Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 83Superior treaty, and that of the treaty made by Mr. Commissioner Simpson at Manitoba Post, andembracing within its bounds the Dawson route, the route of the Canada Pacific Railway, and an extensivelumber and mineral region. It is fortunate, too, that the arrangement has been effected, as the Indians alongthe Lakes and Rivers were dissatisfied at the use of the waters, which they considered theirs, having beentaken without compensation, so much so indeed that I believe if the Treaty had not been made, theGovernment would been compelled to place a force on the line next year.Before closing this despatch I have much pleasure in bearing testimony to the hearty co-operationand efficient aid the Commissioners received from the Metis who were present at the Angle, and who, withone accord, whether of French or English origin, used the influence which their relationships to the Indiansgave them, to impress them with the necessity of their entering into the treaty.I must also express my obligations to the detachment of troops under the command of CaptainMacdonald, assigned me as an escort, for their soldierly bearing and excellent conduct while at the angle.Their presence was of great value, and had the effect of deterring traders from bringing articles of illicittrade for sale to the Indians, and moreover exercised a moral influence which contributed most materiallyto the success of the negotiations. I have further to add that it was found impossible, owing to the extent ofthe country treated for, and the want of knowledge of the circumstances of each band, to define the reservesto be granted to the Indians. It was, therefore, agreed that the Reserves should be hereafter selected byofficers of the Government, who should confer with the several bands, and pay due respect to lands actuallycultivated by them.A provision also was introduced to the effect that any of the Reserves, or any interest in them,might hereafter be sold for the benefit of the Indians by the Government with their consent.I would suggest that instructions should be given to Mr. Dawson to select the Reserves with allconvenient speed, & to prevent complication[s], I would further suggest that no patents should be issued, orlicenses granted, for mineral or timber lands, or other lands, until the question of the reserves has been firstadjusted.I have the honour to be,Sir,Your obedient Servant,Alexander Morris[Underlining added. Bolding added where indicated. Most bolding and all italics in original.][369] The Manitoba Free Press article described October 3, the last day of the Treatynegotiations, as follows:Friday…Those terms are expressed in the treaty, a copy of which is herewith given. The Indians then retiredfor a final Council to determine yea or nay, but the success of the commission was greatly aided bythe timely announcement of a chief of the English River that whatever the determination of the othersmight be, he had resolved upon accepting the terms of the white chief. … At a subsequent meeting onthe same day the leading spokesman enumerated a number of points on which they desired emphaticthat information, and these were answered seriatim. We apologized for occupying so much time, butwisely observed that it was better to spare a little time now than to run the risk of misunderstandingand complaints hereafter. If any one has possessed this amount of wisdom at the first treaties what aworld of trouble and discontent would have been avoided.[Underlining added.][370] Nolin's Notes for October 3, 1873 read as follows:The following are the terms of the Treaty held at Northwest Angle the Third day of October,Eighteen Hundred, and Seventy Three, viz:1. The Government will give when Indians will be settled, Two Hoes, one Plough for every tenfamilies, Five Harrows for every twenty families, one yoke of Oxen, one Bull and four Cows forevery band, one scythe and one axe for every family and enough of wheat, Barley and oats, for theland broken up this is to encourage them at the beginning of their la[ ]bour once for all.2011 ONSC 4801 (CanLII)