Keewatin v. Minister of Natural Resources

Part 10. Findings of Fact Part I 174[887] By drawing on the Ojibway experience and understanding of their own meetings inCouncil and comparing their Council to a Council governing the Dominion, Morris was able tosuccessfully explain that his relationship was with the Government at Ottawa and not literallywith the Queen. Lovisek said on November 23, 2009 that Ojibway references to the Queen weresometimes symbolic and sometimes not. She commented that on October 2, after Morris (1)rejected the 1869 demands; (2) was questioned about the extent of his power; (3) said that herepresented the Queen's Government; (4) reminded the Ojibway that there was another "greatCouncil that governed a Great Dominion" that held its Councils the same as they held theirs –Morris had been able to successfully explain the concept of the Dominion Government in amanner that the Ojibway understood. He was explaining that he was receiving his authority froma Great Council in Ottawa that governs a Great Dominion. Morris' explanation could betranslated into Ojibwe. [The Government of Canada/the Queen's Government/the Government atOttawa could be translated as the Council at Ottawa.][888] I find the Ojibway understood the only government with which they were dealing andwith which they would deal after the Treaty was signed was the Queen's government at Ottawa,the only government that Morris mentioned. They understood that Morris, Provencher andDawson were representing that government and that the promises were being made on behalf ofit. They were not ultimately relying on the Queen for the fulfillment of the Treaty promises.2011 ONSC 4801 (CanLII)[889] I have found the Ojibway did not question the Commissioners or seek clarification aboutthe source of their authority on October 3 because they already understood from Morris'explanation given on October 2 that they were there on behalf of the Council at Ottawa thatgoverned a Great Dominion, and they were content with that.[890] They understood from what Morris told them that the government with which they weredealing and would be dealing was a unitary government. They did not understand, because theywere not advised, that any other government could potentially affect their Treaty rights. They didnot agree to have their Harvesting Rights adversely affected by any other government.[891] I find the Ojibway were looking to form an alliance with the Queen's Government atOttawa, and were looking to it to implement and enforce the Treaty.[892] I find the Ojibway relied on Morris' specific representations that the Ear of the Queen'sGovernment would always be open to hear their complaints and that their complaints would beheard. Whenever they perceived assaults on their Treaty Rights, they understood they wouldcomplain to their Treaty partner, the Queen's Government at Ottawa. They expected it to keep itspromise that the undertakings made by the Commissioners on the Government's behalf would befulfilled. I have found the Commissioners highlighted the role of the Dominion Government inimplementing Treaty terms and represented that the Ear of the Queen's Government would beopen to ensure that the Treaty promises were enforced.[893] The Ojibway did not understand the concept of indivisibility of the Crown on whichOntario relies (i.e., that when exercising its exclusive s. 92 powers, Ontario is notionallyaccountable directly to the Queen and is not subordinate to the federal government.)