Keewatin v. Minister of Natural Resources

Part 10. Findings of Fact Part I 149Q. And that sort of understanding post-1867 that this is the federal government's responsibility,right?A. Yes, that's correct.Q. Part of their responsibility for Indians?A. Yes, that's correct.Q. And if we go over to page 58, to the opening of the offer. This is Morris' offer. It's framed in thewords:"'I want to settle all matters both of the past and present, so that the white and red man willalways be friends.'"Again, he's framing the offer squarely within that historic treaty-making role, correct?A. The treaty-making role, yes, certainly.Q. Which by this time Morris clearly understood was vested in the federal government?A. Well, since 1867.Q. So what he's alluding to here is the responsibility of the federal government to Indians, right?A. Correct.[731] I have earlier quoted portions from Morris' essays, speeches and book where hementioned Canada's responsibility to the Indians.2011 ONSC 4801 (CanLII)[732] On January 22, Chartrand agreed and I find that the Commissioners understood that at thetime they negotiated the Treaty, the Dominion Government had a responsibility to Indians unders. 91(24), which would continue under the Treaty, even within Ontario if Canada lost theBoundary Dispute.[733] I accept Milloy's evidence that while Canada's policy as of 1873 was generally toassimilate Indians, general policy considerations here gave way to other priorities. I accept thatCanada's biggest post-Confederation challenge was assimilating its huge new Empire to the Westand that its goal of assimilating Indians was manifestly less important. Given the precarioussecurity in the West involving First Nations threats, Canada, like the Imperial Government haddone much earlier, recognized the wisdom of continuing the policies and strategies that had beenbehind the Proclamation of 1763. Those responsible for Canadian Indian Affairs returned to thepolicy of "conciliation" and the making of promises of protection necessary to achieveconciliation.[734] While I do not doubt that Morris was aware of the federal policy of assimilating Indians,I accept Milloy's evidence that implementation of Indian policy prior to 1873 had not beenuniform. In this case, the Commissioners and the members of the Canadian Privy Council whoprovided their authority and approved the Treaty terms were weighing various national priorities.In the circumstances here, assimilation of the West required peace and friendship with the Treaty3 Ojibway.[735] I accept Milloy's evidence that, historically, the Department of Indian Affairs wasdirected from the top and Indians were insulated from local settlers and governments whom theImperial government had perceived could not be trusted to deal fairly with Indians. Part of therationale for the placement of s. 91(24) with the federal government was protection of theminority Indian interest. I accept Milloy's evidence that Treaty Commissioners intended tointerpose Canada between the Indians and settlers.