Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 87always given at a meeting." Nolin: "You will get Rations during the time of thepayment every year."[380] The only significant discrepancy among the various records relates to item (m), the entryrecorded in the Nolin Notes as, "the Indians will be free as by the past for their hunting and riceharvest." This reference does not appear in that form in any of the other notes of the October 3discussions.[381] Later in these Reasons I analyze the differing evidence about the significance orinsignificance of item (m). The experts disagreed about whether Nolin was recording Morris'comment on October 1 that "it may be a long time before the other lands are wanted and in themeantime you will be permitted to hunt and fish over them," or whether he was recording newand more extensive promises made on October 3.[382] After the discussion of specific terms, closing speeches were made. Morris reported themas follows:Chief Mawedopenais:You have come before us with a smiling face. You have shown us great charity-you havepromised the good things; you have given us your best compliments and wishes, not only for oncebut forever; let there now for ever be peace and friendship between us. [Bolding added.] …Now you see me stand before you all; what has been done here to-day has been done openlybefore the Great Spirit, and before the nation, and I hope that I may never hear anyone say that thistreaty has been done secretly; and now in closing this Council, I take off my glove, and in giving youmy hand, I deliver over my birthright and lands, and in taking your hand, I hold fast all thepromises you have made, and I hope that they will last as long as the sun goes round and thewater flows, as you have said.2011 ONSC 4801 (CanLII)Morris: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 together as friends forever.Morris, Ex. 9, p. 75[Underlining emphasis added, and bolding where noted.][383] Lovisek's report (Ex. 28) contains the following at p. 94:Despite the Morris Document having already been prepared ahead of the negotiations, Morris omittedto include several provisions that were agreed to by both parties during the final hours ofnegotiations. These provisions included the request by the Saulteaux for exemption from militaryconscription, that minerals found on reserves would be sold for the benefit of the Saulteaux, and theinclusion of Saulteaux who had migrated to the United States but who returned within two years intothe treaty.[Footnotes omitted.][384] During the trial the Free Press version of that speech surfaced, which read as follows:Finally, winding up his speech with a peroration of more than usual ability, he held out his hand tothe Governor, explaining as he did so that in that grasp he surrendered the country which the whiteman deserved, and which the Indians had inherited from their ancestors, into the hands of theGovernment of the Great Mother ...[Underlining added.]