Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 30The impending transfer made the question of the western and northern limits of Ontario atimely one for the government of the new province. The Speech from the Throne ofNovember 3, 1869, in the Ontario legislature mentioned the desirability of defining Ontario'sboundary in view of the Dominion's forthcoming succession to the Hudson's Bay Company'sestate.[References omitted][176] In a letter dated December 17, 1869 to the Minister of Public Works (Ex. 4, p. 133, tab61], Dawson expressed concern that "the people now in insurrection at the Red River Settlementmight endeavour to excite a feeling similar to that by which they are themselves actuated amongthe ... Indians on the Line of the Route." He recommended that Canada should station "a cautiousand prudent agent at Fort Frances," in the hope that "keeping up a friendly intercourse with theChiefs would frustrate any attempt to tamper with them" and he suggested that Pither, a formerHBC employee who had spent many years among the Indians, be sent to Fort Frances "as soonas possible" to "keep up friendly relations with the Indians and disabuse their minds of any idlereports they might share in the meantime."2011 ONSC 4801 (CanLII)[177] I note that in essence, Canada was being urged to covertly appoint Pither as an IndianAgent in the Treaty 3 area even before a treaty had been signed.1870[178] The Secretary of State and Superintendent of Indian Affairs, Joseph Howe ("Howe"),accepted Dawson's recommendation. On January 6, 1870, Dawson wrote Pither (Ex. 4, p. 135)instructing him "to establish and keep up such intercourse with the Indians who resort to thatplace [Fort Frances] as will ensure a continuance of friendly relations between them and theGovernment" and to lay the groundwork for a treaty:In the natural course of things a treaty must soon be made with the Indians and negotiations to thatend will likely be entered into early next summer. In the meantime, you can ascertain what theyparticularly desire and impress upon the Chiefs that they will be liberally and fairly dealt with as theIndians ever have been within British Territory.[Emphasis added.]Dawson warned Pither about possible attempts by insurgents at the Red River to enlist the Treaty3 Ojibway to their cause:The point above all others on which you will have to exercise vigilance is the risk of their beingtampered with by emissaries from the insurgents at the Red River Settlement …[179] Howe also wrote Pither on March 11, 1870 (Ex. 4, p. 136) about his "delicate andconfidential mission," instructing him to "secure a favourable reception for the GovernmentCommissioner on his arrival" and to represent the views of the Government of Canada to theOjibway. He emphasized security concerns:The unfortunate occurrences at Fort Garry during the months of November and December past haveled the Government to the conclusion that it was desirable that some person of experience andinfluence with the Saulteaux Indians in the neighborhood of Fort Frances should be at that placewhen the Chiefs assemble there in the Spring, in order to keep up a friendly intercourse with themand disabuse their minds of any idle reports they might hear as to the views and intentions of theGovernment of Canada in reference to them. [Emphasis added.]