Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 97Although the principal line of traffic at one time passed through their territory, they have for half acentury but little intercourse with the white man. Missionaries have made no impression upon themand, in many respects, they have shown themselves to be less amenable to the influences ofcivilization, than Indians usually are. They, in fact, take pride in maintaining their distinctive Indiancharacter, are deeply imbued with traditions of what they believe to be an honorable past history, andwould look with disdain on any community becoming Christian.They are sufficiently organized, numerous and warlike, to be dangerous if disposed to hostility; andstanding as they do in the gateway to the territories to the North West, it is of the highest importanceto cultivate amicable relations with them.[Emphasis added.][442] In his many reports, Dawson had commented favourably on their intelligence andintegrity and had repeatedly urged the Government to conciliate them and to ensure theythoroughly understood the terms of any treaty they were being asked to sign. He made it clear hebelieved that if the treaty terms were fully explained, the Ojibway would keep their promises. OnApril 20, 1868 (Ex. 1, Vol. 4, tab 53), he had written: "I have the fullest reliance as to theseIndians observing a treaty and adhering most strictly to all its provisions, if in the first place, itwere concluded after full discussion and after all its provisions were thoroughly understood bythe Indians."2011 ONSC 4801 (CanLII)[443] From his many discussions with the Ojibway, Dawson was keenly aware that traditionalharvesting was a critical component of their life and culture. He knew the Ojibway would seek toprotect their Harvesting Rights, and their fisheries and gardens. He had earlier, in a letter toLangevin (Ex 1, Vol. 4, tab 103) dated December 19, 1870 recommended that "certain areas,which they have long occupied, and which are necessary to them in carrying on their fishing andgardening operations, such as the Islands in the Lake of the Woods, & their clearing at theRapids on Rainy River, should be set aside for their sole & exclusive use."[444] Von Gernet gave evidence in chief that Dawson understood that for Canada to haveamicable and friendly relationships with the Ojibway, it was necessary to promise to preservetheir traditional livelihood.[445] In his June 2, 1873 correspondence Dawson had commented that the Ojibway had beenunimpressed by the "utmost" parsimony of the Commissioners in 1871 and 1872, and were of"…the belief that the Government of Canada attached but little importance to the negotiations…"[446] As he entered the 1873 negotiations, Dawson was very concerned about the threat theOjibway posed to the security of the Dawson Route. After the end of the 1872 negotiations, hehad co-signed a joint report of the 1872 Commissioners recommending a military presence beinstalled in the area to ensure security.[447] Despite his knowledge of and familiarity with the Treaty 3 Ojibway, he was appointed asa Commissioner in 1873 only after Lindsey Russell needed to be replaced.[448] Given the fact that he had initially been by-passed as an 1873 Commissioner, Dawsonseems to have come to the 1873 negotiations somewhat chastened.