Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 210[1088] On the ground in the Treaty 3 area, Dawson and Dennis, the federal Surveyor General,worked to address the problems that had arisen in the reserve creation process. Dennis negotiatedthe Rainy River Agreement mentioned earlier, creating reserves and recognizing and protectingOjibway fisheries.[1089] The federal government proposed to reserve the right to fish commercially in the Lake ofthe Woods only to the Indians, and banned use of pound nets by white fishermen. (Muirhead,"The Ontario Boundary Dispute and Treaty 3 1873-1915," p. 11.)[1090] These actions were all indicative of a federal willingness to go beyond the IndianDepartment and enforce Treaty Harvesting Rights on a multi-departmental basis, in someinstances even in preference to Euro-Canadian harvesting rights.[1091] In the few years following Confederation and after 1873, the federal government alsoused its powers to advocate on behalf of the Indians with respect not only to on-reserve but alsooff-reserve matters.2011 ONSC 4801 (CanLII)[1092] When sturgeon stocks were being depleted, Dawson and Prime Minister Macdonaldspoke out in Parliament about protecting fisheries for the Ojibway. Macdonald promised to havehis Minister of Fisheries look after this matter "within [Canada's] Constitutional powers."[1093] Canada's post-Treaty activities protecting Harvesting Rights between 1873 and about1892 involved federal departments other than the Department of Indian Affairs, including theDepartment of Fisheries and the Dominion Lands Department. Prime Minister Macdonaldhimself was vocal in protecting the Indians.[1094] Canada's conduct in the years that immediately followed the Treaty was consistent withan understanding that it owed the Ojibway a duty to implement and enforce the Harvestingpromises made to induce them to enter into the Treaty.[1095] When the Ojibway complained about problems in Treaty implementation andenforcement, initially the federal government did act. Dennis promised that well-groundedcomplaints would be remedied. Dominion employees Pither, Dawson and Dennis attempted toaddress their complaints. Canada set up reserves as promised, including the gardens and sturgeonfishing areas for their exclusive use. It paid annuities. Twine, ammunition and agriculturalimplements were supplied.[1096] In the years preceding St. Catherine's Milling, most of the Treaty 3 area was administeredby Canada under the 1874 Provisional Agreement. The federal government coordinated landgranting and Indian policy through the Board of Commissioners charged with managing IndianAffairs. That Board included both the Commissioner of Indian Affairs (at first Provencher) andthe federal Commissioner of Lands.[1097] Lovisek's evidence and Chartrand's cross-examination on Muirhead's article, "TheOntario Boundary Dispute and Treaty 3: 1873-1915" (contained in the secondary sourcecollection of documents) cast light on the federal government's early but apparently short-lived