Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 584. Indian Reporter.[316] During the Treaty negotiations a Chief told the Commissioners, "You must rememberthat our hearts and our brains are like paper; we never forget." Although the memory recordapparently taken by an anonymous Indian Reporter has not survived, Lovisek opined it waslikely transmitted orally to other Ojibway and may have been reflected in surviving writtencomplaints that are included in the historical record.5. The Treaty/Morris Document[317] The formal, English language Treaty text, signed by the parties on October 3, 1873, thedocument the Commissioners would have understood to be "the Treaty;" was attached to Morris'October 14, 1873 Official Report and approved by Privy Council Order on October 31, 1873. Itis reproduced (with a transcription) in Ex. 1, Vol. 7, tab 276. A type-set copy appears in Ex. 9,Morris' text, at pages 320-32.2011 ONSC 4801 (CanLII)[318] Lovisek's report (Ex. 28) contains the following at pp. 105-106:The Morris Document was in part a "fill in the blank" treaty….…It is likely that the Morris Document, which was completed "in an hour", included the actual draftingof selected additional text to an already prepared template.[Footnotes omitted][319] I note that in the handwritten document, the reference to the Dominion in the HarvestingClause is underlined.6. Morris' Official Report[320] Morris' Official Report to Ottawa of the Treaty negotiations (Ex. 1, Vol. 7, tab 284) isdated October 14, 1873. To it he attached the Nolin Notes and the Treaty.[321] Lovisek's report (Ex. 28) contains the following at p. 107:On October 14, 1873, Commissioner Morris prepared an official report of the Treaty 3 negotiations.He also attached documents which he considered important and as part of the treaty of record. Theofficial report was prepared for publication in the Annual Report of the Department of the Interior forthe Year Ended 30th June 1874.[Footnotes omitted]7. The Manitoba Free Press Account, October 18, 1873[322] An account of the negotiations published in The Manitoba Free Press, Ex. 67/67A, cameto light part-way through the trial.8. Exhibit 31 Handwritten Proposed Articles of Treaty[323] Exhibit 31, archived with Morris' papers, appears to be notes made by former TreatyCommissioner W. Simpson.