Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 98[449] I have already noted that in his introductory statement to the Ojibway, Morris did notacknowledge Dawson's presence. He mentioned that he and Provencher were theCommissioners. Just before the commencement of the negotiations, Campbell had directedMorris to ensure that he, not Dawson, conducted the negotiations.[450] At the same time, even when it had not been the intention of the Canadian government toformally appoint him as a Commissioner, Dawson had been asked to attend the 1873negotiations. His extensive experience, knowledge and understanding of the Ojibway wereclearly recognized.What Provencher Knew[451] Commissioner Provencher, a lawyer, journalist and public servant, was, in 1873, anemployee of the Department of Indian Affairs. On February 28, 1873, he had been givenresponsibility for administration and implementation of treaty promises. (Lovisek report, Ex. 28,p. 75.) In June 1873, he had also been appointed as a member of the Board of IndianManagement for the Northwest Territories.2011 ONSC 4801 (CanLII)[452] In those capacities and with his background, he clearly had knowledge of Canada'ss. 91(24) powers and responsibilities with respect to Indians and Indian lands.[453] [In 1878, less than five years after the Treaty was signed, Provencher would bedishonourably dismissed from office by the federal government, after being investigated forcorruption and incompetence in his dealings with the Indians, creating fictitious accounts,providing the Indians with poor quality, unwholesome food and equipment that was unfit for use,avoiding meetings with the Indians and harsh and improper treatment of the Indians.]Canada's Interests[454] In late September 1873, as the Commissioners travelled to the North West Angle to beginthe Treaty negotiations, all the Treaty Commissioners knew that to the Ojibway, protection oftheir rights to continue to hunt, fish and collectively use the resources on their lands wasparamount.[455] From Canada's perspective, a treaty needed to be completed. Canada needed to be able toensure that settlers could safely pass through the Treaty 3 territory on their way to the fertileagricultural areas on the prairies and points further west. It needed to be able to ensure that theCPR surveyors and builders could do their work in safety. The Commissioners knew Canadaneeded a treaty to honour its commitment to British Columbia to build a transcontinentalrailway, and that the portion between Thunder Bay and Fort Garry was scheduled to becompleted by December 31, 1876. Canada also needed to honour its promises to protect theIndians made to Great Britain as a condition of annexation of the HBC lands.[456] Saywell gave evidence that peaceful relations with the Indians were for Canada apractical necessity (Saywell, April 6, 2009 at p. 42.)