Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 190[982] 1884. On August 11, 1884, the JCPC affirmed the 1878 Award of the BoundaryCommission.[983] Saywell's report (Ex. 137-2) contains the following at p. 28: "[T]he Judicial Committeedecided that the western and northern boundaries were as the 1878 Award had determined. Butabsent Dominion legislation the Award was not binding. [Emphasis added.][984] Just as he had claimed in the Commons in February 1880 and during the 1882 federalelection campaign, Macdonald continued to claim ownership of the Disputed Territory, evenafter the 1884 JCPC affirmation of the 1878 Boundary Commission, on the basis that the 1873Ojibway surrender had passed title to the federal government. Canada continued to purport toexercise jurisdiction, in part, by issuing timber licenses to the St. Catherine's Milling Company (acompany with close connections to the Conservative party.) Chartrand's report, Ex. 60, containsthe following at p. 341:However, the final proviso by the JCPC regarding the need for Imperial legislation, left an openingby which John A. Macdonald could pursue an alternate strategy to attempt to retain control overnatural resources in the former 'disputed territory'. As Armstrong put it:2011 ONSC 4801 (CanLII)This decision, however, was not binding until ratified by legislation, and Macdonaldsteadfastly refused to act ... In the end, Mowat was forced to launch a suit against the St.Catherine's Milling Company which was cutting timber in the disputed area under a federallicence.[References omitted.][985] Lovisek's report (Ex. 28) at p. 169:On September 30, 1884, Deputy Superintendent General of Indian Affairs, Lawrence VanKoughnetinformed Sir John A. MacDonald by memorandum based on information received from the IndianAgent, McPherson, about game laws being applied to the Indians in Lake of the Woods (Keewatin)and Manitoba. VanKoughnet described the Indians in the District of Keewatin as:dependent altogether upon the chase for their living. If they are restricted from supplying thewants of themselves and their families with game during the close seasons they will have tobe fed by the Department, and this system has never been introduced within the precincts ofthe Province of Manitoba as formerly constituted, nor the District of Keewatin. The Indiansat present are fed by the forests and rivers and that which they raise in their gardens andfarms.[Footnotes omitted.][986] 1885. In 1885, Ontario commenced litigation against the St. Catherine's MillingCompany seeking an injunction and damages for illegally cutting timber on lands owned byOntario.[987] Saywell's report, Ex. 137-2 contains the following at p. 34:Early in 1885, Mowat charged that the Company had cut timber illegally on Ontario lands and suedfor an injunction and damages. The company had close connections with the Conservative party, andMowat must have realized that Macdonald would either be a party to the suit or use the company asthe Dominion's proxy.