Keewatin v. Minister of Natural Resources

Part 5. The Ojibway Perspective - Ojibway History 44While he characterized the Old Crossing Treaty as a sale of land, he ultimately agreed onDecember 7, 2009 that the surrender was not presented as the surrender of traditional harvestingrights:And in this particular …instance, I think the Ojibway would have appreciated that, yes, they're notlosing their hunting and gathering rights because Commissioner Ramsey keeps saying that, hereiterates it several times. He's saying, you know, don't worry, you know, things are going to stay theway that you're used to seeing them.Ojibway to the East[244] The experts agreed that the Treaty 3 Ojibway, especially those living in the easterlyportion of the Treaty 3 territory, had had contact with the Ojibway who had signed the RobinsonTreaties in September 1850.[245] Chartrand report, Ex. 60, contains the following at pp 48-49:Although the boundary waters Ojibway had little direct experience with government officials prior toConfederation, they were clearly aware that neighboring groups east of the Lake Superior watershedand south of the American border had entered into treaty relationships involving land cessions andcompensation for Euro-Canadian and Euro-American settlement. This knowledge was obtained eitherthrough occasional travels to Fort William and / or interactions with bands or band memberssignatory to those treaties.2011 ONSC 4801 (CanLII)Between 1847 and 1854 a series of land cession treaties were negotiated with Ojibway occupants oflands west of Lake Superior. One of these treaties, the Robinson-Superior treaty involved Ojibwayliving within the boundaries of the Province of Canada. The treaty was negotiated at Sault Ste. Mariein September 1850 by William Robinson for a surrender of title to lands along the north shore ofLake Superior, from Batchewana Bay to the Pigeon River and inland to the height land defining theLake Superior watershed. As compensation for surrendering title to these lands, the treaty providedOjibway signatories with defined reserve lands for bands, monetary compensation in the form of agratuity (one time payment) and perpetual annuities, rights to hunt and fish over the ceded territoryexcepting lands sold or leased and occupied among other stipulations.[References omitted.][246] As noted earlier, the signing of the Robinson Treaties had been preceded by a colonialreport suggesting that the Ojibway had no valid claim to the land. In 1848 when miningcompanies sought to develop mines in Treaty 3 territory north of Lake Huron and Lake Superior,where no treaty had been concluded, Lord Elgin, the Governor General acting in the capacity ofImperial official, had directed an inquiry into the Aboriginal claims to the territory that thecolonial government had already rejected. At his behest, the Anderson-Vidal Commission metwith the Chiefs, gathered information and submitted a report to the Governor-General and theImperial Indian Department, concluding that the Ojibway claims were legitimate andrecommending a treaty be negotiated.[247] In their report dated December 5, 1849 (Ex. 51), the Anderson-Vidal Commissionerswrote about their perception that a cession would have limited impact on Indian harvestingactivities, as follows at p 6:It will not be advisable to propose the cession of a narrow strip upon the Lake shore, merelyincluding the present mining tracts … Little if any difference, need be made in the terms offered, forall that is known to be of value is situated on the front, and they will still retain undisturbed