Keewatin v. Minister of Natural Resources

Part 10. Findings of Fact Part I 173[880] Chartrand gave evidence (January 15, 2010) that when Morris said the ear of the Queen'sGovernment would always be open to the Ojibway, he was directing them to bring theircomplaints to the Queen's Government that he represented and promising that that Queen'sGovernment would address their concerns.[881] I find the Ojibway knew they would be turning to the Government of Canada (even ifthey did not understand the precise nature of a federal constitutional monarchy), they perceived itas their ally. They looked to it and understood they would deal with it, through Indian Agents, asthey had already dealt with Pither before the Treaty was made.[882] I note that Chartrand's evidence January 19, 2010 contains the following:At p. 118:A. …I do believe that the Ojibway at this time believed … that these individuals and AlexanderMorris in particular were persons who could …effectuate the implementation of provisions, or whocould ensure that treaty promises were kept.2011 ONSC 4801 (CanLII)After the Treaty was signed, the Ojibway did not call on the Queen but on Morris and theGovernment at Ottawa:At p. 127:A. I do not have any documentary evidence indicating that they wrote petitions or complaints or hadthem written directly to the Queen.At p. 130:Q. Okay. Do we -- I take it, though, we never see the Ojibway complain to the English government?A. Not directly, no.[883] Immediately after the Treaty was made, the Ojibway asked for the appointment of moreIndian Agents on the ground to ensure that the provisions promised and other undertakings ofCanada would be fulfilled.[884] Generally speaking, I find the Ojibway wanted, intended and relied on dealing in thefuture with the entity they perceived to be their Treaty partner, the Queen's Governmentrepresented by the Treaty Commissioners, the Government at Ottawa. I find the Ojibway didunderstand they were dealing with the Government that they knew was directing the Treatynegotiations and promising to address their concerns "so long as the sun shone and the watersflowed."[885] I accept Lovisek's evidence that on October 3, 1873, the Ojibway knew they were notliterally dealing with or relying on the Queen. I specifically reject Von Gernet's and Chartrand'sevidence that they thought they were.[886] Based on the evidence of Lovisek, I find that the Ojibway Chiefs understood that whilethe Queen's Government/Council at Ottawa acted in the name of the Queen, they were not theQueen, and after the Treaty they would not literally be dealing with the woman in England whowas Queen, nor would they be dealing with any government across the Great Salt Lake.