Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 124Queen and did discard the antiquated formula of tying his authority to the Queen. It containedthe following:At the opening of the negotiations the Governor had deemed it expedient to follow in the path of hispredecessors and adopt the traditionary story of the Great Mother's special and anxious interest in herred children and of her having sent her representative etc. etc. This figure of speech seems to bethoughheaven alone knows why-the usual one adopted for discussing their affairs with the Indiantribes; and the polite though crafty savage of the Rainy Lake district not only received thisintelligence with demonstrations of satisfaction, but made a mental note of information for use in dueseason. It was not long before he had occasion to use it for when the demands of the Indians had beenrefused by the Governor on the ground that the offer he had first made them was within hisinstructions, but that all subsequent demands were altogether beyond his authority, the urbanedenizen of the woods pointed out the apparent incongruity in the two statements made by the whitechief; the one that he was there representing the Great Mother, and the other that he had the power todeal with the Indians as he himself thought proper. This had puzzled them a great deal-so they saidandthey, as recommended by the Governor, had held a further council amongst themselves on thesubject of the treaty. As the Governor has said that his power of giving was limited by instructions,perhaps he would now tell them to what extent he was enabled to meet their views expressed in theirwritten demands, to which they still begged leave to adhere. This was not badly put by the untutoredmind-if it was untutored on this occasion-for on the one hand the treaty was likely to cost enoughwithout going to the utmost extent of delegated powers, while on the other there was just the dangerthat by remaining too inflexible the Indians might go off in a huff. With considerable tact GovernorMorris evaded the little anamolous theorem which the Indians had presented for his explanation, andprobably considering that the Great Mother was a source of strength to the Indian, but of weakness tothe Commissioners, wisely discarded this antiquated formula…[Emphasis added.][590] Chartrand conceded that the Free Press reporter perceived on October 2 that Morris wasdistancing himself from the Queen and that Morris had concluded that tying his authority to theQueen was working to Canada's disadvantage because the Ojibway perceived the Queen's powerto be limitless. Morris decided to explain that he represented the Council that Governed a GreatDominion/the Queen's Government at Ottawa because the Ojibway had specifically challengedMorris' authority.2011 ONSC 4801 (CanLII)[591] Lovisek opined the Ojibway understood what Morris was telling them. On October 2,after Morris (1) rejected the 1869 demands; (2) was questioned about the extent of his power; (3)said that he represented the Queen's Government; (4) reminded the Ojibway that there wasanother "great Council that governed a Great Dominion" that held its Councils at Ottawa thesame as they held theirs – Morris had been able to successfully explain the concept of theDominion Government in a manner that the Ojibway understood. The Ojibway understood theywere not dealing literally with the Queen.[592] Lovisek opined on November 23, 2009 that when Morris referred to "the Council thatgoverns a Great Dominion," "the Government in Ottawa," a "Council similar to their own," hewas clarifying that the Government in Ottawa was providing his authority and would beresponsible for implementing and enforcing the Treaty promises. In drawing on Ojibwayexperience and understanding of Council meetings and in comparing their own Council to theCouncil that governed the Dominion, Morris was able to make the Ojibway understand that hewas acting on behalf of the Government at Ottawa. The Ojibway did understand by the time theysigned the Treaty that the Commissioners' authority came from a Council at Ottawa located on