Keewatin v. Minister of Natural Resources

Part 9. Credibility of the Experts 14710. FINDINGS OF FACT, PART 1Findings re Interests of Canada[717] The Higher Courts have repeatedly cautioned that regardless of the similarity in wordingamong treaties, it is necessary to carefully examine the specific facts in each case in coming tofactual conclusions about the meaning to be given to any specific treaty.[718] With respect to Treaty 3, the understanding of the Commissioners and their objectivesmust be determined having regard to the specific evidence in this case.[719] On the specific facts here, I have found that the Treaty Commissioners were anxious toenter into a treaty to ensure that national priorities could be met.[720] I find Canada perceived it needed a treaty to ensure safe passage of settlers and railwayworkers through and in the Treaty 3 territory and so it could honour its commitments to BritishColumbia and Great Britain.2011 ONSC 4801 (CanLII)[721] Canada appreciated that protecting the Ojibway was important to protecting Canada'sstrategic interests. It took Indians and Indian rights very seriously. In 1873, the Commissionersviewed fulfillment of the Treaty terms as important. To keep its promises and to protect itsnational interests, Canada needed to be able to ensure that its vital s. 91(24) interests weresecure.[722] I accept the evidence of Milloy that in 1873, "conciliation" was thought to be crucial tonation-building and to assimilating the West so national priorities could be met.[723] I accept Saywell's evidence that in the 1870s, the North American Indians were still seenas being capable of opposing European advance in the territory. There was a widely held viewamong the political classes that good and peaceful relationships with the Indians in theNorthwest must be established. If they were not, the Indians could be a constant source of troubleand expense. This is evident from the report on the 1872 treaty negotiations and Dawson'scorrespondence, among other evidence.[724] I find that the Commissioners and Canada recognized that it was in Canada's strategicinterest to promote peace and friendship with these Ojibway, to prevent unhappy Ojibway fromattacking travelers on the Dawson Route and to allow surveyors and builders of the CPR to meettheir December 31, 1876 deadline for completion of the Treaty 3 portion. I find that Canadawanted to avoid the significant costs of stationing troops in the area.[725] I note in his Official Report of October 14, 1873, Morris included the following:It is fortunate too that the arrangement has been effected as the Indians along the lakes and riverswere dissatisfied at the use of the waters, which they considered theirs, without compensation, somuch indeed, that I believe if the treaty had not been made, the Government would have beencompelled to place a force on the line next year.