[1][2] Much of what is today central and northern Manitoba was covered by the treaty, as were a few small adjoining portions of the present-day provinces of Saskatchewan and Ontario.
[6] A topic commonly discussed during and before the Red River Resistance of 1869-1870 was the need to settle all outstanding Indigenous and specifically the Metis land entitlements.
[6] Since there was a large military presence from the Metis during the time of the Resistance, the Canadian Government could not ignore the pushes for treaty negotiations and this is why the Manitoba Act has specific details that the people of Red River would receive adequate land.
[6] According to historian, James Daschuk, the first numbered treaties came about as a result of a strong position from both the Canadian Government and the Indigenous groups.
[8] The lack of income from the fur trade was a strong signing motivator for the different Indigenous groups involved in Treaty Five.
[9] Groups of Cree people from the great plains had been having difficulties with the Canadian government for around fifteen years prior to signing Treaty Five.
[10] Initially, Indigenous groups in the Lake Winnipeg area were supposed to be included in either Treaties One or Two, but distance made this illogical.
[4] The Canadian government, in conjunction with Lieutenant Governor Alexander Morris and the Minister of the Interior, David Laird agreed that a treaty should be signed with Indigenous peoples in this area on 2 July 1875.
[4] In 1875, the Canadian Government appointed Lieutenant Governor Alexander Morris and the Honourable James McKay to negotiate terms with the different Indigenous groups.
[12] Although the Indigenous Peoples in Northern Manitoba are covered under the same treaty as those in the Southern areas, they signed much later than those in the south and for different reasons.
[8] In 1874, Lieutenant-Governor Alexander Morris is quoted as saying "the country lying adjacent to Norway House is not adapted to agriculture purposes" and "there is therefore no present necessity for the negotiation of any treaty".
[8] The land that Treaty Five covers was needed by the Canadian Government for the railway that was being built, as they believed that Winnipeg was going to be a centre of communication for the prairies.
He explained to Morris and McKay that he and the people he represented had heard that the commissioners had been having negotiations with other groups and bands and they wanted a chance to be included in the Treaty.
Morris and McKay decided to change the western boundaries of the treaty to include the Swampy Cree at The Pas Settlement on the Saskatchewan River.
This odd way of appointing a leader and having limited people from each band presents indicates that some of the Indigenous groups were not adequately represented in the negotiations.
[14] On August fourth, Howard and Reid headed to Berens River to meet with the Indigenous peoples who had not signed the treaty the summer before when Morris and McKay had been there.
[15] The speed at which the treaty was negotiated left room for a great deal of misunderstanding for both the government commissioners and the Indigenous peoples.
Another issue that treaty negotiations faced was the language barrier, especially in what is known as the “surrender clause.” [18] The official language used in Treaty Five is, “The Saulteaux and Swampy Cree Tribes of Indians and all other the Indians inhabiting the district hereinafter described and defined, do hereby cede, release, surrender and yield up to the Government of the Dominion of Canada, for Her Majesty the Queen and Her successors for ever, all their rights, titles and privileges whatsoever to the lands included within the following limits.”[19] However, a present-day Indigenous leader translated the text to mean “I quit this land,” stating that if the Indigenous groups had known what they were agreeing to, they would not have signed.
[13] In 1895, Indigenous missionary James Settee informed the Lieutenant-General, J. Shultz that at least twenty residents of the reserve had not received their annuity.
Another contemporary issue facing signatories of Treaty Five is that the land they live on is in extremely rural areas, making access to hospitals and resources difficult.