kim Alexander Fullerton Barrister & Solicitor

14. Reserve No. 48
We know that a permanent Catholic Church was built by the early 1870's and that it was located at the Michipicoten River Village site.
The relationship between the Indians and the Churches was also symbiotic and the location of permanent Indian villages was often adjacent to permanent Church Missions. The reason that the Michipicoten First Nation settled at the River Village is that is where the Catholic Mission was located.
Kim Alexander Fullerton Barrister & Solicitor

15. Reserve No. 48
both the North West Company and the HBC had posts at Michipicoten
the North West Company Post (which was the original French Post) was located on the south west bank of the Michipicoten River opposite the Magpie River
Kim Alexander Fullerton Barrister & Solicitor

16. Reserve No. 48
the HBC Post was located on the north east bank of the Michipicoten River.
The location of the North West Post eventually became the HBC Post after the merger in 1821.
The original HBC Post appears to be where Reserve No. 48 was located.
Kim Alexander Fullerton Barrister & Solicitor

17. Reserve No. 48
The land across from the HBC post, west of the Magpie River, was well suited for camping or temporary dwellings.
There was a small lagoon that was sheltered that had low banks, an excellent place to pull up canoes and make camp. It was relatively small in area and would not have been ideal for permanent homes, or a Church.
Kim Alexander Fullerton Barrister & Solicitor

18. Reserve No. 48
By comparison, the River Village site is much more conducive for a small town or mission.
Presumably the HBC gave its “blessing” for the Mission to be located at the River Village site in the 1870's.
In 1882, the HBC bought only 400 acres in the vicinity, all downstream from the River Village site.
Kim Alexander Fullerton Barrister & Solicitor

19. Reserve No. 48
In any event, the Band believed that the problem had been rectified when Indian Reserve # 48 was surveyed by Canada in 1885.
It covered the whole of the River Village site and protected homes, out-buildings and gardens.
Unfortunately following Confederation in 1867 the consent of Ontario was required to confirm any new Indian Reserves in the province
Kim Alexander Fullerton Barrister & Solicitor

20. Reserve No. 48
In 1885, the village site and the surrounding land was surveyed by the Department of Indian Affairs and designated as Indian reserve 48 for the Michipicoten Band in the Department’s Land Registry.
The survey was forwarded to Crown Lands Ontario, together with several other surveys, requesting that these tracts of land be confirmed as Indian Reserves.
Kim Alexander Fullerton Barrister & Solicitor

21. Reserve No. 48
Kim Alexander Fullerton Barrister & Solicitor

22. Reserve No. 48
An internal memorandum addressed to the Deputy Minister of the DIA, dated April 4, 1886, recorded that
“At Michipicoten there are two Bands namely the Chippewas of Michipicoten and Bigheads numbering 295 Indians a large number of these reside, have their fields, gardens and other improvements in the recently surveyed Reserve at that place.”
Kim Alexander Fullerton Barrister & Solicitor

23. Reserve No. 48
The Annual Report for 1890 gives a picture of a well established and thriving community
“They all live very contentedly, and there has been very little sickness there this year. The Indians of this band are Roman Catholics, with two exceptions, and they have a church on the reserve. They also have a school house, which is not in operation. There are about twenty children of an age to attend school.”
Kim Alexander Fullerton Barrister & Solicitor

24. Reserve No. 48
Between 1885 and 1897 Canada made repeated attempts to get Ontario to confirm the reserves that had been surveyed on the North Shore, including Michipicoten Reserve No. 48, without success.
In 1897 the discovery of gold at Wawa Lake started a “Gold Rush” into the region which also included the Michipicoten and Magpie River Valley
Kim Alexander Fullerton Barrister & Solicitor

25. Reserve No. 48
On September 9, 1897, the Michipicoten Mining Division, embracing an area of 5,000 square miles, was created by the Ontario government. It was the first such administrative unit of its kind in the province’s history. During that year an office for the mining division was opened at the abandoned Hudson’s Bay Company Michipicoten Post
Kim Alexander Fullerton Barrister & Solicitor

26. Reserve No. 48
On December 3rd 1897 Chief Samson Legarde wrote to the Minister of the Interior:
“I beg leave to call your kind attention to the fact that one Capt. Curry and others of the City of Toronto have in the past few week surveyed the ground now occupied by the Chippewa Indians lying opposite the Hudson’s Bay Co. lands and being on the east banks of the Michipicoten river said grounds having been in our possession by the kind permission of your Department for the past 13 years or more. ...
Kim Alexander Fullerton Barrister & Solicitor

27. Reserve No. 48
Such survey being for the purpose of cutting up our lands for a town site and I on behalf of my people and with their unanimous desire appeal to you worthy Minister of the Interior to see that no such injustice and calamity be heaved upon us who as a whole have always looked upon our present homes as our rights by virtue of your kind indulgence. I therefore pray that you will use your kind influence and guard us from trespass....”
Kim Alexander Fullerton Barrister & Solicitor

28. Kim Alexander Fullerton Barrister & Solicitor

29. Reserve No. 48
In 1898, the village site was sold by Crown Ontario to The Lands Corporation of Michipicoten, a speculative venture aimed at developing a township to take advantage of the gold rush in progress in the 1890s.
Canada complained and again tried to protect the interests of the Indians.
Ontario replied as follows:
Kim Alexander Fullerton Barrister & Solicitor

30. Reserve No. 48
....Referring to your letter , dated 4th of January 1898, re a piece of land laid out by your Department as a reserve for the Indians living near the mouth of the Michipicoten River, I have to say, that it has been found out that the land thus laid out by your Department was valuable for a town site, and considering the fact that your Department has an Indian Reserve of four square miles close by laid out for your Department by PLS James W Bridgland and granted under treaty for said Indians, …
Kim Alexander Fullerton Barrister & Solicitor

31. Reserve No. 48
it would appear not to be in the interest of the public weal to shut up from settlement a valuable Town Site on the Banks of the Michipicoten River. A portion of it has been laid out and granted to the Lands Corporation of Michipicoten (Limited), but the Director of Mines has stated “that the rights of the Indians will be protected.”
Kim Alexander Fullerton Barrister & Solicitor

32. Reserve No. 48
There is no record of any land grants of lots to individual First Nation Members at Michipicoten River Village in the Sault Ste. Marie Land Titles office.
The Michipicoten Reserve No. 48 was formally “cancelled” by Ontario and Canada by agreement in 1913 and reverted to Provincial Crown land.
Kim Alexander Fullerton Barrister & Solicitor

33. Reserve No. 48
According to the correspondence in the 1930’s about these lots the Crown Lands office arranged that the Indians could remain on the lots during their lifetimes, but no title appears to have been granted to any of them
Kim Alexander Fullerton Barrister & Solicitor

34. Reserve No. 48
The Ontario Surveyor General wrote to the DIA in early 1932, enquiring about the status of Indian Reserve #48 shown in the “Schedule of Indian Reserves” published by Indian Affairs in 1928, where it was noted that the reserve had not been confirmed by Ontario
Kim Alexander Fullerton Barrister & Solicitor

35. Reserve No. 48
DIA replied, relating the history, including the statements by Ontario that existing Indian land holders would be given rights to their lots. They admitted that nothing had subsequently been done to ensure that these rights were vested in the owners and their successors.
“.....From the information in the Department at present, it does not appear that the Department of Crown Lands has taken any steps to transfer the lots occupied in accordance with the Commissioners letters.....”
Kim Alexander Fullerton Barrister & Solicitor

36. Reserve No. 48
DIA then found plans dating from 1898 when the land was granted to the Township of Michipicoten, which showed 14 buildings occupied by Indians. Agent Sims was asked to investigate on the ground
He reported that only two of the original 14 or 15 Indian families (or their descendants) were still occupying land in the Township, and that the land they were on belonged legally to the School Board or the Ontario Government. After protracted correspondence, Ontario agreed that these two lots will be reserved from sale
Kim Alexander Fullerton Barrister & Solicitor

37. Reserve No. 48
From the oral testimony, contemporary band members can recall their parents and/or grandparents still living at Michipicoten River Mission well into to 20th century, although all seem to have moved away, at the latest, by 1960.
Kim Alexander Fullerton Barrister & Solicitor