Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 19[120] In 1864, concerns escalated about protecting the West against American aggression whena large number of Sioux warriors fled from the United States into southern Manitoba, with theAmerican cavalry in hot pursuit.The Lead Up To ConfederationNegotiations re Annexation of the West[121] The evidence was uncontradicted that in British North America, there were differences ofpublic opinion over the advisability of acquiring the HBC Territories. French Québec wasambivalent, the Maritime Provinces lukewarm to hostile. Nevertheless, Ontario pressed ahead.Discussions re Jurisdiction over Indians/Indian Lands[122] When the leaders of the Maritime Provinces met at Charlottetown in 1864 to discuss apossible maritime union, the United Canadians crashed the conference, advocating a broaderunion.2011 ONSC 4801 (CanLII)[123] At the Charlottetown and Québec Conferences of 1864, the groundwork for the creationof the Dominion of Canada was laid.[124] Since Confederation was initially largely an Ontario initiative, the blueprint for Canadawas based primarily on the Ontario experience. John A. Macdonald and others from Ontarioproffered the first suggested division of powers.[125] There was general agreement that Canada would be a federal state and that Parliamentwould have jurisdiction over matters of national concern, the local legislatures over localmatters.[126] There is no extant record of a debate or any other document that clearly explains whyCanada took responsibility for Indians.[127] Von Gernet reviewed the papers from the Charlottetown conference and found nomention of Indians. He located the first mention of Indians in documents from the QuébecConference held about a month later, in October 1864.[128] Macdonald's papers from the Québec Conference, some of which are in evidence in thiscase, contain the handwritten words "and lands reserved for Indians" beside the word "Indians."From those papers it seems evident that the original resolution stating that "It shall be competentfor the general legislature to pass laws" did not mention Indians. By the end of the conference,under the powers of "the general Parliament," "Indians and lands reserved for Indians" had beenincluded as Number 29. (Ex. 1, Vol. 18, tab 884, "Resolution regarding the division of powers,"October 29, 1864; Milloy, October 15, 2009)[129] Milloy gave evidence that by the time of the Québec conference, there was generalagreement that the annexation of Rupert's Land would take place when a confederated Canada