Keewatin v. Minister of Natural Resources

Part 7. The 1873 Negotiations 88[385] They then adjourned for an hour so that Morris could complete the text of the formalTreaty. Morris' October 14 report contains the following:At the expiration of that period, the conference was resumed, and after the reading of the treaty andan explanation of it in Indian by the Honourable James McKay, it was signed by the commissionersand by the several chiefs…[386] The experts disagreed as to how McKay explained the Treaty in Ojibwe to the Indians.Later in these Reasons, I summarize and analyze that evidence later in these Reasons.[387] After McKay's explanation, the Treaty was signed.[388] The Treaty was approved by a federal Order in Council on October 31, 1873.8. ANALYSIS OF THE HISTORICAL EVIDENCE AS IT RELATES TO THE INTERESTS OFTHE PARTIES2011 ONSC 4801 (CanLII)The Interests of Canada[389] As noted earlier, there was much documentary and viva voce evidence before this Courtrelevant to Canada's interests in completing the 1873 Treaty. I have already reviewed much ofthe relevant historical evidence.[390] Here I shall first review the specific evidence as to the background and knowledge ofeach of the Treaty Commissioners.What Morris Knew[391] By 1873, Alexander Morris, the lead treaty negotiator in 1873, was already an importantfigure in Canadian history.[392] At the time of the negotiations, Morris was the Lieutenant-Governor of Manitoba and theNorthwest Territories, and a member of the Indian Affairs Management Board that also includeda Commissioner of Crown Lands and a representative of Indian Affairs. As a member of thatBoard, he knew by its make-up it contemplated communication and cooperation among variousfederal departments, including Indian Affairs and Crown lands (Ex. 4, p. 213.)[393] Counsel for the Plaintiffs submitted that because of his background in political and publicaffairs and his interest in history, the historical evidence already covered in these Reasons wouldhave been known to Morris.[394] In the lead-up to the 1873 negotiations and as they progressed, Morris was aware of thechallenges of developing the Canadian nation, including linking the East to the Prairies andBritish Columbia.[395] Vipond gave evidence (February 23, 2010 at p. 11) that Morris was a "publicintellectual," a keen student of Canadian history, especially Canadian Imperial history, whowrote grandly and thought big thoughts. His world-view was of "a heroic British empire."