Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 213…and whereas in pursuance of the terms of an agreement dated 16 th April, 1894, between theGovernment of Canada and the Government of Ontario, the Government of Ontario has made fullenquiry as to the said reserves so laid out, and it has been decided to acquiesce in the location andextent thereof with the exception of that known as Indian Reserve 24C, in the Quetico ForestReserve, and subject to the modification and additional stipulation of said agreement hereinafter setforth, and whereas the Government of Canada has deposited in the Department of Lands, Forests andMines of Ontario plans of said reserves…[1106] Section 1 provides as follows:Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of theProvince of Ontario, enacts as follows:1. The said reserves as shown on said plans, with the exception of Indian Reserve 24C, in the QueticoForest Reserve, are hereby transferred to the Government of Canada, whose title thereto is herebyconfirmed, and subject to all trusts, conditions and qualifications now existing respecting lands heldin trust by the Government of Canada for Indians, and subject to the provisions of the followingsections.[1107] Chartrand seems to have initially taken the wording of the 1915 Act at face value. Hisreport (Ex. 60) contains the following at p. 219:…With one exception, Ontario and the Dominion finally concurred in the selection of Treaty 3reserves in negotiations held between 1913 and 1915, allowing for their confirmation by Order-in-Council. ……In 1915, Ontario passed an Act to Confirm the Title of the Government of Canada to Certain Landsand Indians Lands. Specific to Treaty 3 reserves:2011 ONSC 4801 (CanLII)Thus the government of Ontario confirmed that the boundaries of Treaty 3 Indianreserves would be as they had been selected by the Indians and surveyed by thefederal government.[Emphasis added; references omitted.][1108] However, in cross-examination Chartrand conceded that Ontario had insisted on thecancellation of all but one of the reserves containing good agricultural land, and the Ojibwaypopulation in the area had been moved to a reserve at Manitou Rapids (January 22, 2010 at p.113.)[1109] Chartrand's cross-examination on January 22, 2010 contains the following at pp 116:Q. But the point is that the government of Ontario becomes quite unhappy and resistant to thereserves as created by the Government of Canada -- Government of Canada?A. Well, in certain -- the certain locality of Rainy River, that becomes an issue. …[1110] On January 25, 2010, Chartrand agreed, "the question of the surrender of the Rainy Lakereserves was a matter that Ontario had put forth as one of the conditions for confirming thereserves."[1111] Ex. 1, Vol. 17, tab 799 contains a Memorandum written by Aubrey White, OntarioDeputy Minister of Lands, Forests and Mines, dated December 15, 1914 to his superior, theOntario Minister of Lands, Forests and Mines, summarizing what had happened, as follows: