Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 216Evidence re Development in Keewatin[1124] In Keewatin there was very limited, if any, Euro-Canadian land use until at least 50 yearsafter 1873, when prospecting for gold began in the Red Lake District during the 1920s.Evidence re Development in the Disputed Territory[1125] The Historical Atlas of Canada indicates that in all of the Treaty 3 area, agricultural,forestry and mining development as of 1891 did not meet the statistical threshold necessary towarrant depiction on the map. (Ex. 87, Altas of Canada, Plate 5: 1891; see Epp, February 17,2010 at pp. 5-7.)[1126] Epp gave evidence that agricultural settlement in the Disputed Territory was mostly intownships close to Rainy Lake and the Rainy River. (Epp, January 29, 2010 at p. 145.)2011 ONSC 4801 (CanLII)[1127] Transportation. To facilitate passage through the Treaty 3 territory prior to the turn ofthe century, Canada built the Dawson Route. (Epp, January 29, 2010 at pp. 121-2 and 126-7.)[1128] Chartrand said that by 1879, immigrant travel over the Dawson Route was in seriousdecline.[1129] The first CPR train traversed the Treaty 3 territory between Fort Garry and Fort Williamin 1883, ten years after the Treaty was signed. The CPR was the only line of communicationthrough the territory until 27 years post-Treaty.[1130] Roads were trails or primitive cuts through the forest, primarily for winter use.[1131] Up to 1930, most of the roads built were in the Rainy River Valley. None were north ofthe English River or even much to the north of the CPR line. The Ojibway and Euro-Canadiansalike travelled by canoe during the summer. (Epp, February 16, 2010.)[1132] Mining Development. Prospecting interest and activity that had begun in earnest in theDisputed Territory around 1890 had dried up by about 1906. Some mining locations were stakedbut were not worked. Some were worked intermittently, for a few months at a time. (Epp,February 17, 2010.)[1133] Lumbering. Before 1875, there was no commercial timber harvesting anywhere in theTreaty 3 territory. Issuance of timber licenses was delayed by the Boundary Dispute. (Williams,February 19, 2010 at pp. 74 -75.)[1134] Ontario's first sale of timber berths occurred in the Rainy River district in 1890. (Epp,February 16, 2010 at pp. 164-165.)[1135] Both Epp and Williams agreed that while information on surveys, sales and licenses byOntario of timber berths is available, whether and how much timber was harvested is unknown.