Keewatin v. Minister of Natural Resources

Part 8. Analysis of Historical Evidence as it Relates to the Parties' Interests 89[396] Morris was "a trained Constitutional lawyer" (Nova Brittania, Ex. 130 at p. 147.) Hestudied law at McGill University, then in 1848 articled with John A. Macdonald. In 1849 hejoined the British American League comprised for the most part of young and enthusiasticmembers of the Conservative Party, rallying around the Macdonald banner. Morris was closelyconnected to Macdonald and the federal Conservatives.[397] Pre-Confederation, he played a significant role in developing support for westernexpansion, annexation of the HBC Territories and settlement of the West.[398] Nova Brittania (Ex. 130), a collection of Morris' essays and speeches in book form,provides information about Morris' life and philosophy.[399] Confederation was a dream of Morris' boyhood. At an age when most boys were skatingor on the cricket field, he "loved to bury himself in the pages of Lord Durham's Report." As earlyas 1858, in speeches reproduced in Ex. 130, Morris advocated for Confederation and the creationof a British North American country spanning from Atlantic to Pacific, with a centralgovernment strong enough to resist absorption by the United States.2011 ONSC 4801 (CanLII)[400] In an 1858 lecture entitled the "Hudson's Bay and Pacific Territories," he outlined hisviews that the HBC was standing in the way of progress, settlement and development to thedetriment of the Canadian people. Consistent with the colonial position at the time, but contraryto the position advanced by Canada after Confederation, he advanced arguments as to why theboundary of what is now Ontario should be determined to be as far west as the SaskatchewanRiver (i.e., he was contending in effect in 1858 that the HBC Territories did not include/thatOntario already included a huge portion of the territory purportedly added to Canada as of July15, 1870. Morris' 1858 speech is one of the earliest documented arguments favouring theposition that Ontario at Confederation already included the Disputed Territory.)[401] In a speech in Parliament on the acquisition of the Northwest Territories, reproduced inNova Brittania (Ex. 130 at p. 141), Morris said that he thought the HBC Territories should behanded over to the Dominion subject to a reservation of the rights of the Indians.[402] He knew Canada had promised Britain as follows:[U]pon the transference of the territories in question to the Canadian Government, the claims of theIndian tribes to compensation for lands required for purposes of settlement will be considered andsettled in conformity with the equitable principles which have uniformly governed the British Crownin its dealings with the aborigines.[Emphasis added.][403] Morris was cognizant of the competing theories on the best structure for a Canadian"federalism." Like Macdonald, he advocated a strong central government having jurisdiction tooverride and overrule the provinces. Vipond opined (February 24, 2010 at p. 28) that Morris'centralist views "out-Macdonalded" Macdonald's.[404] In 1862, Morris was elected to the Parliament of the United Canadas. He realized hisboyhood dream by playing an important role in bringing about Confederation, having reportedly