Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 31[180] On April 23, 1870, Mr. Weymess Simpson, formerly an HBC trader but by then the MPfor Algoma, wrote to Howe on April 23, 1870 (Ex. 4, p. 138), proposing that he [Simpson] beappointed to negotiate a right-of-way agreement with the Ojibway:I am aware that for some years the Indians of that part of the country have been anxious to know whythe Government have been making roads through their lands, and knowing as I do, that this tribe havealways been most turbulent and hard to manage, I think the time has arrived to conciliate them andmake a treaty for the right-of-way to the North-West Territory. …[Emphasis added.][181] In May 1870, Howe gave Simpson narrower instructions, i.e., to ensure that the Ojibwayallowed Canadian troops, led by Colonel Wolseley ("Wolseley") and already on their way toquash the ongoing Red River rebellion, to cross the Treaty 3 territory. Howe wrote, "TheGovernment have reason to believe that Mr. Pither has been entirely successful with the Indiansthat they are now very favourably disposed towards the Canadian Government."[182] When Wolseley and his troops arrived at Fort Frances a few weeks after Simpson hadmet with the Ojibway, he described meeting Crooked Neck, the principal chief of the Ojibway,("a hideous old fellow," "a cunning old savage"):… [H]e [had] refused to accept the presents that Mr. Simpson had brought for him, such as gaudy redshirts and coats and caps, just the thing to catch the eye of an Indian, and please his fancy. "Am I apike," said he with virtuous indignation, "to be caught with such a bait as that? Shall I sell my landfor a bit of red cloth? We will let the pale-faces pass through our country, but we will sell them noneof our land, nor have any of them to live amongst us."Ex. 44, Von Gernet's report, pp 65-66:[183] Huyshe, who accompanied Wolseley, wrote the following (Ex. 1, Vol. 4, tab 104):Although I do not think it possible that they could ever combine in any large numbers for such apurpose, yet there is no doubt that 100 determined men might have inflicted tremendous loss on thetroops with comparative impunity; for, thoroughly acquainted with the vast network of lakes, theycould have fired on the boats as they passed through narrow channels, or blocked up portages, anddone much mischief in a variety of ways, while to have attempted to pursue them through the woodsand lakes would have been madness. They move about in the neatest possible little birchbark canoes,just large enough to hold three men, and so light as to be portaged by one man with ease for longdistances.[184] In his report (Ex. 4, p. 145) about that June meeting [not written until August 19, 1870],Simpson made a number of pejorative comments about the Ojibway. He noted they had resistedefforts to Christianize or "civilize" them, and had maintained their way of life. They were quite"incapable of understanding gratitude." He emphasized they posed a real security threat:By the night of the 19 th about 1500 had collected (that is men women and children) … These peopleif ill used or provoked would become a most serious bar to the settlement of the North West andcould prevent any but strongly armed parties from going through their lands.[Emphasis added.]2011 ONSC 4801 (CanLII)He theorized that the Métis and Indians at the Red River had been tampering with the Ojibway:However I found they would not work and would not act as guides to the Troops. The Half-Breeds &Indians of Red River had been tampering with them telling them that the Troops were going to the