Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 621871 they had received six dollars per head of population in liquidation of all past demands, theyyesterday stated that they required payment for two steamboats built at Fort Frances, besides othermatters connected with the road. The Governor however declined to separate the two questions, andbriefly informed them of the terms which he was commissioned to offer and after some unimportantremarks the council broke up until tomorrow morning. These terms were - to each man, woman, andchild the gratuity this year of $10. For subsequent years five dollars a head. Each chief to receiveinstead of the above $25 a year, and each head man [counselor] $15. The reservations to compriseone square mile for each family of five.[336] I note that this record makes no mention of a statement by Morris that the Ojibway couldhunt and fish on the lands until they were wanted.[337] Morris' October 14, 1873 Official Report contains the following:On the [1 st ] they again assembled, when I again explained the object of the meeting through [Mr.]McPherson, an intelligent half breed trader whose services I secured. M. Chatelan, the Governmentinterpreter, was also present. They had selected three spokesmen and had also an Indian reporterwhose duty was to commit to memory all that was said. They had also secured the services of M.Joseph Nolin, of Pointe du Chene to take notes in French of the negotiations, a copy of which notes Iobtained from him and herewith enclose. The spokesmen informed me they would not treat as to theland until we settled with them as to the Dawson Route, with regard to which they alleged Mr.Dawson had made promises which had not been kept, and that they had not been paid for the woodused in building the steamers, nor for the use of the route itself. Mr. Dawson explained that he hadpaid them for cutting wood, but had always asserted a common right to the use of wood and the waterway. He asked them what promise had not been kept, and pointed out that the Government had twicebefore endeavored to treat with them for a settlement of all matters. He referred them to me as to thegeneral question of the use of the route. They were unable to name any promises which had not beenkept. Thereupon I told them I came on behalf of the Queen and the Government of the Dominionof Canada to treat with them with regard to the lands and all other matters, but that they refused tohear what I had to say; [they] had closed my mouth and, as we would not treat except for thesettlement of all matters past and future I could not speak unless they asked me to do so. Theyconferred among themselves and seeing that we were quite firm, the spokesmen came forward andsaid that they would not close my mouth, after which they would make their demands. TheCommissioners had had a conference and agreed, as they found there was no hope of a treaty for aless sum to offer [$5] [five dollars] per head, a present of [$10] [ten dollars], and reserves offarming and other lands not exceeding one square mile per family of [5] [five], or in that proportion,sums within the limits of our instructions, though I had private advices if possible not to give themaximum sum named, as the Government had been under a misapprehension as to amounts given tothe Bands in the United States. The Chiefs heard my proposal and the meeting adjourned until nextday. [Underlining added.][338] Chartrand gave evidence that none of the Dawson Notes, the Manitoban newspaper or theManitoba Free Press corroborate a reference by Morris to the Government of the Dominion ofCanada (although I note that Dawson's notes refer to the Queen's Government.)2011 ONSC 4801 (CanLII)[339] The October 14 Official Report makes no mention of a statement by Morris that theOjibway could hunt and fish on the lands until they were wanted.[340] The Manitoban newspaper contains the following with respect to the negotiations ofOctober 1, 1873:North-West Angle, Oct[ober] 1, 1873.