Treaty 3 was an agreement entered into on October 3, 1873, by the Ojibway Nation and Queen Victoria. The treaty ceded a vast tract of Ojibway territory, including large parts of what is now northwestern Ontario and a small part of eastern Manitoba, to the Government of Canada. Treaty 3 also provided for rights for the Métis and other Ojibway, through a series of adhesions signed over the next year.
It was the third in a series of eleven numbered treaties between the Crown and North American First Nations. Despite being the third of these treaties it is in fact more historically significant in that its text and terms served as the model for the remainder of the numbered treaties. Treaties 1 and 2 covered an area about the same size and in fact had to be amended to reflect some of the developments arising out of the negotiation of Treaty 3. At the time that it was negotiated it was anticipated that the terms of Treaty 3 would serve as a model for future treaties and would require the amendment of Treaties 1 and 2 [Letter from Minister of the Interior Campbell to Lieutenant-Governor Morris, 5 August 1873, Public Archives of Canada ("PAC"), RG10, vol. 1904].
Treaty 3 has particular historical significance because of the litigation that ensued between the Crown in Right of Ontario and the Crown in Right of Canada over the significance of the treaty and the respective roles of Canada and the provinces in relation to aboriginal peoples. The first of these cases is St. Catherines Milling v. The Queen  which dealt with the question of the ownership of lands subject to a treaty (a question that was decided in favour of the Province). The second, The Dominion of Canada v The Province of Ontario, dealt with the question of whether or not Ontario had to indemnify Canada for the expenses incurred in negotiating the treaty and the ongoing costs of fulfilling the treaty obligations. Canada lost this case as well with the Supreme Court of Canada and the Privy Council holding that Canada was responsible for Indian affairs and the welfare of Indians and that the treaty had been negotiated to achieve broad national purposes (such as the building of the transcontinental railway) rather than to benefit Ontario. The significance of these decisions is still a matter of discussion in the Canadian courts.
Treaty 3 is also significant as there exists a written record of the native peoples understanding of the treaty. This is known as the Paypom document. It is a series of notes that were written for Chief Powassin during the treaty negotiations, and documents the promises that were made to the First Nations people. The promises in the Paypom document differ in a number of ways from the printed version available from the Canadian government.
Signatory First Nations
- Big Grassy First Nation - Morson, Ontario
- Big Island First Nation - Morson, Ontario
- Buffalo Point First Nation - Buffalo Point, Manitoba
- Couchiching First Nation - Fort Frances, Ontario
- Eagle Lake First Nation - Migisi Sahgaigan, Ontario
- Grassy Narrows First Nation - Grassy Narrows, Ontario
- Iskatewizaagegan 39 First Nation - Shoal Lake, Ontario
- Lac des Mille Lacs First Nation - Thunder Bay, Ontario
- Lac La Croix First Nation - Fort Frances, Ontario
- Lac Seul First Nation - Hudson, Ontario
- Naicatchewenin First Nation - Devlin, Ontario
- Naotkamegwanning First Nation - Pawitik, Ontario
- Nigigoonsiminikaaning First Nation - Fort Frances, Ontario
- Northwest Angle 33 First Nation - Kenora, Ontario
- Northwest Angle 37 First Nation - Sioux Narrows, Ontario
- Obashkaandagaang Bay First Nation - Keewatin, Ontario
- Ochiichagwe'Babigo'Ining Ojibway Nation - Kenora, Ontario
- Ojibways of Onigaming First Nation - Nestor Falls, Ontario
- Ojibway of Saugeen First Nation - Savant Lake, Ontario
- Rainy River First Nations - Emo, Ontario
- Seine River First Nation - Mine Centre, Ontario
- Stanjikoming First Nation - Fort Frances, Ontario
- Shoal Lake 40 First Nation - Shoal Lake, Ontario
- Wabauskang First Nation - Ear Falls, Ontario
- Wabigoon Lake First Nation - Dryden, Ontario
- Wauzhusk Onigum First Nation - Kenora, Ontario
- Wabaseemoong Independent Nations - Whitedog, Ontario
- W.E. Daugherty, Treaty 3 Research Report (1873). Indian and Northern Affairs, Canada, 1985.
- St. Catherines Milling and Lumber Company v The Queen  UKPC 70,  14 AC 46 (12 December 1888), (P.C.) (on appeal from Ontario)
- The Dominion of Canada v The Province of Ontario  UKPC 40,  AC 637 (29 July 1910), (P.C.) (on appeal from Canada)
- Canadian Government Version - Treaty 3 text
- Paypom document- Original set of notes made for Chief Powasson at the signing of the treaty.