BEST LEFT AS INDIANS
181
Indian Act. In the Yukon as elsewhere, the government provided a variety of
medical and social programs for the Indians. These administrative tasks
combined with the consideration of the Indians' future prospects to constitute
national native programming and represent the broader scope of government
involvement with the country's native population.
With native-government relations dominated by the lack of a negotiated
land settlement between the natives and the government, the Yukon situation
differed significantly from that faced by treaty Indians. The land allotments,
annuity payments and close supervision provided by the treaty system establish-
ed different conditions than those encountered by non-treaty Indians. The
Yukon situation was probably similar to native-government relations in other
districts not covered by the treaty umbrella. Importantly, the Yukon experience
illustrates that while the policy guidelines entrenched in the Indian Act remained
intact, federal authorities acted with surprising flexibility.
The federal government initially refused to acknowledge any obligation for
its northern territories, let alone for the native inhabitants. Unlike the south,
where treaties were hastily negotiated in order to clear the way for settlement,
the government had little desire to extend the treaty system northward. From
1870 to 1896, the Canadian government displayed little interest in the northern
reaches of its newly acquired territories. This neglect of the north, interrupted
first by the cursory examinations of Geological Survey of Canada personnel in
the 1880's, was more forceably overcome by the intervention of William
Carpenter Bompas of the Church Missionary Society. Gravely concerned by the
incursions of the rapacious northern mining population, Bompas repeatedly
petitioned the government to send a detachment of the North-West Mounted
Police to supervise their activities. The federal authorities relented in 1894.
though only partially out of concern for the effect of expansion on the Indians. 8
Ottawa gave Inspector Constantine, commander of the first Yukon contin-
gent, precise instructions on how to deal with the Indians. As official representa-
tive of the Department of Indian Affairs, Constantine was cautioned "not to
give encouragement to the idea that they (the Yukon Indians) will be received
into treaty, and taken under the care of the government. "9 Convinced that the
northern district held few prospects for development or settlement, the govern-
ment felt no need to alienate Indian lands through treaty. Preliminary relief
measures were contemplated, but the government wanted it clearly understood
that the Indians were to be accorded no better treatment than that offered any
Canadian or immigrant. 10 The government maintained its policy of negotiating
treaties only when native occupied lands were required for permanent develop-
ment. When such pressures emerged, as in the Mackenzie River valley in 1899-
1900, the government did provide benefits such as guaranteed access to game,
annuity payments and reservations to compensate for anticipated dislocations
(Fumoleau, 1976:30-39). Before 1896, the same concerns were simply not
operative in the Yukon. The rapid influx of miners after the discovery of gold
in the Klondike, the concentration of mining activity in the west-central Yukon,
and the government's conviction that the territory could not sustain permanent
development eliminated the need for an agreement.11 In a contradictory fashion
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KEN COATES
the possibility that another "Eldorado" lay somewhere in the district similarly
dissuaded authorities from alienating any specific land for native use.
The unwillingness of the government to consider a treaty did not end
discussion on the matter. Jim Boss, self-styled "hereditary chief of the southern
Yukon Indians," submitted a request for land ownership negotiations in 1902.
Boss demanded "compensation because of the taking possession of their (the
Indians') lands and hunting grounds by the white people."12 Noting that natives
encountering hardship were provided government relief, the federal authorities
brushed Boss's claim aside.13 While individual Indians did not continue to press
the issue, the Anglican Church picked up the treaty question. Reverend A.E.
O'Meara, financial secretary for the Diocese of the Yukon, prepared a fairly
comprehensive treaty claim on behalf of the natives between 1907 and 1910.
Reflecting its missionary origins, the claim focused on a request for Anglican-
administered day and residential schools in combination with game preserves and
community improvement projects. The penultimate proposal also called for the
appointment of a full-time Indian Agent, as well as provision for better medical
care and official recognition of native marriages. 14
Before the document reached Frank Oliver, Minister of the Interior, the
request for treaty negotiations had been dropped. 15 The clergy had correctly
read the government's continued opposition to a land settlement for the Yukon
Indians. Responding to the request, Oliver reiterated well-known government
policy: "The Government seeks to protect the interests of all, whether Indian or
white, but is not responsible for specifically protecting those of the Indian."
The Minister rejected the paternalism inherent in expanded government assis-
tance, claiming that it "had been most harmful to the Indians by accentuating
their original communism, that is to say, the natural dependance of the Indians
upon others." To Oliver, the coming of the whites and the Gold Rush had
brought prosperity; acceding to the Indian's request would change native ways
and, in his judgement, they would "if left as Indians earn a better living." 16
The government made it clear, first in 1894 and again in 1910, that condi-
tions in the Yukon precluded the need for federal-native land negotiations.
(The signing of Treaty #9 with the Indians of the upper Mackenzie River basin
brought a number of Yukon Indians under treaty, The inclusion of the Liard
Indians, due solely to the configuration of the Mackenzie drainage basin, hardly
constituted a deliberate recognition of aboriginal title in the territory or a
deviation from past policy. 17) The Anglican clergy continued their interven-
tions on behalf of their native charges, but they abandoned the treaty concept.
After their attempt in 1909-1910, no significant effort was made for more than
half a century to secure a comprehensive settlement with the government. 18
Throughout these preliminary discussions on the issue, the Yukon Indians
had remained notably silent. They were not without advocates, however, as
Anglican clergy frequently intervened with the government on their behalf.
As Commissioner F. Congdon remarked in 1903,
instead of teaching the Indians self-reliance and independence,
they (Anglican missionaries) aid most strongly in making them