Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 35Assembly in 1877 and 1878. McKay would visit the Saulteaux at the Lake of the Woods region threetimes during the winter previous to 1873 treaty negotiations to encourage support for the treaty.Footnotes omitted.[200] On February 18, 1871, the Manitoban newspaper reported (Ex. 1, Vol. 5, tab 114) asfollows:The Hon. James McKay returned from Lake of the Woods on the evening of the 13 th [of February]. Agood cart road to NorthWest Angle had been so nearly finished when he left, that by next week itwould be complete ... Among the workmen at present doing good service on the road, are a numberof Indians from the vicinity of Lake of the Woods, who were, very wisely, given employment at Mr.McKay's suggestion …[201] Lovisek's report, Ex. 28, contains the following at pp 50-51:On March 7, 1871 Archibald informed Howe that his assistant, Métis trader James McKay,recommended that the Government should tell the Indians of their plan to open communications onthe Dawson Route and send a commissioner to deal with their claims. Unless this was done, theIndians would prevent passage of the mail and travelers. Archibald authorized McKay to inform theIndians that they would receive a reply from the Government in the spring. In an earliercorrespondence of February 28, 1871, Archibald described McKay as: "better acquainted with thehabits and wishes of the Indians of that region than any other person I am acquainted with, except,perhaps, Mr. Pither, of Fort Frances…"Footnotes omitted.[202] During the winter and early spring of 1871, Archibald had been communicating withPither about conditions on the ground. In March of 1871, Archibald recommended that Pither beformally retained as the Indian Agent at the Lake of the Woods. Since early 1870, Pither hadbeen serving "confidentially" as an ad hoc Indian Agent.2011 ONSC 4801 (CanLII)[203] Chartrand opined that by the spring of 1871, the Treaty 3 Ojibway were likely aware thatthe conflict at the Red River had been peacefully resolved.[204] Archibald sent a letter to Howe dated April 7, 1871, mentioning that Pither was of theview that the Ojibway would surrender the whole country for much the same price they wouldask for a right of way. [Chartrand gave evidence in effect that Pither's impression must have beenmistaken. He did not connect Pither's impression to knowledge of the 1869 Demands.][205] On April 19, 1871, based on Archibald's intelligence, Howe prepared a report to the PrivyCouncil recommending offering treaty terms under which the Ojibway would "retain what theydesired in Reserves at certain localities where they fish for sturgeon." He wrote as follows:… it is thought [they would] be willing to surrender, for a certain annual payment, their lands to theCrown. The American Indians to the south of them surrendered their lands to the Government of theUnited States for an annual payment which has been stated to the undersigned (but not on authority)to amount to ten dollars per head for each man, woman and child, of which six dollars is paid ingoods and four in money.… It is also further submitted that it will add much to the usefulness of the Commissioner among[st]the Indian tribes if he be allowed to wear a[n] uniform without which they are slow to believe thatanyone having the Queen's Authority can be sent to treat with them.