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Keewatin v. Minister of Natural Resources

Keewatin v. Minister of Natural Resources

Keewatin v. Minister of Natural Resources

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Part 11. Post-Treaty Events 223The Present Day[1153] Into the 20 th century, the Indian Agents reported every year that the principal activities <strong>of</strong>the Ojibway at Grassy Narrows were hunting, fishing, berry picking and the harvesting <strong>of</strong> wildrice.The Evidence <strong>of</strong> William Fobister[1154] William Fobister ("Fobister"), a member <strong>of</strong> the Grassy Narrows First Nation, gaveevidence on November 24 and 25, 2009, primarily relevant to the continuing importance <strong>of</strong>traditional harvesting in Ojibway culture and the effects <strong>of</strong> lumbering on the Grassy Narrowspeople. He told about his life as a child and in recent years. He emphasized that traditionalharvesting continues to be a crucial component <strong>of</strong> Grassy Narrows culture and identity.[1155] The Grassy Narrows people could not survive just on the produce <strong>of</strong> their gardens. Theyalso need meat, game and fish obtained by hunting and fishing.2011 ONSC 4801 (CanLII)[1156] Fobister described the seasonal patterns followed by all members <strong>of</strong> his family before hewas sent <strong>of</strong>f to residential school when he was 7 years old. I have summarized his evidence indetail because he made a poignant statement about his love for a lifestyle that many Canadianswould assume to be undesirable and unwanted.[1157] Fobister was born on February 18, 1946 in a cabin located on his father's trapline onCrown land, a several-day canoe trip from the Grassy Narrows Reserve. I inferred from hisevidence that the family went to the same cabin and his father winter-trapped on the sametrapline every year.[1158] Seasonal Round. From May to June, the family would be at the Reserve, where theyplanted potatoes, corn, cabbage and onions in their gardens. In July, they would paddle andportage a freighter canoe to a location about 30 kilometres from the Reserve. They would spendtwo to three weeks there, living in tents and harvesting blueberries that they canned or dried overthe open fire for winter use or for sale to others.[1159] After the blueberry harvest, his family would return to the Reserve for a week or so tocheck on their gardens. Then they would journey 10-15 kilometres in another direction to harvestand preserve wild rice, living in tents or cabins. A great deal <strong>of</strong> work was involved. One familymember would sit in front <strong>of</strong> a canoe and paddle. Another would sit at the back and hit the riceinto the canoe with a stick. While the rice dried, they would dig holes. Then they would place thedried rice in them and dance on the rice to remove the husks. They would sell some <strong>of</strong> the wildrice and keep some for winter use.[1160] After that harvest, they would return to the Reserve to harvest their gardens. His parents,who did not have a root cellar, would bury the produce, surrounded with dry grass, in a hole in asandy area <strong>of</strong> the bush to preserve it until the winter.

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