Keewatin v. Minister of Natural Resources

Part 5. The Ojibway Perspective - Ojibway History 52attached to putting down these uprisings and that that expense would have to be borne by theGovernments of Canada. Is that fair?A. It may be a fair statement. …Q. There was a concern about the expense associated with financing and maintaining militaryexpeditions to deal with the Indians. Let me suggest that to you.A. I have no evidence of that. It makes common sense to me that it would, yes.Q. …[W]hen we look back at something like Treaty 3, … we have to bear in mind that some of thepreoccupations we have today about the Indians may be very different than the preoccupations thatthe political classes and even the ordinary people would have had about the Indians at that time; isthat fair?A. I think that's fair.[284] The Globe report of the 1872 negotiations dated August 5, 1872 contained the following:The Indians flatly, firmly declined to enter into treaty with the government until they've been paid forthe road ... they decline to have anything to do with any treaty until a present of food and clothing foreach one has been set before them and an assurance given that this will be repeated annually. In fact,the demands are such as no government or no people would endorse, and that's demands, be itremembered that are only a prelude to others which would follow in the case of a negotiation for atreaty ... they won't sign any treaty unless impossible demands are first complied with.[Emphasis added.][285] When the report of the Commissioners was received in Ottawa, Spragge wrote a memo((Ex. 4, p. 197) dated September 5, 1872:It will be perceived that Mr. Simpson attributes the obstacles he has met with, preventing so far theobtaining a surrender from the Salteaux Indians, to the reported valuable discoveries of the preciousmetals within the territory, a cession of which has been the object of their negotiations, theknowledge of which has reached those Indians, and who have taken serious umbrage at lands beingsold and patented by the Government of the Province of Ontario, while as yet the Indian Title theretoremains unextinguished. [Emphasis added.][286] Since abandonment of negotiations was not an option, Spragge began to formulate a newoffer. He recommended the introduction of a system patterned on the Maritime Peace andFriendship treaties, of assigning salaries to the head chief of each band not exceeding $25/yearand to the second chief not exceeding $15/year.2011 ONSC 4801 (CanLII)[287] On December 2, 1872, Morris was appointed Lt. Governor of Manitoba and theNorthwest Territories and personal representative of John A. Macdonald, replacing Archibald.6. LEAD-UP TO THE 1873 NEGOTIATIONS[288] On March 1, 1873 the Manitoban newspaper (Ex. 1, Vol. 6, tab 211) contained thefollowing:Canada Pacific RailwayThe text of the contract entered into between the Government and the Canada Pacific Railway to theCompany has been published ... the Government undertake also to extinguish the Indian title to landsneeded by the Company… the scheme is one of immense magnitude and of utmost importance to the Dominion at large.[Emphasis added.][289] On May 17, 1873, the same newspaper (Ex. 1, Vol. 6, tab 214) contained the following:North West route