Keewatin v. Minister of Natural Resources

Part 6. Lead-Up to the 1873 Negotiations 56[302] On August 26, 1873, Dawson, apparently realizing he had not been re-appointed a TreatyCommissioner, wrote Ex. 4, p. 224 to Campbell:… they have for some years past observed the whitemen in unaccustomed numbers pursuing theiravocations quietly and unobtrusively, and if they are now disposed to enter into a treaty with theGovernment, as I believe them to be, I can safely say that it is in no small measure due to the fact thatfrom observing the proceedings of the people on the Works they have begun to look with favour onthe altered position in which they are being placed by the opening up of their country…[Emphasis added.][303] Over August, difficulties developed in respect of Lindsay Russell's appointment as TreatyCommissioner. On September 3, Campbell appointed Dawson to replace Russell (although not asa member of the Management Board of Commissioners appointed June 16, 1873.)[304] Campbell specifically instructed Morris that Dawson was "not to negotiate the treaty atthe North West Angle. You are, with the other Indian commissioners."2011 ONSC 4801 (CanLII)[305] In his capacity as Lieutenant Governor of Manitoba and the Northwest Territories, Morrishad had a busy summer. He had not been ready to start the negotiations earlier.[306] Lovisek's report (Ex. 28) contains the following at page 81:Lieutenant-Governor Morris was not ready to enter Treaty 3 negotiations just then, for he was dealingwith the aftermath of violent outbreaks which had lead to a massacre of the Assiniboine by Americanwhiskey traders at Cypress Hills in June 1873. As a result of the violence, settlers, who were afraidthat the Dakota (Sioux) might attack Fort Garry, urged Morris to remove the Dakota (Sioux) toreserves. Since Morris had received permission to negotiate a treaty with the Dakota in the spring of1873, he dispatched a former HBC employee, Pascal Breland to speak with the Dakota. The urgencyof settling Indians on reserves was further compounded by increasing tensions between the Dakota,Métis and other native groups like the Saulteaux and Cree. Violence had escalated by July 1873. Ifthis wasn't enough, Morris also had to deal with the arrest of Louis Riel for "inspiring insurrection."Under the weight of these political considerations, Lieutenant-Governor Morris insisted that troopsaccompany the Commissioners to the Treaty 3 negotiations. This reason for a military presence atTreaty 3 negotiations, differs from that originally proposed by Campbell based on informationreceived from Dawson, which was that the troops would add the necessary ceremony and decorum todemonstrate to the Saulteaux that the Dominion Government took treaty negotiating seriously.Morris, however, was unable to obtain as many troops as he wanted because the military was neededfor disturbances elsewhere. Walmark has interpreted Morris' perception of treaty negotiations in viewof what Morris faced in Manitoba at the time:Morris knew he would have to settle the Treaty Three negotiations quickly; he did not havethe luxury of time to deal with the Saulteaux. The growing fear in Fort Garry that Riel wouldbe elected only intensified the need to conclude the Treaty Three negotiations. TheLieutenant-Governor was under intense pressure as he travelled to the Lake of the Woodsdetermined to sign an agreement with the Saulteaux….[Emphasis added; footnotes omitted.][307] The previous negotiations in 1870, 1871 and 1872 had all been at Fort Frances. The 1873negotiations were to take place at the North West Angle; Pither was asked to arrange for theOjibway to assemble there by September 10 . After the Ojibway objected to the new location,Morris directed them that negotiations would commence there on September 25, 1873. Hecontinued to insist that troops be present.