Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 26Q. …in the second paragraph at page 61… the role that the federal government will play vis-à-visthe provinces is analogous to the role that the imperial government previously played vis-a-vis theindividual colonists?A. That's the way I've described it in my work, yes, as an analogy.[Emphasis added.][164] In 1868, with a view to making recommendations to ensure problem-free construction,Dawson met with the Ojibway around Fort Frances. On April 20, 1868, in a Report [to Ottawa]On The Line of Route Between Lake Superior and the Red River Settlement (Ex. 45 at p. 261),he described their social organization, character, customs and economic practices:... They are very intelligent and are extremely jealous as to their right of soil and authority over thecountry which they occupy ...The chief danger which could arise on coming into unfriendly relations with Indians … would befrom having large parties of workmen in the vicinity of their encampments ... as a rule, extremeprudence will always have to be observed by the officers in charge of men to keep them from comingin contact with the Indians...2011 ONSC 4801 (CanLII)In appearance, these Indians are tall and well formed and, in bearing, independent; sometimes, even alittle saucy, but, in their intercourse with strangers, they are hospitable and kind. Their morality issaid to be of a high order…They are, in general, keen traders, and seem to know the value of what they get and give, as well asany people in the world. Some of those who assemble at Rainy River for the sturgeon fishing, insummer, come from Red Lake in the neighbouring state of Minnesota, where they possess huntinggrounds; and, among these latter,are some that have been parties to treaties with the United States forrelinquishing certain tracts for settlement, for which they are now in the receipt of annual payments.The experience they have thus gained has rendered them expert diplomatists, as compared to Indianswho have never had such advantages, and they have not failed to impress on their kindred and tribe,on Rainy River, the value of the lands which they hold on the Line of Route to Red River ...Any one who, in negotiating with these Indians,should suppose he had mere children to deal with,would find himself mistaken. In their manner of expressing themselves, indeed, they make use of agreat deal of allegory, and their illustrations may at times appear childish enough, but, in their actualdealings, they are shrewd and sufficiently awake to their own interests, and, if the matter should beone of importance, affecting the general interests of the tribe, they neither reply to a proposition, normake one themselves, until it is fully discussed and deliberated upon in Council of all the Chiefs.The Chiefs are fond of asking any travelers, whom they believe to be of importance, to attend aGrand Council...…All this goes to show a certain stability of character, and the degree of importance attached to whatthey say, on such occasions, themselves, as well as to what they hear from others. The word of theChiefs once passed, too, seems to be quite reliable, and this augurs well for the observance of anytreaty that may be made with them ...For my own part, I would have the fullest reliance as to these Indians observing a treaty and adheringmost strictly to all its provisions, if, in the first place, it were concluded after full discussion and afterall its provisions were thoroughly understood by the Indians, and if, in the next, it were neverinfringed upon by the whites, who are generally the first to break through Indian treaties.…From what I have said, I trust it will be seen that some sort of a treaty should be arrived at with theIndians. They are, as I have stated, desirous of seeing the communication opened, believing that it