Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 75[361] When the Chiefs continued to press the 1869 Demands on October 2, there was a nearimpasse.[362] However, after Chief Sa-katche-way indicated that he might be open to making a treaty,Morris said:I have heard you and learned something. I know that you are not all of one mind. I know that yourinterests are not the same – that some of you live in the north far away from the river; and some liveon the river, and that you have got large sums of money for wood that you have cut and sold to thesteamboats; but for the men in the north have not this advantage.Morris, Ex. 9, pp. 63-64[363] Blackstone recommended a break in the negotiations for the Ojibway to hold a Council.Morris acceded to that suggestion. He also threatened to treat with any bands who were preparedto enter into a treaty, whether or not others were prepared to do so.[364] When the formal negotiations ended for the day, "it was extremely doubtful whether anagreement could be come to or not." The Rainy River Indians were "careless about the treaty."The Ojibway withdrew to their own Council, which was attended, at least for a portion of thetime, by a number of Métis, including McKay from the Treaty Commissioners' party and Nolin.The council lasted all night. (Lovisek's report, Ex. 28, at pp 91-92.)2011 ONSC 4801 (CanLII)October 3, 1873[365] Morris' Official Report dated October 14, 1873 contains the following:… [N]ext morning, having received a message from M. Charles Nolin, a French half breed, that theywere becoming more amenable to reason, I requested the Hon. James McKay (who went to the Anglethree times to promote this Treaty), Charles Nolin and Pierre Levailler, to go down to the IndianCouncil, and, as men of their own blood, give them friendly advice. They accordingly did so andwere received by the Indians, and in about half an hour afterwards, were followed by Messrs.Provencher and St. John, who also took part in the interview with the Council of Chiefs.[Emphasis added.][366] The Shorthand Reporter's account, published in the Manitoban (Winnipeg) on October18, 1873 includes the following with respect to the proceedings on October 3, 1873, (againshowing Morris' additions/substitutions in bold, his deletions in italics.) Where I have addedbolding I have put a note to that effect:[Indian Treaty Closing Proceedings]When the council broke up last (Thursday) night 3 rd October [sic] [this addition by Morris wasincorrect as Oct. 3, 1873 was a Friday], it looked very improbable that an understanding could be arrivedat, but the firmness of the Governor, and the prospect that he would make a treaty with such of the bands aswere willing to accept his terms, to the exclusion of the others, led them to reconsider their demands. TheHon. James McKay, and Messrs. Nolin, Genton, and Leveilee were invited in to their Council, and after amost exhaustive discussion of the circumstance in which they were placed, it was resolved to accept theGovernor's terms, with some modifications. [Bolding added.] Word was sent to this effect, and at 11[eleven] o'clock on Friday, conference was again held with His Excellency.…Chief – I am going to tell you the decision of all before you. I want to see your power and learnthe most liberal terms that you can give us.