Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 86Indians] returning within two years to benefit under the Treaty. The Nolin Notes readas follows: if there are children that are scattered come inside of two years and settlewith you he will have the same privilege as you have.][h] Morris promised to make a recommendation on the treatment of Half-Breeds tothe "Government at Ottawa."[i] A promise that the Ojibway will not be called to war.[j] An expectation that the Ojibway will live in peace.[k] A request for free passage on the railway. (Denied.)[l] A request that Dawson act as he has in the past in respect of the Dawson Route[i.e., give Indians free passage.] Dawson replied, "I am always happy to do anything Ican for you. I have always given you passage on the boats when I could. I will act as Ihave done, though I can give no positive promise for the future." Dawson wrote, "Iwould be happy to do what I could to help the Indians." Nolin wrote, "Mr. Dawsonsaid he would act as by the past about the Indian passage in his road."[m] A request for an assurance that the Ojibway will be free to travel about thecountry. According to Morris' version of The Manitoban report recorded in Ex. 9 achief asked: "We must have the privilege of traveling about the country where it isvacant." Mr. McKay said, "I told them so."Dawson recorded the question and answer as follows: "Would they have the privilegeof traveling through the country?" [No reference to where it is vacant. Chartrand saidit is "moot" whether "where it is vacant" formed part of the question. January 14,2010 at p. 58.] "Yes, they will." Nolin's note of the exchange reads as follows: "TheIndians will be free as by the past for their hunting and rice harvest."[n] Ojibway entitlement to minerals and mines.[o] A creation of reserves and inclusion of gardens. The Chiefs said they wanted tomark out their own reserves. Provencher replied that when it was convenient for theGovernment to send out surveyors, they would try to accommodate the Indians.Lovisek opined that on October 3, the Ojibway specifically raised an issue importantto them - protection of their existing gardens primarily situated on islands in Lake ofthe Woods and along the fertile area of Rainy River from potential interference byothers.[p] Taking of land for public works.[q] A request for the names of the Commissioners' party in writing.[r] A request that C. Nolin be appointed Indian Agent and Morris' promise to makethat recommendation to the "authorities at Ottawa."[s] A request that Alcohol be banned and Morris' assurance that the Queen and "herParliament at Ottawa" have passed a law to this effect.[t] A request for punishment of officials breaking the Treaty and Morris' promise that"The ear of the Queen's government will always be open to hear the complaints of herIndian people, and she will deal with her servants that do not do their duty in a propermanner."[u] A request for a copy of the Treaty in writing on parchment.[v] A request for provisions with Treaty payments was made. Dawson notes: "Iwould like that provisions be given us when we meet." Gov. Morris: "Provisions are2011 ONSC 4801 (CanLII)