Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 23[150] Vipond summarized their perspective on February 23, 2010 at p. 63 as follows:The provinces are equally capable of self-government, fully clothed, independent legislative andgovernmental bodies; that federalism requires non-interference in areas not within a government'sjurisdiction.[151] Vipond gave evidence that the provincial autonomist's conception of relations betweenthe federal government and the provincial government was that they were to be treated as if theywere two foreign entities engaged in diplomacy. The fact that there was one Crown did notchange the fact that they were two governments with different powers, different assets, etc.[152] While the differences in vision between the centralists and provincial autonomists existedand became the source of major conflict in the 1880s and 1890s, both camps recognized thateach level of government had a legitimate role to play. Even strong provincialists such asMowat, Blake and Mills recognized that provincial jurisdiction in respect of matters such aseducation and lands was not so open ended that the federal powers could not limit the provinces'range of action. (Vipond, February 26, 2010 at p. 63.)2011 ONSC 4801 (CanLII)[153] As of 1867, three levels of government having various roles within any particularprovince were to serve the same Crown: the provincial governments, the federal government andin the background, the Imperial Government. The political players knew it was important tospecify which government had jurisdiction to deal with which issues. If the Government ofCanada made a contract with a private individual, the treasury of the Government of Canadawould be called upon to "make good" on that contract. Government officials entering intocontracts needed to clearly identify the government being committed to fulfill their terms(Saywell, April 6, 2009 at pp 61, 64-5, 67.)Confederation - 1867[154] Canada came into being upon Royal Assent to the British North America Act of 1867 onJuly 1, 1867.Other Events After Confederation Relevant to the Parties' Understanding of Canada'sPowers and Obligations to Indians in 1873Establishment of a Canadian Department of Indian Affairs[155] After Confederation, many of the same ex-employees of the Imperial Indian Departmentwho had transferred to the Indian Department of the United Canadas in 1860 moved to the IndianDepartment of the Dominion of Canada. Under the 1868 Department of Secretary of State Act,the Secretary of State became Superintendent General of Indian Affairs with responsibility fordirecting the management of Indian lands and Indians.[156] From its inception, Canada/the Canadian Indian Department retained Indian Agents towork with the Indians at the local level and involve themselves in every aspect of Indian life,including distributing presents and annuities, assisting in establishing reserves, ensuring thatagricultural implements and provisions were provided, schools were built and teachers were