Keewatin v. Minister of Natural Resources

Part 11. Post-Treaty Events 222[1150] After a delegation of Ojibway travelled to Ottawa to make their complaints on May 22,1939, the Director of the Department of Indian Affairs, Dr. H. W. McGill ("McGill"), prepared amemorandum (Ex. 1, Vol. 18, tab 859) for the Deputy Minister outlining the "distressingsituation" and noting that Ontario had changed the definitions in its regulations "apparently forthe express purpose of barring Indian Treaty rights ..." I note that McGill referred to the failureof the Dominion to honour its moral obligations under the Treaty. (Lovisek report, Ex. 28, at p.161.)[1151] On June 18, 1941, the Chief and Committee of the Union Council of Treaty 3, includingChief Ed L. Hyacinthe of the Grassy Narrows Band, appealed to the Department of IndianAffairs, as follows:We the undersigned Treaty Indians held a Council meeting bearing date June 18th 1941 appeal to theDepartment of Indian Affairs for protection and ask that justice be done. This is in accordance withrights granted to us through the Act of Her Most Gracious Queen Victoria by the Treaty Number 3 ofNorth West Angle bearing date of October 3rd 1873.…What us Indians lived as for a living, the white man is taking these away from us now. For instance,fishing, trapping and game. …This is the resolution passed by all members of Treaty No. 3, NorthWest Angle Treaty.2011 ONSC 4801 (CanLII)We have given many complaints to the Indian Agent [and he has sent] our complaints to Ottawa andwe never get an answer. We now think that we will go and see you personally and tell of ourcomplaints which will be in the Fall.[Emphasis added.](Lovisek report, Ex. 28, at p. 162)[1152] Chief John Ross and Councillors of Lac Seul Band sent a letter dated September 16, 1946(Ex. 1, Vol. 18, tab 860) to Norman Liquors, a liaison between the Indians and the Special JointCommittee of the Senate and House of Commons, characterizing their understanding of theTreaty promise as "first explained" to them "to hunt and fish in the territory ceded by us as aright without hindrance."Since we made the treaty with the Government of Canada, we believe we should not be forced tohave any dealings with the Province of Ontario.The Lac Seul band is in Treaty No. 3 which was made in 1873 and also known as the NorthwestAngle Treaty. We are satisfied with our conception of the original agreement and want it to continue;the terms to be carried out as promised and as it was first explained to our representatives who signedthe treaty for the Indians. …Our understanding of the original Treaty was that we could hunt and fish without hindrance in theterritory ceded by us. The Indians who signed the Treaty could not possibly anticipate any futureGovernment regulations which would change this, as Game and Fish laws were unknown to ourforefathers. It seems reasonable to suppose that the white man who arranged the treaty must haveknown something about Game and Fishery regulations even in those days of long ago. We believe ifthis had been fully explained to the Indians the Treaty either would not have been signed or wouldhave contained a positive statement giving the Indians full right to hunt and fish without restrictions.Since we made the Treaty with the Government of Canada we believe we should not be forced tohave any dealings with the Province of Ontario.[Emphasis added.](Lovisek report, Ex. 28, at p 163)