Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 28The 1869 Demand Document[167] The Ojibway Chiefs the Fort Frances and the Lake of the Woods Chiefs prepared ademand document ("the 1869 Demands") (Ex. 4, p. 131) on January 22, 1869, which reads asfollows:We, the undersigned leaders of the various bands of Indians in the vicinity of Fort Frances and theLake of the Woods, will agree to make the Treaty with the Queen's Commissioners, at the followingconditions.1 st That every chief gets a pay of fifty dollars every year.2 nd That every member of Council gets a pay of Twenty dollars every year.3 rd That every first soldier of each chief gets a pay of Fifteen dollars every year.4 th That every second soldier of each chief gets a pay of Fifteen dollars every year.5 th That every heads of Indian men, women, and children gets a pay of $15 for the first payment andevery subsequent year ten dollars.6 th That every head of Indians gets a suit of clothes from the 1 st Chief to the last Indian according totheir rank every year.7 th That every chief gets a double barrelled gun every four years, and every man gets one single barrelgun during the same period.8 th That every chief gets 100 lbs of Powder, three hundred lbs of shot, flints & caps, according to thequantity of munitions every year.9 th That every chief gets a yoke of oxen, plough, harrow, and utensils for cultivation every 4 years.10 th That every chief gets ten cows and eight [sic] one bull every eight years.11 th That every chief gets a team of Horses, Buggy and Harness every four years.12 th That every chief gets a she and a he lamb, and one sow and one Boar every year.13 th That every married woman gets fishing twine and cord line to make four nets every year.14 th That every chief gets a set of carpenter's tools, pitsaws included every six years.15 th That every chief gets one cooking stove and utensils every 4 years.16 th That every member of the Council, first soldier & second grade soldier gets one Box stove every4 years.17 th That every chief gets 20 sacks of Flour, 10 Barrels of Pork, 1 Big Chest Tea and 100 lbs sugarevery year.18 th That every chief gets 30 bushels of wheat, 20 bushels Peas and various kinds of Garden seedsevery 8 years.19 th That every chief gets one ox every year, and rations for all the Indians during the time of thepayment each year.20 th That all the aforesaid demands should last, if granted, for ever, that is to say during all the timethat an Indian will be alive in this part of the country.2011 ONSC 4801 (CanLII)For the Land Reserves of the various bands of Indians will be treated verbally from we theundersigned and the Queen's Commissioners (Here follow the marks of the chiefs, named below).Indian Demands as Terms of Treaty, January 22, 1869, Ex. 4, p. 131[168] At trial there was conflicting expert evidence as to whether the 1869 Demands were madein relation to a right of way or a broader cession of lands, and whether they were given to anyrepresentatives of the Canadian Government before they were presented (or re-presented) to theTreaty Commissioners on October 2, 1873 during the 1873 negotiations.[169] Von Gernet and Chartrand opined that the 1869 Demands related to a complete treaty ofcession. They reasoned that if they did not relate to a larger area, the Ojibway would not have