Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 194[1006] Ontario as owner challenged Canada's jurisdiction to establish reserves on Ontario's landswithout its consent.[1007] Morris died in October 1889.[1008] On November 1, 1889, Tilton, Deputy Minister of Fisheries at the federal Department ofFisheries and the Deputy Supt. General Indian Affairs at the federal Department of IndianAffairs arranged for Indian officers at Rat Portage to be appointed as special fishery overseers,clothed with magisterial powers under the Fisheries Act to enforce the Fisheries Law andRegulations and to prevent fishing occurring, to the detriment of the Indians at Lake of theWoods on the Rainy River and at Lac Seul.[1009] 1890. By the 1890s, most of the Chiefs who had signed Treaty 3 in 1873 had died.[1010] Lovisek's report (Ex. 28) contains the following at pp. 154-155:…Indian Agent E. McColl had received so many complaints or petitions from Chief Mawedopenaisthat McColl was relieved to report his and the death of other treaty chiefs in the 1890s.2011 ONSC 4801 (CanLII)…The Indian Agent at Rat Portage [Kenora] Agency reported complaints by the Lake of the Woodschiefs in 1890:…In July last I attended the annuity payments to the Indians of the Lake of the Woods, atAssabaskashing. Their spokesman, Chief Conducumewininie, came forward and, after theusual handshaking, addressed me as follows: "When the treaty was made with us at theNorth-West Angle we saw the lips of the Government moving, but now they are closed insilence, and we do not know what is done in the councils of our mother, the Queen. We seesome one fishing out in the lake. Who is he and where does the evil spirit come from? Is hea big-knife (an American) from the United States? We wish our children and children'schildren to live, but he is destroying their food, and they will die of hunger. When we gaveup our lands to the Queen we did not surrender our fish to her, as the Great Spirit made themfor our special use.[1011] Lovisek said that the Ojibway 1890 references to "the lips of the government moving"and to "the Councils of our Mother the Queen" were references to the Dominion government."When we gave up our lands to the Queen," they were referring metaphorically to her.[1012] Saywell's report (Ex. 137-2) contains the following:At p. 36:… the intensely personal Macdonald-Mowat feud which had been waged for a quarter of a centurywas over. Not only had Mowat won every battle with the federal government, but by 1890Macdonald was old and tired, obsessed with the politically divisive nation –threatening controversiesaround the Jesuit Estates Act, the Manitoba School question, and finally the reciprocity-loyalty cryelection of March 1891. The old disputes with Ontario were left in the capable hands of JohnThompson, one-time premier of Nova Scotia… In 1885 he had become minister of justice and by1890 was clearly the heir-designate. Although it is dangerous to speculate, Thompson seems to havefelt that with the battle over the field should be cleared of all debris.…At pp. 38-40:… it was not until 28 November 1890 that Thompson met with Mowat and other Ontario ministers …it seemed that Mowat was still wary of the federal government. Of the 24 matters which were