Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 186September 1876: "I think it is likely that we can agree to the western boundary, but it is utterlyuseless to talk of compensation for something upon a suppositious claim west of that. Thatcannot under any circumstances be even spoken by us."[961] 1877. Lovisek's report (Ex. 28) contains the following at pp. 152-3:Indian Agent Amos Wright informed E. A. Meredith Deputy Minister of the Department of theInterior, on November 17, 1877, that he had met with Chief Blackstone who said that they wereentitled to cattle as promised by the Government at the time of the treaty. Blackstone also stated that:they were promised the privilege to travel free, on the Government steam boats, and teamson the Dawson route, and that he, and, also his people, should be furnished with clothing,annually.Indian Agent Wright dismissed Chief Blackstone's claims:These claims seemed to me so absurd that I did not think it advisable to trouble theDepartment with the matter however, I stated to them distinctly, that the Government indealing with the Indians, would, confine themselves strictly to the terms of the Treaty.2011 ONSC 4801 (CanLII)... Since Wright was not present at the Treaty 3 negotiations, his dismissal of Chief Blackstone'sgrievances were without foundation.[962] On December 29, 1877, a Rainy River Chief addressed a petition (Ex. 1, Vol. 8, tab 400)to Morris' successor, the Honourable Mr. Cauchon, asking him to use his influence with theGovernment at Ottawa.[963] Lovisek's report (Ex. 28) contains the following at pp. 153-154:The Saulteaux continued to understand that it was the Dominion Government or the "Government atOttawa" with whom they had entered into a reciprocal relationship and with whom they shouldregister their complaints about the treaty. On December 29, 1877, Chief Kishekoka of Rainy River,under instruction by the chiefs of Rainy River and Northwest Angle wrote to Joseph EdouardCauchon about: "some grievances that we have and hope that you will use your influence for us withthe Government at Ottawa."[964] 1878. On January 3, 1878, Pither wrote to Meredith, Deputy Minister, informing him ofthe difficulties the Ojibway would experience were they required to stay on their reserves inorder to receive annuity payments. Lovisek quoted a portion of that letter in her report (Ex. 28) atpp. 153-154:I have always impressed on the Indians that any provision made to them by persons authorized by theGovernment would be kept and have told them to keep faithfully all promises made on their part ofthe Treaty- and up to this time I have had no fault to find with the Indians under my charge.[Emphasis added; footnotes omitted.]Events, 1878 - 1887The Boundary Dispute[965] Vipond gave evidence that for Premier Mowat and for Ontario, the outcome of theBoundary Dispute was far from a trivial matter. Ontario had significant political and economicincentives to seek to have its boundary determined to be as far west as possible. Any lands itcould establish to be within its boundaries would provide it with revenue. In an era before