Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 180Rainy River is the only place where extensive reserves of the first class, that is farming lands, couldinterfere with the progress of settlement; and I would propose limiting [the reserves] on that river toan aggregate area of 6 square miles.... [T]he islands of the Lake of the Woods are at present the chief farming stations of the Indians …On conferring with the Indians I have no doubt but that matters relating to the reserves can be easilyarranged. They will of course seek to get as much as they can on Rainy River but there, it has alreadybeen explained to them that they are to be confined, as regards reserves of the first class, to thelocalities they hitherto occupied as camping grounds, fishing stations and gardens.[937] In his report, Ex. 60, Chartrand confirmed that Dawson anticipated compatibility betweenEuro-Canadian and Ojibway uses, except perhaps in the Rainy River area:At p. 217:Dawson's letter [of March 2, 1874] reveals that he expected little to no conflict with respect to theselection and use of lands by Aboriginal signatories, the Dominion and non-Aboriginal settlers anddevelopers. As he indicated, at the time the only area where potential conflict might develop was inthe vicinity of Rainy River, where Aboriginal signatories had developed their own agriculturalpractices and where lands held the most promising potential for non-Aboriginal settlement andfarming. …2011 ONSC 4801 (CanLII)In other Treaty 3 localities … Dawson expected few conflicts ……At p. 316:In March 1874, the Legislative Assembly of Ontario passed a resolution formally proposing to havethe boundary question settled either by a board of arbitration or by the JCPC, and adopting atemporary or "provisional" boundary in the interim, to be located by negotiation with the DominionGovernment.At p. 115:On March 19, 1874 twenty Ojibway Chiefs had a petition written on their behalf, pressing demandsdirectly to Alexander Morris that their reserves be surveyed and determined as soon as possible.[938] Lovisek's report contains the following at pp. 145-6:Within six months of the signing of Treaty 3, on March 19, 1874 twenty chiefs from the Lake of theWoods presented a letter in French to Lieutenant Governor Morris which contained variouscomplaints about the non fulfillment of Treaty 3. Although many of the complaints involved the lackof receipt of farming implements and reserves, the chiefs made several statements which reveal theirunderstanding of the Treaty. For example, the Chiefs stated that the desire for the Treaty was to: "allyourselves with the Whites by a Treaty, we calculated on being maintained by them, at least to theextent were promised..."[939] In a letter dated May 31, 1874 (Ex. 4, p. 260), a number of Chiefs expressed concernsthat the reserves were not being set up quickly enough. They wanted to ensure that their gardenswould be protected, as promised, and that localities where they fished for sturgeon would beincorporated into reserves for their exclusive use.[940] In June 1874, the governments of Ontario and Canada, now both Liberal, agreed on atemporary Canada/Ontario boundary and on the appointment of a Board of Arbitration toadjudicate the Boundary Dispute. Canada was to make grants of land to the west and north of theprovisional boundary line, Ontario to the east and south. The two governments agreed that once