Keewatin v. Minister of Natural Resources

Part 6. Lead-Up to the 1873 Negotiations 55said Dominion of Canada, and upon which all questions of general policy in Indian affairs as regardsthe said province and territory should be settled [Emphasis added.]And we do hereby authorize and empower you …for us and our successors, and in our name fromtime to time to negotiate, make and conclude with the several bands or tribes of Indians the necessaryTreaties for the cession to us, our heirs and successors, of all and every their respective rights, titlesand claims to and in the said lands and every of them.Provided always, and it is our Royal will and pleasure that the powers and authority, by these ourRoyal Letters Patent given to and conferred upon you … with and by the assent and approval of ourGovernor-General of Canada and not otherwise howsoever.[Emphasis added.][298] Alexander Campbell ("Campbell"), the Minister of the Interior, who had recently becomeSuperintendent of Indian Affairs, had begun to take a hand in the negotiations. Bearing in mindDawson's recommendations, and concerned that they might fail if the Commissioners werehamstrung by the earlier Order in Council endorsing Spragge's recommendations of June 5,1873, he wrote a letter to his ex-Parliamentary colleague, Morris, on July 31, 1873 that includedthe following:…I would recommend a military escort being sent and I have no doubt it will be done ...Dawson has recommended that the sum to be given to the Indians as an actual gift be augmentedfrom $5-$14 a head, and that the Commissioners have discretionary power to go as high as $10 perannum per head by way of annuity, instead of five dollars as at present, and I am going to bring thesetwo points before Council this afternoon.[Emphasis added.][299] On August 6 1873, Canada passed an Order in Council (Ex. 4, p. 220) reflectingCampbell's recommendations as follows:… the Minister of the Interior believes that it will be necessary to give larger sums to the Saulteauxtribe than those mentioned in the Order in Council above referred to and he recommends …discretionto augment the immediate present to the Indian to … not [exceed] $15 a head of the population, andthat in regard to the annual payments to be subsequently made, the Commissioners … discretionarypower, with a limit of seven dollars per head of the population.The minister … believes from the information before him, that a treaty cannot be negotiated ...without the discretionary powers as above recommended being given to the Commissioners …[Emphasis added.][300] Campbell wrote Ex. 4, p. 219 to Morris as follows:The Order-in-Council, you will observe, gives the Commissioners discretionary power to go as highas $15 per head as a cash payment, and as high as $7 per head as an annuity to each Indian. While,however, it has been thought desirable (with a view to prevent the possible failure of the negotiations)to give the Commissioners such large discretionary powers, the Government rely that every effortwill be made … to secure a Treaty on more favourable terms …[301] By letter dated August 9, 1873 (Ex. 4, p. 221), Campbell requested the acting Minister ofMilitia and Defense to arrange for troops to attend the Treaty negotiations:... not because of any danger to be apprehended from the Indians, but because of the effect which isproduced upon them by the presence of the surroundings, which in their minds should accompany therepresentatives of the Sovereign who are sent to deal with them.2011 ONSC 4801 (CanLII)