Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 220It seems they understood that they could do anything with the fish, or trap and shoot. That rightbelonged to them. They are trying to find out and know why the Ontario Government can come alongand prevent them from doing these things.[Emphasis added.][1144] Ex. 1, Vol. 18, tab 853 contains a letter from the Ojibway who lived on the CouchichingReserve dated September 24, 1938, to the Federal Minister, the Honourable T. Crearar,Department of Mines and Resources (the Ministry under which the Department of Indian Affairsfell at that time), which included the following:…Whereas the fundamentals of the stipulations agreed upon to the said transactions were notfaithfully carried out as it was promised by the Dominion Government.We, therefore, commit ourselves humbly in approaching our authorities at Ottawa of suchrepresentations as may be honestly considered by them in accordance to the obligations set forth forthe benefit of the Indians and their children and those that will be thereafter.[Emphasis added.][1145] A. Spencer, the Indian Agent at the Fort Frances agency, wrote a letter dated September27, 1938 (Ex. 1, Vol. 18, tab 854) to the Secretary of Indian Affairs containing the following:I have the honour to report that the Chiefs and Headmen of the North West Angle Treaty No. 3 havebeen holding a Joint Meeting… for the last 4 days…and they think the Department is not living up totheir promises, in a number of things, but more in respect of trapping and hunting.2011 ONSC 4801 (CanLII)They have appointed a small delegation to go to Ottawa, to interview the Department, in respect totheir Treaty, the greatest discussion was in regard to Fishing and Hunting, because the game Wardenswere seizing their Nets and Boats or taking them up in court and being Fines for Fishing [sic].The Indians cannot make a living unless they are permitted to sell a few fish, as fishing and trappingis the only way they have of makeing a living. But the Game and Fishery Dept. at Toronto wouldonly give to each fisherman One Licence instead of from Two-to-Four, probably some of the Indianswould get a licence to catch and sell a few fish, because at this time nearly all the lake is taken upwith white fishermen and the Indians have no place to go.If the Indians are not allowed to catch a few fish to sell, it will be as I was told by few of my Indians,they said that if they could not sell a few fish to provide for their families, that they would have to goto Jail, because they could not see their families starve, and I think they are telling the truth in thatrespect.If a delegation goes to Ottawa, I would recommend that an Official from the Department accompanythem there to Toronto to interview the Game and Fisheries Department. …[Emphasis added.][1146] On October 3, 1938, the Organized Indians of the Northwest Angle wrote a letterenclosing the following resolution:Moved by the organized Indians do hereby resolve to urgently request the Government to allowexemption for hunting and fishing, without being arrested and fined. And that the Indian agents shallbe given instructions strictly to protect the Indians so that no Indian should be prosecuted by theGame Wardens.