A timeline of important events that led to the signing of the Robinson Superior Treaty of 1850, an agreement made between the Anishinaabe and the British Crown that established the terms for the treaty annuity.
In the 1700s and 1800s, the Anishinaabe in the upper Great Lakes region thrived on an economy rooted in hunting, fishing, and trapping. For nearly two centuries leading up to 1850, they were active in the commercial fur trade, developing strong trade relationships with European settlers and merchants.
Beyond the fur trade, the Anishinaabe adapted to shifts in the economy, especially after the War of 1812, when hunting and trapping waned. They began selling maple syrup and fuel wood to newcomers and worked for trading companies as canoe-men and freight haulers. Many crafted birch bark canoes for sale, sold bark and natural pitch so traders could repair canoes. They also sold cedar bark to traders for roofing and other construction needs, sold fish to traders and worked for Hudson Bay Company posts as fishers, traded in ducks, geese and other game, and were employed to assist with farming at the posts. As the economy on Lake Superior changed, the Anishinaabe adapted and integrated themselves into these endeavours, highlighting their integral role in the regional economy.
The 1840s brought an influx of prospectors to the Lake Superior region, driven by “copper fever” in nearby American territories. At the time, the Province of Canada – formed in 1841 by the union of Upper Canada (modern-day Ontario) and Lower Canada (modern-day Quebec) under British rule - was unprepared for the rapid surge in mining exploration.
In 1845, it began issuing mining licenses despite having no treaties in place with the Anishinaabe, whose title to the lands were recognized by the Crown through the Royal Proclamation of 1763. The expansion of Crown-sanctioned mining activity fueled tensions between the Anishinaabe and settlers over territorial control and resource rights, sparking calls for a treaty.
The Anishinaabe leaders initially protested, demanding compensation for the resources extracted from their lands. Advocacy efforts led by Chief Shingwaukonse, Chief Peau de Chat and other leaders from 1845 to 1850 emphasized their right to recognition and treaty compensation in light of mining wealth.
As their petitions increased, the colonial government responded by appointing Provincial Land Surveyor Alexander Vidal and Indian Superintendent Thomas G. Anderson in 1848 to investigate Anishinaabe claims and expectations for treaty terms.
Vidal and Anderson were mandated by the Government to determine the extent of the Anishinaabe claims on the Great Lakes. They embarked on their expedition in 1849 along the northern shores of Lakes Huron and Superior, visiting HBC posts. Their investigation affirmed the Anishinaabe's legitimate claim and historic occupation to their ancestral lands. Their report recommended fair compensation for the Anishinaabe, if the government sought a treaty. They also suggested provisions for future payment increases tied to potential discoveries of wealth, laying the groundwork for the structure of the forthcoming treaty.
While in the Lake Superior region, Vidal and Anderson met with two Anishinaabe Chiefs representing Michipicoten and Fort William. Vidal and Anderson were aware they had not met with all First Nation Chiefs, but failed to go inland to seek them out or return at a later date to document their legitimate claims and historic occupancy to their ancestral lands.
Early in 1850, the colonial government appointed William B. Robinson as Treaty Commissioner to negotiate agreements for land claims in the Lake Superior and Huron regions, focusing particularly on areas of mining interest. By late summer 1850, Robinson commenced discussions with Anishinaabe leaders, culminating in a formal Treaty Council.
On September 7, 1850, the Robinson Superior Treaty was signed between Robinson and leaders from the Lake Superior region, including Chiefs Joseph Peau de Chat, John Ininway, Mishemuckqua, and Totomenai. This ceded or released their interest in the land “from Batchewana Bay to Pigeon River, at the western extremity of said Lake, and inland throughout that extent to the height of land… and also the Islands in the said Lake within the boundaries of the British possessions therein”, except for the areas to be reserved for them. In exchange, the Lake Superior Chiefs and their tribes received a lump sum payment of £2,000 and a perpetual annuity.
It later became clear that not all 12 First Nations whose traditional territories overlapped with the geographic boundaries of the Robinson Superior Treaty were represented at the signing of the treaty in 1850.
Today, six First Nations are confirmed signatories to the Robinson Superior Treaty:
The remaining six First Nations continue with their claims to unextinguished aboriginal title and are referred to as the contingent beneficiaries of the Robinson Superior Treaty:
These latter 6 First Nations may adhere to the Robinson Superior Treaty through future settlements addressing their title claims.
Other sources for information on the Robinson Superior Treaty:
Treaty Texts – Ojibewa Indians of Lake Superior
Justice Henessey’s Stage 1 Trial Decision in Restoule v. Canada (Attorney General), 2018 ONSC 7701