Keewatin v. Minister of Natural Resources

Part 5. The Ojibway Perspective - Ojibway History 47for each family not exceeding five…for the surrender of the land…" (Ex. 45 at p. 300; Ex. 1,Vol. 5, tab 127 and Ex. 45 at p. 304.)[259] Simpson, Dawson and Pither were appointed treaty commissioners in 1871.[260] Chartrand wrote at p. 233 of his report, Ex. 60:Although a few bands in the boundary waters region had experienced disruptions to traditionalsubsistence harvesting due to the passage of the Wolseley expedition, at the onset of treatynegotiations in 1871 the traditional economy of the Ojibway remained viable, the strength of thetraditional economic base of the society placed the Ojibway in a good position to promote seriousnegotiations with Crown representatives.[261] The 1871 negotiations were unsuccessful. The Commissioners' report dated July 11, 1871includes the following:We have the honor to inform you that we have had repeated interviews with the Sau[l]teaux tribe ofthe Ojib[b]eway Indians, at Shebandowan Lake and at this place [i.e., Fort Frances].2011 ONSC 4801 (CanLII)The Indians in anticipation of negotiations being entered into with them had collected in largernumbers than usual and we had in consequence of favourable opportunity of explaining the intentionsof the Government as to obtaining a surrender of their Territorial rights. They preferred claims inregard to promises which had heretofore been made to them for 'right of way' through theircountry. These we admitted to a limited extent and have made them presents in provisions andclothing, we are also to pay them a small amount in money, and it is fully and distinctly understoodby the Indians, that these presents and payments are accepted by them as an equivalent for all pastclaims whatever.The Government is thus at the present moment clear of any Indian claims for the past, in the sectionof country intervening between the Height of Land and the Lake of the Woods.[Emphasis added.][262] The 1871 Commissioners' report did not provide details of the discussion about asurrender of their "territorial rights." Chartrand gave evidence that the Commissioners'explanations were probably largely limited to conceptual explanations and core concepts, and didnot likely extend to exact offers in regards to annual payments, reserve lands to be set aside, etc.[263] Lovisek opined that in 1871 the Ojibway were continuing to focus on a right of wayagreement. Given the position the Ojibway took the next year at the 1872 treaty negotiations, shesaid the Commissioners' observation that "the Government was clear of any Indian claims for thepast" suggests they misunderstood what the Ojibway had been telling them.[264] Both Lovisek and Chartrand gave evidence that by that time, the Ojibway perceived thatthere could be benefits from a Euro-Canadian presence in their territory, in the form of markets,employment, improved transportation and other opportunities.[265] Nevertheless, that perception did not translate into a willingness to enter into a treaty ofcession. Unlike their kin at the Stone Fort and Manitoba Post, who had much better lands, theyrefused to enter into a treaty in 1871.