Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 102Treaties 1 and 2. Unlike other First Nations, they had rejected Christianity. They loved theirculture, lifestyle and religion, and had no desire to change.[478] The Globe had reported the "Indian logic" in 1872 as follows: "We don't want Canada'smoney. All we wish is for the white man to keep away."[479] The Shorthand Reporter reported in the Manitoban that the Rainy River Chiefs were"careless" about a treaty.[480] Counsel for Ontario submitted based on the evidence of Chartrand and Von Gernet thatthey had "a negative consciousness of their condition."[481] Chartrand opined (December 15, 2009 at p. 76) that the Ojibway were concerned theywere facing inevitable, ongoing, Euro-Canadian influxes of people involving settlement andresource use. They perceived that the tide of Euro-Canadian movement was unstoppable, exceptperhaps by warfare. The increasing movement toward the West would eventually result in apresence on their traditional lands. His report, Ex. 60, contains the following at p. xii:In this context, there is no doubt that the Ojibway understood that they were negotiating terms andconditions for a surrender of their title to lands when they met Treaty Commissioners at theNorthwest Angle of the Lake of the Woods in 1873. The 1871 report of the Treaty Commissionersand a letter from Simon Dawson preceding the 1873 negotiations, both indicate that the Ojibwayunderstood, in the context of growing use of the Dawson route by travelling immigrants, that asurrender of their lands was now inevitable.[Emphasis added.][482] In cross-examination (January 25, 2010 at pp. 15-17), Chartrand conceded that the earlyacademic literature, positing that treaties were forced upon the Ojibway, has largely beensupplanted by scholarship positing that the Ojibway had their own agenda and were able to shapetheir interactions with the Euro-Canadians. He agreed there is disagreement in the literature as towhether the Ojibway accepted that their way of life was passing. He conceded they believed thatthere would not be a massive movement and intrusion of the Euro-Canadians into the Treatyterritory as a whole.2011 ONSC 4801 (CanLII)[483] The concerns they had expressed to members of the Palliser and Hind expeditions hadbeen somewhat allayed because of events between 1858 and 1873. They had moved from fearfor their very survival, to guarded optimism that under the right conditions, they couldsuccessfully adapt and that a Euro-Canadian presence would not lead to their eradication or theend of their culture. They wanted to fully understand the practical consequences of any treatyand to secure material benefits before it was too late to do so. While they understood that therecould be benefits to be derived from a treaty, they also understood that over time, as land wastaken up, their hunting and fishing rights would be increasingly diminished/negatively impacted.[484] The 1871 Commissioners had noted in their official 1871 report (Ex. 4, p. 171) that theIndians looked upon the emigrants and others now passing through their country with evidentsatisfaction.