Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 179However, the best of federal intentions were derailed by the Boundary Dispute. When there wasdiscussion of an important issue or event, I highlighted the issue or event by inserting headings.[926] After the surrender the Ojibway never limited Euro-Canadian occupation in the balanceof their territory (Lovisek, October 23, 2009 at p. 137.) They shared resources with the Euro-Canadians throughout the Treaty 3 territory.Attempting Reserve Allocation Amidst Political Upheaval[927] 1873. On October 11, 1873, the federal government instructed Dawson to start consultingwith the Treaty 3 bands about reserve selection.[928] Morris intended that Canada would keep its Treaty promises. In his Official Report datedOctober 14, 1873, he stated, "I would further suggest that no patent should be issued or licensegranted or mineral or timber lands, or other lands, until the question of the reserves has first beenadjusted."2011 ONSC 4801 (CanLII)[929] In fact, the location of the Treaty 3 reserves was not to be confirmed for another 42 years.The reasons for the delay and the negative effects on the Ojibway are covered later in theseReasons.[930] Treaty 3 was approved by federal Order in Council on October 31, 1873.[931] On November 4, 1873 the Governor General wrote Morris a letter (Ex. 1, vol. 7, tab 294)that said in part, "[T]he results will I believe … furnish …additional evidence that the methodadopted by the Government in dealing with the Indians is such as to secure their protection."[Emphasis added.][932] On November 5, 1873, following the Pacific Scandal, the Conservative government ofMorris' mentor, Macdonald, was forced to resign.The Liberals are Elected[933] 1874. In January 1874, a Liberal government headed by Alexander Mackenzie waselected. It included a number of Reformers who were strong provincial autonomists.[934] Chartrand's report, Ex. 60, contains the following at p. 316:On January 8th, 1874, the Lieutenant-Governor of Ontario reported on the state of the boundarydispute in a Speech from the Throne, indicating that informal steps had been taken towardsestablishing a "provisional" boundary as Ontario and the Dominion Governments continuedrespective efforts at historical and legal research and analysis…[935] In early 1874, Morris, Provencher and Dawson all repeatedly urged that reserve selectionbe completed as soon as possible.[936] On March 2, 1874 Dawson wrote a letter (Ex. 4, p. 251) to the Minister of the Interiorcontaining the following: