Federal/provincial disputes, natural resources and the Treaty no. 3 Ojibway, 1867-1924.

Abstract

This dissertation argues that the Ontario-Manitoba Boundary Dispute (1870-1889) and its aftermath limited the ability of the Ojibway of northwestern Ontario to maintain and develop their interests in the lands and resources to which they were entitled by the terms of Treaty #3, signed in 1873. In particular, their rights to the mineral and timber resources on their reserves were threatened. Furthermore, once the Boundary Dispute was resolved in favour of Ontario, their reserve lands were found to be in the province, which therefore gained the right to confirm the reserves. Continuing disputes between the province and the Dominion resulting from this retroactive decision delayed this confirmation until 1915. Once the reserves were confirmed, however, the nature of the Indian interest in them prior to 1915 was questioned by the province. In this and other ways, the fiduciary responsibilities of the federal government toward the Ojibway were encroached upon by the province of Ontario. The governments and individuals involved in the lawsuits generated by the Boundary Dispute overlooked the fate of an increasingly marginalized and politically inconsequential group in the pursuit of their own agendas and interests. The courts squeezed the concepts of Aboriginal title to the land and its resources into narrow nineteenth century perceptions that still limit the rights of First Nations peoples. Placing these cases, in particular the "Indian Titles" case, R. v. St. Catharines Milling & Lumber Co., and its 'corollary', Ontario Mining Company v. Seybold et al., into their historical context contributes to understanding the complex problems still faced by the Ojibway of Treaty #3. The dissertation concludes with an exploration of the continuing attempts made by the Ojibway to assert their rights in light of these events.