Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 59[324] Lovisek's report, Ex. 28, contains the following at pp. 103-4:The Proposed Articles of Treaty is a document which appears to be in the handwriting of formerTreaty Commissioner W. Simpson and which had likely been prepared prior to the 1871 Treaty 1 and2 negotiations. A copy of the Proposed Articles of Treaty is retained in Morris' papers. Although theProposed Articles of Treaty is dated October 3, 1873, the handwriting of the date is different from thehandwriting of the document and was likely added at a later time to the document. October 3, 1873corresponds to the last day of Treaty 3 negotiations.The Proposed Articles of Treaty contains various articles and a list of descriptions written incolloquial language divided into several sections and subjects. … The articles included thestatements:No provincial legislature will have the right to change the treaty.[Footnotes omitted]10. Draft Treaty [Exhibit 32][325] In 1873, Morris appears to have reviewed and then edited a draft treaty that included ametes and bounds description of the Treaty 3 territory, various suggested treaty provisions andspaces for insertion of further provisions including descriptions of the lands to be allotted asreserves. The dates and the names of the signatories were left blank.2011 ONSC 4801 (CanLII)Arrival of the Treaty Parties at the NorthWest Angle – late September 1873[326] It was unusual for treaty negotiations to be held so late in the annual Ojibway seasonalround. The 1871 and 1872 negotiations had been held at Fort Frances during the summer fishingseason, where and when food was abundant. The 1873 negotiations were being held at a placeand time in the seasonal cycle that were more difficult for the Ojibway.[327] Chartrand gave evidence that when the Commissioners, along with a contingent oftroops, arrived at the North West Angle toward the end of September 1873, the Ojibway werenot yet fully assembled.[328] The Manitoba Free Press report Ex. 67/67A contains the following:This is the third time the government [has] [sent] … Indian commissioners to negotiate a treaty withthe tribes eastward of Manitoba. In 1871, a meeting took place at Fort Frances, when the Indianhaving been fed and provided with six dollars each, departed. In 1872 another meeting took place atFort Frances, when much satisfaction was expressed at the Commissioners coming, but the Indians,having eaten everything there was to, declined to make any treaty and went off after coming as nearas their natures would allow them to an open fight. After considerable difficulty and with muchcoaxing, these same people agreed to meet the Lieutenant-Governor and the Commissioners at theNorthwest Angle, and everything that could be done to bring the matter to a conclusion has beendone by the authorities. Ample provisions were sent out, presents were sent out from Canada, troopswere sent out from Fort Garry to add the pomp of military display, tents were provided for thoseIndians who were without them, and yet up to the present time it has been found impossible topersuade the Indians even to meet the Lieutenant Governor at a Council. [Emphasis added.]…[329] The Manitoban newspaper account, as later annotated by Morris in Ex. 9, his 1870 book,with his additions and substitutions in bold and his deletions in italics, contains the following: