Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 217There is little or no reliable data. (Williams, February 18 and 19, 2010 See also Ex. 1, Vol. 13,tab 628 at pp. 5-6 of 57; Ex. 1, Vol. 14, tab 632 at pp. 5 of 60.)[1136] Williams said on February 19, 2010 that during the study period, pine harvesting in theDisputed Territory involved the manual felling of trees during a few months of the year. Thelumbermen left standing other species of trees. It could take decades to complete harvesting on atimber berth.[1137] Counsel for the Plaintiffs submitted that the statistics cited by Williams for the WesternTimber District, an area extending from Toronto to the Manitoba border, did not provide areliable basis upon which this Court could infer the extent of timbering in the Treaty 3 area.Unlike other parts of the Western Timber District, where rivers flowed towards settled Canada,Treaty 3 area rivers flowed north and west, forcing lumber operators to rely primarily on prairiemarkets. (Exhibits 112 and 113; Williams, February 18, 2010 at p. 126, Ex. 116; Williams,February 19, 2010 at pp. 24 and 43-45.)2011 ONSC 4801 (CanLII)[1138] Findings of Fact Part II contain my conclusions on the Epp and Williams evidence.1920s-1950s: Developments in the Disputed Territory and the Keewatin Lands[1139] Lovisek's report (Ex. 28) contains the following at pp. 156-157:On March 26, 1924 a letter addressed to James Robinson, Solicitor of Kenora dated January 3, 1924from Chief David Land of White Dog Reserve was published in the Kenora Miner and News.Robinson stated that the letter was one of several that he received from various chiefs about theirgrievances. The letter from Chief Land stated:We, the Indians of this band of Islington are asking the Government about the agreementthat was made when first the white man asked the Indians [about] this land.When the treaty first was given to the Indians there was lots of supplies, farm tools etc. Theyare getting shorter every year. There is only little supplies now, some twine [ ] shot and gunpowder, no farm tools.When the government sends the supplies to us we don't get them the Agent delivers them tothe HB. Co. [Hudson's Bay Company]. The white man told the Indians the reserves to betheir own land. Ther is another thing about the moose, deer and caribou and fur animals. Thewhite man told the Indians I don't buy these from you and now the Department is going tolook at me like a white man. That is the Department is going to stop me killing any of those.We are asking the government to be the same agreement now as when the first treaty wasmade. That is all.[Emphasis added; footnotes omitted.][1140] Chartrand gave evidence on January 19, 2010 about 1927-1951, a "repressive period,"containing the following:Q. … isn't it fair to say that we don't see a common practice of the Indians commencing court casesat that period to vindicate their rights?A. Well, at that time period, this was what, in my opinion, is the most repressive period in post-1876Indian Act Aboriginal history. In fact, two years earlier, in 1927, through -- at the initiative of