Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 202The Annuities Case (heard 1903-1910)[1049] Lord Watson commented in St. Catherine's Milling: "Seeing that the benefit of thesurrender accrues to her, Ontario must, of course, relieve the Crown and the Dominion of allobligations involving the payment of money."[1050] In 1903, Canada sued Ontario for such indemnity.[1051] The reasons of Burbidge J., the trial judge, were delivered March 18, 1907 and includedthe following:The question of obtaining the surrender of the Indians title in the lands described in the North WestAngle Treaty No. 3, was in 1870, when Rupert's Land and the North-Western Territory wereadmitted to the Union, a very urgent and pressing one, not because lands were at that time required ordeemed to be desirable or available for settlement, but because it was necessary for the goodgovernment of the country to open up and maintain through such lands a line or way ofcommunication between the eastern and settled portions of Canada and the great and fertile westernterritory that was added to the Dominion.[1052] In 1910, the JCPC agreed that Canada's principal purpose in obtaining Treaty 3 was not asurrender of the lands. Even though they were part of the same Crown, the interests of Canadaand Ontario were different. Lord Loreburn on behalf of the JCPC wrote:To begin with, this case ought to be regarded as if what was done by the Crown in 1873 had beendone by the Dominion Government, as in substance it was in fact done…. When differences arisebetween the two Governments in regard to what is due to the Crown as maker of treaties from theCrown as owner of public lands they must be adjusted as though the two Governments wereseparately invested by the Crown with its rights and responsibilities as treaty maker and as ownerrespectively.……The Dominion Government were indeed, on behalf of the Crown, guardians of the Indian interestand empowered to take a surrender of it and to give equivalents in return…[Emphasis added.]Relations Between Ojibway and Euro-Canadians 1909-19122011 ONSC 4801 (CanLII)[1053] Lovisek's report (Ex. 28) contains the following at pp. 155-156:In 1909, the Chiefs and Councillors of the Rainy River, Rainy Lake and Seine River Bandsunderstood that the treaty protected their hunting and fishing, but that they were experiencing activeopposition to their attempts to make a living from hunting and fishing. On April 9, 1909 the Chiefsand Councillors prepared a petition to Frank Oliver, Minister of the Interior and SuperintendentGeneral of Indian Affairs, the Chiefs and Councillors:We wish to lay before you our business and troubles ... We are not seeking anything new butonly want our dues between us our fathers and this Government at North West Angle in theyear 1873 ...We also wish to Fish for ourselves all the year and no reserve seasons for us. It's our dailyfood.