Keewatin v. Minister of Natural Resources

Part 6. Lead-Up to the 1873 Negotiations 54They have refused an annuity of $3 a head as inadequate, although a gratuity of correspondingamount was tendered with it, and they argue that the discoveries of precious metals within theterritories which they claim as hunting grounds entitle them to more generous treatment.… from the best information which can be obtained, it is to be assumed that it would be wasting timeto repeat the same offers. It is accordingly proposed that if found absolutely necessary, the annuityper head be made $5, to be continued at that rate for a period of 15 years, and then to be reduced to$3 per head, and as a gratuity on concluding a Treaty is invariably expected, that it be made on thisoccasion $4. … It will, of course, be necessary to consent to such Reserves of moderate extent, and inthe same ratio as provided for in the Treaties alluded [Treaties 1 and 2], being set apart …[295] On June 2, 1873, Dawson recommended (Ex. 4, p. 210) comparatively more generousterms:In order to effect a treaty ... it will be necessary that the commissioners should have it in their powerto make ... more liberal offers than they were enabled to do last year ...In suggesting that His Honour, the Governor of Manitoba, should meet the commissioners andIndians at the Northwest Angle ... with the company of ... troops now stationed at Fort Garry, I wouldsay in explanation, that the ... Indians having ... had but little intercourse with the white man, are stillbut savages and like all Indian tribes in a primitive condition, much impressed by ceremony anddisplay. They feel and know that the treaty is a matter of the greatest importance to them and whenthey see the commissioners coming unattended as they have so far done, to treat with them andobserve the utmost parsimony, manifested, even in dealing them out a few day's rations, as hashitherto been the case, they are led to the belief that the Government of Canada attaches but littleimportance to negotiations which are to them of the gravest moment ... [Emphasis added.]2011 ONSC 4801 (CanLII)He also recommended that the Commissioners be empowered to offer a present equal to $14 perperson [vs. $4 per person] plus annual payments up to Ten Dollars [$10] per person [vs. $5 perperson for 15 years then $3 per person.][296] Apparently without having reviewed Dawson's recommendations, Spragge'srecommendations in a memorandum [Ex. 1, Vol. 6, tab 219] to the Minister of Public Worksdated June 5, 1873, were adopted by Order in Council dated June 16, 1873.[297] On the same day, June 16, 1873, an Order in Council (Ex. 4, pp. 213-214) was passed (towhich Chartrand referred as the authority for the 1873 Treaty 3 Commissioners), whichcontained the following:Whereas we have thought it expedient for the due management of Indian Affairs in the Province ofManitoba and in our North-West Territories respectively in our said Dominion of Canada that aBoard of Commissioners should be appointed for suggesting, reporting on and arranging the generalprinciples and bases upon which all the negotiations and Treaties (whether for the cession to us oflands or otherwise), between us and the several Indian bands or tribes in the said Province ofManitoba and the North-West Territories of our said Dominion of Canada, and upon which allquestions of general policy in Indian Affairs as regards the said Province and territory should besettled.Now therefore know ye that ... the said the Hon. Alexander Morris, Lindsay Russell and JosephAlbert Norbert Provencher, have thought fit to ... appoint you ... to be our commissioners forsuggesting, reporting on and arranging the several principles and bases upon which all thenegotiations and treaties (whether for the cession to us of lands or otherwise) between us and theseveral Indian bands or tribes in the said province of Manitoba and the Northwest Territories of our