Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 577. THE 1873 NEGOTIATIONSThe Documents[308] The extant documents relating to the 1873 negotiations are voluminous. They include thefollowing:1. The Shorthand Reporter's Account/The Manitoban Newspaper Account[309] According to Morris, the Shorthand Reporter's Account (Ex. 1, Vol. 7, tab 282) wasprepared by an anonymous soldier who accompanied him to the North West Angle for the Treatynegotiations. It was published in The Manitoban newspaper in several editions in October 1873.The reporter's original notes are no longer extant.[310] Morris later copied the Manitoban account (beginning at p. 52) in Ex. 9, his 1880 book,Treaties of Canada with the Indians. He added the following preamble:Attention is called to the ensuing report of the proceedings connected with the treaty, extracted fromthe Manitoban newspaper of the [11 th and] 18 th October, 1873, published at Winnipeg. The reports ofthe speeches therein contained were prepared by a short-hand reporter and present an accurate viewof the course of the discussions, and a vivid representation of the habits of Indian thought.[311] In these Reasons, the additions and substitutions that Morris made are bolded; hisdeletions are shown in italics.2011 ONSC 4801 (CanLII)[312] There was disagreement in the evidence about the objectivity of the Manitoban, theDefendants contesting the Plaintiffs' suggestion that it was an "organ" of the Manitobagovernment.[313] In his report, Ex. 60, Chartrand noted that there has been speculation, for example, thatMorris and the author of the Manitoban article colluded to ensure consistency between thepublished account and Morris' Official October 14, 1873 Report.2. The Nolin Notes[314] The Nolin Notes (Ex. 1, Vol. 6, tab 275) in English, were taken by Joseph Nolin, a Métisemployed by the Ojibway Chiefs. After editing them, Morris attached a copy to his OfficialReport of October 14, 1873 without comment.3. The Dawson Notes[315] Commissioner Dawson took longhand notes [Ex. 1, Vol. 6, tab 268] during thenegotiations. His lengthy association with the Ojibway enabled him to identify many of theOjibway speakers whom the Shorthand Reporter had not.