Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 203We don't want to be stopped and Game Inspectors cutting our lines and taking our nets. It isin our Treaty Papers. You are not right to take our privilages [sic] away. We do not molestyour interests. We only want to live.Again we have allowed you to build Dams and Power works unmolested ...Now for HuntingWe have no hunting grounds. Our privilages [sic] were never taken from us by TreatyAgreement. We may not kill moose without someone interfering and being stopped. Wewant to know the reason why? The White Man's laws are all right for them - we live and letlive in our hunting they do not, just shoot to destroy. The time has now come to have anunderstanding. Are we to be treated as white men? Are your words or the word of the GreatWhite Queen our Mother to be as smoke? We trust you will still remember the Queen'sman's word is his bond.On September 29, 1909, the Chief of the Couchiching Reserve complained directly to Frank Oliver,Superintendent General of Indian Affairs about the Treaty:2011 ONSC 4801 (CanLII)By the treaty made in 1873 with our most gracious Queen, Her Majesty agreed with us thatwe should have right to pursue our avocations of fishing throughout the tract surrendered,but in our day, this right amounts to nothing, because the Rainy Lake in front of ourreservations is nearly depopulated. We positively know that nearly every day, more than twoor three [car]loads of fish coming from the Rainy Lake have been shipped by Americancompanies out from Ranier to Chicago and New York. Americans are fishing all the time inCanadian waters. Is there no remedy to this fraud? If not, where will we get our fish in avery near future?[Emphasis added; footnotes omitted.]The Background to the Annexation of Keewatin to Ontario in 1912[1054] Only the southern 2/3 of the Treaty 3 lands were in the Disputed Territory. Before 1912,Keewatin, where the traditional harvesting lands at issue in this litigation are located, was notpart of the Disputed Territory but was under the beneficial ownership and administration ofCanada. Before 1912, the federal government had exclusive jurisdiction over Treaty Rightsunder s. 91(24) as well as jurisdiction to authorize all land uses within Keewatin.[1055] In 1912, Keewatin was annexed to Ontario using the process mandated by theConstitution Act, 1871. Section 3 provided as follows:The Parliament of Canada may from time to time, with the consent of the Legislature of any Provinceof the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon suchterms and conditions as may be agreed upon to by the said Legislature, and may, with the likeconsent, make provision respecting the effect and operation of any such increase or diminution oralteration of territory in relation to any Province affected thereby.[Emphasis added.][1056] The parties disagreed as to whether the 1891 Legislation applied to Keewatin after itsannexation to Ontario in 1912.[1057] Counsel for Ontario submitted that at the moment of annexation, the 1891 Legislationstarted to apply in Keewatin, permitting Ontario, after first obtaining authorization from Canada,