Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 14[88] In British North America between 1763 and the early 1800s, the Imperial authorities keptdirect control over Indian affairs, insulating the Indians from local interference. They prohibitedsettlers from dealing directly with Indians or taking possession of lands reserved to the Indians astheir hunting grounds.[89] The Imperial government reaped military benefits from the conciliation policy during theAmerican Revolution and again in 1812, when the First Nations rallied in the defence of UpperCanada against the Americans.[90] Milloy gave evidence that these Imperial policies were uniformly followed in UpperCanada (hereinafter "Ontario.") In the eastern portion of British North America (NewBrunswick, Nova Scotia and Prince Edward Island), where Indians were not perceived as aserious military threat, they were not. In the Maritimes, some Peace and Friendship Treaties weremade, which were not instruments of surrender but of peace. They provided for the cessation ofhostilities; the return of captives; maintenance of good relations; non-molestation of settlers andcontinuation of various harvesting rights. Von Gernet conceded these treaties were used asprecedents in some respects by the Treaty Commissioners in framing Treaty 3. (Milloy, October9, 2009 at pp. 131-135; Von Gernet, December 4, 2009 at p. 19.)2011 ONSC 4801 (CanLII)[91] After the Napoleonic Wars ended in 1815, cost-cutting initiatives ensued as a result ofwidespread concerns in Britain about the high level of debt that had been incurred. At about thesame time, British interest in its North American Empire was beginning to wane, partly as aresult of its costs, and partly as a result of Britain's move from mercantilism to free trade(mentioned later in the section of these Reasons on Circumstances Leading to Confederation.)Saywell said (April 6, 2009 at p. 59) that after the War of 1812, England became increasinglyunwilling to bear the costs of maintaining the military and the costs of Indians in Canada.[92] However, the rise of the humanitarian movement provided a new impetus and rationalefor continuing central Imperial control of Indian affairs. After British Parliament passed the antislaverylaw in 1833 (Slavery Abolition Act 1833 (U.K.), 3 & 4, William IV c. 73), the largeBritish humanitarian community founded the Aborigines Protection Society in 1837 to protectand foster the interests of the indigenous peoples throughout the Empire.[93] Milloy's evidence on October 9, 2009 contains the following at pp. 80-81, 83, 87:…One of the things that Wilberforce is reputed to have said as he left the chamber that night [thenight that they passed the anti-slavery law], he supposedly turned to his colleague and said, "Who dowe liberate next?"… "What's the next …challenge?" We have the formation of these societies inGreat Britian that are terribly interested in what's going on in terms of the relationship between theEmpire and its manifestations overseas, the settlers, business people and the treatment of indigenouspeople, and really want that to be humanitarian, really want that to be benevolent for First Nationspeople in the various colonies.[94] The humanitarian approach that Milloy described as a "policy of civilization" involvedthe continuation of the making of presents, an increased emphasis on education (arming theAborigines with skills in reading, writing and arithmetic), the encouragement of agriculture and