By order of the Governor-in-Council, James A.J. McKenna was named as the Commissioner to deal with Métis claims in the region which was to be ceded to the Crown with the signing of Treaty 10. The treaty area was defined as the region "...situated partly in the Province of Saskatchewan and partly in the Province of Alberta, and lying to the east of Treaty 8, and to the north of Treaties 5 and 6, and the addition to Treaty 6, ...approximately an area of 85,500 square miles..." (P.C. 1459, 20 July, 1906).
The Métis claims were to be extinguished in the same manner, and under the same terms and conditions, as were the claims of the Athabasca Métis of Treaty 8 in 1899. In other words, all Métis residents in the newly ceded area were to receive scrip for $240, or at the option of the claimant, scrip for 240 acres. In both cases, the scrip could only be redeemable at its face value in the acquisition of Dominion Lands, and for that matter, only those lands which were open for homestead entry. Of course, the scrip would only be awarded if the claimant had not already relinquished his/her aboriginal title in a previous settlement. A child's claim would be considered extinguished if both parents had already received scrip, but not if only one parent had received a settlement (P.C. 1459, 20 July, 1906, paragraph 2b).
In keeping with the precedent set by the Treaty 8 Commission (Order-in-Council P.C. 918, 6 May, 1899), Métis residents of the Treaty 10 territory who were born, between 15 July, 1870, and the end of the year 1885, in any ceded region of the North-West Territories outside the old boundaries of Manitoba, would also be eligible for scrip, providing they had not already received a settlement (P.C. 1459, 20 July, 1906, paragraph 2c).
Commissioner McKenna collected testimonies from 541 claimants. These were indexed by McKenna in two registers: in RG 15, volume 1537, and RG 15, volume 1515. Despite his best efforts, however, some Métis residents, especially those located in the northern and eastern fringes of the treaty area, were unable to reach the Commission's sittings. Accordingly, Thomas Borthwick, an Indian agent at Mistawasis, was appointed a Commissioner "...to take the adhesions to Treaty 10 of such Indians as were not met by the Commissioner who negotiated that Treaty last year, and to investigate, in accordance with instructions to be given him, such claims for halfbreed scrip as may be preferred before him, and report upon such claims to the Minister of the Interior..." (Order-in-Council, 6th April, 1907). The claims collected by Borthwick were entered into a single register which is now retained by Library and Archives Canada as RG 15, volume 1516. A further Order-in-Council authorized the Minister of the Interior to deal with the 202 claims collected by Borthwick "...on the same basis as similar claims were dealt with, and under Paragraph 'F' of Clause 6 of the Dominion Lands Act (Chap. 55, Revised Statutes of Canada, 1906) to issue scrip to such claimants as may be found entitled thereto" (P.C. 326, 15 February, 1908). A further 17 claims by Métis of the Treaty 10 area - and some adjoining regions, as well - were accepted by W.J. McLean while paying annuities at Lac la Ronge and Pelican Narrows the following year in 1908.
Dates
6 September, 1906, to 26 September, 1906
Authorities
Orders-in-Council: P.C. 1459, 20 July, 1906; P.C. 1497, 20 July, 1906; O.C. 6 April, 1907; P.C. 326, 15 February, 1908; P.C. 883, 27 April, 1909.
Members
James A.J. McKenna (P.C. 1459, 20 July, 1906); Thomas. A. Borthwick (O.C., 6 April, 1907).
Reports
Working reports and final reports by McKenna and Borthwick are on RG 15, Series D II 1, vol. 991, file 1247280, title: "J.A.J. McKenna, Commissioner to make treaty with Indians [1906-1914]"; McLean's brief report on his scrip taking activities can be found in RG 15, Series D II 1, vol. 1007, file 1457869, title: "W.J. McLean re. taking affidavits for Half-Breed scrip [1908-1914]".
Sittings
Under P.C. 1497, 20 July, 1906: Portage la Loche, La Loche Mission, La Loche River, and Isle à la Crosse. Under O.C. 6 April, 1907: Isle à la Crosse, Portage La Loche, Stanley, Lac du Brochet Post, Lac du Broche (south), Lac la Ronge, and Mistawasis.
Awards
Under P.C. 1497, 20 July, 1906: a total of 541 claims were investigated, of which 498 were allowed; $65,040 in money scrip and 54,480 acres in land scrip were awarded.
Under O.C. 6 April, 1907: a total of 202 claims were investigated, of which 178 were allowed; $14,160 in money scrip and 28,560 acres in land scrip were awarded.