Keewatin v. Minister of Natural Resources

Part 10. Findings of Fact Part I 148[726] Given the need for security of the CPR and Dawson Route, I find the Commissionersemphasized peace and friendship during the negotiations. Morris and Dawson repeatedly referredto future friendship:September 30, 1873: Morris: "The reason I am here today is the Queen's Government wish to havea treaty with you and take you by the hand and never let your hand go." (Dawson's Notes, Ex. 1, Vol.6, Tab 268);October 1, 1873: Dawson: "[Dawson] had long looked forward to this meeting ... so as to fixpermanently the friendly relations between the Indians and the white man." (Morris, Ex. 9, p. 55;October 1, 1873: Morris: "I want to settle all matters both of the past and the present, so thatthe white man and the red man will always be friends." (Morris, Ex. 9, p. 58);October 3, 1873: Morris : " ... that we wish to do the utmost in our power to make youcontented, so that the white and red man will always be friends." (Morris, Ex. 9, p. 67);2011 ONSC 4801 (CanLII)October 3, 1873: Morris: "I accept your hand and with it the lands, and will keep all mypromises, in the firm belief that the treaty now to be signed will bind the red man and the whitetogether as friends forever." (Morris, Ex. 9, p. 68)[727] The Chiefs in turn also emphasized the importance of the relationship being created:October 3, 1873: Mawedopenais: "Depending upon the words that you have told us, andstretched out your hands in a friendly way, I depend upon that." (Morris, Ex. 9, p. 68);October 3, 1873: Mawedopenais: " ... you have promised the good things; you have given usyour best compliments and wishes not only for once but forever; let there now for ever be peace andfriendship between us." (Morris, Ex. 9, p.73; Dawson Notes, Ex. 1, Vol 6, tab 268, p. 6 of 7);October 3, 1873: Mawedopenais: "You understand me now, that I have taken your handfirmly and in friendship." (Morris, Ex. 9, p. 73; Dawson Notes, Ex. 1, Vol 6, tab 268, p 6 of 7.)[728] I find the Commissioners promised and the Ojibway relied upon the promise of futurefriendship between the Ojibway and their Treaty partner.[729] Chartrand's cross-examination on January 22, 2010 contains the following at p. 78:Q. …And I just want to direct you to Mr. Dawson's speech, and the second sentence of that:"He had long looked forward to this meeting, when all matters relating to the past, the present,and the future, could be disposed of so as to fix permanently the friendly relations between theIndians and the white men."I mean, isn't that an indication that they're framing this around the -- they're framing thesenegotiations around the special relationship between -- and to avoid arguments with you for now, theCrown and Indians?A. Yes, certainly.[730] The Commissioners were aware of Canada's s. 91(24) responsibilities and Chartrand'sJanuary 22, 2010 cross-examination contains the following at pp. 79-80:Q. …He's relating this directly to, you know, the devising of a scheme whereby both white men andIndians would be benefited.A. Right.Q. That's really at the core of the historic treaty-making function, isn't that fair?A. Yes, it is.