Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 82Band actually farming or commencing to farm, and to increase the money payment by [$2] [two dollars]per head if it should be found necessary in order to secure a treaty, maintaining the permanent [annuity][annuities] at the sum fixed. The Indians, on the other hand, had determined on asking [$15] [fifteendollars] with some other demands. In fixing the [$10] [ten dollars] the Commissioners had done so as asum likely to be accepted in view of [$3] [three dollars] per head having been paid the Indians the firstyear that the Dawson route was used, and that they had received nothing since.In reply to the Indians, I told them I was glad that they had reconsidered their decision, and that asthey had done so, being desirous of inducing them to practice agriculture and to have the means of gettingfood if their fishing and hunting failed, we would give them certain implements, cattle and grain, once forall, and the extra [$2] [two dollars] per head of a money payment. This proposal was received favorably,but the spokesmen again came forward and said that they had some questions to ask before accepting myproposal [bolding added]. They wanted suits of clothing every year for all the Bands, and [$50] [fiftydollars] for every chief annually. This I declined, but told them that there were some presents of clothingand food which would be given them this year at the close of [the] treaty. They then asked free passesforever over the Canada Pacific Railway which I refused. They then asked that no "firewater" should besold on their reserves, and I promised that a regulation to this effect should be introduced into the treaty.They then asked that they should not be sent to war, and I told them the Queen was not in the habit ofemploying the Indians in warfare. They asked that they should have power to put turbulent men off theirreserves, and I told them the law would be enforced against such men. They asked what Reserves would begiven them, and were informed by Mr. Provencher that reserves of farming and other lands would be giventhem as previously stated, and that any land actually in cultivation by them would be respected. They askedif the mines would be theirs. I said if they were found on their Reserves it would be to their benefit, but nototherwise. They asked if an Indian found a mine would he be paid for it. I told them he could sell hisinformation if he could find a purchaser, like any other person. They explained that some of their childrenhad married in the States, and they wished them to return and live among them, and wanted them includedin the Treaty. I told them the Treaty was not for American Indians, but any bona fide British Indians of theclass they mentioned who should within two years be found resident on British soil would be recognized.… They asked that Mr. Charles Nolin should be employed as an Indian agent and I stated that Iwould submit his name to the Government with favourable mention of his services on that occasion. Theyasked that the Chiefs and headmen as in other Treaties should get an official suit of clothing, a flag, and amedal, which I promised. Mawedopenais produced one of the medals given to the Red River chiefs, said itwas not silver and they were ashamed to wear it, as it turned black, and then with an air of great contempt,struck it with his knife. I stated that I would mention what he had said and the manner in which he hadspoken. They also stated the Hudson Bay Company had staked out ground at Fort Frances, on part of theland they claimed to have used and to be entitled to, and I promised that enquiry would be made into thematter. They apologized for the number of questions put me which occupied a space of some hours, andthen the principal spokesman, Mawedopenais, came forward and drew off his gloves and spoke as follows."Now, you see me stand before you all. What has been done here to-day, has been done openly before theGreat Spirit and before the nation, and I hope that I may never hear anyone say that this Treaty has beendone secretly. And now, in closing this Council, I take off my glove and in giving you my hand, I deliverover my birthright and lands, and in taking your hand I hold fast all the promises you have made, and Ihope they will last as long as the sun goes round, and the water flows, as you have said." To which I repliedas follows: "I accept your hand, and with it the Lands, and will keep all my promises, in the firm belief thatthe Treaty now to be signed will bind the Red man and the white man together as friends forever."The conference then adjourned for an hour to enable the text of the treaty to be completed inaccordance with the understanding arrived at. At the expiration of that period the conference was resumed,and after the reading of the Treaty, and an explanation of it in Indian by the Hon. James McKay, it wassigned by the Commissioners and by the several chiefs, the first signature being that of a very agedhereditary chief. … The negotiation was a very difficult and trying one, and required, on the part of thecommissioners, great patience and firmness. On the whole, I am of opinion that the issue is a happy one.With the exception of two bands in the Shebandowan District ,whose adhesion was secured in advance, andthe signature[s] of whose chiefs Mr. Dawson left to secure, the Indian title has been extinguished over thevast tract of country comprising 55,000 square miles lying between the upper boundary of the Lake2011 ONSC 4801 (CanLII)