Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 29asked for reserves. They opined that the 1869 Demands were not presented to representatives ofCanada before October 2, 1873.[170] Lovisek opined that the 1869 Demands, made only by the Chiefs in the vicinity of theDawson Route/Right of Way and not from throughout the whole Treaty 3 area, related to a rightof way. She said the Ojibway were requesting reserves in the area of the right of way becausethey wanted to ensure their sturgeon fishing and garden areas were safeguarded for their ownexclusive use.Progress on the Construction of the Dawson Route[171] In a report to the Minister of Public Works dated May 1, 1869, Dawson noted that withthe aid of the Indians, a line practicable for a road from Fort Garry to the Lake of the Woods hadbeen located.2011 ONSC 4801 (CanLII)[172] On August 13, 1869, the Chief Engineer of Public Works reported [Ex. 1, Vol. 4, tab 59]to the Civil Engineer at Ottawa that that road was under construction.Insurrection at the Red River[173] Once it became clear that Rupert's Land and the North-West Territory would soon beadmitted into the Dominion of Canada, Canada passed the Temporary Government of Rupert'sLand Act, 1869. In it, William McDougall was appointed Lieutenant-Governor of the "North-West Territories" and instructed to familiarize himself with the situation on the ground before thetransfer, then scheduled for December 1, 1869.[174] In October 1869, a number of Métis protesters including Louis Riel resolved to block hisentry to Fort Garry and proclaimed the establishment of a provisional government. (Von Gernetreport, Ex. 44, at p. 37-39; also Chartrand's report, Ex. 60 at p. 58.)[175] Chartrand's report, Ex. 60, contains the following:At pp. 52-53:…As an agreement between the Dominion government and the HBC was apparently settled and atransfer planned for December 1, 1869, the question of title to lands was further complicated by twointervening developments. First, in a speech from the throne on November 3, 1869, the Province ofOntario determined to launch formal inquiries into determining the true location of the northwesternboundaries of the province, issues that had been raised in relation to original inquiries by the Provinceof Canada in 1857 and during 1868-1869 negotiations between the Dominion government the HBCfor the Rupert's Land transfer. Second, by 1869 the lack of recognition for Métis land and culturalrights in the Rupert's Land transfer negotiations had raised serious concerns among some Métisleaders at Red River. As the transfer appeared imminent, Louis Riel and other leaders initiated anarmed insurrection at Red River in the fall of 1869.At pp 307-308:The settlement with respect to the transfer of title of Rupert's Land did not include a legaldetermination of the location of the HBC's southern boundary. Ontario had a clear interest in havingthis issue resolved since it had inherited the western and northern boundaries of 'Canada West' /Upper Canada. As Zaslow elaborates: