Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 18[113] Chartrand gave evidence that members of both the Palliser and Hind Expeditions filedreports on the feasibility of constructing an immigrant travel route from the western shore ofLake Superior to the Red River settlement. Palliser concluded it would be cost prohibitive.[114] Simon Dawson ("Dawson"), who was to become another Treaty Commissioner in 1873,first came into contact with the Ojibway living in "the lands between" as a member of the HindExpedition. At that time he reported on the possibility of building an immigrant travel routeconnecting Lake Superior to the Red River Settlement.[115] In 1858, understanding that it would be unlikely that Britain would transfer the HBCTerritories to the United Provinces of Canada alone, at hearings held in England to considerwhether the HBC licenses should be renewed, Chief Justice Draper representing the UnitedCanadas suggested that Canada would be a safe haven for the Territories if there were aConfederative deal. Britain eventually agreed that if a confederated Canada were brought intoexistence, it would transfer the HBC Territories to Canada, provided that Canada would agree tofulfill specified conditions, including "to protect the Indians within the Territories in conformitywith the equitable principles which have uniformly governed the British Crown in its dealingswith the Aborigines, and payment of the associated costs." [Emphasis added.]2011 ONSC 4801 (CanLII)1860: Transfer of Imperial Administration of Indian Affairs to the United Canadas[116] Despite the resistance of the Imperial civil secretaries, in 1860 Imperial authoritiesrelinquished control over Indian Affairs in the United Provinces.[117] At that time, many of the personnel of the Imperial Indian Affairs Department transferredfrom the employ of the Imperial Government (the Civil Secretary of the Governor, the SeniorImperial Representative) to the employ of the United Provinces of Canada (the Office of theCrown Lands Department.) For instance, William Spragge ("Spragge"), mentioned later in thecontext of the Treaty negotiations, began his career in the Imperial Indian Department andmoved to the employ of the United Canadas in 1860. In 1862, he became the DeputySuperintendent of Indian Affairs of the United Canadas. [After 1867, he transferred to theCanadian Indian Affairs Department, then part of the Department of the Secretary of State,where he would become the Deputy Superintendent of Indian Affairs of Canada, a position heheld as of 1873.]1861-1867[118] In the 1860s, Canadian interest in the West remained strong. However, public affairswere dominated by the American Civil War, discussions about Confederation and politicalgridlock in the United Canadas.[119] Vipond gave evidence (February 23, 2010 at p. 52) that the impetus for politicalconsolidation included deadlock in the Upper Canadas, fear of American invasion (1864-1865was the height of the Fenian raids), British unwillingness to financially support the Empire andthe prospect of economic opportunity from western expansion.