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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 225growing up, Fobister believed that the Indian Agent held a higher position than the MNRrepresentative. He understood that complaints should be made to the Indian Agent, who wouldlook after the Ojibway for as long as they lived.[1170] On the Grassy Narrows Reserve there was no school. In 1953 when Fobister was seven,he was sent to residential school, which he attended September to June each year until 1958.Students were punished for speaking Ojibwe. They were not allowed to mention their ownculture or to practice it. They were taught "mainly about the Roman Catholic religion," nothingabout Treaty 3 or Government.[1171] After he left school at 12 or 13, Fobister helped his father trapping, working with theHBC, hauling wood, cutting grass, hunting [moose, deer, ducks, partridge, rabbit] and fishing.He learned to handle firearms, knives and axes, and to cut up animals and fish.[1172] When he was older, he worked at Grassy Lodge, a local tourist camp. First he was a campboy, later a fishing guide. Other Grassy Narrows people worked as guides at other nearby touristcamps.2011 ONSC 4801 (CanLII)[1173] The Grassy Narrows people fished for their own consumption and for sale to others until1970, when mercury poisoning was discovered in the Wabigoon and English River system andadjacent lakes. Fish were declared unsafe to eat. Fishing ended. The tourist industry, formerly themain employer in the area, collapsed. Welfare was introduced for the first time.[1174] During the early 1970s, Fobister was his community's first welfare administrator. As timepassed, he assumed other positions with the band, including resources coordinator [rebuildingand repairing trapping cabins on Crown land], band councillor and then Chief <strong>of</strong> the GrassyNarrows band from 1992-2002. At the time <strong>of</strong> trial, he was still a band councillor.[1175] Fobister said there were no nearby roads when he was young. There was no logging inthe area <strong>of</strong> the trap line where he was born. Even today, the vast majority <strong>of</strong> the trap lines <strong>of</strong> theGrassy Narrows people are located on Crown lands. Euro-Canadian forestry operations are alsolargely conducted on Crown land.[1176] Selective logging in the vicinity <strong>of</strong> the Grassy Narrows Reserve and <strong>of</strong> Fobister's father'strap line did not begin until the mid to late 1960s. Initially, swede saws or axes were used.Loggers harvested only selected types <strong>of</strong> wood. Other trees were left standing.[1177] Fobister said that the impact <strong>of</strong> that type <strong>of</strong> selective logging on hunting and trapping wasmore acceptable to his people. They did not object to the logging because they were workingtogether with the Euro-Canadians and could still hunt and trap without much disturbance. Theybenefited from participating in the selective logging process, from being paid to plant saplingsafter it ended, and from the road access it brought. After the loggers finished harvesting andmoved on, the Ojibway were still able to hunt because many trees were left standing and therewere places where the animals could still hide in safety.

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