Keewatin v. Minister of Natural Resources

Part 12. Findings of Fact Part II 228[1185] I find, based on the viva voce evidence and the post-Treaty documents, that after theTreaty was signed, the Ojibway dealt first with Morris, then with the Department of IndianAffairs, the branch of the Canadian government responsible for Indians.[1186] After the Treaty was signed, consistent with this understanding, the federal governmentbuilt on the formal structure of the Indian Agents it had already started in the Treaty 3 area. Itencouraged the Ojibway to use this structure as the means to have their concerns, needs andgrievances, including complaints about Treaty implementation and enforcement, on- and offreserve,addressed.[1187] The Ojibway understood their relationship with Canada, their Treaty partner, wasimportant.[1188] The focus of the Treaty negotiations was the establishment of a relationship between theOjibway and their new Treaty partner, the government at Ottawa.2011 ONSC 4801 (CanLII)[1189] I accept Chartrand's evidence that the Ojibway framed their complaints in terms of theirrelationship with each other. I find, based on the evidence of both Lovisek and Chartrand, thatpost-Treaty, the Ojibway understood that all their complaints should be addressed to the federalgovernment via their Indian Agents. The Plaintiffs looked to the federal government andexpected it to address their complaints. When matters were not to their liking, the Ojibway senttheir letters and petitions through the federal Indian Agents to Ottawa. The Government ofCanada understood that the Ojibway were looking to it. It intended to make good on its promisesto the Ojibway.[1190] It is clear that the Ojibway saw a link to the federal government. When Morris retiredthey petitioned (Ex. 1, Vol. 8, tab 400) his successor, Cauchon, asking him to intercede for themwith the Government at Ottawa.[1191] While there are relatively few references to the Queen in the post-Treaty documents,there are some, especially to Our Mother the Queen. Lovisek said that after the Treaty wassigned [and the formal relationship was established] the Ojibway perceived that they now hadkinship links to the Canadian Government/shared a mutual relationship in the form of a symbolickinship with the Great Mother, the Queen. They expected mutual give and take and that theirTreaty partner would have due regard for their welfare.[1192] A good example of a post-Treaty mention of the Queen relied upon by Ontario is thestatement attributed to Chief Conducumewininie as quoted by the Indian Agent McColl in hisreport (Ex. 1, Vol. 12, Tab 588, pp. 199-201) dated November 18, 1890:When the treaty was made with us at the North-West Angle we saw the lips of the Governmentmoving but now they are closed in silence, and we do not know what is done in the Councils of ourmother the Queen. We see some one fishing out in the lake. Who is he and where does the evil spiritcome from? Is he a big-knife [an American] from the United States? We wish our children and ourchildren's children to live, but he is destroying their food and they will die of hunger. When we gaveup our lands to the Queen we did not surrender our fish to her, as the Great Spirit made themfor our special use. [Emphasis added.]