Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 209assertion of the continued responsibility of parliament for the Indians as a subject matter under s.91(24); is that fair?A. Yes.…Q. … But as a general rule, when we are looking at (c) … Ontario took the view that Canada wasresponsible for the Indians and their affairs; isn't that correct?A. Yes.Q. And that reference to the trusteeship of the Indians I take it is meant to be a general assertion orreference to Canada's responsibility for the welfare and guardianship of the Indians if you wish?MR. STEPHENSON: And just if I could, I presume that question is intended from a historicalperspective. You're not asking him to interpret the statute per se.BY MR. JANES:Q. I'm not asking him to give a legal opinion on this. This word "trusteeship" of the Indians doesn'tappear in the Constitution and I am trying to figure out what kind of meaning it might have had.A. The word "trustee" and "trust" is certainly mentioned emphatically and explicitly in the post-Confederation establishment of the department responsible for it, that is, the department of theSecretary of State. Langevin mentions that, and McDougall also mentions who speaks on the seventhresolution of the address to Her Majesty, December 1867, of the particular under 91(24)responsibility of the central government. So that there is a -- there was a constant reference to thisidea and this word trusteeship, wards, and so on.Q. So, this fits into the continuum of words that you see in relation to the relationship to the federalgovernment of the Indians where you'll see the relationship described, for example, as the Indians arethe wards of the federal government; is that fair?A. In political debate, yes.[Emphasis added.][1083] The 1912 Legislation itself made no specific reference to Treaty 3 rights.2011 ONSC 4801 (CanLII)[1084] My legal conclusions regarding the effect of the 1912 annexation of Keewatin on Treaty3 Harvesting Rights are set out in the section of these Reasons entitled "Answer To QuestionOne."Confirmation of Reserves and Other Developments- 1915[1085] The worst long-term negative effects of the Boundary Dispute and the St. Catherine'sMilling decision on the Treaty 3 Ojibway were not felt by the Treaty 3 Ojibway until 1915.[1086] As noted earlier, in the years immediately following 1873, there was evidence thatCanada took active steps to implement and enforce the Treaty.[1087] Soon after the Treaty was signed, Pither was appointed under the Dominion Lands Act toenforce timber regulations and prevent abuses by Euro-Canadians. He was later also givenmagisterial power under the Fisheries Act to enforce Ojibway fishing rights. The federalFisheries Department instituted a policy with Indian Affairs whereby Indian Agents at RatPortage (Kenora) would be special fisheries overseers. Senior Ministers in the federalgovernment urged the United States to control American fishing on the Lake of the Woods. Amessage signed by the Minister of the Interior and Minister of Fisheries was forwarded, urgingthe Americans to restrain their appetite for Lake of the Woods fish "in order to conserve thefisheries as a means of livelihood to the Indians."