Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 125this side of the Great Salt Lake. Morris' explanation could be translated into Ojibwe. TheGovernment of Canada/the Queen's Government/the Government at Ottawa could be translatedas the Council at Ottawa. They understood they were dealing with the Council at Ottawa.[593] On October 2, 1873, they acknowledged that he had advised them he did not have all thepowers of the Queen:We understood yesterday that the Queen had given you the power to act upon, that you could do whatyou pleased, and that the riches of the Queen she had filled your head and body with, and you hadonly to throw round about; but it seems it is not so, but that you have only half the power that she has,and that she has only half filled your head.[594] On October 2, 1873, the Ojibway understood that in deciding whether to go forward withthe Treaty, they would need to satisfy themselves that the Queen's Government at Ottawa, theparty with whom they were dealing, not only had the power to authorize the Treaty terms theywere seeking, but also had the power to implement and enforce them.2011 ONSC 4801 (CanLII)[595] Lovisek gave evidence that by October 3, they had satisfied themselves that theGovernment at Ottawa/Canada/the Government/Council at Ottawa/the Queen's Government/theCouncil that governs a Great Dominion was the source of the Commissioners' authority and thatit would, to use Morris' words, "take their hand and never let it go." They had satisfiedthemselves that Canada had adequate power. They were content to rely on Canada. Theyrecognized and accepted that Canada was authorizing the Commissioners to agree to the Treatyterms and Canada would be responsible for fulfilling the promises.[596] Lovisek also said on November 23, 2009 that some Ojibway references to the Queenwere symbolic, some not. It is important to scrutinize each reference in context. They were oftensymbolic, referring to kinship by virtue of a common connection to the Great Mother.[597] Lovisek's report (Ex. 28) contains the following at pp. 92-94:There are multiple references in the Shorthand Reporter's account of the 1873 Treaty negotiationswhich invoke the name of the Queen. The Queen was not used in the negotiations to represent adistinct level of government as much as it was used by both parties as a symbol. The use of wordslike "Queen" and its equivalent "Mother" were used symbolically by both parties to represent kinshipand show respect. In The Manitoban, a reference is made to the Great Mother the Queen, and that theCommissioners and the Saulteaux were all "children of the same Great Spirit, and are subject to thesame Queen…."(Footnotes omitted.)[598] After Morris made the statements about the Council that governs a Great Dominion andcompared himself to a brave who carries a message, the Ojibway repeatedly referred to theGovernment and to the Treaty Commissioners personally. Apart from one exception, which mayhave been an attempt at humour, "I think it would disgrace the Queen, my Mother, to wear herimage on so base a metal as this," they did not again refer to the Queen.[599] Chartrand agreed in cross-examination on January 26, 2010 at pp 67-68 that when Morrisreferred to the Council that Governs a Great Dominion, he was beginning to correct the notionthat he was taking his instructions from the Queen.