Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 748th. That every chief gets 100 Ibs of powder, three hundred lbs of shot, flints and caps,according to the quantity of munitions every year -13th. That every married women gets fishing twine and cord line to make four nets everyyear -The 1869 List of Demands also stipulated that these and the other items would last: "forever, that is tosay during all the time that an Indian will be alive in this part of the country." The List identified whatthe Saulteaux would accept from a treaty. The terms had not changed since 1869. The 1869 List ofDemands makes no mention what if anything the Saulteaux were prepared to "give up" in returnfor the requested items.… [Underlining added.][353] The Ojibway, asserting that they owned the Treaty 3 territory, presented their demands,emphasizing that the proposal they were making had been developed by their Council andrepresented the will of all the Ojibway. They emphasized that the 1869 Demands /the "rules"they had laid down four years earlier had been developed in "a Council … agreed upon by all theIndians."2011 ONSC 4801 (CanLII)[354] On October 2, the Ojibway challenged Morris' authority:What we have heard yesterday, and as you represented yourself,you said the Queen sent you here, theway we understood you as a representative of the Queen. We have understood you yesterday that herMajesty has given you the same power and authority as she has, to act in this business; you said theQueen gave you her goodness, her charitableness in your hands ...[355] Lovisek, Von Gernet and Chartrand all agreed that when the Ojibway referred to HerMajesty having given Morris her power and authority, they were attempting to put Morris in aposition where he could not reasonably refuse their demands.[356] On cross examination on January 26, 2010, Chartrand referred to Chief Mawedopenais'challenge to Morris' authority/his relationship with the Queen, as they were advancing a moreaggressive demand. They were asserting that if Morris had the Queen's power, he could meettheir demands.[357] It was in this context that Morris said, "You must recollect that if you are a Council, thereis another great Council that governs a Great Dominion and they hold their Councils the same asyou hold yours."[358] The experts disagreed about what the Ojibway understood from that statement. Thedetails of that disagreement are detailed and analyzed later in these Reasons in the sections onthe Identity of the Treaty Parties and Mutual Intention.[359] On October 2, the Ojibway continued to press their 1869 Demands.[360] As noted earlier, there was disagreement among the experts as to whether the 1869Demands had been presented to representatives of Canada before 1873 and whether they were inconnection with a surrender of right of way and land in the vicinity of the right of way, or withall of the Treaty 3 lands. The disagreements among the experts are summarized and analyzedlater in these Reasons in the section on the 1869 Demands.