Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 73"Can-ta-go-wa-[?]iny" saidYou see all our Chiefs before you. We are all of one mind about our demands. If you grant ourdemands you will not go back sorrowful. We would not refuse to make a treaty if you would grantthem.Gov. Morris saidI have no power to grant your demands, act as you please."Can-ta-go-wa-[?]iny" saidOur chiefs have the same opinion.Gov. MorrisThen the Council is at an end.…Meeting then adjourned.[Underlining added.][351] Morris' Official Report dated October 14, 1873 contained the following concerning theOctober 2 proceedings:On the [1 st ] [2 nd ] October the chiefs again assembled and made a counter proposition, of which I enclose acopy, being the demand they have urged since 1869.[Bolding added.] I also enclose an estimate I hadmade of the money value of the demands amounting to $125,000 per annum. On behalf of theCommissioners I at once peremptorily refused the demand. The spokesmen returned to the chiefs who werearranged on benches, the people sitting on the ground behind them, and on their return they informed methat the chiefs, warriors and braves were of one mind, that they would make a treaty only if we acceded totheir demand[s]. I told them if so the conference was over, that I would return and report that they hadrefused to make a reasonable treaty, that hereafter I would treat with those bands who were willing to treat,but that I would advise them to return to the Council and reconsider their determination before nextmorning, when, if not, I should certainly leave. This brought matters to a crisis. The chief of the Lac Seulband came forward to speak. The others tried to prevent him, but he was secured a hearing. He stated thathe represented four hundred people in the north; that they wished a treaty; that they wished a schoolmasterto be sent them to teach their children the knowledge of the white man; that they had begun to cultivate thesoil and were growing potatoes and Indian corn, but wished other grain for seed and some agriculturalimplements and cattle. This Chief spoke under evident apprehension as to the course he was taking inresisting the other Indians, and displayed much good sense and moral courage. He was followed by theChief "Blackstone", who urged the other Chiefs to return to [the] Council and consider my proposals,stating that he was ready to treat, though he did not agree to my proposals or to those made to me. I thentold them that I had known all along they were not united as they had said; that they ought not to allow afew chiefs to prevent a treaty, and that I wished to treat with them as a nation and not with separate bandsas they would otherwise compel me to do, and therefore urged them to return to their council promising toremain another day to give them time for consideration.[Underlining added. Bolding added where indicated. Most bolding and all italics in original.][352] Lovisek's report (Ex. 28) contains the following at pp 88-89:Treaty negotiations resumed the next day, October 2, 1873. It was now the Saulteaux's turn to presenttheir terms for a treaty. The principal spokesperson, Chief Mawedopenais, countered Morris' offer bypresenting him with a list of demands which had been prepared January 22, 1869 (and which hadevidently surfaced at the previous treaty negotiations). The 1869 List of Demands included amongstother things, reference to items which indicate the importance the Saulteaux attached to hunting andfishing. Items 7, 8 and 13 of the 1869 List of Demands requested:2011 ONSC 4801 (CanLII)7th.That every chief gets a double barrelled gun every four years, and every man gets onesingle barrel gun during the same period