1 2 3 IPPERWASH PUBLIC INQUIRY 4 5 6 7 ******************** 8 9 10 BEFORE: THE HONOURABLE JUSTICE SIDNEY LINDEN, 11 COMMISSIONER 12 13 14 15 16 Held at: Forest Community Centre 17 Kimball Hall 18 Forest, Ontario 19 20 21 ******************** 22 23 24 July 13th, 2004 25

2
  1                        Appearances
  2  
  3  Derry Millar      )             Commission Counsel
  4  Susan Vella        )
  5  Katherine Hensel  )
  6  Don Worme          )
  7  
  8  Murray Klippenstein )            The Estate of Dudley 
  9  Vilko Zbogar       )            George and George
 10  Andrew Okin        )            Family Group
 11  
 12  Peter Rosenthal  )              Aazhoodena and George
 13  Jackie Esmonde   )   (Np)       Family Group
 14  
 15  Anthony Ross     )              Residents of
 16  Kevin Scullion   )              Aazhoodena
 17                                   (Army Camp)
 18  
 19  William Henderson )              Kettle Point & Stony
 20  Jonathon George  )              Point First Nation
 21  
 22  Kim Twohig       )              Government of Ontario
 23  Walter Myrka     )
 24  Sue Freeborn     )   (Np)
 25

3
  1                   APPEARANCES (cont'd)
  2  
  3  Janet Clermont   )              Municipality of 
  4  David Nash       )   (Np)       Lambton Shores
  5  
  6  Peter Downard    )              The Honourable Michael
  7  Bill Hourigan    )   (Np)       Harris
  8  Jennifer McAleer )
  9  
 10  Nancy Spies      )   (Np)       Robert Runciman
 11  Alice Mrozek     )   (Np)
 12  
 13  Harvey Stosberg  )   (Np)       Charles Narnick
 14  Jacqueline Horvat )
 15  
 16  Douglas Sulman, Q.C. )           Marcel Beaubien
 17  Trevor Hinnegan     ) (Np)
 18  
 19  Mark Sandler       ) (Np)       Ontario Provincial 
 20  Andrea Tuck-Jackson )            Police
 21  
 22  Ian Roland       )              Ontario Provincial 
 23  Karen Jones      )   (Np)       Police Association &
 24                                   K. Deane
 25

4
  1                   APPEARANCES (cont'd)
  2  
  3  Julian Falconer  )              Aboriginal Legal 
  4  Brian Eyolfson   )              Services of Toronto
  5  
  6  Al J.C. O'Marra  )              Office of the Chief
  7                                   Coroner
  8  
  9  William Horton   )              Chiefs of Ontario
 10  Matthew Horner   )
 11  Kathleen Lickers )   (Np)
 12  
 13  Mark Frederick   )              Christopher Hodgson
 14  
 15  David Roebuck    )   (Np)       Debbie Hutton
 16  Anna Perschy     )   (Np)
 17  
 18  
 19  
 20  
 21  
 22  
 23  
 24  
 25

1 TABLE OF CONTENTS 2 PAGE NO. 3 Introduction 8 4 5 DARLENE JOHNSTON, Sworn 6 (VOIR DIRE COMMENCED) 7 Examination-in-chief by Mr. Derry Millar 19 8 (VOIR DIRE CONCLUDED 9 10 Examination-in-Chief by Mr. Derry Millar 42 11 12 Certificate of Transcript 222 13 14 15 16 17 18 19 20 21 22 23 24 25

1 LIST OF EXHIBITS 2 EXHIBIT NO. DESCRIPTION PAGE NO. 3 P-1 The volume expert's brief which 4 contains Ms. Johnson's report 5 entitled 'Connecting People to 6 Place: Great Lakes Aboriginal 7 History in Cultural Context'. 8 At Tab 2 is a hard copy of the 9 PowerPoint presentation and in 10 the official copy it is in colour 11 and at Tab 3 is Ms. Johnson's CV. 47 12 13 P-2 Booklet of selected documents 14 that Professor Darlene 15 Johnston may refer to in the 16 course of her presentation 48 17 18 P-3 Electronic copy of PowerPoint 19 presentation of Professor Darlene 20 Johnston entitled "Connecting 21 People to Place: Aboriginal History 22 in Cultural Context" dated July 23 10, 2004 48 24 25

1 EXHIBITS (cont'd) 2 EXHIBIT NO. DESCRIPTION PAGE NO. 3 P-4 CD entitled "Volume 8: 4 Historical Research documents 5 July 2, 2004" containing 6 documents from Ms. Johnston 7 and Ms. Holmes 49 8 9 P-5 Large map referred to by 10 Professor Johnson 85 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 --- Upon commencing at 10:30 a.m. 2 3 THE REGISTRAR: This Public Inquiry is 4 now in session. The Honourable Mr. Justice Linden 5 presiding. Please be seated. 6 MR. DERRY MILLAR: Morning, Commissioner. 7 COMMISSIONER SIDNEY LINDEN: Good 8 morning. I'm just going to wait a minute or two (2) to 9 give the media a chance to take some pictures and then 10 we're going to start. 11 The media are going to leave after a 12 minute or two. 13 14 (BRIEF PAUSE) 15 16 COMMISSIONER SIDNEY LINDEN: During the 17 Inquiry there won't be any cameras in the Hearing Room. 18 There will be one camera up there. 19 20 (BRIEF PAUSE) 21 22 As I said, there won't be any cameras in 23 the Hearing Room once we begin except for the one (1) 24 stationary camera that will be here all the time. 25 Okay, good morning to everyone. Most of

1 you know my name's Sidney Linden, I'm the Commissioner of 2 the Ipperwash Inquiry. 3 Welcome to what is being referred to as 4 Part I or the evidentiary part of this Inquiry at which 5 witnesses will be called and examined by Commission 6 Counsel and, if necessary, cross-examined by parties who 7 have been granted standing at the Inquiry. 8 This Inquiry was called to inquire into 9 and report on events surrounding the death of Dudley 10 George at Ipperwash Provincial Park in September 1995. 11 The Commission has also been asked to make 12 recommendations aimed at avoiding violence in similar 13 circumstances. 14 We began this Inquiry in April on standing 15 and, at that time, we had a respected Elder Lillian 16 Pitawatikwat conduct a traditional ceremony. 17 There will be two (2) parts to the 18 Inquiry. Part I will deal with the events surrounding 19 Mr. George's death and will be conducted in the typical 20 way of public hearings. 21 Part II will deal with policy issues which 22 are designed to help us develop recommendations to 23 preventing violence in similar circumstances in the 24 future and both parts will proceed concurrently. 25 Part II has already started with a

1 symposium on police and government relations held in June 2 in partnership with Osgoode Hall Law School. The 3 Commission's draft research plan for Part II of the 4 Inquiry is posted on our web site and parties are invited 5 to comment and to submit project proposals. 6 Seventeen (17) parties have been granted 7 standing for Part I of the Inquiry and twenty-eight (28) 8 for Part II. The official status of 'standing' entitles 9 the party to participate in the proceedings and to other 10 entitlements as set out in the rules of procedure and 11 practice. 12 The parties represent a variety of 13 perspectives on the events that are the subject of this 14 Inquiry as well as on subjects that the Commission views 15 as necessary to consider in order to fulfil its mandate. 16 The enquiries of Part I mandate are set 17 out in the Order in Council states that the Commission is 18 to enquire into and report on the events surrounding the 19 death of Dudley George. We hope to explore both the 20 specific circumstances of the shooting and the context in 21 which the shooting occurred. Both perspectives are keys 22 to the Inquiry's fact finding mandate. 23 In doing so, my hope is that the Inquiry 24 will contribute to the public's understanding of both the 25 specific incident and the factors and conditions that

1 contributed to it. 2 Public education and understanding are key 3 features of this, and indeed of -- of most, public 4 inquiries. Education and understanding are particularly 5 important because they can contribute to healing and to 6 moving forward for those who's lives were affected by the 7 events of September 1995. 8 In this respect I am mindful of the fact 9 that we visited the events that took place almost nine 10 (9) years ago may re-open wounds and re-kindle feelings 11 and tensions. 12 The establishment of the Inquiry may also 13 raise unrealistic expectations about what can be achieved 14 through the inquiry process. It's challenging for any 15 public inquiry to define its scope given the many issues 16 an investigation of this kind can raise. 17 This is particularly true for inquiries 18 such as the Ipperwash Inquiry that our mandate is to go 19 beyond mere fact finding. A Commission must necessarily 20 find a balance between being too broad on the one hand, 21 too focused on the other, in its investigation of facts 22 and mitigating circumstances. 23 Please be assured my goal is to address 24 these issues and challenges completely, thoughtfully, 25 openly and fairly. We will begin shortly, but first I

1 want to comment on two (2) matters regarding these 2 hearings. 3 First has to do with substance and the 4 second with location. The hearing days in July and 5 August will be dedicated to the extent possible to 6 providing a common, historical background; a starting 7 point for the parties and for all who will be following 8 the Inquiry. 9 In keeping with the Commission's goal of 10 establishing the context and contributing to public 11 education we have engaged two (2) experts to map out the 12 long and complex sequence of historical facts and 13 occurrences involved in the aboriginal peoples of this 14 area. The breadth and scope of this overview is 15 deliberate. 16 We believe that an understanding by 17 Ontarians of aboriginal history of the region and the 18 historical context of the incident is fundamental to the 19 inquiry and to our educational mandate. 20 Our goal is to be comprehensive and fair. 21 Having said that, we certainly understand that history is 22 subject to interpretation and debate and in that regard, 23 the experts that we will be calling as witnesses are 24 subject to cross-examination by Counsel for the parties. 25 The second matter is that of the location

1 of these hearings. At the hearings on standing I 2 indicated that the Commission was considering a variety 3 of factors in making the decision regarding the location 4 for the hearings and I encouraged any party with views on 5 this question to share them with the Commission. 6 A few parties have expressed their 7 preference. I've determined that Forest should be the 8 primary location for these hearings, based on the 9 principle that an inquiry of this kind should be held in 10 the location where a substantial part of the events in 11 question occurred. 12 In my view, physical proximity heightens 13 ones awareness of and appreciation for the events in 14 question. It also better ensures that the inquiry is 15 readily accessible to a majority of those who were most 16 affected by those events. 17 Nonetheless, I intend to continue to 18 evaluate the matter of location as we proceed. Currently 19 we are scheduled to be in this location until early 20 March. Information about the Inquiry schedule and events 21 can be found at our website, www.ipperwashinquiry.ca. 22 Now, before calling on Mr. Derry Millar, 23 who is our Lead Counsel, I would like to formally 24 introduce some other Members of the Commission Team, some 25 of whom I did introduce at the Standing Hearings in

1 April. Mr. Millar is well known to most of you, he is 2 the Commission's Lead Counsel, he comes to this Inquiry 3 from Weir Foulds, where he is a senior litigation 4 partner. 5 Susan Vella is Commission Counsel and she 6 is a partner in the law firm of Goodman and Carr. Don 7 Worme has just recently joined the Inquiry Team; he's 8 been engaged in private practise. Among other things, he 9 was Lead Counsel for the family of Neil Stonechild in 10 that Public Inquiry in Saskatchewan. 11 Katherine Hensel is the Commission's 12 Assistant Counsel; Katherine practises law with a 13 litigation group, at the law firm of McCarthy Tetrault. 14 Peter Rehak, who is found by the back, is the Media 15 Relations Advisor, and Nye Thomas -- Nye, are you in the 16 room? Nye Thomas is the -- is our Director of Policy and 17 Research, and he's responsible for managing Part II of 18 the Inquiry. 19 More detailed biographical information is 20 available for everyone on our website. I'm now going to 21 call Mr. Derry Millar. 22 MR. DERRY MILLAR: Thank you very much, 23 Commissioner. If I might, at the beginning, I would like 24 to take a moment and introduce the counsel for the 25 parties who are at the counsel table, starting at my

1 immediate -- on my immediate right is Mr. Murray 2 Klippenstein, who appears for the Estate of Dudley George 3 and George Family Group. And beside Mr. Klippenstein 4 today, is Mr. Maynard Sam George. 5 Next is Mr. Peter Rosenthal, who appears 6 on behalf of Aazhoodena and George Family Group. Beside 7 Peter is Kim Twohig, from the Government of Ontario. 8 Beside Ms. Twohig is Mr. Mark Sandler, who appears on 9 behalf of the Ontario Provincial Police. 10 In the second row, starting on right 11 behind me, is Mr. Bill Henderson, who appears on behalf 12 of the Kettle and Stoney Point First Nation. Beside Mr. 13 Henderson is Mr. Tony Ross, who appears on behalf of the 14 residents of Aazhoodena. Next to Mr. Ross is Ms. 15 Jacqueline Horvat, who appears on behalf of Mr. Charles 16 Harnick. 17 Next is Mr. Peter Downard, who appears on 18 behalf of The Honourable Michael Harris. Next to Mr. 19 Downard is Mr. Ian Roland, who appears on behalf of the 20 Ontario Provincial Police Association. 21 And in the back row, we have Mr. Douglas 22 Sulman, who appears on behalf of Mr. Marcel Beaubien. 23 Next to Mr. Sulman is Mr. Al O'Marra, who appears on 24 behalf of the Office of the Chief Coroner. 25 Then we have Mr. Julien Faulkner, who

1 appears on behalf of the Aboriginal Legal Services of 2 Toronto, then Mr. Bill Henderson, who appears on behalf 3 of the -- I mean, excuse me, Mr. Bill Horton, who appears 4 on behalf of the Chiefs from Ontario, then Ms. Janet 5 Claremont, "C-L-A-R-E-M-O-N-T", who appears on behalf of 6 the Municipality of Lambton Shores, and then Mr. Mark 7 Fredrick, who appears on behalf of Mr. Christopher 8 Hodgson. And the last person beside Mr. Fredrick is Ms. 9 Jennifer McAleer, who is with Mr. Downard. 10 There is no one here today for Ms. Hutton 11 or Mr. Runciman. 12 The outset, Commissioner, I would like to 13 welcome the members of the public who are present today, 14 the representatives of the parties, and the 15 representatives of the media. 16 I would like to bring to the public's 17 attention the fact that the Inquiry has a web site at 18 ipperwashinquiry.ca. We will be posting on the web site 19 the transcripts of the Hearing on a daily basis. Today's 20 transcript will be available by link from our website 21 sometime after 7:00 p.m. 22 The website also sets out the schedule of 23 hearing days and it will set out the name of witnesses 24 when determined. The website will also contain the 25 expert's reports once entered as exhibits and presently

1 there's posted on the web site the policy papers from the 2 symposium held on June 29th on the relationship between 3 the executive branch of government and the police. 4 As you've commented in your opening, the 5 events of September 6th, 1995 did not just happen. These 6 events arose based on a historical context. We intend to 7 call evidence during the next three (3) days and the 8 three (3) days in August, August 17th, eighteen (18) and 9 nineteen (19), on the historical context. 10 The -- before I move on, just as a 11 practical matter, today we're going to sit from 10:30 to 12 1:00. At one o'clock we will break until 2:15 for lunch, 13 then sit until 5:00 p.m. Tomorrow and Thursday we will 14 start at 10:00 a.m. in the morning and sit until 1:00 and 15 then 2:15 to 5:00. 16 In September we're going to begin with the 17 witnesses from the aboriginal community and we will 18 proceed in September and through the fall. 19 We're going to hear two (2) witnesses this 20 week, the first is Professor Darlene Johnston. She's 21 from the University of Toronto Law School. Professor 22 Johnston is a legally trained historian with an expertise 23 in Great Lakes aboriginal history and traditions. 24 And our second witness is Ms. Jone Holmes, 25 President of Jone Holmes and Associates Inc. Ms. Holmes

1 is an expert in aboriginal rights and government, 2 aboriginal relations and ethno-history. 3 Before I begin, for the benefit of 4 counsel, we have put on the counsel table some additional 5 documents. The first document is a list of names which 6 entitled 'Great Lakes Algonquian Speaking People' and 7 there is a -- that is really an appendix to the report of 8 Ms. Johnston and in the official copy it is right after 9 page 32. 10 We have also added to the documents that 11 we gave you notice of, two (2) documents. The first is, 12 it's a letter from William Jones dated December 8th, 1840 13 and the second is a petition signature page and it's the 14 second of the two (2) documents that I left on your desk. 15 Well, we have provided counsel, 16 Commissioner, with a copy -- another copy of the 17 PowerPoint presentation that will be used by Ms. 18 Johnston. So, if I might, I'd like to call Ms. Darlene 19 Johnston. 20 COMMISSIONER SIDNEY LINDEN: Thank you 21 very much, Mr. Millar. 22 23 DARLENE MARY JOHNSTON; Sworn, 24 25 MR. DERRY MILLAR: Commissioner, just for

1 your ease of reference I've put -- placed in front of you 2 a volume entitled 'Expert's Brief'; that contains at Tab 3 3, Ms. Johnston's CV that I'll be referring to. I've 4 also provided you with a book of documents and I'll 5 address those shortly. 6 But I wanted to draw that to your 7 attention. The CV is there for your assistance. 8 COMMISSIONER SIDNEY LINDEN: Thank you. 9 10 EXAMINATION-IN-CHIEF BY MR. DERRY MILLAR: 11 12 (VOIR DIRE COMMENCED) 13 14 Q: Ms. Johnston, I understand that you 15 obtained a BA Honours in History from Queen's University 16 in 1983? 17 A: Yes. 18 Q: And you obtained an LLB from the 19 University of Toronto Faculty of Law in 1986? 20 A: Yes. 21 Q: And thereafter you articled with the 22 Federal Department of Justice in Saskatchewan? 23 A: Yes. 24 Q: And you were called to the Bar of 25 Saskatchewan in 1987?

1 A: Yes. 2 Q: And I understand that you are not a 3 member of the Bar right now? 4 A: No. 5 Q: And then in 2003 you obtained a LLM 6 from the University of Toronto Faculty of Law; and is 7 that correct? 8 A: Yes. 9 Q: And can you tell us what your thesis 10 was about? 11 A: My thes -- my thesis is entitled 12 'Litigating Identity - The Challenge of Aboriginality'. 13 And what I considered was the problem that the tests, 14 evidentiary tests, which the courts have framed in the 15 context of aboriginal rights in title litigation, the 16 problems and challenges those tests create for aboriginal 17 people because our history is not as well documented from 18 an archival point of view. 19 And I was interested in developing a 20 method which would combine, not only the archival 21 records, but also oral traditional and symbolic literacy; 22 the writing system's not alphabetic but the -- the -- the 23 communication systems used by aboriginal people, in 24 particular the aboriginal people of the Great Lakes. 25 And so, I set out the tests and then I

1 took as a case study my home community which is a the 2 Chippewas of Nawash First Nation on Georgian Bay and 3 worked with the oral tradition that I'd received from my 4 grandmother and triangulated that with the archival 5 record in a way to show that there is continuity between 6 the present day people in the aboriginal communities 7 around the Great Lakes and our ancestors in the pre- 8 contact period which is what, unfortunately, the courts 9 require under Section 35. 10 Q: Thank you. And I understand that 11 you're presently the -- an assistant professor and 12 aboriginal student advisor at the University of Toronto 13 Faculty of Law? 14 A: Yes. 15 Q: And you began there in 2002? 16 A: Yes. 17 Q: And what courses have you -- are you 18 presently teaching at the University of Toronto? 19 A: I've been teaching a property law 20 course which is a first year mandatory course as well as 21 an upper year course on aboriginal peoples and Canadian 22 law. And I've also put together materials for a seminar 23 on the comparative law of the Great Lakes in the early 24 encounter period. 25 Q: Thank you. And I understand that in

1 -- you joined the faculty of the University of Toronto 2 Law School in 2001? 3 A: Yes, as an Adjunct Professor and 4 that's when I offered the course on the comparative law 5 of the Great Lakes. 6 Q: Okay. And between 1992 and 2001 you 7 were the -- a land claims research coordinator for the 8 Chippewas -- Chippewas of Nawash and Saugeen First 9 Nations; is that correct? 10 A: Yes, yes. 11 Q: And can you tell us what you did in 12 that capacity? 13 A: I first started working for my 14 community in 1991. I was, at that point, teaching at the 15 University of Ottawa and my community and sister 16 community at Saugine was involved in a fishing rights 17 dispute which ended up going to court and I was the 18 research coordinator to prepare the evidence that would 19 be required to meet the test for Section 35 of the 20 Constitution Act and the Sparrow case which had just been 21 released by the Supreme Court of Canada in 1990. 22 After we had completed the research for 23 the fishing case and were successful, then I was 24 entreated by the community to start working on land 25 claims which had been somewhat stagnant for a decade and

1 a half since I'd worked there as a university student. 2 And so I spent the first year reviewing 3 the state of our research. We retained a firm in 4 Toronto, had them do an assessment of the claims and 5 decide which would be the most fruitful claim to -- to 6 start with. 7 And we filed a major land claim in the 8 courts of Ontario in 1994 and from that time until 2001, 9 I was engaged in -- in the research co-ordination, again 10 understanding the legal tests that are important for 11 proving aboriginal title and issues around fiduciary 12 duty, but making sure that the documentary record from -- 13 of archival material was available. 14 So, I did primarily documentary research 15 in those ten (10) years. 16 Q: And I understand as well that 17 starting from 1989 to 1992 you were an Assistant 18 Professor, Common law section Faculty of Law at the 19 University of Ottawa? 20 A: Yes, that's right. 21 Q: And what did you teach in Ottawa? 22 A: In Ottawa I taught property law and 23 legal writing. But I took a series of leaves from that 24 tenure stream position to do the work at home and 25 ultimately resigned that position to -- to stay at home

1 for the decade that I did. 2 Q: Thank you. Then I understand, as 3 well, that, listed on your CV, you've received a number 4 of research grants from various organizations to assist 5 you in your research; is that correct? 6 A: Yes. 7 Q: And you've also written a text, 'The 8 Taking of Indian Lands in Canada: Consent or Coercion' 9 That was published by the University of Saskatchewan 10 Native Law Centre in 1989. Is that correct? 11 A: Yes. 12 Q: And you've written a number of 13 articles, and I'm referring, Commissioner, to page 2, the 14 -- the articles are -- an article, 'The Cult of 15 Eurocentrism and the Evolution of the Ontario 16 Archeological Myths'. That's forthcoming in the Ontario 17 Archaeological Journal, is that correct? 18 A: Yes. 19 Q: And you've written an article, 20 'Native Rights: Is Collective Rights a Question of Group 21 Self Preservation?'. That was published in 1989 in the 22 Canadian Journal of Law and Jurisprudence? 23 A: Yes. 24 Q: And you've written an article, 'A 25 Theory of Crown Trust towards Aboriginal Peoples'. That

1 was published in 1986 in the Ottawa Law Review; is that 2 correct? 3 A: Yes. 4 Q: And again the -- an article, 'The 5 Quest of the Six (6) Nations for self-determination'; 6 that was published in 1986 in the University of Toronto 7 Faculty of Law Review? 8 A: Yes. 9 Q: And were some of these articles or 10 all of these articles peer reviewed? 11 A: Yes, most of them were. 12 Q: And what does 'peer reviewed' mean? 13 A: When they're submitted to an academic 14 journal, if the editors decide that they're interested in 15 publishing it, they will circulate it usually to three 16 (3) recognized experts in the field and ask for them to 17 provide a review to ensure that the article is well- 18 researched, well-written, timely and makes a contribution 19 to the literature. 20 And if the positive -- if the reviews are 21 positive, then they -- then the journal go ahead and 22 publish. 23 Q: Thank you. And if I could take you 24 to page 3 of your CV: You've contributed four (4) 25 chapters to books; is that correct?

1 A: Yes. 2 Q: The first, 'Lo, How Sparrow Has 3 Fallen' which is to be published this year in access to 4 the justice -- the University of British Columbia Press? 5 A: Yes. 6 Q: And what is that about? 7 A: That is a paper that I presented at a 8 conference last year that was sponsored by the Law 9 Society of Upper Canada. I was invited to participate in 10 that conference and I was asked to do a retrospective of 11 the Supreme Court's jurisprudence over the past decade 12 and a half since Sparrow under Section 35 by the 13 Constitution which recognizes and affirms Aboriginal and 14 Treaty rights. 15 Q: And that is what Section 35 is and -- 16 A: Yes. 17 Q: It recog -- recognizes Aboriginal and 18 Treaty -- Rights and Treaty Rights? 19 A: Yes. 20 Q: Then the second book -- chapter you 21 contributed was 'When a Sacred Site might not be 22 considered sacred: The Case of Hunter's Point, Georgian 23 Bay, Ontario' and that was a -- part of a text or -- 24 published by the University of Alberta in 1998; is that 25 correct?

1 A: Yes. 2 Q: And can you tell us briefly what that 3 was about? 4 A: Again, it was a paper I was invited 5 to deliver at a conference on Sacred Lands which was held 6 in Winnipeg and I co-authored it with an archaeologist 7 who's worked in my territory. 8 We have a site just opposite our reserve 9 across the bay, today it's known as Hope Bay. Our people 10 know it as Nochemowaning which means 'place of healing'. 11 Burials have been disturbed there and the 12 archaeological assessment revealed not only burials but 13 areas of intense ritual activity. 14 And both myself and Dr. Fitzgerald and our 15 community struggled for -- and are continuing to struggle 16 to protect that site and so we wrote that paper to 17 demonstrate some of the difficulties encountered in using 18 the Ontario Cemeteries legislation to protect sites. 19 Q: Okay. And then you contributed a 20 chapter entitled 'Aboriginal Rights and the Constitution: 21 A story within a story'. And that was published in 22 'Canadian Constitutional Dilemmas Revisited', Queen's 23 University Press 1997; is that correct? 24 A: Yes. 25 Q: And what was that about?

1 A: Again, it was a conference where I 2 was invited to pre -- present a paper and it was shortly 3 after we had won our fishing rights case, the case of 4 Jones and Nadjiwon. And in that case were successful in 5 extending the Sparrow analysis to protect commercial 6 aboriginal fishing rights under Section 35 of the 7 Constitution. 8 So the paper considered both the Sparrow 9 Test and then the particular case which which -- with 10 which I had been involved in, the challenges of 11 litigation in a criminal context under Section 35. 12 Q: Okay. And the last chapter is 13 entitled 'First Nations and Canadian Citizenship'. And 14 that was in a text edited by Mr. Kaplan entitled 15 'Belonging: The Meaning and Future of Canadian 16 Citizenship' and that was published by McGill Queen's 17 University Press in 1993? 18 A: Yes. 19 Q: And what was that about? 20 A: Again, I was invited -- William 21 Kaplan was a colleague of mine when I was teaching at the 22 University of Ottawa and he had organized a conference on 23 citizenship and asked me to present a paper from the 24 perspective of First Nations experience with the Canadian 25 state and the Canadian process of citizenship.

1 And so I presented a paper, again, with a 2 primarily historical perspective looking at the 3 ambivalence which First Nations, in some cases -- in many 4 cases, feel towards the concept of Canadian citizenship 5 because, historically, our people were required to give 6 up our -- our aboriginal identity, our -- our status and 7 treaty rights in order to be able to vote. 8 It was a process known as enfranchisement. 9 And so one -- one couldn't be considered a citizen or 10 vote in Canadian elections without giving up status. We 11 didn't -- aboriginal people in Canada didn't receive the 12 Federal franchise, the ability to vote in Federal 13 elections, until 1960. 14 And the enfranchisement provisions, in 15 fact, stayed in the Indian Act until 1985. So, the idea 16 of citizenship as it's been practised by the Canadian 17 Government is -- is, in fact, a fairly conflicted one for 18 aboriginal people. 19 Q: Okay. And I understand from your CV 20 that you have currently three (3) works in progress. The 21 first 'Litigating Identity: The Challenge of 22 Aboriginality' and, as I understand it, that is, you're 23 turning your LLM thesis into a book? 24 A: I hope to, yes. 25 Q: And that is to be published by the

1 University of Toronto Press? 2 A: I plan to submit the manuscript. I 3 don't have any commitments yet. 4 Q: And you're working on a paper, 5 'Aboriginal Traditions of Forgiveness' and it's to be 6 presented to the International Conference Mending the 7 Past Memory and the Politics of Forgiveness sponsored by 8 the Canadian Commission on UNESCO and UQAM. Can you tell 9 us what UQAM is? 10 A: University du Quebec a Montreal. The 11 University of Quebec at Montreal. 12 Q: And that is to -- you're going to 13 present that paper this fall? 14 A: In October, yes. 15 Q: And as well, a paper that's in 16 progress is 'Recovering Aboriginal Traditions' which is 17 being prepared for submission to the Indigenous Stream 18 for International Law and Society Conference the 19 University of Newcastle, Australia which is scheduled for 20 December 2004? 21 A: Yes. 22 Q: And what is that about? 23 A: With -- building on the -- the 24 research I did for my Masters of Law thesis, I'm using 25 early historical linguistics, that is dictionaries that

1 were made by the first missionaries, to try to isolate 2 expressions and phrases which speak to legal notions 3 because there is a commonly held belief that before 4 contact aboriginal people didn't have a system of law. 5 And the challenge is to show that these 6 notions of justice and right and promise keeping and 7 compensation are, in fact, deeply embedded in the early 8 vocabulary and go back to pre-contact times. 9 Q: Thank you. And I understand, as 10 well, that you have made submissions to the Standing 11 Committee on Aboriginal Affairs at the House of Commons 12 in Ottawa, in both 19 -- in 1991 and 1989? 13 A: Yes. 14 Q: And, if I could take you to page six 15 (6) of your CV, you've prepared, as -- along with 16 Professor Austin, a -- the course material for property 17 law at the University of Toronto Law School? 18 A: Yes. 19 Q: And, what does that course cover? 20 A: Property law is one of the five (5) 21 mandatory courses in the first year at our law school, 22 and historically, the curriculum, in particularly with 23 property law, has been exclusively based on the English 24 common-law tradition. 25 And we, as new faculty, and myself as an

1 aboriginal professor, wanted to expand the curriculum to 2 include aboriginal notions of property, and to show that, 3 in fact, property is influenced by culture and history 4 and tradition. 5 And, so we redesigned the materials fairly 6 fundamentally, starting with notions of sovereignty, and 7 looking at Aboriginal understandings of property, and how 8 those were encountered by the Europeans who came first, 9 the French and then the British, and the extent to which 10 Canadian law has been able to reconcile those traditions. 11 Q: And that -- those materials are being 12 used today at the University of Toronto? 13 A: Yes, they are. 14 Q: And, as well, you redesigned the 15 course and created new materials for, of course, 16 Aboriginal People in Canadian Law; is that correct? 17 A: Yes. 18 Q: And, can you tell us what you did 19 with respect to that course? 20 A: Again, I developed new materials. 21 The course has historically been called Aboriginal Law, 22 and I -- I've changed the title, because, in fact, what 23 the course looks at and it is intended to look at, is the 24 Canadian jurisprudence that applies to aboriginal people, 25 and it's not in -- in any sense, aboriginal law.

1 So, in my materials, I started with 2 grounding the students in the constitutional history of 3 relations between First Nations and the Canadian state, 4 as a backdrop for then assessing the jurisprudence of the 5 Court. 6 So, we begin with origin stories and the 7 first accounts of treaty relationships, going back, and 8 even before the -- the British regime, which began in 9 1760. 10 Q: And you, as well, designed a course, 11 Property Law in its Cultural and Historical Canadian 12 Context, in 2002? 13 A: Yes. 14 Q: Is that correct? 15 A: Yes. 16 Q: And can you tell us a little bit 17 about that? 18 A: That was the first year I was 19 teaching property law and I developed my own materials. 20 Professor Austin was on -- on maternity leave that year, 21 and so I was on my own. And I was very ambitious with 22 respect to the primary source materials that I used, and 23 that is archival documents, and met with some resistance 24 from the students, because it was such a contrast with 25 what other professors were teaching in property.

1 And so, we -- I offered that for one (1) 2 year, but then Professor Austin and I worked up the 3 second set of materials. 4 Q: So, the property law that was 5 designed for 2003, 2004, has subsumed the work that you 6 did. 7 A: Yes, it has. 8 Q: And, lastly, you created a course -- 9 you designed a course and created the materials for a 10 course, Comparative Law of the Great Lakes in the Early 11 Encounter Period, and that was then, in 2003; is that 12 correct? 13 A: Yes. 14 Q: And, can you just explain the bit 15 about that -- that course and the materials. 16 A: That was an upper year seminar and, 17 again, I was anxious to show the students that law did 18 exist in North America, particularly in the Great Lakes, 19 which is the region that I'm familiar with, before the 20 advent of Europeans. 21 And I wanted not just to show the archival 22 record of the aboriginal tradition, but also to compare 23 it with the traditions that came from France and England, 24 and to show the students that some values and traditions 25 which we take for granted now as Canadians, in fact have

1 their roots in the aboriginal tradition; that notions of 2 autonomy, of democracy, of consensus building, of 3 compensation, alternative dispute resolution, that those 4 in fact are all traditions which predate the arrival of 5 Europeans in the Great Lakes region. 6 Q: Thank you. And at pages 4 and 5 of 7 your CV, you list eighteen (18) presentations. These 8 conference presentations; I take it that these are papers 9 that you've presented at the conferences listed in your 10 CV? 11 A: Yes. 12 Q: And I'm not going to go through all 13 of them, but the first one is entitled, 'Anishnaabeg 14 Totemic Identity and Landscape'. And that was presented 15 at York University in February of 2004. 16 Can you tell us what that was about? 17 A: At York University there's a masters 18 program in environmental studies; and I was invited by a 19 coalition, including the people in environmental studies, 20 to speak in a speaker's series they had on indigenous 21 leadership. 22 And some of the work that I did for my 23 thesis looked at the connection between territory and 24 totemic identify and governance; that is who was entitled 25 to govern. Whether the system was hereditary or elected.

1 In fact it's quite a nuanced idea. 2 But -- so because they were interested in 3 leadership and in the environment, I presented my work by 4 grounding totemic identity in particular landscape and 5 showing how governance decisions were made as a result of 6 that system. 7 Q: And can you tell us what you -- what 8 you mean by totemic identity? 9 A: Aboriginal cultures in North America, 10 well at least in Eastern North America, are based on a 11 kinship system which is also known as a totemic system or 12 a clan system. And for the Great Lakes people who speak 13 Anishnaabemwin; Algonquian speaking peoples. Our totemic 14 system is -- is patrilineal, that is, children are -- 15 when they're born, they're born into the clan of their 16 father or the dodaim of their father. 17 So, for instance, my father's father is 18 Potawatomi and he's Marten clan. My father's mother is 19 Otter dodaim. So when my father was born he's the son of 20 an Otter and a Marten, but he's a Marten. 21 And then because I'm my father's daughter, 22 I'm also a Marten. So, when you speak to a person's 23 totemic identity, it's how you trace the identity of your 24 clan back generations through the patriline. 25 Q: Thank you. And by the reference to

1 landscape; what do you mean? 2 A: I wanted to get beyond the notion of 3 just physical geography. I understand landscape is a way 4 of articulating how humans see or perceive or experience 5 the physical world around them. It's not just a physical 6 world for aboriginal people, it's also a spiritual world. 7 And totemic identity also has a very 8 strong, in my experience, a very strong spiritual 9 component. 10 Q: Okay. And the second paper that you 11 list is 'Totemic Identity in Governments' and that was 12 presented the American Society for Legal History Annual 13 Meeting, held in Washington, DC, in November 14, 2003; is 14 that correct? 15 A: Yes. 16 Q: And what was that paper about? 17 A: Again, I'm exploring the notion of 18 chieftainship and there has been some literature 19 suggesting it's a post-contact phenomenon, but my work 20 with both oral tradition and historical linguistics 21 suggests that's, in fact, a very deeply embedded concept. 22 And I did work with the very earliest dictionaries that 23 show that the word for chief in our language, Ogima, in 24 fact, is part of a prot-vocabulary. It -- it's one of 25 the oldest words in our language suggesting then, that

1 the institution of chieftainship is also a very ancient 2 concept. 3 Q: Okay. And you -- there's a -- you 4 list a paper 'Champlain and the Contact Clock' that was 5 presented to the Renaissance Society of America 6 conference workshop entitled Champlain and his World in 7 March 2003. 8 Can you explain what that paper was about? 9 A: Yes. I was looking at the Court 10 Section 35 Jurisprudence for Aboriginal Rights, as 11 opposed to aboriginal title. It's complicated, they have 12 different tests and different time-frames, depending on 13 whether you're talking about an aboriginal right or an 14 aboriginal title. 15 And the Aboriginal Right Test which comes 16 from the Van der Peet Decision of the Supreme Court in 17 1996 says that for a right to be recognized and affirmed 18 as an Aboriginal Right, it has to have been central and 19 integral to the distinctive culture of the people pre- 20 contact. 21 And so this raises the whole question, 22 well, what is contact and can contact be a point in time? 23 And why is that only what was central and integral at 24 this moment of contact is what gets recognized and 25 affirmed?

1 So I was trying to problematize the whole 2 approach of the Court to dividing the world, the 3 universe, aboriginal history into pre-contact and post- 4 contact and to suggest that contact, in fact, is more of 5 a process as opposed to one (1) episode in time. 6 Q: Thank you. And the last paper that 7 I'm going to ask you about is 'Reading Yellowhead's 8 Wampum. It was a presentation to the 1850 Robinson Huron 9 Treaty Nations gather -- gathering sponsored by 10 Batchewana and Garden River First Nations in October 11 2002? 12 A: Yes. 13 Q: And can you tell us what that paper 14 related to? 15 A: The meeting was convened to celebrate 16 the return of a wampum belt to the community. Wampum is 17 a -- any type of shell that comes from the Atlantic 18 Seaboard. The shell is white on the outside and towards 19 the inside has purple and people used to work these 20 shells into beads. 21 The beads would be drilled and then they 22 could be strung on hide and actually was have some 23 replica wampum belts here on the table. But this meeting 24 at Garden River was to celebrate the repatriation of a 25 historic wampum belt that had been sent from their

1 community to British officials that ended up in private 2 hands and was put up for auction and the community had 3 repurchased it. 4 And they were celebrating the return of a 5 particular belt with a particular history. And what I 6 contributed to the meeting was to read a speech of a 7 Chief from 1840, Chief Yellowhead, reading a wampum belt. 8 And the belt that he read has not 9 survived, but the speech has and it's very important in 10 terms of explaining the relationship of the peoples -- 11 Chippewas peoples around the Great Lakes and their 12 relationship with the Iroquoian speaking peoples to the 13 south of the Great Lakes. 14 MR. DERRY MILLAR: Thank you. 15 Commissioner, I'd like to tender Professor Johnson as a - 16 - an expert in Great Lakes aboriginal history and 17 traditions and subject to any questions that My Friends 18 may have. 19 COMMISSIONER SIDNEY LINDEN: Thank you 20 very much. 21 Does anybody have any questions of 22 Professor Johnston? I believe there's a question out 23 there. Apparently those mics have a very short span. 24 MS. KIM TWOHIG: Your Honour, my name is 25 Kim Twohig and I represent the Province of Ontario.

1 The Province does not object to the 2 testimony of Ms. Johnston or the admissibility of the 3 reports at this Inquiry -- of her reports, specifically, 4 on the understanding that the purpose of this evidence is 5 to provide an overview of the history of aboriginal 6 peoples in southwestern Ontario in order to inform the 7 issues at the Inquiry. 8 However, I should point out that the 9 reports rely on facts and contain some opinions that are 10 contentious in various pieces of ongoing litigation. We 11 appreciate that the issues are different in the 12 litigation and the purpose of the historical evidence 13 will be different at this Inquiry. 14 We simply wish to put on record that the 15 Province of Ontario wishes to reserve its right to 16 challenge in the other litigation the expertise of Ms. 17 Johnston and the facts and opinions set out in her 18 report. 19 MR. DERRY MILLAR: Thank you very much 20 for that observation. You don't have any objection to 21 her being characterized as an expert witness for this 22 Inquiry? 23 MS. KIM TWOHIG: Not for purposes of the 24 Inquiry, no. Thank you. 25 COMMISSIONER SIDNEY LINDEN: Thank you

1 very much. Does anybody else have any observations or 2 questions? 3 MR. DERRY MILLAR: It might be -- 4 Commissioner, if I might, before we begin, in terms of 5 counsel who wish to make comments at any time, perhaps 6 they could rise and we could recognize them and then they 7 could use this microphone because these other microphones 8 will pick up someone if they're speaking into it if it's 9 turned on sitting at their seat, but it probably would be 10 better if everyone came to the -- came to the podium. 11 COMMISSIONER SIDNEY LINDEN: Thank you 12 very much. Then I have no difficulty characterizing or 13 finding Professor Johnston as an expert in Great Lakes 14 aboriginal history and traditions. Thank you. 15 MR. DERRY MILLAR: Thank you. 16 17 (VOIR DIRE CONCLUDED) 18 19 EXAMINATION-IN-CHIEF BY MR. DERRY MILLAR: 20 Q: Ms. Johnston, what were you asked to 21 do? 22 A: I was asked to provide an aboriginal, 23 historical, cultural perspective on the attachment that 24 aboriginal people, that I'm familiar with, the aboriginal 25 people of the Great Lakes, feel towards their lands and

1 their burials and how I've seen that demonstrated in the 2 historic record. 3 I was asked to pay particular attention to 4 southwestern Ontario, to the southern shores of Lake 5 Huron and the Lake St. Clair region and to look for 6 evidence that connected the modern day community of 7 Kettle and Stoney Point to the early encounter period 8 and the early treaty period. 9 Q: And by -- by encounter period you 10 mean that period when Europeans first came to North 11 America? 12 A: Yes. When I speak of the encounter 13 period, there's two (2) broad periods that we have to 14 keep in mind. One (1) is when the French first came into 15 the Great Lakes region. They -- their presence in the 16 region was much earlier than the British. 17 And so the French encounter period for the 18 Great Lakes begins in about 1615 and goes through to 19 about 1760 and then the British presence and regime which 20 is then succeeded by the Canadian and American starts in 21 1760. 22 Q: And how did you go about doing your 23 work? In other words, what methodology did you follow? 24 A: I followed the methodology that I had 25 developed in my master's research which was to take a

1 geographic area, in my master's thesis, of course, I was 2 looking at Georgian Bay and my -- my father's and 3 grandparents' territory, to take a particular region and 4 to look in the very earliest encounter period to the 5 records that are available, such as the records of Samuel 6 de Champlain and the records made by the Jesuit 7 missionaries that -- which were published annually in 8 documents known as 'The Relations'. 9 Also some colonial archive records which 10 I'm -- with which I'm familiar as a result of my 11 research. And then when I finished with the French 12 period, to look at the transition period between the 13 French and British regimes, which is in the 1760's and 14 then to move into the British record-keeping, and 15 primarily the records of the Indian Department, which is 16 now the -- the Department of Indian Affairs. 17 And those records are known as 'Record 18 Group 10', 'RG-10' at the National Archives and -- and 19 many of those records have been microfilmed and there are 20 copies of those microfilms at the Ontario Archives. 21 So, I went to the Ontario Archives, after 22 I'd done as much research as I could for my previous 23 work. I went to the Ontario Archives and specifically 24 went through RG-10 volume by volume, beginning at Volume 25 I through to Volume 77 and then jumped ahead because of

1 the way things are organized in those intervening volumes 2 have to do with not -- not with -- with the Great Lakes 3 region. Then Volumes 140 to 150 and then some other 4 selected volumes that I looked at, so, I looked at almost 5 a hundred (100) reels of microfilm, including the Claus 6 Papers. 7 Claus was a -- a Colonel in the Indian 8 Department and he was very active in the region and 9 involved in some of the treaties which are of interest. 10 So, I went through eleven (11) volumes of the Klaus 11 papers and almost a hundred (100) volumes of RG-10. 12 Q: And Claus is spelled C-L-A-U-S? 13 A: Yes. 14 Q: And he -- his work was done in what 15 period of time? 16 A: Colonel Claus was in the Indian 17 Department before the American war of Independence. He 18 became Deputy Superintendent of the Indian Department in 19 1800 and that's a post he held until 1826. So, he was 20 basically second in command of the Indian Department in 21 the Great Lakes -- the southern Great Lakes region from 22 1800 to 1826. 23 Q: And was he based in Canada or in 24 Great Britain? 25 A: He was based in Canada. He was based

1 near Brantford. 2 Q: Thank you. 3 A: But he travelled extensively 4 throughout the region. 5 Q: And you prepared a report? 6 A: Yes. 7 Q: And you also prepared a PowerPoint 8 presentation? 9 A: Yes. 10 MR. DERRY MILLAR: And, Commissioner, if 11 I might I would like to tender and ask to have it marked 12 as Exhibit P-1. The volume experts brief which contains 13 Ms. Johnson's report entitled 'Connecting People to 14 Place: Great Lakes Aboriginal History in Cultural 15 Context'. 16 At Tab 2 is a hard copy of the PowerPoint 17 presentation and in the official copy it is in colour and 18 at Tab 3 is Ms. Johnson's CV and if that might be marked 19 Exhibit P-1? 20 COMMISSIONER SIDNEY LINDEN: Thank you 21 very much. Are you going -- going to mark that copy? 22 MR. DERRY MILLAR: I've provided the 23 Registrar with a copy of this material. 24 25

1 --- EXHIBIT NO. P-1: The volume expert's brief 2 which contains Ms. Johnson's 3 report entitled 'Connecting 4 People to Place: Great Lakes 5 Aboriginal History in 6 Cultural Context'. At Tab 2 7 is a hard copy of the 8 PowerPoint presentation and 9 in the official copy it is in 10 colour and at Tab 3 is Ms. 11 Johnson's CV. 12 13 CONTINUED BY MR. DERRY MILLAR: 14 Q: As well, Professor Johnston, you've 15 prepared a list -- a booklet of selected documents that 16 you are going to refer to -- may refer to in the course 17 of your presentation today? 18 A: Yes. 19 Q: And that contains twenty (20) tabs 20 and we've added the two (2) documents that I referred to 21 in my opening? 22 A: Yes. 23 MR. DERRY MILLAR: So there are twenty- 24 two (22) documents. I would ask that that be marked 25 Exhibit P-2, Commissioner?

1 COMMISSIONER SIDNEY LINDEN: Thank you 2 very much. 3 4 --- EXHIBIT NO P-2: Booklet of selected documents 5 that Professor Darlene 6 Johnston may refer to in the 7 course of her presentation. 8 9 CONTINUED BY MR. DERRY MILLAR: 10 Q: Then we have a electronic copy of 11 your PowerPoint presentation entitled 'Connecting People 12 to Place: Aboriginal History in Cultural Context' dated 13 July 10, 2004 and that contains your PowerPoint in 14 electronic form? 15 A: Yes. 16 MR. DERRY MILLAR: And would ask that 17 that be marked Exhibit P-3? 18 COMMISSIONER SIDNEY LINDEN: P-3. 19 20 --- EXHIBIT NO. P-3: Electronic copy of PowerPoint 21 presentation of Professor Darlene 22 Johnston entitled "Connecting People to 23 Place: Aboriginal History in Cultural 24 Context" dated July 10, 2004 25

1 CONTINUED BY MR. DERRY MILLAR: 2 Q: And, lastly, you provided, Ms. 3 Johnston, as did Ms. Holmes a CD -- you provided us with 4 a number of documents that are referred to in your 5 report; is that correct? 6 A: Yes. 7 MR. DERRY MILLAR: And what's -- those 8 documents, Commissioner, have been put on a CD by 9 Commission staff and, subject to any comments by My 10 Friends, I would tender the CD which is entitled 'Volume 11 8: Historical Research documents July 2, 2004' as Exhibit 12 P-4. 13 This CD, Commissioner, contains both Ms. 14 Johnston's documents and Ms. Holme's documents who will 15 be testifying next and My Friends have a copy of this CD. 16 COMMISSIONER SIDNEY LINDEN: That will be 17 marked Exhibit P-4. Does anybody have any observations, 18 comments? Thank you. 19 20 --- EXHIBIT NO. P-4: CD entitled "Volume 8: 21 Historical Research documents July 22 2, 2004" containing documents from 23 Ms. Johnston and Ms. Holmes 24 25 COMMISSIONER SIDNEY LINDEN: I'm sorry,

1 Mr. Ross...? 2 MR. ANTHONY ROSS: I take it, Mr. 3 Commissioner, that Exhibit 4 will be subject to your 4 hearing Ms. Holmes -- 5 COMMISSIONER SIDNEY LINDEN: Yes, of 6 course. 7 MR. ANTHONY ROSS: -- before it -- can it 8 go in. 9 COMMISSIONER SIDNEY LINDEN: Of course. 10 Thank you, Mr. Ross. 11 MR. DERRY MILLAR: Thank you. Mr. Ross 12 is correct, it's goes without saying that it goes in only 13 because -- 14 COMMISSIONER SIDNEY LINDEN: It's on the 15 same -- 16 MR. DERRY MILLAR: -- Ms. Holmes will be 17 called? 18 COMMISSIONER SIDNEY LINDEN: Yes. 19 20 CONTINUED BY MR. DERRY MILLAR: 21 Q: So, now, before we go into your 22 PowerPoint presentation, Ms. Johnston, I wonder if you 23 could tell us a little bit about the document that 24 appears at the last page of your report which is at Tab 25 1?

1 A: Yes. 2 Q: And what does this document do? 3 A: In part, it's a guide for people. As 4 I'm speaking, I'm going to be using a number of different 5 names and some names are totemic names, some names I 6 consider to be more national or linguistic or indicative 7 of political alliances. 8 And that's one of the challenges in 9 working with the early Great Lakes record is the extreme 10 variation in naming practices and it's easy, in fact, to 11 lose track of people or to think that you're dealing with 12 different groups of people because you're seeing 13 different names. 14 And so the chart, actually, is divided 15 into two (2) major sections, one for the Great Lakes 16 Algonquian speaking peoples and one for the Iroquoian 17 speaking peoples. 18 And when the French first came into the 19 region in the early 1600s these were the groups that were 20 represented. They represent two (2) major language 21 groups or language families. And the group with which 22 I'm more familiar with the Algonquian speaking group. 23 Algonquian is a term used by linguists but 24 it refers to people who, in our language, speak 25 Anishnaabemwin . Anishnaabeg people speak

1 Anishnaabemwin. And we, in fact, suffered, I think, the 2 -- the greatest disservice in terms of the naming 3 practices with our complex social and totemic and 4 political identities being distilled down to some very 5 common denominators, particularly by the British. 6 And what I mean by this is, each totemic 7 group, as a result of my research, I've been able to 8 find, had a particular name, and sometimes, in fact, more 9 than one (1) name. And when the French first came to the 10 region, their first guides into the Great Lakes were, in 11 fact, Iroquoian speaking peoples, the Huron, or the 12 Wendat, who lived in what's now Penatanguishene area. 13 And so when the French first came, the 14 first words they heard, or the first names they heard for 15 Anishnaabeg peoples, were Huron names. Then they got to 16 know the Anishnaabeg people and started using our 17 individual totemic names, but eventually they started in 18 terms, I suppose, of bureaucratic or administrative 19 efficiency, to use some generic terms. 20 So, rather than calling the various 21 groups, whether they're Crane people, Cat people -- 22 Catfish people, or Bear people; those names, those 23 started calling them Outaouac or the people that lived at 24 the Sioux, they called them Sauteurs. 25 Even so, the French had more variety in

1 their naming practises than the British. By the time the 2 British enter the region in 1760, they're calling people 3 either Chippewa, Ottawa, or Potawatomi. And those 4 designations, in fact, blur very important territorial 5 differences and totemic differences. 6 And so, I wanted to be able to show that, 7 of the very highly nuanced forms of identity that existed 8 at contact, they'd get watered down by the French and 9 then even more so by the British. And it creates a 10 problem then, because if the people that we're concerned 11 with, signed a Treaty in 1827, and they're called 12 Chippewas, and you go back looking for Chippewas in the 13 early contact period, you're not going to find them, 14 because Chippewa is not a name that they used themselves, 15 and it's not a name that the French use. 16 And so the name Chippewa doesn't show up 17 until the beginning of the British regime, and if you 18 insist on just looking for Chippewas, you'll think that 19 there were no Chipewas there in the early period. And so 20 you need another way, a more stable indicator of identity 21 to be able to make the connection back in time through 22 the French regime and into the very early contact period. 23 Q: And that indicator that you used is 24 totemic identity? 25 A: Yes. In my research, I'm satisfied

1 that totemic identity is the most stable and the earliest 2 form of identity, which persists across the four (4) 3 centuries since contact. 4 Q: And, simply, to illustrate the 5 problem, if you look at the top row of your chart, 6 Anishnaabeg people were called by the French by three (3) 7 different names? 8 A: Oh, there's more than that, but these 9 are the ones that show up in my report, so I didn't list 10 all of them. 11 Q: There are many, many more names. 12 A: Yes. 13 Q: And, in your report, those names 14 translate in the English period, to the names that are 15 listed in the third third column of your report? 16 A: Yes. 17 Q: Thank you. Now, if we might, could 18 we go to your PowerPoint presentation, and could you 19 begin? 20 A: Yes. 21 22 (BRIEF PAUSE) 23 24 I wanted to start with a picture, because 25 in my experience, it's very difficult to tell aboriginal

1 history from a purely archival, documentary record, at 2 least as document is understood in -- in current 3 practices. When we think of document, we think of a 4 piece of paper, we think of something written, we think 5 of something written alphabetically. 6 And this is actually a document, but it's 7 not an alphabetically rendered document. This is a 8 document which was created by people in authority, among 9 a particular group, sending a very important message to 10 the President of the United States. It's a symbolic 11 petition. 12 And in doing aboriginal history, if you 13 just look at the alphabetic records, you're going to miss 14 a very important part. You're going to miss, in fact, 15 the aboriginal part, of the -- of the history. 16 People speak about aboriginal people as 17 being preliterate or illiterate at contact, and were only 18 illiterate from the perspective of using an alphabet. 19 That's one (1) form of literacy. But we had a symbolic 20 form of literacy, such as you see in the wampum belts and 21 such as you see in this symbolic petition. 22 Q: And I -- 23 A: So -- 24 Q: Excuse me. I understand that this 25 petition was in -- in the 1840s?

1 A: Yes. This actually appears in my 2 document index. It's Document 490. It's not in colour 3 in the document index. Four ninety (490) is a document 4 by Henry Schoolcraft. Schoolcraft was an Indian Agent 5 for the American Government in the 1830s and '40s in the 6 Michigan Territory. 7 And he married a granddaughter of a famous 8 Caribou chief and became quite familiar with the language 9 and the traditions of the people whom he called Chippewa. 10 And his records are very important for demonstrating the 11 symbolic literacy of the Great Lakes Anishnaabeg people. 12 MR. DERRY MILLAR: Thank you. Just stop 13 for a moment. Commissioner, for the purposes of Counsel, 14 the number that Professor Johnston used, four ninety 15 (490), is in the database under 4000490, so you just need 16 to add a four thousand (4,000) to the front of the 17 number. 18 It's under INK.DOT.NO in the database. 19 But if you simply do a search for 4000490 it'll come up. 20 21 CONTINUED BY MR. DERRY MILLAR: 22 Q: Now, I interrupted you -- 23 A: Yes. 24 Q: -- can you tell us a little bit more 25 about this document?

1 A: Yes. This document as it appears in 2 Schoolcraft's text is entitled 'Symbolic Petition of 3 Chippewa Chiefs' and it was presented at Washington in 4 January 1849. So, it's one of the latest examples of 5 symbolic petition. 6 And it was presented by a delegation of 7 chiefs headed by Ohscabawis. Now, I'm interested in this 8 not simply because it's an example of symbolic literacy 9 and I want to open the historical record to -- to 10 aboriginal record making, but also because it speaks to 11 identify in a very fundamental way. 12 For me, this petition emphasizes the 13 extent to which totemic identity was the way that Great 14 Lakes peoples, Anishnaabeg people, saw and understood 15 themselves and represented themselves. 16 Because here, when you first look at this, 17 you see a variety of animals. You see a crane and -- 18 Q: And that's with Number 1? 19 A: Yes, sorry. 20 Q: And beside the crane there's the 21 number 1, just for the purposes of the record? 22 A: Yes. And Schoolcraft in his text 23 tells us who number 1 is; would you like me to refer to 24 that? 25 Q: Sure.

1 A: Yes, number 1, which is at page 417 2 of Schoolcraft's text, he says: 3 "The petition commences with the dodaim 4 of the chief called Oshcabawis." 5 That's O-S-H-C-A-B-A-W-I-S. 6 "Oshcabawis who headed the party who 7 was seen to be of the Ad-ji-jauk or 8 Crane clan." 9 So Ad-ji-jauk is the Ojibwe, 10 Anishinaabemwin word for crane. And so this chief, 11 instead of drawing himself as a man, draws himself as a 12 crane. And he's the leader of the delegation but he's 13 followed by three (3) four-legged animals with long 14 tails, these are marten; or wabajeshi. 15 Q: And they're identified on the slide 16 as two (2), three (3), and four (4)? 17 A: Yes. 18 Q: Thank you. 19 A: So these are Marten chiefs, but 20 they're not the head chief. They're not out in front. 21 Position is very important in symbolic literacy, the 22 organization of either signatures and marks or -- or 23 drawings. 24 So the Marten chiefs, there's one called 25 Waimittigoazh, I don't -- do you want me to spell the

1 names into the record? 2 COMMISSIONER SIDNEY LINDEN: Do you need 3 it? 4 MR. DERRY MILLAR: Yes. 5 COMMISSIONER SIDNEY LINDEN: It would be 6 very helpful if you did -- 7 THE WITNESS: Okay. 8 COMMISSIONER SIDNEY LINDEN: -- for the 9 record. 10 THE WITNESS: Number 2, in fact, is a 11 warrior W-A-I-M-I-T-T-I-G-O-A-Z-H and he's of the Dodaim 12 of the Marten. And the name signifies, literally, 'he of 13 the wooden vessel' which is the common designation of a 14 Frenchman. You say Waimittigoazh, it's -- tig -- tig is 15 a word for wood. 16 And it's supposed to have reference to the 17 first appearance of a ship in the waters of the St. 18 Laurence. The third person is Ogemageezhig. Again, 19 Ogema is the root word for 'chief'. O-G-E-M-A-G-E-E-Z-H- 20 I-G. He's also of the Marten clan and his name means 21 'Sky Chief'. 22 The fourth is also -- number 4, is also a 23 warrior of the Marten clan and he's Mukomisudains which 24 is a species of a small land tortoise according to -- to 25 Schoolcraft. And his name again is M-U-K-O-M-I-S-U-D-A-

1 I-N-S. 'Ains' is a diminutive ending which is put on a 2 word to show that you're talking about a small one of the 3 -- of the class mentioned. 4 Then we have Number 5, who's actually a -- 5 a member of the -- the Bear Clan. His name is Omushkose 6 O-M-U-S-H-K-O-S-E, which means the little elk. 7 And you'll see here the name of the person 8 -- the personal name doesn't necessarily have any 9 connection to the totemic name. He's not called Little 10 Bear. He's called Little Elk, but his dodaim -- his 11 dodaim is the -- is the bear. 12 And then Number 6 is a -- Penaisee, or 13 little bird. And that's P-E-N-A-I-S-E-E and he's a 14 member of the Nebanabaig, N-E-B-A-N-A-B-A-I-G dodaim and 15 this is a -- a dodaim which dwells in the water and can 16 sometimes take on the appearance of a man, so they call 17 it a man-fish or a -- or a merman in English. And 18 Schoolcraft speaks to the tradition surrounding that -- 19 that clan. 20 Then Number 7 is the Nawajewun or strong 21 stream. Nawajewun is N-A-W-A-J-E-W-U-N. And he's a 22 warrior of the Owassewg or the catfish dodaim. Owassewg 23 is O-W-A-S-S-E-W-G. 24 And so these seven (7) leaders travelled 25 to Washington and this is a document of the -- their trip

1 and it indicates their purpose. It's a record of -- of 2 why they went to see the president and this is what they 3 left behind. 4 And there's a number of elements which are 5 very important apart from the totemic identity in this 6 petition. You'll notice that the eye of the crane is 7 connected to each of the eyes of his followers. 8 9 10 CONTINUED BY MR. DERRY MILLAR: 11 Q: And that's on the -- on the slide. 12 It's -- that's signified by the line that runs from the 13 crane, Number 1, to each of the eyes of the other six (6) 14 people. 15 A: Yes. 16 Q: Six (6) figures. 17 A: And what this is evidence of, it's 18 tied in with his authority to be able to speak on their 19 behalf, because you see there's only one (1) line coming 20 from the crane's eye going forward to the President, but 21 before he's allowed to speak to the president, he has to 22 make sure that his people are of one (1) mind. 23 And that's what those connecting lines 24 demonstrate, that there's a consensus. They are of one 25 (1) mind when they come to deliver this message and this

1 request to the President. 2 You'll also notice there are a series of 3 lines going from the crane's heart, the Symbol Number 1, 4 back to the hearts of each of the -- the six (6) figures 5 behind him and again, to the same purport, which is that 6 they're of one (1) heart and one (1) mind and having 7 arrived at that state then the Chief is entitled to speak 8 on their behalf to the President. 9 Q: And the line that runs to the right 10 of the -- of the slide from the crane, the eye of the 11 crane to the right is a line that signifies the 12 connection with the then President of the United States? 13 A: Yes. But there's also a line, you'll 14 notice, running from the crane back beyond, behind the 15 catfish. 16 Q: That runs -- it's -- that line on the 17 slide is at the very top line of the slide, and it runs 18 from the crane on the right hand side of the slide, to 19 the left hand side down to the bottom where there are 20 three (3) -- four (4) circular items and it's the second. 21 A: Yes, and it's indicated by the Number 22 8, below the blue circular areas. And this, again, is an 23 important aspect of totemic identity or Aboriginal 24 identity which is to say these people are not speaking in 25 a vacuum. Even though they've travelled to

1 Washington, they're connected to a very specific 2 location, and that line grounds them in a particular 3 landscape and that the Chief derives his authority not 4 only from the fact that he's of one (1) mind and one (1) 5 heart with his followers, but also that he's connected to 6 the -- to the landscape. 7 And so we see the evidence of the 8 landscape in the blue horizontal line and then a path 9 which leads to this series of little blue lines, and I'll 10 read for you what Schoolcraft says about that: 11 "Beside the union of eye to eye and 12 heart to heart above depicted, 13 Oshcabawis, as represented by his 14 dodaim of the Crane has a line drawn 15 from his eye forward to denote the 16 course of his journey and another line 17 drawn backward to the series of small 18 rice lakes. Number 8, the grant of 19 which constitutes the object of the 20 journey. The long path -- The long 21 parallel lines..." 22 Which is Number 20. 23 "... represent Lake Superior and the 24 small parallel lines..." 25 Number 9.

1 "... a path leading from the central 2 point on its southern shore to the 3 villages and interior lakes..." 4 Number 8. 5 "... at which place the Indians 6 propose, if this plan be sanctioned, to 7 commence cultivation and the arts of 8 civilized life. The entire object is 9 thus symbolized in a manner which is 10 very clear to the tribes and to all who 11 have studied the simple elements of 12 this mode of communicating ideas." 13 And so, they're interested in speaking to 14 the President about a plan to secure a place for 15 agriculture because this is at a period of time when 16 there's much pressure from settlement and the people this 17 -- if this is a lake-wide phenomena having trouble living 18 in their traditional lifestyles of hunting and fishing. 19 And so they don't want to start farming 20 though until they have a guarantee that those lands will 21 be protected. And so the purpose of this communication 22 is to say that they are -- Chippewas from Lake Superior, 23 from a particular village, seeking a guarantee with 24 respect to a particular parcel of land. 25 Q: And that's the land at Item 8 where

1 the line ends? 2 A: Yes. 3 MR. DERRY MILLAR: Thank you very much. 4 Perhaps that would be a good time for the morning break, 5 Commissioner? 6 COMMISSIONER SIDNEY LINDEN: Excellent 7 idea. 8 MR. DERRY MILLAR: Thank you, Professor 9 Johnston. 10 COMMISSIONER SIDNEY LINDEN: Thank you 11 very much. We'll break from now until twelve o'clock? 12 MR. DERRY MILLAR: Sure. Thank you, sir. 13 THE REGISTRAR: All rise please. This 14 Inquiry will recess for fifteen (15) minutes. 15 16 --- Upon recessing at 11:45 a.m. 17 --- Upon resuming at 12:02 p.m. 18 19 THE REGISTRAR: This Inquiry is now 20 resumed. 21 22 CONTINUED BY MR. DERRY MILLAR: 23 Q: Thank you. Professor Johnston, Did 24 you want to add anything else with respect to the first 25 slide?

1 A: Yes. Again, I wanted to explain my 2 reason for beginning with this slide, it doesn't pertain 3 to people known in the 19th century as Chippewa belonging 4 to these various totemic identities. 5 And, the final point I wanted to make 6 about the symbolic representation, is that the chiefs did 7 not draw human figures on this petition. They did not 8 indicate their personal idiosyncrasies in terms of their 9 height or their hair style. 10 Rather, they represented themselves by 11 reference to their dodaim and so the Crane Chief 12 represented himself as a crane, not as a human being. 13 And for me, this persistence of this 14 tradition of representing an Anishnaabeg identity as 15 totemic, is very important in understanding the 16 relationship between human beings in this world, the 17 Great Lakes world, and the animals, or the other than 18 human beings, and the -- the landscape and -- and the 19 waterscape. 20 And I think it requires a fundamental 21 shift in -- in mindset and in worldview, to approach 22 history in an aboriginal cultural context, that humans 23 are not necessarily the center of creation, that humans 24 are -- are part of a creation and they don't distinguish 25 themselves in terms of their physical outer shell.

1 They may have a human body, but they're, 2 what I understand as totemic identity, is their -- their 3 core identity and this -- there's evidence of this core 4 totemic identity, from the very earliest record, 5 continuing up well into the Treaty period, and even -- 6 even to today. 7 And so, what I'm asking of people when 8 they consider these -- these drawings and the archival 9 written records that I'm going to refer to, is -- is to 10 try to tolerate this different way of looking at humans 11 and -- and looking at the world around us, because it's 12 only if there's an openness to the aboriginal perspective 13 of humans, and their place in creation, and their 14 responsibility to other than human beings, and to -- and 15 to the earth and -- and the waters, that we'll be able to 16 get a -- a informed culturally contextualized 17 understanding of the history between particular peoples 18 and particular places. 19 Q: Thank you. And, the next slide that 20 you are going to take us to is; can you describe what 21 that is? 22 A: Yes, this is a modern day man. We're 23 going to be looking at a number of maps today, both from 24 the early French and British period, and in those maps, 25 it may be hard for people to get their bearings, because

1 the actual orientation of the land forms and the waters, 2 are somewhat skewed, compared to their present -- their 3 modern mapping presentation, as well as the names have 4 changes. 5 So, I'm starting with a landscape that I 6 hope is familiar to everyone; of the Great Lakes. We 7 have lakes -- coming down from the St. Lawrence; Lakes 8 Ontario and Erie, going up to the Straits, between Lake 9 Erie and Lake Huron, and, in fact is the territory -- is 10 the territory that we're most -- I'm most intimately 11 concerned with -- 12 Q: And that's the territory north of -- 13 on the map that, I think it's the Thames River? 14 A: Yes. Well, I -- in the beginning I 15 just talk about the land between Lake Erie and Lake Huron 16 -- 17 Q: Yes. 18 A: -- and the straits that connect them 19 are the Detroit River, Lake St. Clair and the St. Clair 20 River. And then those straits lead into Lake Huron, 21 which has a main basin, as well as Georgian Bay, to the 22 east. And then there are other straits which lead into 23 Lake Superior and another Strait which leads into Lake 24 Michigan, to the south and west of Lake Huron. 25 Q: And you're pointing on the slide to

1 the area on the slide, just to the left of the Strait of 2 Makinac. 3 A: Yes, it's known as the Strait of 4 Makinac, and there's an island there, which the French 5 called Michilimakinac, which -- or Michella Makanat, 6 which is a rendering of the Anishnaabemwin, a word which 7 signifies 'Great Turtle', and it is this -- this is the 8 centre of -- of the Great Lakes for Anishnaabeg -- bemwin 9 -- the people who speak Anishnasbemwin, the people who I 10 refer to in -- earlier in my report, as the Anishnaabeg. 11 And what I want to use this map for is to 12 ground a particular tradition and origin story, in this 13 landscape, because in the aboriginal history and culture, 14 we need to understand how people saw themselves in 15 relation to their environment. 16 And creation stories across the world, in 17 fact, are -- are a way that cultural communities use to 18 ground their identity into particular narratives and into 19 particular landscapes. 20 So there's the creation story from the -- 21 from the Bible, and earlier, from the -- from the Talmud, 22 that grounds the story of Adam and Eve in a particular 23 landscape, which is the Garden of Eden, which actually in 24 those Biblical accounts, has a specific geographic 25 location in relation to mountains and -- and waters.

1 And the story that I want to examine this 2 morning is -- is the origin story for the Anishnaabeg and 3 peoples of the Great Lakes. It's -- it's one of the 4 origin stories, it's one of the very earliest, in fact as 5 far as I can tell, the earliest recorded origin story. 6 Q: Thank you. And the -- do you want to 7 tell us about that now? Are you going to -- 8 A: Yes. 9 Q: Thank you. 10 A: I -- I thought I would, with the use 11 of -- of this map. The -- the story was recorded by a 12 French official fur trader and explorer. His name was 13 Nicola Perrot; "P-e-r-r-o-t". Perrot was one of the 14 first French men who overwintered in the upper Great 15 Lakes region, north of Lake Huron and Lake Superior, and 16 he -- 17 Q: When was this? 18 A: In the 1660's, '70s, '80s. 19 Q: Thank you. 20 A: And he published a memoir in French 21 or wrote a memoir and his memoir -- he spoke French, also 22 he spoke Anishnaabemwin. He finished his memoir in 1718 23 and it's in the document list at Document 4000433 and 24 it's his memoir on the manners, custom and religion of 25 the savages of North America.

1 I have to apologize for the use of the 2 term "savages". The French use the term "sauvage" which 3 you could say sauvage, fraises sauvage -- fraises sauvage 4 which is wild strawberries. 5 It basically means not domesticated or not 6 farmed. But when it gets translated into English, it has 7 a much cruder meaning. But anyway, so I apologize any 8 time I have to use that expression. It -- it's what's 9 used in -- in the documents. 10 But he -- he did this memoir in 1718. It 11 didn't get published until the 1860's in French and it 12 didn't get published in English until 1911. So it's a 13 very, very early recording of an oral tradition which he 14 heard delivered in the Great Lakes region when he 15 overwintered with the people there and he put it in 16 writing. 17 I still consider it to be oral tradition, 18 because it is -- he -- he heard it orally. It has, of 19 course, has been translated from the Anishnaabemwin into 20 French and then into English. There are always problems 21 when you have to work with successive levels, successive 22 generations of stories in terms of -- of translation and 23 publication. 24 But it's the earliest story which I've 25 found which is consistent with what I've been taught and

1 also helps to make sense of the relationship between 2 totemic identity and how people understand their place in 3 the world and their connection to particular landscapes. 4 So Perrot starts to tell a story, or does 5 write down a story that -- that he heard in the Upper 6 Great Lakes in the -- in the 1670's. And I call it an 7 origin story, sometimes in my report I referred to it as 8 a creation story. 9 It's not a creation story in the sense of 10 the beginning of the earth. It's really a story after 11 the earth has been created and the animals are living on 12 the earth but the earth has been flooded. 13 There's flood traditions all -- all around 14 the world. And it probably has something to do with the 15 ice age and the retreats of the glaciers and the flooding 16 that followed. 17 But he's telling this -- he's hearing this 18 story, I should say, at a time when the earth is flooded 19 and the creatures of the deeps are living under the water 20 and there's land under the water, but there are land 21 animals who are now without lands and they find 22 themselves on a raft, floating in the middle of this 23 great water. 24 And there are no human beings, yet, in 25 this story. So this is a story of human creation, or the

1 origin of human beings, the origin of the Anishnaabeg in 2 the -- in the Great Lakes. 3 And the animals are floating on a raft and 4 there are many different animals represented there but 5 the chief among them is the Great Hare, the large rabbit. 6 And Michabous, Wabasso is a Ojibwe term for a rabbit and 7 Michabous is the great or the Giant Hare. 8 And he's the chief among these animals 9 that are on the raft. He's the one who has the most 10 power but it's clear in Perrot's account that he operates 11 by consensus and seeking co-operation. 12 So the Great Hare, Michabous knows that 13 there's land under the water but he's not much of a 14 swimmer. And he -- he asks the Beaver, who's also on the 15 raft, the great beaver, if he would dive to the bottom 16 and get a grain of sand and he assures him that if he 17 does bring up some sand, even the smallest grain, that 18 then Michabous will use his power to create land. 19 And his object in creating the land, he 20 promised, was to make enough land for all the animals so 21 that they could all find their sustenance. So this is 22 first of all, then, a story of recreating the land and 23 making a place for -- for all of the -- all the land 24 beings. 25 So the Beaver dives down into the water

1 and he's gone for a very long time and the other animals 2 begin to fear that he has drowned. He eventually 3 surfaces, near lifeless. He's drawn on to the rafts by 4 the other animals and they search but can find no sand. 5 So then Michabous asks the -- the Otter, 6 gitchenegig, the Great Otter, to dive and he takes some 7 persuading because it's a very risky proposition. But 8 again the promise is, that if -- if the -- if the otter 9 will bring up the sand, then the Great Hare will make 10 land enough for all. 11 And so the Otter dives down very deep and 12 again, is gone for a very long time, and when he 13 surfaces, is -- proves unable to reach the bottom and -- 14 and bring any sand back. 15 So the animals are starting to be quite 16 concerned and then the Muskrat, the lowly Muskrat as it 17 were, who's not nearly as accomplished a diver as the 18 beaver or the otter, the muskrat volunteers to go down. 19 And the animals aren't terribly confident 20 in his abilities but they've got nothing to lose and off 21 he goes. And he's gone, according to Perrot, according 22 to the story that Perrot heard, he's gone for twenty-four 23 (24) hours. 24 And he surfaces, near lifeless, beside the 25 raft, and the animals pull him up and lay him out on the

1 raft and they open one paw and then the next and then the 2 third and then the fourth and finally in the fourth paw 3 is a little grain of sand. 4 And so he had -- he had reached the 5 bottom. He's revived by the Great Hare and then the 6 Great Hare takes the grain of sand and begins then to 7 produce the land with it. 8 I refer to Perrot's repo -- account in my 9 report -- 10 Q: At page 5. Starting at page 4 and 11 then page 5. 12 A: Yes. So I've already paraphrased the 13 -- the first episode, but I'll begin then when the 14 Muskrat has arrived with the grain of sand. And this is 15 verbatim from the translation of the transcription of 16 Perrot's memoir. This is the English translation by Emma 17 Helen Blair: 18 "The Great Hare who had promised to 19 form a broad and spacious land, took 20 this grain of sand, and let it fall 21 upon the rafts when it began to 22 increase. Then he took a part of it 23 and scattered this about, which caused 24 the massive soil to grow larger and 25 larger.

1 When it had reached the size of a 2 mountain, he started to walk around it 3 and steadily increased in size to the 4 extent of his path." 5 Now the mountain that's referred to, the 6 aboriginal people situate this origin story on the island 7 of Michilimackinac which is in the Straits of Makinak 8 which I pointed to. 9 So, this story is not happening off 10 somewhere in outer space. It's happening in a very 11 particular landscape and the mountain of Michilimackinac 12 is one of the artefacts or proof, as it were, of -- of 13 these -- of the events. 14 "As soon as he -- 15 -- that's the Great Hare: 16 "thought it was large enough, he 17 ordered the Fox to go and inspect his 18 work with power to enlarge it still 19 more and the latter obeyed. 20 The Fox, when he ascertained that it 21 was sufficiently extensive for him, 22 that the land was able to contain -- 23 for him to secure easily his own prey, 24 returned to the Great Hare to inform 25 him that the land was able to contain

1 and support all the animals. 2 At this report, the Great Hare made a 3 tour throughout his creation and found 4 that it was incomplete. Since then, he 5 has not been willing to trust any of 6 the other animals and continues always 7 to increase what he has made, by moving 8 without cessation around the earth. 9 This idea causes the people to say when 10 they hear loud noises in the hollows of 11 the mountains that the Great Hare is 12 still enlarging the earth. They pay 13 honours to him and regard him as the 14 deity who created it. 15 Such is the information which those 16 people give us regarding the creation 17 of the world which they believe to be 18 always born upon that raft as for the 19 sea and the firmament, they assert that 20 these have existed for all time." 21 And so, this is the beginning, then, of 22 the recreation of the earth. And the understanding that 23 it reflects is that creation is an ongoing process, in 24 fact, they think, it's not as though the Great Hare 25 creates the earth and then disappears. He's -- it's a

1 continuing act and the creative force continues to move 2 throughout the Great Lakes landscape. 3 It -- it also teaches about the importance 4 of co-operation in -- in achieving mutual support and 5 sustenance and it teaches again, that the land was meant 6 for the sustenance of all, that the Great Hare wanted to 7 be sure that there was enough land for each of the 8 animals to make their living. 9 And I think that this story has great 10 explanatory force in terms of the aboriginal 11 understanding of the purpose of -- of the -- the -- the 12 creation of the relationship between humans and animals 13 and their environment. 14 But to get to the actual creation of 15 humans, they haven't been created yet, remember, we have 16 the great animals and we have the -- the raft turned to 17 land. And the creation is picked up in the next chapter 18 by Perrot which I've excerpted at page 6 of my report. 19 Q: Yes. 20 A: So, here comes now the creation of 21 human beings in this -- in this story, and again I think 22 it's the connection between the animals in the creation 23 story and the humans that -- that is very powerful in 24 explaining the -- the strength of totemic identity and 25 why I consider it to be a core and very stable identity.

1 And Perrot continues: 2 "After the creation of the earth all 3 the other animals withdrew into the 4 places which each kind found most 5 suitable for obtaining therein their 6 pasture or their prey. When the first 7 ones died the Great Hare caused the 8 birth of men from their corpses as also 9 from those of the fishes that were 10 found along the shores of the rivers 11 which he had formed in creating the 12 land. Accordingly, some of the people 13 derive their origins from a bear, 14 others from a moose and others, 15 similarly, from various kinds of 16 animals. And before they had 17 intercourse with the Europeans they 18 firmly believed this, persuaded that 19 they had their being from those kinds 20 of creatures whose origin was as above 21 explained. Even today, the notion 22 passes among them for undoubted truth. 23 And if there are any of them at this 24 time who are weaned from believing this 25 dream, it has been only by dint of

1 laughing at them for so ridiculous a 2 belief. You will hear them say that 3 their villages each bear the name of 4 the animal which has given its people 5 their being as that of the Crane or the 6 Bear or of other animals." 7 Now, Perrot, in this passage, shows the 8 difficulty that I experience in using European authored 9 documents as transmission records for traditions because 10 I do believe that he's telling the story that he heard, 11 but he cant resist in interpreting it and calling it 12 ridiculous. 13 And I think over time if this story does 14 not appear in the record or changes form in the record, 15 it's partly because people wanted to avoid this ridicule 16 and didn't want to share their teachings if they were 17 going to be made -- made fun of. 18 But, again, this is -- this is the 19 earliest rendition and he goes on which -- to tie a very 20 particular landscape to a particular animal in -- in the 21 -- in the origin story and that's what I think is vital 22 about taking this story beyond people's understandings of 23 their beginnings to their understandings of their place 24 in a particular landscape. 25 So he's -- he talks then about the, what's

1 now known today as the Georgian Bay area and we have the 2 Saugine, now known as the Bruce Peninsula, my ancestors' 3 homeland. We have the eastern shore of Georgian Bay and 4 the mouth of the French River which leads up to Lake 5 Nippissing. 6 Now, what I've done here in the 7 continuation of this story is to superimpose on this map, 8 this modern day map, the -- one of the earliest symbols 9 for a beaver person; that is a human person who 10 understands themselves to be a beaver and represents 11 themselves as a beaver. We'll see this image show up on 12 later archival documents. 13 And what Perrot does in his recounting of 14 the origin story is he tells us precisely where the 15 beaver went when he left that raft -- when he left that 16 island on Michilimackinac. The beaver swam along the 17 north shore of what is now known as Lake Huron and 18 continues on his travels through the French River. 19 And what's very important is the Great 20 Hare made the land but the other animals modified the 21 landscape. So that when the beaver went up the French 22 River, wherever he had trouble getting through, he made 23 dams, he flooded certain areas. He's responsible, in 24 people's understandings, for the portages and Perrot 25 gives us a very precise geographical reference for the

1 traditions surrounding the life and the work of the Great 2 Beaver. 3 Which, in Anishinabemowan, Kitche-amik 4 translates as great -- the Great Beaver. 5 And, again, I'm at page 6 of my report. 6 Q: And before you go to page 6, could I 7 just place on this slide the French River is shown on the 8 top part of the slide at the -- the line coming out of 9 just above the "E" on "Georgian Bay"; is that correct? 10 A: Yes. 11 Q: And it leads to Lake Nippissing? 12 A: Yes. 13 Q: And Lake Nippissing is on the right- 14 hand side of -- of the drawing? 15 A: Perhaps this would be a good time to 16 show the other map which we have? 17 Q: Yes, that would be. And this is a 18 larger map of -- of -- showing the same area between Lake 19 Huron, Lake Erie on the south, Georgian Bay, and up on 20 the right, Lake Nippissing. 21 A: Yes, it is. 22 Q: And it also shows, this map, Lake 23 Ontario and the St. Lawrence River on the right hand side 24 of the map? 25 A: Yes, we have the St. Lawrence River

1 coming down from the Gulf of St. Lawrence and at the 2 place where modern day -- I'm having trouble with my 3 laser here -- where modern day Montreal is, we have the 4 entrance to the Ottawa river system. 5 And the Ottawa river system comes quite 6 close, then, to Lake Nippissing. There's a series of 7 portages that have to be gone through. But then from 8 Lake Nippissing, you come down the French River onto 9 Georgian Bay. 10 And so Perrot is familiar with this 11 landscape, that's how he's travelled up into the Great 12 Lakes, and he's telling the story that he's heard from 13 the people who live in this environment how they came to 14 be and how they, as he was speaking, identify themselves. 15 So they -- he tells about how the beaver 16 went along the French River and Lake Nippissing, how he 17 travelled all the way to the Calumets which is almost 18 down to Montreal on the Ottawa River, that he made a 19 number of portages and dams, and while he was travelling 20 he populated the country with beaver children; that is 21 beaver beavers, but then, when he died, that's when the 22 human beavers were created. 23 So Perrot tells us that at the end of his 24 days, he went to a mountain north of Lake Nippissing and 25 that's where he died. So we know precisely where he

1 travelled the rivers, the dams, the portages and -- and 2 the mountain for his final resting place. 3 And this is Perrot, then, talking: 4 "They believe that he is buried to the 5 north of this lake, toward the place 6 where the mountain appears to have the 7 shape of the beaver and that his tomb 8 is there. This is the reason why they 9 call the place where he lies. "The 10 Slain Beaver'. 11 When those peoples pass by that place 12 they invoke him and blow tobacco smoke 13 into the air in order to honour his 14 memory and to entreat him to be 15 favourable to them in the journey they 16 have to make." 17 And so the landscape for the Aboriginal 18 peoples of the Great Lakes is not just a physical 19 landscape, it's a -- it's a spiritual landscape, it's a 20 creative and constantly changing landscape, but that the 21 -- there are landmarks such as the final resting place of 22 the great beaver which then the beaver people understand 23 to be the source of their creation. 24 Q: Thank you. Excuse me for one (1) 25 moment, Professor.

1 A: Yes. 2 3 (BRIEF PAUSE) 4 5 MR. DERRY MILLAR: Commissioner, for the 6 purposes of the record, perhaps we could mark the large 7 map that Professor Johnson just referred to as Exhibit P- 8 5? 9 COMMISSIONER SIDNEY LINDEN: Exhibit P-5. 10 MR. DERRY MILLAR: If we could do that 11 after the break. 12 COMMISSIONER SIDNEY LINDEN: Exhibit P-5. 13 14 --- EXHIBIT NO. P-5: Large map referred to by 15 Professor Johnson. 16 17 MR. DERRY MILLAR: Thank you. 18 19 CONTINUED BY MR. DERRY MILLAR: 20 Q: Professor Johnson...? 21 A: Yes, thank you. What's important -- 22 I mean, Perrot's story is -- is important or the origin 23 story is important at so many levels but it's actually 24 very important to understanding both the geography and 25 the history of the Great Lakes in the early French

1 period, because what Perrot says is the name of the 2 people who believe, who understand themselves to be 3 descended from the great beaver, they call themselves a 4 name which means descendants of the great beaver. 5 And the word for beaver in -- in 6 Anishnaabemwin is Amik and so the French call these 7 people who call themselves the beaver people, the French 8 call them amikois, I-M -- sorry, A-M-I-K-O-I-S. 9 And so the first names that we see 10 recorded by the French often have an animal name in 11 Ojibwe and Ishnabemawin embedded it in. 12 So if we wonder when we're -- when the 13 French are telling us who they're encountering, they're 14 encountering beaver people in beaver country. And beaver 15 country is defined by the landscape that has been 16 modified by the great beaver. 17 And it demonstrates to me that this 18 totemic identity, first of all because it's tied into an 19 origin story which are among the oldest traditions that 20 people have, is in fact very ancient, but also that it 21 had modern day significance, because it was used to mark 22 geographic boundaries and it was used as ethnic 23 identifiers to mark people's names. These were people's 24 self-designations. They called themselves the beaver 25 people.

1 Q: And so that the same applied to the 2 pike people and the otter people and the crane people? 3 A: Yes. And we'll see in some later 4 French records that if you unpack the names, for 5 instance, my grandmother told me that she was otter clan 6 or otter dodaim. You -- and if I was looking for Otter 7 people in English I couldn't find it in the record. 8 She didn't identify, necessarily, as 9 Chippewa but there are no Chippewas in the early French 10 record. But there are people known as the Nikiouet. 11 Nikik, again, is the word for "otter". 12 And so, as we go through the records in 13 the next portion of my report, I'll indicate where the 14 names can be used to locate particular groups in 15 particular locations. 16 Q: Thank you. 17 A: So, the origin story then, as I said, 18 is one of the earliest and most important of the 19 Adsokanak, the -- the -- the teaching stories, the 20 traditions. 21 And our first rendition of it in -- in -- 22 in written form is -- is by Perrot but obviously it goes 23 back much earlier. And that's part of the problem with 24 doing Aboriginal history in the Great Lakes is that if 25 you rely on the written record you are starting very,

1 very late in the story. 2 The first record of a French-speaking 3 person who makes a record, there are probably French 4 speaking people in the area before Samuel de Champlain 5 but he wrote a book about his travels and so the first 6 reported encounter on Georgian Bay with the 7 Anishnaabemwin speaking peoples dates from 1615, with 8 Samuel de Champlain. 9 And if you start your history then it -- 10 it -- it introduces a perception of discontinuity that 11 somehow there's a break between pre-contact and contact, 12 and I understand history is much more fluid. 13 And so when -- when we're looking at these 14 early French records, it's not because they're the 15 authoritative source for any of these traditions or 16 identities, it just happens that they're the surviving 17 sources because of the way that histories, museums and 18 archives have privileged or favoured and protected the 19 accounts by settlers, by missionaries, by fur traders. 20 And when we're using these European 21 authored documents there's always concerns around bias, 22 concerns around perspective. You have to understand 23 who's making the record, why they're making the record, 24 what language they speak, whether they were in the 25 country, how long they were in the country, whether they

1 could speak the language of the people they're referring 2 to. 3 There's many, many layers at which you 4 have to interrogate these records but, for this period, 5 they are really, literally, the only written records that 6 survive. 7 Q: The concern is, as you say, that the 8 writer of the document reflects his own cultural bias and 9 his own cultural background as opposed to the cultural -- 10 the culture that he or she is observing? 11 A: Yes; that's always a risk. It's very 12 hard to overcome. 13 Q: Thank you. 14 A: So -- and it's not necessarily a bad 15 thing. But we -- we have to be -- when using these 16 records, we have to be aware of it. And -- and -- and 17 try to -- try to tease out when the person's making a 18 direct observation without editorializing, as it were. 19 And that's why, again, I find the images, 20 in some cases, more powerful, the -- the maps and -- and 21 -- and the drawings than the actual words that are used. 22 So -- so this is an image. Champlain was 23 actually a great map maker, a great artist. And he 24 travelled up the St. Laurence. He went to the rapids at 25 Montreal in -- in his first trip in 1608.

1 And then he went back in 1611 and he was 2 hoping to get to Georgian Bay. See, the Huron people, 3 the Wendat people were living in this area here -- 4 Q: And you're pointing to the, on 5 Exhibit P-5, the lower right-hand side of Georgian Bay? 6 A: Yes. It's -- it's modern day 7 Penetang and Midland. 8 Q: Thank you. 9 A: And the Hurons or they called 10 themselves Wendat if you refer to the chart I provided. 11 The Wendat would travel up to French River, Lake 12 Nippissing, down the Ottawa River to Montreal and they 13 were in the habit of trading with the French, both at 14 Montreal and further up at -- at Quebec. 15 And so Champlain knew that the Great Lakes 16 existed. He had heard about them and he wanted to get to 17 see them. 18 So in 1611 he made an attempt along the 19 Ottawa River but he was turned back for a variety of 20 reasons. But it shows, in his efforts to get to the 21 Great Lakes, that he had to rely on making relationships 22 with the aboriginal people because the aboriginal people, 23 the Algonquian speaking people, the Annishnaabeg, in 24 fact, controlled the waterways. 25 I mean, he doesn't make it completely all

1 the way to Georgian Bay until -- until 1615. And he 2 stays there. Champlain's records are very important 3 because they're some of the first maps, some of the first 4 drawings. We have some of our first observations of 5 aboriginal burial practices, for instance, from 6 Champlain. And also descriptions of where people are 7 living and how they are organized socially and -- and 8 politically. 9 So, in 1615 then, he makes it to Georgian 10 Bay and he encounters Algonquian speaking people. And 11 part of the problem is by this time the French are 12 calling people who speak Anishnnaabemwin they're calling 13 them Algommequins or Algonquian's which names appear in 14 the chart. 15 And there are other aboriginal people, 16 Algonquian speaking peoples, just to the east of the 17 Algumakens that are on the -- the Three Rivers Watershed, 18 they're calling the Montaignais. 19 So the French first encountered the 20 Montaignais, M-O-N-T-A-I-G-N-A-I-S, in the late 1500s, 21 early 1600s then they -- they met the Algumakens and -- 22 and the Wendat or the Hurons. 23 And so calling someone Algumaken actually 24 doesn't really help us because Algumakens is not an 25 aboriginal name. We know there were people who spoke the

1 language of the people -- that people speak today on the 2 Ottawa River, on the French River, on Lake Nippissing and 3 on Georgian Bay. 4 So when Champlain first meets these people 5 he may have asked them what they called themselves. He - 6 - he doesn't tell us if he did. He said, I was so 7 impressed by their hairstyle that I called them the "High 8 Hairs", Cheveux Relevez, S-H-E-V-E-U-X and then R-E-L-E- 9 V-E-Z. 10 So he gives them a name. Instead of 11 saying, these are the beaver people or the otter people 12 or the pike people, he says, these are the high hairs. 13 And that's very frustrating for someone like me who's 14 trying to make a connection because he's introduced a new 15 name which has -- tells us something about their 16 hairstyle but has no relevance, in fact, to where they 17 might be living or how they might understand themselves. 18 But he does provide this sketch of the 19 people he calls Cheveux Relevez and it's the men. He's 20 interested in men and warriors and warfare and so he 21 shows us their weapons. 22 It's hard to see on the fellow carrying 23 the shield but his legs and his arms are marked up with 24 tattoos in fact. Tattooing practices pre-date the 25 arrival of Europeans and tattoos were often an important

1 way of showing identity. 2 People would have tattoos with their 3 totemic identity on their faces, on their chest, on their 4 arms and their legs. So if he had done a better job with 5 the tattoos I might be able to tell you more about this 6 person than his hairstyle. 7 But he's -- we know he's Cheveux Relevez. 8 We know he lives on Georgian Bay in Lake Huron. We know 9 Champlain encountered three hundred (300) warriors there, 10 but I can't pin him into a particular geographic location 11 because Champlain changes the name. And that's the 12 frustration with many of the early records. 13 Q: And the -- the person that you 14 pointed out on the slide was the person on the right-hand 15 side of the slide? 16 A: Yes, that's under the letter 17 C". I refer to Champlain's report at page 8 of -- of my 18 report. He encounters them in the fall of 1615 when he 19 first gets to Georgian Bay. 20 Then he spends the winter in what was 21 known by the French as Huronia and in January of 1616 he 22 decides to go west. So he's settled around he and he 23 goes over to where the Petun are and then he goes 24 somewhere else and there's actually quite a debate about 25 whether he goes north or south.

1 But it's clearly beyond the Petuns that he 2 goes to visit the Cheveux Relevez. So we have Algonquian 3 speaking people with high hair but we don't know what 4 dodaim they are, living on the shore of -- of Lake Huron 5 in 1616, the very beginning of the French encounter 6 period. 7 And so Champlain tells us a little bit 8 about these people. These people speak the language of 9 the people that the people today in the -- in the Great 10 Lakes speak. I can't with any confidence say to whom 11 they're related because there's not a stable ethnic 12 identifier in Champlain's text, but he does tell us 13 something about the nature of these people. He says: 14 "This nation is very numerous and the 15 greater part are great warriors, 16 hunters and fishermen." 17 So people who lived by hunting and fishing 18 as opposed to the Wendat who were more sedentary, 19 agriculturalists. That's not to say that the 20 Annishnaabeg people didn't farm, but their farming was 21 built into their seasonal cycle of aggregation and 22 dispersals. 23 24 (BRIEF PAUSE) 25

1 Q: Excuse me. 2 A: Okay, so Champlain's telling us then, 3 I mean it's clear these people are warriors, given the -- 4 the accoutrements they have, but they're also farmers -- 5 sorry, not farmers, so much as fisherman, and hunters, 6 but also traders. First of all, he says: 7 "They have several chiefs who take 8 command, each in his own district." 9 So the idea that Aboriginal people had no 10 government before the French is belied by this fact; 11 these people are organized, have organized authority with 12 their chiefs, and they have organized territories. Each 13 chief has a district or a territory. 14 "The majority of them plant Indian corn 15 and other crops. They are hunters who 16 go into -- in bands into various 17 regions and districts where they trade 18 with other tribes, distant more than 19 four (400) or five hundred (500) 20 leagues." 21 And it's clear from the historic record 22 that the -- I don't have a map big enough, but that the - 23 - the Algonquian speaking peoples went up to James Bay 24 and they went beyond Lake Superior and down into the 25 Mississippi. They were very, very skilful canoe people,

1 using the birch bark canoe which was lighter and more 2 mobile than the canoes -- the elm bark canoes that the 3 Iroquoian speaking peoples used, travelled much faster 4 and greater distances and had very, very extensive 5 trading networks. 6 But their homeland, where they have their 7 districts and their chiefs is -- is in -- sorry, in this 8 area on -- on Lake Huron. 9 Q: And the area that you were pointing 10 to on Lake Huron is on the eastern side of Lake Huron 11 running from what is now known as the Bruce Peninsula to 12 the south? 13 A: Yes, as I said, there was some 14 dispute. It's clear from the mapping at the time that 15 the Hurons lived here, the Wendats and the people that 16 the French called Petun, tobacco people, or the 17 Tionnontates as they call themselves, that name's also on 18 the chart, lived directly to the west of Huronia and 19 Champlain says he went beyond the Petun, but he didn't 20 say if he went north or south. 21 So we know he's in this region, but we 22 don't know precisely. 23 Q: And the region that you're pointing 24 to simply for the purposes of the record, is on the 25 eastern side of Lake Huron?

1 A: Yes. 2 Q: Thank you. 3 A: Yes. So Champlain has done us the 4 service of describing visually these people, but because 5 he changed their name, he's introduced one of the first 6 of many potential discontinuities in the historic record. 7 Now the next primary record makers in the 8 region, Champlain was -- that was his one and only winter 9 on -- on Georgian Bay. He went back to Quebec and was 10 the Governor of the Colony of New France for -- for many 11 years, but he -- he did not make his way again into 12 Georgian Bay. 13 But the French King was interested in not 14 only the fur trade in the Great Lakes region, but also 15 had a very ambitious plan for Christianizing the 16 Aboriginal peoples in the region and he chose the Jesuits 17 -- the Order of the Society of Jesus. 18 He gave them basically a monopoly to go 19 into the -- into New France to attempt to missionize or 20 proselytize the Aboriginal people that they encountered. 21 The -- the first missionaries, in fact, 22 were not the Jesuits. They were the Recollet, R-E-C-O-L- 23 L-E-T. Sagard, S-A-G-A-R-D, was one of the first Recollet 24 to go in. But the Recollet found it too tough and they 25 gave up and then the Jesuits got their monopoly.

1 So the country of one hundred (100) 2 Associates had a monopoly on the beaver, and the Jesuits 3 had a monopoly on missionization in New France, which is 4 the name they gave to their colonial establishment. 5 Q: And the Recollet were also a French 6 order? 7 A: They were a French order as well, 8 yes, but they didn't stay as long in -- in -- in the 9 Great Lakes region. 10 So the Jesuits are the longest -- have the 11 longest, sustained presence in the very early French 12 period along the Great Lakes and one thing that they -- 13 they're known for, by historians, is their linguistic 14 abilities. 15 The Jesuits, back then, as today, do have 16 a very high degree of education to be a member of the 17 society, a doctorate, and they were -- in many cases they 18 could speak at least Latin and French and Italian. And 19 the people that they sent in the field were people who 20 were particularly gifted at languages. So some of the 21 earliest dictionaries were made by the Jesuits. 22 And they had -- it was a very structured 23 and hierarchical society, and they had to always report 24 to their superiors in France for their activities in the 25 field. And so they filed these reports annually, the --

1 the Missionaries who were out in the field would send 2 letters to their superior at Quebec, who would compile 3 all those letters and send a report to his superiors in 4 France and then in Rome. 5 And these reports were know as, relation, 6 relations, stories, narratives. And they were published 7 in French almost immediately, because they were used to 8 fund raise, because people were interested in their 9 projects, and to raise funds for the Missions in New 10 France. 11 And, so because they were published, 12 they've survived longer than most manuscript records from 13 the period, they were published only in French until the 14 1900's. But the Jesuit relations are a very, very rich 15 linguistic and ethnographic source. 16 They're certainly flawed in terms of the - 17 - the -- the focus on Christianizing and the -- the -- 18 the dim view they take of the traditional spirituality of 19 the peoples they encountered. But if you can manage to 20 read through that, they do give very detailed 21 ethnographic evidence of where people were living, how 22 they were living, and some of the earliest totemic names 23 are revealed to us through the Jesuit relations. 24 And so what I have on this -- on this 25 slide, is an outline of the map which we see at -- at the

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1 front. This is an outline of the eastern Great Lakes. 2 You can see the St. Lawrence River, Ottawa River, Lake 3 Nippissing, down the French River, unfortunately isn't 4 showing, but hopefully people can get their bearings with 5 the peninsula that separates Lake Huron from Georgian 6 Bay, and then go down to Lake Erie and Lake Ontario. 7 Now, what I've tried to represent with 8 this slide is the location of Tribes that the Jesuit 9 relations reveal, when they give the names in the record 10 before they started calling everyone Outaouacs. When 11 they call everyone Outaouacs, you don't know who you're 12 dealing with, which the English call them Ottawas. 13 Outaouacs is O-U-T-A-O-U-A-C-S. 14 So, in the very, very early French period, 15 the Jesuits call people by the names that they call 16 themselves, and those names are by enlarge totemic. And 17 so we can take the recording of those names and map them 18 onto locations to indicate, then, the identity of the 19 people living in various regions. 20 And I refer to those documents that 21 provide this information in my report at page 9. 22 Father LeJune was a Superior at Quebec but 23 he had reports from his -- there were missions, several 24 missions that were set up in Huronia, and then the first 25 mission to the Algonquians was set up near Lake

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1 Nippissing, and then another was set up at -- at Sault 2 St. Marie. 3 And so Father LeJune is writing the 4 relation for 1640, so this is about twenty-five {25} 5 years after Champlain. But this is one of the first 6 records where we get the totemic identity revealed 7 through the names of the people that are recorded by the 8 Jesuits. 9 Now, LeJune actually wasn't that good a 10 linguist. He spent one winter among the Montaignais in 11 Quebec and nearly starved to death and decided that was 12 too tough, so he ended up spending most of his time at 13 Quebec. 14 But they sent the best linguist into the 15 country and there were also fur traders who provided 16 support and there was a Sieur Nicolet, who I referred to 17 on page 9 at the first full paragraph, who was one of the 18 first French fur traders and interpreters who travelled 19 the entire Great Lakes region and was very fluent. 20 And so Nicolet told LeJune: 21 "These are the people you find when you 22 travel down the St. Lawrence, up the 23 Ottawa River and through". 24 And so there are people, I didn't have an 25 image for Pike, I'm sorry, I should have, but if you go

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1 south of the Ottawa River in this region here, the Jesuit 2 record tells us that there are the Kinounchepirini, and 3 Kinoge is K-I-N-O-G-E, is the Anishnaabemwin word for 4 Pike, so they are the Pike people on the Ottawa River 5 Valley. 6 Q: And so that on Exhibit P-5, you were 7 pointing to the area below the northern most river, which 8 is the Ottawa River -- 9 A: Yes. 10 Q: -- on the -- just below that -- the 11 Ottawa River? 12 A: Yes. 13 Q: I wonder if you -- do you happen to 14 have a pen, Professor Johnson? 15 A: Yes. 16 Q: I wonder if you could write on P-5, 17 the -- the name for the Ottawa River where Lake 18 Nippissing is and the -- and just so that we can put them 19 in their proper place. 20 I might give you a different coloured pen 21 actually. 22 23 (BRIEF PAUSE) 24 25 Q: So you've marked the St. Lawrence

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1 River on the right side of P-5, the Ottawa River, which 2 is the northern most -- the top most line, excuse me, on 3 P-5. On P-5, north is the top. Thank you. 4 Then you -- Lake Nippissing, can you -- 5 have you marked it? And the French River, and Georgian 6 Bay? 7 A: Mark Georgian Bay? 8 Q: Yes, please. And -- thank you. I'm 9 sorry to interrupt you, but I wanted to just -- so in the 10 area just below the Ottawa River, where the -- Mr. LeJune 11 identified the Pike people? 12 A: The Pike people, the Kenoge Spirini. 13 In Anishnaabemwin, nini is the word that refers to man 14 and Niniwuk refers to people. The early records people 15 spoke in our dialect, so instead of saying Niniwuk, they 16 would say Rinniwuk, or you'd spell it like that, sorry. 17 Q: Yeah. 18 A: So, I'm -- I actually have some icons 19 you'll see later that represent pike, but I didn't -- I 20 didn't put one (1) in there. 21 But then after you go to the French River, 22 the -- oh, sorry, before we get there, there's also a 23 tribal group known as the Outchougai, O-U-T-C-H-O-U-G-A- 24 I, and that root word there is the word for heron, 25 Chougai, and we see a Heron on -- also on the Ottawa

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1 River, just on the North of the Ottawa River. 2 Q: So, that the heron appears on the -- 3 on the slide at the upper right hand part of the slide, 4 that's a Heron, and it's on the north side of the Ottawa 5 River? 6 A: Yes. 7 Q: Thank you. 8 A: And then we have the Beaver People on 9 the eastern shorn, the Amikwa on the eastern shore of 10 Georgian Bay. I've positioned them just so they weren't 11 crossing over the boundary lines a bit to the south of 12 Lake Nippissing, but they could be overlaying the French 13 River and -- and Nippissing, Lake Nippissing. 14 Q: And Lake Nippissing appears 15 immediately above the figure of the beaver, his right 16 hand? 17 A: Yes. And then there's another icon, 18 which I left off, although the record makes it clear that 19 between the Beaver People and the Eagle People, there was 20 a group known as the Nikiouet, N�I-K-I-O-U-E-T, that's my 21 grandmother's ancestors, the -- the Otter People. So, we 22 could have placed an otter right about here. 23 Q: And that -- we're referring to on the 24 slide, the area between where the figure of the beaver is 25 to the north side of Georgian Bay, between the beaver and

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1 the eagle? 2 A: Yes, that's right. 3 Q: Thank you. 4 A: Now there's another group between the 5 beaver and the otter, which the French call Atchiligouan, 6 A-T-C-H-I-L-I-G-O-U-A-N, and that one (1) has stumped me 7 and a number of other researches. 8 We're sure there's a totemic name embedded 9 in there but it might not be the name of the animal, it 10 might be a metaphorical reference to the animal or 11 another place name. So we know there are Atchiligouan 12 but because we haven't sussed out yet precisely what 13 their totemic identity is I haven't shown them there. 14 Q: And where would they appear on this 15 map? 16 A: Right in here. 17 Q: Again, in the same area between the 18 eagle and the beaver? 19 A: Yes. It's a very densely populated 20 region. You have beavers next to atchiligouan, next to 21 otters, next to eagles. We get the eagles at the mouth 22 of the Mississaugues River and Mississaugue doesn't refer 23 to eagle, the word for eagle is migissi but Mississauga - 24 - Michisaking is the mouth or the great many mouths at 25 the opening of the river -- of the Mississaugaue River.

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1 And so this is an example where the name 2 of the people refers to a place not a totemic identity. 3 But, for some reason, Mississaugue is one (1) of the few 4 early contact names that -- persists through the 5 historical record right to the present day. 6 There are still people Anishnaabeg people 7 who are identified as Mississague. And they were 8 predominantly eagle people in the early contact period 9 located in this area -- 10 Q: And "this area", can you describe -- 11 A: I'm sorry. 12 Q: -- that in words? 13 A: Going east -- going west on the north 14 shore of Lake Huron at the mouth of the Mississaugue 15 River. 16 Q: Thank you. 17 A: And north of the Great Manitoulin 18 Island. So, the -- the term then that the -- LeJune uses 19 is Oumisagai and some rendition of that word has -- has 20 persisted in the record. 21 But what's important to note is that in 22 the early contact period in -- in 1640 there was a 23 particular place where a particular group of people and - 24 - and they speak about going through beaver country, 25 going through otter country, going then through --

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1 through Mississauga country until you get to Sault Ste. 2 Marie which actually doesn't show up on our map but it's 3 -- it's right about there, it's at the strait that 4 separate Lake Huron from Lake Superior. 5 Q: Yes. 6 A: And the record there, again, is an 7 example where a place name is used as opposed to a 8 totemic name. So the rapids at Sault Ste. Marie, the 9 Ojibwe word for rapids is bawating and the French had 10 some transliteration of that that meant the people who 11 live at the rapids, Baouichtigouian, sorry, I can't 12 pronounce it. 13 But that was the Inishna Bemoan term for 14 the people who lived at the rapids. But the people who 15 lived at the rapids, the main totemic groups were shore 16 birds, both the plover which I've indicated a plover 17 there -- 18 Q: A "plover"; how do you spell 19 "plover"? 20 A: Plover, P-L-O-V-E-R. 21 Q: Yes. 22 A: A plover is a shore bird. It has 23 long legs but a short neck and a long beak. And a crane 24 is also a shore bird, has longer legs, a longer neck and 25 a -- and a long beak.

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1 So we have cranes and -- and plovers in 2 the earliest accounts at -- at Sault St. Marie. So 3 LeJune gives us basically a map, thanks to Sieur Nicolet 4 of who you encounter when you leave Montreal, go up the 5 Ottawa River and along the north shore of -- of Georgian 6 Bay, Lake Huron. 7 And these are all Algonquian speaking 8 people that can be identified either totemically or by 9 reference to their place names and then I use other 10 documents which tie particular totemic groups to -- to 11 particular places. 12 We have to wait a couple of years before 13 we get a detailed account of the south shore of -- of 14 Lake Huron and that happens in 1648 with Father Rageneau 15 who writes, he does the same thing, he goes along the 16 north shore and names all -- all the groups and then he 17 goes along the south shore of Lake Huron and this is a 18 vital record because it shows that there are Algonquian 19 speaking people Anishnaabeg people on the south shore of 20 Lake Huron, not just the north shore. 21 Because remember, when Champlain went west 22 he didn't say whether he was going north or south. 23 Q: Yes. 24 A: So, LeJune says that on the south 25 there are a number of peoples. The people who -- the

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1 Nigou, Outaouasinagouek. The Nigou is a reference to -- 2 to sand and the -- there are some suggestions that that 3 could have been a reference to carp which is one (1) of 4 the clans we find later in the -- in the region. 5 The Outaouasinagouek, sinago is the Ojibwe 6 word for black squirrel. Chitamo is for regular squirrel 7 and sinago is for black squirrel. And the Kichkagoneak, 8 now there's some dispute, these people became later known 9 as the Kaskakon, I'm reading the second full paragraph of 10 my report on page 9. 11 Q: That's page 9 of -- 12 A: Yes. 13 Q: -- the report. Thank you. 14 A: Yes. The Kichkagoneak which become 15 known as the -- later as the Kaskakons, K-A-S-K-A-K-O-N- 16 S, that is a reference to a cut tail. And some people 17 think it's a cut tailed bear but some of the drawings 18 including the one that I've shown here, suggests it's 19 actually a fish and it's probably a -- catfish. 20 So I've put a catfish on the southern -- 21 southern shore of -- of Lake Huron on -- on the Michigan 22 Peninsula, what's now the American side, the west side of 23 the St. -- Lake St. Clair. 24 Q: The west side of Lake Huron, north of 25 Lake St. Clair?

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1 A: Yes. 2 Q: Thank you. 3 A: Yeah. 4 Q: Perhaps that would be a good time to 5 break, Professor Johnson, and Commissioner - 6 COMMISSIONER SIDNEY LINDEN: All right. 7 MR. DERRY MILLAR: And, Commissioner, if 8 I might just take a moment, I've -- I don't know if I 9 mentioned this earlier, but it would be helpful if 10 perhaps Counsel could discuss over the lunch how they're 11 going to organize cross-examination. It would be helpful 12 and it would be also helpful if Counsel remember that, 13 with respect to cross-examination, the people are not 14 going to ask the same questions twice. 15 COMMISSIONER SIDNEY LINDEN: Yes, that 16 would be very useful. Have Counsel had any discussions 17 up until this point? No? It would be very useful if 18 sometime prior to cross-examination there was some 19 general agreements on -- regarding how we're going to 20 proceed. 21 Thank you very much. We'll now break 22 until -- what time? 23 MR. DERRY MILLAR: 2:15 I suggest, 24 Commissioner, if that's -- or 2:20, it's five (5) after 25 now. Perhaps 2:20?

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1 COMMISSIONER SIDNEY LINDEN: 2:20. We're 2 now adjourned. Thank you very much. 3 THE REGISTRAR: All rise, please. This 4 Inquiry stands adjourned until 2:20 p.m. 5 6 --- Upon recessing at 1:02 p.m. 7 --- Upon resuming at 2:20 p.m. 8 9 THE REGISTRAR: This Inquiry has now 10 resumed. 11 MR. DERRY MILLAR: Thank you. Now, we 12 seem to -- good afternoon. Professor Johnson, we seem 13 to have lost the... 14 15 (BRIEF PAUSE) 16 17 CONTINUED BY MR. DERRY MILLAR: 18 Q: Thank you. Professor Johnson, do you 19 want to just carry on from where we stopped just before 20 the lunch break please? 21 A: All right. This slide again is a map 22 of the eastern Great Lakes, Ontario, Eerie, Lake Huron 23 and Georgian Bay. And I've superimposed on it iconic 24 symbols, totemic symbols, based on early Jesuit accounts 25 of the names of peoples that they encountered in

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1 travelling around the Great Lakes. 2 And we had looked at the people in the 3 Ottawa River Valley, the Heron People and the Pike 4 People, and the Beaver on the eastern coast of Georgian 5 Bay, the Otter on the north shore of Lake Huron, the 6 Eagle on the north shore of Lake Huron, and when we get 7 to Sault St. Marie, there are a number of -- of clans, 8 or totemic groups living there, including Plovers and 9 Cranes, and there is a four (4) legged animal on the 10 image with big ears. 11 There's some question about whether 12 that's actually a rabbit, the great hare, Michabous or 13 Wabasso and -- or a bear. But we do know that there 14 were people identified as belonging to the clan of the 15 Great Hare at Mishlamakinaw in the straits and that 16 there were people identified as -- totemically as Bear 17 People at Sault Ste. Marie, so that's why I put that 18 mark in that location. 19 Now, there's also a four (4) legged 20 animal at the base of the Bruce Peninsula. These 21 images, by the way, are from a document we'll be looking 22 at shortly, 1701, a Treaty. And they're the earliest 23 archival -- surviving archival records of -- of these 24 totemic images, and that's -- that's why I've used them 25 there, they're almost contemporaneous with the Jesuit

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1 report. 2 But again, people disagreed over whether 3 that might be any number of things, I suppose, a bear, a 4 caribou, or a -- a great hare. 5 But the reason I've placed that symbol 6 there is to take account of the fact that there were 7 Algonquian speaking people in the vicinity of the 8 Wendats and the Petun. There is a Jesuit relation that 9 speaks of villages, Petun villages where Algonquian is 10 spoken. 11 That is -- there are -- by this time 12 tribes or villages that are bi-cultural and bilingual. 13 And so we know from the Jesuit record that there were 14 Algonquian speaking Anishnaabeg People within the 15 vicinity of the Peninsula that separates Lake Huron from 16 Georgian Bay. 17 We don't know, unfortunately, because of 18 the -- the names that the French record makers uses, we 19 don't know their totemic identity. So, I've put a 20 symbol there so we don't make the mistake that it's 21 uninhabited, but I want to -- to caution that I'm -- I 22 can't be clear about the precise totemic identity, but 23 clearly Algonquian speaking peoples at the base. 24 Q: And did the Jesuits speak about the 25 visit and record anything with respect to the southern

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1 part of Georgian Bay and the eastern shore of Lake 2 Huron? 3 A: Yes, and we're going to be looking at 4 some maps in a few moments. They -- they preferred to 5 work among the sedentary farming people, because the 6 lifestyle wasn't as hard as following people through the 7 bush through to their hunting camps in the winter. 8 So, they made a number of -- of camps or 9 missions in the vicinity of Huronia, and also on the 10 north shore of -- of Lake Eerie. 11 The -- the Jesuits who travelled with the 12 Algonquian speaking peoples had to move all over the 13 Great Lakes along the north shore up to Lake Superior 14 and down into -- into Lake Michigan. 15 Q: Thank you. 16 A: But the reason I wanted to show this 17 map at this point is this is before everything gets 18 turned upside down. The people speak about 1650, 19 historians speak about the year 1650, as a sort of 20 turning point in the history of the Great Lakes Region. 21 And some people start their history after 1650. 22 What happened in 1650 was the people 23 living south of Lake Ontario, the Iroquoian speaking 24 people, the Haudenosaunee had a series of wars, which 25 had a devastating effect on this area.

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1 And so a lot of records start after all 2 those things happened, and from the point of view of -- 3 of Anishnaabeg history, I think it's important to see 4 what happened before -- before these -- these 5 disruptions and -- and these challenges. 6 So, I'm -- I'm looking to records before 7 the very disruptive war years in 1648/50 and there is 8 evidence of Algonquian speaking peoples virtually all 9 around the Great Lakes, on the north shore of Lake 10 Huron, the south shore of Lake Huron, and in the 11 Peninsula separates Lake Huron from -- from Georgian 12 Bay. 13 Q: Okay, thank you. 14 A: So and then we'll move into this -- 15 this more contested period. One (1) last thing I'd like 16 to say about using these symbols to show people in 17 particular places, it's both a matter of oral tradition, 18 as well as historic archival record, that the Jesuits 19 actually encountered people who called themselves Beaver 20 People, or Crane People or Catfish People, living in 21 these -- in these locations. 22 And the early French accounts give a 23 suggestion, I have written about this in my thesis, that 24 there were various discreet territories, they had moved 25 through Beaver country, where all the men would be

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1 Beaver, and then you would move through Otter country, 2 where the majority of the hunters and warriors and the 3 fishers were Otter. 4 But the totemic system among the 5 Anishnaabeg, as I mentioned, is patrilineal, which -- 6 but it's also exogamous, E-X-O-G-A-M-O-U-S, which means 7 you marry out. 8 So, a Beaver woman born in Beaver 9 country, could not marry a Beaver; that would be like -- 10 11 Q: So you would have to marry outside 12 the clan? 13 A: -- marrying your close relative. 14 You're not allowed to do that. And so she would have to 15 marry, maybe an Otter in Otter country or an Eagle up in 16 Eagle country or a Catfish down in -- down in Catfish 17 country. 18 And, as I say, the early record makes -- 19 gives the impression that these are discreet contiguous 20 territories. And the advantage of exogamy, from the 21 point of view of maintaining alliances for trade and 22 warfare, is that if you were a Beaver person travelling 23 anywhere along the Great Lakes, chances are, you would 24 find some village where Beaver women had married into. 25 And because you were both Beaver, because

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1 women kept their totemic identity when they married, you 2 would be related and there would be an obligation to 3 care for -- to host and to -- to provide sustenance. 4 So, the -- the combination of the -- of 5 the totemic countries and the inter-marriage practices 6 meant that there was an inter-linking of -- of 7 territories and peoples and families. 8 And the reason why I think totemic 9 identity is so important to aboriginal history is 10 totemic identity is inherited. You are born in to a 11 clan or a dodaim. It's determined by the fact of your 12 birth. You don't have a choice about whether you're a 13 Beaver or an Otter. 14 You can choose who you marry and you can 15 eventually choose what country you live in but -- but -- 16 but totemic identity is inherited and it can't change. 17 The names that the French people call you can change 18 from the names that the Hurons call you, can change from 19 the names that the British call you. 20 And over time, we see people changing 21 locations under pressures of warfare and disease. But 22 totemic identity does not change. And there's a very 23 powerful quotation from Henry Schoolcraft that appears 24 at page 7 of my report. I'd like to -- to draw your 25 attention to.

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1 Now, remember, Schoolcraft was the 2 American Indian Agent in the Michigan Territory. He was 3 married to a woman of the Caribou clan. And so he had 4 some firsthand knowledge of how -- of how this system 5 works. Now, when he refers to devices, he's referring 6 to these iconic or these totemic images such as I've 7 indicated here on this slide. 8 He says: 9 "It will seen in view of the several 10 devices that the greatest stress 11 appears to be laid throughout upon the 12 dodaim of the individuals while there 13 is no device or sign to denote their 14 personal names. The dodaim is employed 15 as the evidence of identity of the 16 family and of the clan. This 17 disclosure is in accordance with all 18 that has been observed of the history, 19 organization and polity of the Chippewa 20 and of the Algonquian tribes generally. 21 The dodaim is, in fact, a device 22 corresponding to the heraldic bearings 23 of civilised nations..." 24 By that he means like coats of arms for 25 the Scots or the French used totemic -- not totemic

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1 images they used armorial images, they called them 2 armorial bearings. 3 "The dodaim is, in fact, a device 4 corresponding to the heraldic bearings 5 of civilised nations which each person 6 is authorized to bear as evidence of 7 his family identity. The very 8 etymology of the word which a 9 derivative from Dodaim, a town or 10 village or original family residence 11 denotes this. It is remarkable also 12 that while the Indians of this large 13 group of North America withhold their 14 true personal names on inquiry 15 preferring to be called by various 16 sobriquets..." 17 Nicknames; that's still the case in many 18 communities. 19 "... which are often familiar lodge 20 terms of infancy and never introduce 21 them into their drawings and picture 22 writing, they are prompt to give their 23 dodains to all inquirers and never seem 24 at a moment's loss in remembering them. 25 It is equally noticeable that they

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1 trace blood kindred and consanguinities 2 to the remotest ties. Often using the 3 nearer for the remoter affinities as 4 brother and sister for brother-in-law 5 and sister-in-law, et cetera. And in 6 that way there is a lapse of memory or 7 tradition the dodaim is confidently 8 appealed to as the test of blood 9 affinity, however remote. It is a 10 consequence of the importance attached 11 to this ancient family tie that no 12 person is permitted to change or alter 13 his dodaim and that such change is 14 absolutely unknown among them." 15 And so this is the stable, primary 16 identity which doesn't change every though people's 17 political situation, their economic situation, their 18 territorial location can change, their totemic identity 19 can't. 20 And if you belong to the same totem, if 21 you're a Bear person, every Bear you meet is your 22 relative. Doesn't matter if you have to go back nine 23 (9) generations to make some kind of a connection. 24 And so it's an unchanging form of 25 identity which serves to tie people into landscapes but

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1 also into inter-relationships because all the Bear 2 people would be related. 3 Now, when Schoolcraft refers to the site 4 of their original village, I take that back in my 5 understanding of the origin story so that the original 6 village of the beaver would be in the Beaver country. 7 And the original village of the Otter people would be in 8 the Otter country with -- where's there's some landmark 9 having some relationship to the Great Otter. 10 And as I said, the French records suggest 11 that they were fairly discrete but contiguous 12 territories along the -- the Great Lakes and by 1650 we 13 see that beginning to change. 14 And some people end up having to live 15 much closer together for mutual protection in the face 16 of both disease and warfare and for trading purposes. 17 So, we have a snapshot from 1640 of these 18 territories but very quickly, in fact, things start to 19 change. But the one thing that doesn't change is the 20 totemic identity. 21 Q: Okay. 22 A: Okay? 23 Q: Thank you. 24 A: So, if we move into this one (1) 25 last point on the relationship between people and other

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1 than human -- human beings and other than human beings, 2 this is a sketch drawn by the first Jesuit at Manitoulin 3 Island; one of the first Jesuits, I should say. 4 His name was Louis Nicolas, N-I-C-O-L-A- 5 S. He lived in the Great Lakes for about two (2) years 6 in the sixteen (16) -- early 1670's. He was an artist 7 and a historian and a naturalist. He did a beautiful 8 book of drawings of all the species of birds and fish 9 and animals in the Great Lakes region as well as images 10 of -- of peoples in the region. 11 And so, this is an image from his -- it's 12 called the codex canadaiensins, C-O-D-E-X, and then 13 canadaiensins is Canada I-E-N-S-I-N-S. It's Latin. 14 Anyway, this -- this collection of 15 pictures is from the 1670's from the Great Lakes area. 16 And this is a drawing that he's done at Sault St. Marie 17 and he's at the rapids at Sault St. Marie and that's 18 where the whitefish fishery is conducted. 19 And we have two (2) men standing in a 20 canoe. This is how the people fished and the French are 21 absolutely in awe that they could stand in these canoes 22 in the middle of the rapids. 23 And you see the man at the back of the 24 canoe is holding a long net, a dip-net, into the water. 25 And there's a man at the front of the canoe who's got an

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1 oar behind him, but he's holding something to his mouth; 2 it's actually a musical instrument. It's actually a 3 flute of sorts. 4 And Nicolas tells us that these are the 5 Passinaouek. I refer to them in the beginning of my 6 report. The Bisonex are the -- Bisonoex is -- the 7 metaphorical word is echo-maker, which is one of the 8 names that the people have for the cranes. So, these 9 are Crane people from Sault St. Marie, conducting the 10 fishery in their waters which are recognized as 11 belonging to them. The Jesuits say, this is their 12 native country, that they own it and other people come 13 as borrowers to fish there. 14 The reason I'm interested in -- in this 15 drawing, though, apart from the fact that it tells us 16 they're Crane people, is the fact that the fisherman is 17 singing and playing a song for the fish. 18 Because in the Annishnaabeg world view, 19 humans are not the only beings that have reason or power 20 to make decisions or intelligence our the ability to 21 communicate. 22 In fact, partly, I think because humans 23 are understood as coming from animals, sharing an origin 24 with -- with the other -- other animals, that their -- 25 communication between them is possible and people are

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1 trained to communicate, and this man is trained to sing 2 and play to the fish. 3 And the idea being that the whitefish 4 aren't captured as a result of the ingenuity or the 5 skill of the fisherman, the fish actively decide that 6 they will come into the nets and so it shows the 7 communication and the relationship. 8 There's a -- a co-operation between -- 9 between the fishermen and -- and the fish, and, again 10 that -- that reinforces the understanding that I have 11 from my research about the interconnection and the 12 inter-relatedness between people and the animals on 13 which they rely and the land on which they rely to make 14 their living. 15 So, as I said, the Jesuits were the first 16 record makers into the Great Lakes. There was an 17 Italian Jesuit named Bressani who was in the area 18 through the 1640's and the 1650's. For a while he was 19 stationed at Huronia. And he is a amazing map maker and 20 -- and artist. This is his map with -- with drawings. 21 What this map demonstrates is that very 22 early on, the Jesuits had a very -- and the French, 23 thanks to the Jesuits, had a very clear idea of the -- 24 the location and relationship of the various lakes in -- 25 in the territory.

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1 The British, at this point, had virtually 2 no idea of what things looked like. They had some -- 3 they had a foothold in Hudson's Bay, but no -- no -- 4 nobody was doing any kind of mapmaking north of -- north 5 of Lake Ontario. They were settled down in the New York 6 region, Lake Champlain and the Albany River. 7 So what Bressani's map shows us that this 8 early date, is one of the best illustrations, as I said, 9 of the relationship of the lake. So you see -- you see 10 Lake Ontario, which they called Lac St. Louis, and then 11 you see Lake Eerie, Lake Eerie and -- 12 Q: And Lake Eerie is to the left part 13 of -- 14 A: Yeah. 15 Q: -- the slide, yes? 16 A: Lake Eerie is connected to Lake 17 Ontario by Niagara Falls. And he shows the Iroquois 18 having villages south of -- of Lake Ontario. 19 This is a very good illustration though, 20 one (1) of the earliest of the connection between Lake 21 Eerie and Lake Huron, so you see the -- the strait that 22 leads into Lake St. Claire and then the strait from Lake 23 St. Claire, that leads into Lake Huron. And then you 24 see what they called Mer Dulce, the sea -- the 25 Sweetwater Sea, because it wasn't salty, and they also

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1 called it Lac Des Huron, the Lake of the Hurons. 2 So, by the 1640s, the Jesuits knew this 3 territory very well, and the land that connected Lake 4 Eerie to Lake Huron was in fact a fairly important area, 5 in terms of the relationships between tribes and between 6 the French, and their -- their allies. 7 And so when I was asked to consider the 8 relationship between the communities today and going 9 back into the past, I shifted my focus from my graduate 10 work, I focussed on Georgian Bay, up in this area. But 11 for this project I focussed in this area, which is what 12 I refer to as the land between Lake Eerie and Lake 13 Huron, okay. 14 Q: Thank you. 15 A: So, now you have your bearings and we 16 can go back again to this map as well. 17 So, here's a sketch, it's a document I 18 modified from one (1) of the Treaty maps. And when 19 we're looking at the lakes, the land between Lake Eerie 20 and Lake Huron, as a result of the conflicts between 21 France and England and then England and the United 22 States, we end up really only looking at one (1) side, 23 and but we want to be clear that -- that there's more 24 than one (1) side to this land mass. 25 We end up looking to the eastern side of

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1 the Detroit River, Lake St. Claire and -- and the St. 2 Claire River leading into Lake Huron, because after the 3 1780s, the west side was American territory. 4 So, when we get into the Treaty history, 5 we're concerned primarily with the eastern side. But in 6 the early period we'll be looking to the whole area as - 7 - as a region. 8 The thing I tried to highlight by this 9 slide, is the importance of the water bodies, and the 10 river systems. Because people are hunting and fishing 11 people, you would do most of your fishing at fishing 12 stations on the -- on the lakeshore, but the -- the 13 rivers are absolutely vital to hunting territories, and 14 people travelled along the river systems to their 15 various hunting grounds. 16 And so the remain -- the main rivers in 17 the region, which will appear time and time again in the 18 record, and in the maps and in the Treaties, the -- the 19 largest river is what the French called Riviere La 20 Tranche, T-R-A-N-C-H-E. 21 Q: And you're pointing to the long river 22 that comes out from Lake St. Claire and moves to the 23 right and the top part of the slide? 24 A: Yes, and today it's known as River 25 Thames or the Thames River.

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1 Q: The Thames River? 2 A: Mmm hmm. 3 Q: Thank you. 4 A: Okay. And then there's a smaller 5 river to the north of the Thames River, which on this 6 map is called Channel A'Carte, which is French for the 7 separated or the divided channel, and that's at the 8 mouth, very close to Wapole Island. 9 And then there are a few creeks as you go 10 north on the St. Claire River, and then there's the next 11 river that gets marked is on the eastern short of Lake 12 Huron, and it's called Riviere Au Sable. Now it gets 13 spelled many different ways, Riviere is pretty easy to 14 spell, but Au sometimes is A-U and sometimes A-U-X, and 15 Sable, which means "sandy river" in French can be 16 spelled S-A-B-L-E, S-A-U-B-L-E, S-A-B-L-E-S, S-A-U-B-L- 17 E-S. 18 So, there's a number of variations, but 19 they all are meant to refer to this -- this particular 20 river. But those names don't appear in the first 21 record, but when -- as we're going through the maps, I 22 want people to try to get their bearings in relation to 23 the lakes and the rivers. 24 Q: And this particular slide, the map on 25 this slide, was -- where did you take this map from?

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1 A: This comes from Indian Treaties and 2 Surrenders, it's a map that was used for the 1790 3 Treaty, but it's been modified, I removed the Treaty 4 Boundaries. It's just a good close up map to show the 5 river system in the region. 6 Q: And it's the river system in the map 7 as of approximately 1790? 8 A: Well, it's probably the river system 9 for quite a while. 10 Q: Well, but the map is dated 1790? 11 A: Yes, the map dates from 1790. 12 And that's the problem. The reason why 13 this map over here we introduced, has no boundaries on 14 it, no international boundaries and no names, because 15 the landscape has been there, it's the people that keep 16 changing the names and sometimes they change the 17 landscape, too. 18 But I want to try to start with as few 19 boundaries or -- or -- or barriers as possible. So that 20 when I talk in my report now, about the land between 21 Lake Huron and Lake Erie, it's -- it's this -- it's this 22 area in detail, but it actually goes much further up, 23 about sort of like this, actually, that we're going to 24 be looking at over the next few hours, when we get into 25 the Treaty portion.

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1 Q: It's -- it's the triangle, really, of 2 land from the bottom of, lower Lake Erie, Lake St. 3 Claire, Lake Huron, up to a point halfway between, which 4 would run from Lake Ontario on the right, to halfway up 5 Lake Huron on the left? 6 A: Yes. And that will become more clear 7 as we go through the Treaty area and see the boundaries 8 that are set on the -- on the land by the Treaty 9 process. But in the beginning, those boundaries don't 10 exist in a formal sense, there -- there are people 11 living in the area and records are being made of their - 12 - their experiences. 13 So this is the land between Lake Huron 14 and Lake Erie and for the balance of my work, then I 15 focussed, I went from sort of a macro picture of the 16 Great Lakes in understanding the Great Lakes and their 17 cultural context and totemic identity, and then using 18 that -- those bearings, to -- to focus in a more 19 specific area and see what we can learn and understand 20 about the history. 21 Q: Thank you. 22 A: So, and the other reason why I 23 wanted start with some modern maps, is so people would 24 have their sense of bearings, because when you go to 25 work with old maps, it can be very disorienting. This

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1 is actually a map of the Great Lakes, but the Bruce 2 Peninsula is missing, among other things. That's Lake 3 Ontario. 4 Maybe I'll stand up for a minute -- 5 Q: Sure. That'll -- 6 A: -- excuse me. 7 This is a map that dates from about 1640 8 and it's in the materials, document 4000421 and it's a 9 photograph of the original, which is still at the Hydro 10 ar' -- Hydrographic archives in the United Kingdom in 11 Taunton. 12 I have actually seen this map in person, 13 it's -- it's not as quite as big as that map and it's on 14 tanned hide and it's translucent, you can practically 15 see through it. And it was picked up by John Montressor 16 at the fall of Quebec; he was a Commander in the British 17 Army and he just took it home with him, and it ended up 18 in -- in Taunton. 19 It's undated and it's unsigned but it 20 clearly dates before 1650 and people assume that the map 21 maker was Jesuit or someone informed by the Jesuits. 22 Now, the map is interesting because it 23 attempts to show almost the whole continent. You see, 24 this is the Atlantic, this is the New England Colonies 25 down here in New York, this is the St. Lawrence --

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1 Q: You -- you're pointing to the -- the 2 lower right hand side of the -- of the slide -- 3 A: Yes. 4 Q: -- when you're referring to New 5 England and the colonies? 6 A: Yes. And then you get down to 7 Virginia. But, so this is the North Atlantic and this 8 is the -- the St. Lawrence River and then you come in 9 about here is Montreal, and then you get the Ottawa 10 River, and you can come down into Lake -- sorry, this 11 way into Lake -- Lake Ontario. Now the French called it 12 Lac St. Louis and -- and then to Lake Erie. 13 And so this is the -- the area of land 14 between Lake Erie and Lake Huron, but it's quite 15 compressed and you can see that the peninsula is 16 actually not well drawn in. The peninsula disappears in 17 a number of maps, but there is a portage at the base of 18 the peninsula and very few people actually had the 19 courage to sail all the way around it. So on the maps, 20 it ends up, you can tell people have taken a short cut, 21 'cause they haven't gone around -- around the peninsula. 22 But this map is interesting on a number 23 of levels, first of all, it divides the area into huge 24 regions, some of them based on linguistic lines. So you 25 have the Montagnais opposite the height of land, from

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1 the waters that flow into the St. Lawrence from 2 Tadoussac and Three Rivers, they're Algonquian speaking 3 people. 4 On this side of the height of land, which 5 is going to the northwest, we have the people the French 6 call Algonquian, or Algonquian, I refer to them as 7 Anishnaabeg when there's nothing more specific I can say 8 about their identity. But they're clearly Algonquian 9 speaking people. 10 Then to the south of Lake Ontario, we 11 have the Iroquois, the French call them the Iroquois, 12 they would have called themselves the people living in 13 this area, the Haudenosaunee. Then we have the Erie 14 Nation or the nation of the cat. Then we have the Gens 15 de feu, they're on the west side of Lake Erie and the 16 south shore of Lake Huron. 17 Now, the Jean de fer in French, it means 18 the people -- the fire people and it shares, I think, a 19 connection with people today know as the Batchewana 20 there's -- the fire is embedded somewhere in -- in that 21 word. 22 On the north shore of Lake Erie and Lake 23 Huron they say Nation Neutre. This is the neutral 24 nation. And the Jesuits had missions among the Neutral 25 Nation because there were very many villages, very

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1 densely populated agricultural settlements. 2 And then we have the Nation de Petun 3 which is where the peninsula should be and then we have 4 the -- Huron and this is a very densely, densely 5 populated area because the -- the British -- sorry, the 6 Jesuit records talk about how many villages and we'll 7 see in a close up, in fact, that there's about forty 8 (40) villages among the Neutral Nation and dozens and 9 dozens for the Hurons and the Petun. 10 But the thing to notice the Algonquian 11 speaking peoples are here and here and then the 12 Iroquoian speaking peoples go this way. Right, that's 13 not going to come out very good in the transcript. 14 Q: The Algonquians are north of Lake 15 Huron and the -- 16 A: They wrap all the way around Lake 17 Huron and come up again on the south shore -- 18 Q: Of Lake Huron? 19 A: -- of Lake Huron and butt up against 20 Lake Erie. 21 Q: Thank you. 22 A: And then you have the Neutral Nation 23 and Peturn. Now, the thing to remember is, as I said 24 before, there were Algonquian speaking peoples who lived 25 with the Peturn. So there was also Algonquian speaking

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1 peoples on this part of Lake -- on this part of Lake 2 Huron. 3 Q: And on this part of Lake Huron; 4 you're referring on this map, at least, to the eastern 5 shore of Lake Huron? 6 A: That's right. Going down to the 7 strait that divides Lake Huron from Lake Erie. 8 Q: Thank you. 9 A: Okay. And, as I said, this is a 10 very densely populated region. It's linguistically and 11 culturally quite complex. The Iroquois the Neutral and 12 the Huron all speak one (1) language and the 13 Algommequins, the Montegne, and the Gens de feu speak 14 another language. 15 So there's two (2) main language groups 16 but the Iroquois are at war with the Hurons. The 17 Algommequins, in the early period, are at war with the 18 Jean de fer and the Neutral people are called neutral 19 because they can talk both to the Iroquois and the 20 Hurons but they joined the Algommequinss in their fight 21 against the Jean de Fer. 22 So it's a -- I speak of it as a densely 23 populated, delicately balanced political region. And 24 the centre of all these forces, the fulcrum, if you 25 would, is actually this -- this area that we're

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1 interested in. 2 This is where all the pressure is. 3 There's huge Algonquian territory to the north and to 4 the -- to the southwest and the Iroquois territory, 5 Haudenosaunee territory going down to the south. 6 And everything, the pressure in terms of 7 the trade, in terms of the missionization, in terms of 8 the diseases that were introduced, is -- is all 9 happening in this area. 10 So you have the Neutrals up against the 11 Jean de fer and the Iroquois and the Huron and the 12 Algonquian. 13 Q: And on this slide, just for the 14 purposes of the record, this area is the area where you 15 see nation on -- on this slide, to the north of that, or 16 above that, to the shore of Lake Huron which would be 17 the eastern shore of Lake Huron in a modern map? 18 A: Yes. And so we have, Iroquoian 19 speaking people on one side of the strait, Algonquian 20 speaking people on the other side of the strait and 21 Algonquian speaking people on -- on the north. 22 But in the de-stabilization that followed 23 the introduction of the -- the fur trade and gunpowder 24 and diseases, this -- this centre area became -- became 25 a very hotly contested place.

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1 And in sixteen (16) -- late in the 1640s 2 the Haudenosaunee, for various reasons, decided to 3 attack and totally de-stabilize this region. They burnt 4 all the villages and cornfields of the Neutral people 5 who were living along here as well as the Hurons and the 6 Peturns. 7 And many people were killed, probably 8 more were adopted in because that's how people -- if 9 communities needed warriors and the warriors were killed 10 either by disease or by warfare, they would often adopt 11 captives that they took and then those people would 12 marry in and become part of their nation. 13 So sometimes these wars make it sound 14 like, sort of, total war where there's masses of people 15 being killed. The death count, actually, wasn't nearly 16 as high as the Jesuits made it sound but there was a lot 17 of adoption going on so that a number of new clans 18 entered into the Iroquois society as a result of these 19 wars. 20 Q: And the Haudenosaunee were Iroquois 21 speaking people? 22 A: They were, south of Lake Ontario. 23 But they then, in this attack, they totally de-populated 24 the region on -- on the north shore of Lake Erie and 25 Lake Huron. Doesn't mean they killed everybody, but

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1 people moved out of their way. 2 And the Hurons, some of them -- most of 3 them went back -- that survived, because Huronia was 4 destroyed as well, they went back with the Jesuits to 5 Quebec and there's still a Huron Reserve at Lorette in 6 modern day -- just outside modern day Quebec City. 7 The Peturn people -- because they had a 8 very good relationship with the Algonquians, they moved 9 west, first to Manitoulin Island, Michilimackinac, even 10 as far as far west as Lake Superior. 11 And so there was a period of time when 12 the western most tribe of the whole Haudenosaunee, the 13 Seneca, S-E-N-E-C-A, established villages in this region 14 that -- where the Neutrals had been driven out of and 15 the Hurons. 16 Q: And that -- in this region, you're 17 pointing to the area north on this map of Lake Erie and 18 Lake Ontario? 19 A: Yes, that's right. 20 Q: Thank you. 21 A: Okay, so this -- this episode, these 22 wars in the late 40's were very -- introduced an awful 23 lot of disequilibrium in the system and some historians 24 suggest that this -- the region never recovered. 25 I -- I think it was actually a fairly

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1 short term upset and that, from the point of view of the 2 Anishnaabeg people, led to a re-assertion of a presence 3 and a dominance in the region, which we'll just look to 4 briefly. 5 This is a -- a map that was made during 6 the first hydrographic survey of the Great Lakes that 7 the British Admiralty conducted in 1815 under Sir 8 William Fitzwilliam Owen, and it's actually a map of the 9 Thames River. 10 So, if we find the Thames on this other 11 map down here, we see it's along this area. So it's in 12 the landscape between Lake Erie and Lake Huron. What's 13 interesting about this map, it was made in 1815, but 14 when the surveyors went to map this, the British 15 surveyors, they were taken by the local Aboriginal 16 people to a particular place. 17 So this is a close up and the map maker 18 who didn't sign this map, we know it's one (1) of Owen's 19 crew, but we don't know who, in the side of this knoll - 20 - see this knoll here? -- there are great quantities of 21 human bones. 22 A battle is said to have been fought near 23 it, between the Chippewas and the Senekies, contending 24 for the dominion of this country when the latter were 25 put to flight with great slaughter and driven across the

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1 river at Niagra. 2 So, in 1815 there are Aboriginal people, 3 Anishnaabeg people saying, we had a big fight with these 4 Iroquois. They call them Notaways, has something to do 5 with snakes, but anyway, sorry to any Haudenosaunee 6 present. 7 But this -- this date -- this battle 8 dates to the period between 1650 and 1670 and again, 9 this will give you your bearing here. 10 Now in 1670 the people weren't calling 11 themselves Chippewah -- 12 Q: Yeah, just before you begin -- 13 A: Yeah. 14 Q: On the storm before the calm, you 15 pointed out with your -- with the pointer, the round 16 area with some marks just to the right of the writing, 17 and that's where the knoll is? 18 A: Yes. 19 Q: Thank you. 20 A: On the north shore of the Thames 21 River. 22 Q: Yes. 23 A: And the -- the -- the reason I 24 included this material, then, is there is a very strong 25 oral tradition, in fact, in a number of communities

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1 around the Great Lakes including Saugine and Rice Lake 2 about the battles between the Haudenosaunee and the 3 Anishnaabeg and there's a place at -- in the mouth of 4 the River Saugine called Skull Mound which, again, there 5 are remains of a great battle. 6 And so there's a very strong oral 7 tradition around the contest that took place for -- for 8 lands in this area and in -- 9 Q: And this area again is the area 10 between -- 11 A: Yes. 12 Q: -- Lake Huron -- 13 A: Yes. 14 Q: -- Lake Erie -- 15 A: Yes. 16 Q: Bounded on the -- 17 A: Right. 18 Q: -- west by Lake St. Claire and the 19 St. Claire River. 20 A: Right, and here we have Niagra, and 21 so what the map is referring to is that the Senecees, 22 which were the western most of the Haudenosaunee -- 23 Q: Yeah. 24 A: Were pushed back into this area, 25 which is the area they occupied, then, for the balance

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1 of the -- of the French regime into the British period. 2 Q: And that's an area to the south on 3 this modern map, Exhibit P-5, of Lake Ontario? 4 A: Yes. 5 Q: Thank you. 6 A: So, there was this disruption in the 7 land that we're considering between Lake Erie and Lake 8 Huron, but within a matter of a few decades the 9 Anishnaabeg people assumed dominance. You have 10 Annishnaabeg then on both sides of the lands that are 11 separated by Lake St. Claire and the Haudenosaunee. 12 The Huron are gone now. The Petun are 13 living with Algonquian speaking peoples, they eventually 14 get called Huron, even though they're Tionnontates not 15 Wendat. And we'll see them again in the -- in the 16 Treaty era. Okay. 17 Q: Okay. Thank you. 18 A: There were a series, as I said, of -- 19 of battles, and the Iroquois, the Haudenosaunee suffered 20 a number of setbacks, and by the turn of the century, 21 the 1700s, the early 1700s, they were in a position of 22 suing for peace. And there was a -- actually before I 23 get to 1701, I need to go back in my report to one (1) 24 other thing. 25 So, at page 9 in my report, I talk about

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1 this land between Lake Huron and Erie being a -- a 2 contested land. And that the Algonquian speaking 3 peoples united to -- to push the Haudenosaunee out of 4 this region. 5 And the -- from the beginning of 6 Champlain's visit into the St. Lawrence and the Great 7 Lakes, he made an early and fast alliance with the 8 Anishnaabeg people, he proved himself as a warrior, when 9 he -- when he went on a campaign against the Mohawks at 10 Lake Champlain, and that was the first time those people 11 had seen gunfire, and -- and they were successful, well 12 from the Algonquian perspective, they were successful in 13 -- in the attack, and they took some prisoners. And 14 that earned them the -- the trust of the Algonquian 15 speaking people and the lasting emnity of the Iroquoian 16 speaking people. 17 And so throughout the French regime, 18 which starts in the Great Lakes in 1615, and goes 19 through to 1670, the French are very, very closely 20 allied to the Anishnaabeg and the English are closely 21 allied to the Haudenosaunee, so the English are south of 22 Lake Ontario, and the French otherwise control the Great 23 Lakes with their Algonquian allies. 24 And so there is one record which speaks 25 to this transition period between the destruction of the

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1 neutral settlement and the re-establishment or the 2 establishment of Anishnaabeg control. And that dates 3 from 1687 and it's document 4000429 in my collection, 4 and it's at page 10 of my report. And I refer to it 5 briefly. 6 The -- the French and the British both 7 were in the habit of making sweeping declarations of 8 possession in these territories, and there was only a 9 handful of them, and they were quite reliant on their 10 aboriginal allies. 11 The British made a declaration -- sorry, 12 the French made a declaration of possession in 1671, at 13 Sault Ste. Marie, and they were surrounded by thousands 14 of Anishnaabeg, and it's not clear what they told the 15 Anishnaabeg, but they said they claimed all the land on 16 -- in the King's behalf. 17 But they were also keen to claim the land 18 down to the south, because the fur trade -- the -- New 19 York -- the British were getting their furs from the 20 Iroquois hunting territories south of the Great Lakes 21 and on -- in New York from the Albany River, and they 22 took all their furs to Albany. 23 And the Anishnaabeg were getting their 24 furs all around the Great Lakes and taking them down the 25 Ottawa River to Montreal.

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1 And in the fight for furs and for 2 military control of the Great Lakes, this strait between 3 Lake Erie and Lake Niagara had very, very strategic 4 importance. 5 Q: Lake Erie and Lake Huron? 6 A: Sorry, Lake Huron. Between Lake Erie 7 and Lake Ontario's a difficult place because of Niagara 8 Falls, but you could actually make quite good time, 9 getting up to the fur trading country, coming in along 10 through -- through this area, the Lake St. Clair area. 11 And so when the French decided that they 12 wanted to have more of a presence here, they wanted to 13 keep the English from coming into this area and getting 14 to their furs in the Upper Great Lakes, so it was vital 15 for them to control this region between Lake Erie and 16 Lake Huron. 17 And so in 1687, they performed a ceremony 18 known as a Pris de Possession, a taking of possession, 19 and they say that they're asserting or reasserting or 20 re-establishing control over this region, not as against 21 the aboriginal people, but to keep the British out from 22 interfering with their fur trade interests. 23 And so the Pris de Possession is 24 interesting, because it speaks to the importance 25 strategically, of this region. But it also speaks to

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1 the French connection to the people who claim ancestral 2 rights in this region, because Sieur de La Durantaye, 3 who makes the Pris de Possession, says that he's doing 4 so on behalf of the King of France and also, this is at 5 the second paragraph on page 10: 6 "The Chaouannons and Miamis, who are 7 long time owners of the said lands of 8 the strait and of Lake Erie and from 9 which they withdrew for sometime for 10 their greater convenience." 11 That is to get away from the Iroquois, 12 Haudenosaunee aggression. 13 But in making this claim the French are 14 saying, look, we're allies with the people who have an 15 ancestral connection here. The Chaouannons is the 16 French term for the people that the British eventually 17 call Shawnee and the most famous Shawnee chief was 18 Tecumseh who united the tribes to stop the American -- 19 tried to stop the Americans from taking the land through 20 to the Mississippi. 21 They eventually came north and sided with 22 the British during the war of 1812 and, in fact, there 23 are descendants of Tecumse in almost every community 24 around the Great Lakes, myself included. One of my 25 grandmother's great grandfather, I won't go into all the

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1 details. 2 But, so what's interesting then is from a 3 19th Century perspective, you'd say oh, the Shawnees 4 came from Carolina. Well, they went to Carolina under 5 other pressures during the early French regime. But 6 there is a Shawnee Chaouannons connection to this region 7 just as when we saw the Jean de Fer, that's a -- that's 8 a connection with the Potawatomi . 9 And so, you have to be careful not to 10 just adopt a 19th or 20th Century perspective and say, 11 oh, these people are newcomers. If you have the full 12 time depth of -- of the record such as it is, you see 13 people revisiting and revisiting places. 14 Q: Thank you. 15 A: So -- so that's the prize de 16 possession. Miamis is another example, it's a name of 17 Anishnaabeg people who live primarily on the Miami River 18 but that doesn't tell us what their totemic identity is. 19 But they're on the Miami River which is 20 to the south of Lake Erie but they obviously have an 21 ancestral connection to this region. 22 Q: And on Exhibit P-5 you were pointing 23 to the lower left-hand side, south of Lake Erie when you 24 talked about the Miamis? 25 A: Referred to the -- the Miamis, yes.

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1 Q: Thank you. 2 A: So, we can move ahead then by as 3 early as the 1780s then the French are -- are trying to 4 solidify their position in southern Lake Huron and 5 relying on the claims of their aboriginal -- their 6 Anishnaabeg allies. 7 And by 1701 the Haudenosaunee are 8 prepared to make a peace and they go to Montreal. It's 9 a peace conference in August of 1701. It's hosted by 10 the Governor Callieres, C-A-L-L-I-E-R-E-S. And there 11 are representatives from twenty (20) or more nations, 12 both Algonquian speaking people as well as Iroquoian. 13 It was a very important treaty and it's 14 of most interest to me because it is the first surviving 15 document where you have ink and parchment used to 16 indicate totemic identity. 17 These are the earliest surviving recorded 18 Algonquian or Anishnaabeg totemic signatures or marks. 19 Now, they're not original in the sense that what we see 20 here is not what was drawn by the individual chiefs. 21 There were two (2) copies made of the 22 treaty. This is the one that was sent back. This is 23 the clerk's copy. It's like a duplicate original or a 24 certified copy that was sent to Paris to the -- to the 25 Marine Archives.

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1 The original we haven't -- I don't know 2 of any researchers that have been able to locate it. 3 But this is a contemporaneous copy made at the time that 4 the treaty was drawn and the clerk did his best to 5 reproduce the marks that he saw. 6 But he also, you'll see the text, there's 7 writing underneath the images and that writing helps to 8 make sense of the drawings in some cases. 9 So I've pulled up three (3) of the 10 signatures on this treaty to, again, reiterate that 11 totemic identity is how people represented themselves. 12 This is a very big deal. This is the first thing 13 probably any of these people had ever been asked to 14 sign. 15 And they don't sign with a representation 16 of their individual person or their individual name. 17 They sign with their totemic identity. So we have 18 Marque des amikois, which is "mark of the beaver" and 19 the Chief's name is Mahigan. And we know Mahigan lived 20 near the French River. 21 He was -- his village was displaced by 22 the early Iroquois wars. He eventually led a very 23 successful campaign against the Iroquois. The Jesuits 24 record his feast of the dead when he was honoured for 25 having defeated the Iroquois and pushed them back out of

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1 Lake Huron. 2 He's actually memorialized on the rock 3 paintings at the Agawa Canyon. So he's a fairly well 4 known personage -- beaver -- famous beaver chief. So 5 he's a -- he's a fairly well known personage, Beaver -- 6 famous Beaver Chief. 7 We also have Chief Wabanque, who signs 8 with the mark of the Rapids people, Marque des saulters, 9 so we know he's a Chief from Sault Ste. Marie. Some 10 people have said this is a crane, but in my experience 11 cranes have longer necks. I think it's a Plover. The 12 one (1) beside it is -- is a Heron, and it's the Marque 13 des Algonquian, probably the people known as Outchagoui 14 O-U-T-C-H-A-G-O-U-I. 15 And then we have the Marque des 16 mississagues, so these are the people who are living at 17 the mouth of the Mississagues River, and their symbol is 18 -- again, some people will say Eagle, some people say 19 thunderbird. Well, I'll show you more marks that I'm 20 more confident are Eagle. This -- this has some 21 relationship to some of the thunderbird marks I've seen 22 elsewhere. 23 So in this piece then again, it -- it 24 establishes the Anishnaabeg dominance in the lands, and 25 control of the lands north of Lake Ontario and Lake

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1 Erie, and on the basis of this Treaty, the French go 2 forward and build a fort at Detroit, which is on the -- 3 south of Lake St. Clair, on the west side of the Detroit 4 River. And so this is an important watershed event, but 5 again, the people are identifying themselves by their 6 totemic identity. 7 Now, the Treaty in Montreal was not the 8 only Peace Treaty that was signed, or not the only 9 documentation of the peace as between the Haudenosaunee, 10 and the Anishnaabeg people. 11 The traditional way of making peace in 12 the Great Lakes Region was by the delivery of Wampum 13 belts, and we'll look soon at the reproduction Wampum 14 belts I have from the Treaty of Niagara. 15 But Yellowhead carried a Wampum, 16 Yellowhead was a caribou chief or a reindeer chief, who 17 lived in the 1800s at Lake Simcoe and -- and the 18 narrows. And he attended a renewal council in 1840, and 19 the renewal council -- treaties in the aboriginal 20 perspective are living documents, they're actually 21 evidence of a relationship, and the relationship needs 22 to be constantly renewed. 23 And so every number of years the people 24 would come together and they would bring out their 25 belts, and they'll say, hey, do you remember when you

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1 said this, and they're going, yeah, I know, I admit 2 that's what I said, and this -- this is our 3 relationship. 4 So, in 1840 Yellowhead used the occasion 5 of a renewal council to read a Wampum belt that had been 6 delivered, I think even before the Treaty of 1701. He 7 doesn't give a precise date, but it's clear it's a 8 Wampum belt that was delivered by the Haudenosaunee, to 9 the Anishnaabeg, when they made peace and decided to 10 stop warring in the region. 11 And as I say, the belt itself, I 12 mentioned at the beginning today, the belt hasn't 13 survived, if it has, we don't know where it is, I've 14 been through hundreds of photographic images of Wampum 15 belts from various museums, and none of them match the 16 description is provided when Yellowhead reads this 17 Wampum. 18 But he had carried this Wampum probably 19 in his family for two hundred (200) years. He didn't 20 individually carry it, but Caribou had carried it for 21 probably close to two hundred (200) years. And at this 22 meeting, he -- he reads it. And you see the reading 23 reproduced at page 11 of my report. 24 And so I'd like to go through it, it's a 25 bit lengthy, but I think it says a great deal about the

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1 aboriginal understanding of what it means to make a 2 Treaty and the relationship between people and 3 territory. 4 So, this is Yellowhead in January of 5 1840, at a general council that's been held in his 6 territory, and they've invited representatives from the 7 six (6) nations, or the Haudenosaunee. And Yellowhead 8 reads the belt that was given to his ancestors by the 9 six (6) nations. So, the people who get the belt get to 10 keep it and read it, and the people who gave the belt 11 will then confirm whether or not that reading is -- is 12 an accurate representation. 13 So, this is Yellowhead's reading: 14 "Chief Yellowhead rose up and made a 15 speech and exhibited the Great Wampum 16 belt of the Six (6) Nations, and 17 explained the talk contained in it. 18 This Wampum was about three (3) feet 19 long and four (4) inches wide. It had 20 a row of white Wampum in the centre, 21 running from one (1) end to the other, 22 and the representations of Wigwams 23 every now and then." 24 I think that would be a triangle 25 probably,

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1 "And a large round Wampum tied nearly 2 in the middle of the belt, with a 3 representative of the sun -- 4 representation of the sun in the 5 centre. Yellowhead stated that this 6 belt was given by the Nataways." 7 That's our term for the Haudenosaunee: 8 "To the Ojibway --" 9 Anishnaabeg: 10 "-- many years ago. About the time the 11 French first came to this country. But 12 the Great Council took place at Lake 13 Superior." 14 Which is way over beyond Manitoulin. 15 Q: Beyond that -- 16 A: Yeah. 17 Q: -- P-5? 18 A: Sorry, I didn't have a map for the 19 whole -- the whole Great Lakes: 20 "Took place at Lake Superior. But the 21 Nataways made a the road or path and 22 pointed out the different council fires which were to be 23 kept lighted." 24 Council fires are a reference to a 25 governance structure, that where there's a council fire,

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1 that's where people have authority and that's where 2 people meet and make decisions. 3 And so they're saying at the beginning of 4 this peace process, the Iroquois walked -- made a path 5 from their country up to where they were meeting, and 6 then agreed who would be in these places at these 7 various council fires. 8 "that the -- the first marks on the 9 Wampum represented that a council fire 10 should be kept burning at Sault St. 11 Marie." 12 And again, that would be in the Strait that separates 13 Lake Huron from Lake Superior. 14 "The second mark represented the 15 council fire at the Manitoulin Island, 16 where a beautiful Whitefish was 17 placed." 18 And so that's why I've put an image of a fish, that's 19 actually a Pike icon, a signature by someone who's from 20 a Pike Tribe, on the south shore of Manitoulin. 21 Now in this rendition of what -- what -- 22 Yellowhead's speech, he says the translator says 23 Whitefish, but there's another version of this same 24 speech and it says Pike, and actually Pike rings truer 25 from other documents that -- that I've seen.

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1 I've put the Crane up at Sault St. Marie 2 because we know -- we know there were Cranes there at -- 3 at that time. But what they say is the sun was actually 4 put up there, 'cause that's where the meeting was held, 5 and when you say the sun is shining on something, the 6 sun, the brightness, the white, speaks the truth and 7 things being done in -- in a good way. 8 So, we have the Pike or the Whitefish at 9 Manitoulin Island: 10 "who should watch the fire as long as 11 the world stood." 12 So the council fire is there, the people are there, and 13 the people have an obligation to stay in that place. 14 There's a connection between people and place and 15 authority and decision making and responsibility for 16 territory. 17 "The third mark represents the council 18 fire placed on an island opposite 19 Penetanguishene Bay, on which was 20 placed a Beaver to watch the fire." 21 So, again, the Beaver is a reference to 22 the humans, the -- the villages that are there on 23 Penetanguishene Bay, over here, he wouldn't fit in 24 Penetanguishene Bay, so I've got him taking up most of 25 Georgian Bay. But you get the idea.

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1 So the Beaver's at -- on Penetanguishene, 2 and again, the -- the image speaks of the Beaver, but 3 it's the Beaver people, they've got a village, they've 4 got a council fire, they've got authority, they've got 5 responsibility for the territory. 6 "The fourth mark represents the council 7 fire lighted up at the narrows of Lake 8 Simcoe, at which place was put a White 9 Reindeer." 10 Now, there are two (2) kinds of Reindeer 11 in Canada, there's the Tundra Reindeer and the Woodland 12 Reindeer and the White Reindeer refers to the Woodland 13 Reindeer, whose historic range came across in -- into 14 Georgian Bay. 15 "To him the Reindeer was committed the 16 keeping of this Wampum talk. At this 17 place, our Fathers hung up the sun, and 18 said that the sun should be a witness 19 to all that had been done, and that 20 when any of their descendants saw the 21 sun, they might remember the acts of 22 their Forefathers. At the Narrows, as 23 our Fathers placed a dish with ladles 24 around it, and a ladle for the Six 25 Nations, who said to the Ojibwes, that

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1 the dish or bowl should never be 2 emptied, but he, Yellowhead, was sorry 3 to say that it had already been 4 emptied, not by the Six Nations on the 5 Grande River, but by the Caucanawaugues 6 residing near Montreal." 7 There was actually considerable conflict 8 in the 1820's and '30's with people coming from the 9 Quebec region and hunting in the area of the 10 Anishinaabeg, and Yellowhead was involved in -- in some 11 of those conflicts, in terms of petitions and speeches. 12 But it is important to recognize that 13 different Dodaims have different functions here. It's 14 the Caribou people that are keeping the Wampum and that 15 have the responsibility to read it. And the reference 16 to a bowl with one spoon is -- is one of their metaphors 17 for the peace, because this area was important for 18 Beaver hunting and, they had fought partly over that, 19 and when the Iroquois agreed to stay south of Lake 20 Ontario, they agreed that there would be a bowl, that's 21 the hunting territory, but there would only be one 22 spoon, and there would no knives, because if you have 23 knives, people might hurt each other. So there was a 24 bowl with one spoon, but the spoon was for the Ojibwe. 25 And when they had agreed, if ever the

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1 Haudenosaunee had to come into the territory to conduct 2 business, then they could eat and hunt in the territory, 3 but otherwise, they weren't supposed to. 4 So, again, this metaphor speaks to 5 territoriality, to control of resources, and to 6 agreements between peoples with respect to territory. 7 "The fifth mark represents the council 8 fire, which was placed at this River 9 Credit..." 10 I'm sorry, the meeting was held at the River Credit, not 11 at the -- do people know the Credit River, Mississauga - 12 Q: Yes. 13 A: -- near Toronto? Yes. There was a 14 reserve there, well it was Mississauga land for a long 15 time and then there was a reserve. The reserve is gone, 16 they now live in Hagersville within the boundaries of 17 the Six Nations Reserve. 18 "But they were at the River Credit and 19 at the River Credit there was a 20 beautiful White Headed Eagle, was 21 placed upon a very tall pine tree. In 22 order to watch the council fires and 23 see if any ill winds blew upon the 24 smoke of the council fires." 25 So the eagle is considered to be one of

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1 the best-sighted of all the animals and flies the 2 highest and the fact that he was on a pine tree here so 3 he can see what's happening all through the region going 4 this way. 5 The Mississaugues also had the longest 6 and closest relationship with the Haudenosaunee because 7 they were on the border. And so because they were 8 situated there, they could communicate to the 9 Haudenosaunee as well as to the people in around -- 10 Q: By "there", you mean the north shore 11 of Lake Ontario, the western end of Lake Ontario? 12 A: Yes, sorry. 13 Q: Modern day Mississauga and Toronto 14 area? 15 A: Yes. 16 Q: Thank you. 17 A: Fort Credit to be precise -- 18 Q: Fort Credit. 19 A: -- and the mouth of the Credit 20 river. Yeah. 21 So the white-headed eagle then is 22 responsible for this -- for this territory and 23 maintaining communication between the Algonquian 24 speaking peoples and the -- the Haudenosaunee. 25 "A dish was also placed at the Credit

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1 that the right of hunting on the north 2 side of the lake was secured to the 3 Ojibwes and that the Six Nations were 4 not to hunt here, only when they came 5 to smoke the pipe of peace with their 6 Ojibwe brethren. The path on the 7 Wampum went from the Credit over to the 8 other side of the lake to the country 9 of the Six Nations. Thus ended the 10 talk of Yellowhead and his wampum." 11 So this -- this reading speaks to the -- 12 to the peace, it speaks to the territorial claims of the 13 Anishnaabeg people in the lands on the north shore of 14 Lake Erie, Lake Ontario, and around Lake Huron. 15 Q: Thank you. 16 A: So the conflict though between the 17 French and the British didn't dissipate. It flared up 18 into open warfare on occasion and the Iroquois 19 Haudenosaunee stayed allied with the British and the 20 Anishnaabeg with the French. 21 And so the post -- maybe I'll stand up 22 for this too, it's a bit hard to see. The post at Fort 23 Detroit -- Fort de Detroit then became very important in 24 maintaining French control over the fur trade and the 25 upper lakes and keeping the British out of this region

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1 because the British had a fort on the opposite of the 2 Sault Ste. Marie and another one over at Oswego and then 3 down -- down into New York. 4 So, Fort de Detroit was very important 5 for the French and the Anishnaabeg presence along the 6 north shore of Lake Erie and -- and around Lake Huron. 7 Q: Excuse me, Professor Johnston, you 8 said that the British had a fort at Sault Ste. Marie? 9 A: No, no. Opposite the Sault of 10 Niagra, right there. 11 Q: The Sault of Niagra. Thank you. 12 A: So, no, they don't get to Sault Ste. 13 Marie until -- 14 Q: That's what I thought. 15 A: -- quite a bit later. 16 Q: I misunderstood. 17 A: 1790s. 18 Q: Yeah. 19 A: So, okay. When the fort was built 20 here at Detroit, again, it was with the permission and 21 the assistance of the various Algonquian speaking 22 tribes. And very early on -- the fort, in fact, 23 couldn't have been built without their assistance and 24 the people who lived in the fort were supplied with -- 25 with game and with fish and -- and militarily supported

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1 by -- by the tribes who came to live around the fort. 2 And Cadillac, La Mothe -- Sur la Mothe de 3 Cadillac, it's just like it sounds, Cadillac, there's a 4 lot of cars named after people from -- from this time. 5 Pontiac is a famous Ottawa war chief. We're going to 6 see him in a few minutes. 7 But, anyway, the Fort de Detroit was 8 built here by 1702, 1703 and Cadillac, who was the 9 French commander in charge of the fort, was interested 10 in having as many aboriginal Algonquian speaking allies 11 living there as possible. 12 And so there had been a very large 13 establishment up at Mishlamakinaw and the Jesuits who 14 had an establishment there were very keen to keep their 15 Indians out of the fur trade area because there's lots 16 of brandy and other stuff that went on there. 17 So there's a real struggle between 18 Cadillac and the Jesuits between whether the people 19 would stay up north or -- or come back to -- to this 20 territory. 21 And so there's a lot of correspondence 22 between Cadillac and the French Colonial authorities and 23 he writes one very famous letter where he talks about 24 setting up the fort and persuading the people to come 25 back into this region to resettle this region.

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1 And he speaks of himself as a modern day 2 Moses. He says, bringing these people back to their -- 3 their ancestral homelands where the vagaries of war had 4 driven them from their -- only a generation earlier, in 5 some cases, not more than twenty (20) or thirty (30 -- 6 thirty (30) years. 7 So his report from 1703 is in my 8 report... 9 Q: Page 12. 10 A: Page 12. And he says he's persuaded 11 the Sauteurs and the Mississaugues to form a village 12 near the fort and he characterizes their relocation as a 13 return to ancestral lands. 14 Now this is a map that dates about 15 fifteen (15) years after Cadillac's report, but you can 16 see what he's talking about. We have the fort here on 17 the western shore of the Detroit River and there's a 18 village right close to fort and the people are 19 Poutouatamies. 20 And remember, that's where the Gens de 21 Feu were before the conflict with the Iroquois. 22 Then, to the north of Poutouatamie, 23 there's an indication of a Huron village and, again, 24 these people are called Huron but they weren't from 25 Huronia. They were the Petun who called themselves

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1 Tionnontate who, when they came back, got called Huron 2 'cause they spoke a Huron language. 3 This map, by the way, is made a French 4 map maker, Chaussegros De Lery, C-H-A-U-S-S-E-G-R-O-S 5 and then D-E and then Lery is L-E-R-Y. 6 And De Lery, there's people named De Lery 7 in some communities in this area. I think there's a 8 connection with the -- anyway. Sorry. So Chaussegros 9 De Lery made this map and he shows the forts and -- and 10 the settlements. 11 And so north of the Potawatamis on Lake 12 St. Clair we have the Hurons who are, again, not the 13 people from Huronia, but the Petuns who had co-wintered 14 with the Algonquian speaking peoples. 15 On the south shore of Lake St. Clair on 16 the east side of the Detroit River we have people who 17 the French call Outaouas. And then when you go up the 18 river to the entrance of Lake Huron, there's a village 19 of Mississaugues Sauteurs. 20 Now, none of these names are totemically 21 diagnostic in the sense of there are a number of clans 22 of people who get designated by their French as 23 Outaouacs, the Potawatemis also have a number of -- of 24 dodaimic groups. 25 The Missisaugues are probably eagle. The

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1 records suggest that and the Sauteurs are probably 2 crane. But that's as much as we can -- we can say at 3 this point. 4 But by -- by the early 1700's then, you 5 see this is actually again a fairly populated area and 6 there are Potawatamis, Outaouacs, Mississaugues and 7 Sauteurs. 8 The people that the British would 9 eventually call Mississaugues, Chippewahs, Ottawas, 10 Potawatemis. They're -- they're all here. 11 In terms of trying to make the 12 connections between the peoples who are living in the 13 straights that separate Lake Huron from Lake Erie from a 14 totemic point of view, we need to look again to the 15 Jesuit relations. 16 There is a Jesuit relation by Henri 17 Nouvel from 1676, actually, and he had worked initially 18 with people up on the north shore of Lake Huron. 19 He had -- he had encountered and baptised 20 some Amikois and people in -- in this region and in 1676 21 he's visited by people and they say, we're going to 22 spend the winter down on Lake Erie, hunting beaver. 23 And so there are beaver people in this 24 region, south of Lake Erie, as early as the 1670's. 25 Q: You said 17 -- 1776, you meant --

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1 A: I'm sorry. 2 Q: 1676. 3 A: 1676. It shows up in my report at 4 Page 12, the last paragraph. So we have beavers on the 5 south shore of Lake Erie in the 1670's. I make an 6 educated guess, a -- probably an opinion, that -- 7 express the opinion that the Mississaugues are at least 8 some eagles and the Sahtus are at least some cranes. 9 Now, because the -- the French were still 10 interested in -- in their allies from a military point 11 of view, they actually kept fairly good maps and fairly 12 good records of the number of warriors in the region. 13 And in 1736 there was an enumeration of 14 the list of warriors around the Great Lakes who the 15 French could count on to carry arms. And the 16 enumerator, who -- the document is not signed. It 17 appears as Document 4000435, the enumerator went to each 18 of the main areas around the Great Lakes and said, how 19 many people, how many men were living in the villages 20 that were capable of carrying arms and what their 21 totemic identity was. 22 And so he says among the Potawatemi at 23 Detroit there are a hundred and eighty (180) warriors. 24 If there's a hundred and eighty (180) warriors, you know 25 there -- that's men of fighting age, you're going to be

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1 younger men than that in the village, older men than 2 that as well as all the women and children. 3 So you have to multiply the -- the number 4 of warriors considerably to get a village population. 5 But in the village of the Potawatami 6 there's a hundred and eighty (180) warriors, and their 7 marks are the Golden Carp and the Frog. And again, then 8 at the Huron village there are a hundred and eighty 9 (180) warriors. This is the one (1) group for whom the 10 enumerator doesn't list their totemic identity, the 11 Hurons and the Petuns did have dodaims, and we'll see 12 some of them on the first land Treaty in 1790. 13 Then the Ottawa village, which we have 14 here, the warriors are primarily Outaouasinagouek, Black 15 Squirrel. 16 Q: And that's -- here is just south of 17 Lake St. Claire, where it's marked on the -- 18 A: Yes, where it's marked as an Ottawa 19 village. And then when you go north of Lake St. Claire, 20 up to the entrance of Lake Huron, the enumerator speaks 21 of a village of Mississagues with sixty (60) warriors, 22 and he says that their marks is that of the Crane. 23 So, we know now then, talking about 24 people in this region in this period, we have Crane 25 People, Black Squirrel People, Carp and Frog and -- and

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1 Beaver People. 2 And this again will become important when 3 we get to the Treaty era, because we'll see how people 4 are signing and identifying themselves, and it ties us 5 back into the early -- early contact period with the 6 origin stories and the peoples that were surrounding the 7 Great Lakes. 8 So, this again then is a very strategic, 9 it's an important area, it's well mapped by the French, 10 it's well populated, and we can tell from the French 11 record that there are Algonquian speaking people from 12 various totemic groups. You'll notice there's no 13 Chippewas. 14 The French didn't use the term Chippewa, 15 and the people who today are called Chippewa didn't use 16 the term Chippewa. So, if you were to look at this map 17 and say, oh, there's no Chippewas, where did these 18 people come from, you get an impression that somehow if 19 the name isn't there, there's a concern that the people 20 weren't there. 21 There's always been people in this 22 region, and there's always been an Algonquian speaking 23 people in this region, but the terminology that gets 24 used in the Treaty period, is not the terminology that 25 was used in the early -- in the early period.

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1 The French used, as I said, sauteurs for 2 most of the people whom the British would later call 3 Chippewa and Ottawa -- for Outaouac for Ottawa and 4 Mississauga, the British called the Mississagues. 5 Mississagues; they're the only people that keep their 6 name for four hundred (400) years, I don't -- I don't 7 know how they managed to do that, even though they -- 8 they make -- they're -- they're both on the north shore 9 of Lake Huron and the north shore of Lake Ontario. 10 So, we're drawing to the close of the 11 French regime. Should we start the British Regime? 12 Q: Yes. 13 A: Okay. So, the -- maybe I'll sit down 14 again. 15 MR. DERRY MILLAR: Maybe we'll take a -- 16 maybe it would be a good time for a break. 17 THE COMMISSIONER: Between the French and 18 the English? 19 We'll take a short break now. We'll take 20 fifteen (15) minutes. 21 MR. DERRY MILLAR: Thank you, 22 Commissioner. 23 THE COMMISSIONER: We'll take fifteen 24 (15) minutes. 25 THE REGISTRAR: All rise please. This

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1 Inquiry will recess for fifteen (15) minutes. 2 3 --- Upon recessing at 3:30 p.m. 4 --- Upon resuming at 3:45 p.m. 5 6 THE REGISTRAR: This Inquiry is now 7 resumed. 8 9 (BRIEF PAUSE) 10 11 CONTINUED BY MR. DERRY MILLAR: 12 Q: Okay, now turning to the -- the 13 British? 14 A: Yes, the -- the record that we've 15 been looking at so far is from the -- first of all the 16 oral tradition and the origin stories of the Great 17 Lakes, and then we looked at the French Regime which 18 started with Samuel de Champlain in 1615 and went 19 through to about 1760. 20 And, as I said, the Algonquian speaking 21 people, the Anishnaabeg had been, from the beginning, 22 allied with the French and the Haudenosaunee with the 23 British. And the British and French conflict for 24 control of North America came to a peak in the Seven (7) 25 Years War which started in 1756.

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1 Quebec fell to British forces in 1759 and 2 Montreal fell in 1760. Now, the French had a number of 3 forts on the Great Lakes which they'd built and 4 maintained with the assistance of their Anishnaabeg 5 allies. When Montreal fell they could no longer 6 maintain those forts with supplies or soldiers and so 7 the -- the various forts were surrendered. 8 And there was not an immediate peace 9 after 1760 because Britain and France were still at war 10 in Europe and the peace didn't actually get concluded 11 between Britain and France until the Treaty of Paris in 12 February of 1763. 13 So there was a period of time between 14 1760 and 1763 when there was no longer a French presence 15 on the Great Lakes but there were very, very small 16 British forces, like dozens, handfuls of people at the 17 various forts. 18 And the Algonquian speaking people, the 19 Anishnaabeg, were waiting to see what -- what the French 20 would do. The British had a very bad reputation in the 21 Great Lakes region among Aboriginal people, apart from 22 the Haudenosaunee, because their history in the eastern 23 seaboard colonies, they had a bad reputation for 24 stealing land and for lying and other things. 25 And so the Anishnaabeg were very

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1 reluctant, in fact, to have any formal relationship. 2 And so when the -- when the French left the posts, the 3 British did send in these very small garrisons but they 4 didn't make any kind of peace arrangements with the 5 Hauden -- with the Anishnaabeg people. 6 And there was an English man, his name 7 was Alexander Henry, he was a trader, a merchant who 8 lived in Montreal and as soon as the French left the 9 Great Lakes, most of the soldiers went back to France, 10 he decided to -- to go and begin trading in the Upper 11 Great Lakes. 12 So he has the distinction of being the 13 first Englishman into the Great Lakes region that was 14 still in the control of the Anishnaabeg people. And so 15 Henry travelled up the Ottawa River and across the north 16 shore of Lake Huron to Michilimackinac which you will 17 recall was our -- the centre of the creation story and 18 the straights that separate Lake Huron from Lake 19 Michigan. 20 Now, Henry kept a journal of his travels 21 and so this is the first English record. We've had the 22 Jesuits keeping records and Champlain keeping records in 23 French but this is the first English record of a visit 24 into the Upper Great Lakes region. 25 And Henry wasn't very well received when

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1 he went into the region. In fact, people warned him 2 when he got to the north shore of Lake Huron that he 3 should dress up like a voyageur because if he was still 4 dressed like an Englishman he wouldn't -- he would -- 5 would be at risk for his life. 6 So he -- he changed his -- his costume. 7 But when he got to Michilimackinac he had a meeting with 8 what he called a Chippewa chief. Again, the term 9 Chippewa, Ojibwe, is introduced by the British at the -- 10 the beginning of this period. 11 So there was a Chippewa Chief Minavanana. 12 Henry doesn't tell us what his totemic identity was. 13 And Minavanana made a very impassioned speech to Alex 14 Henry when they met in 1761 and this speech is recorded 15 in Henry's journal and it's document four hundred -- 16 sorry, 4000436. 17 And it shows up at page 13 of my report. 18 It's actually a very, very long speech and I only 19 excerpted one -- one paragraph. But Minavanana scolds 20 Henry for coming into the territory without an 21 invitation. 22 He's actually shocked that he had the 23 nerve to -- to travel this far. And he reminds Henry 24 that the British haven't dealt with any of the 25 formalities that are required in the Anishnaabeg

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1 protocol of war and peace for entering the territory. 2 And so this slide shows the excerpt 3 Englishman, this is Minavanana speaking to the first 4 English visitor. 5 "Although -- although you have 6 conquered the French, you have not yet 7 conquered us. We are not your slaves. 8 These lakes, these woods and mountains, 9 were left to us by our ancestors. They 10 are our inheritance and we will part 11 with them to none." 12 And so what you see here is a sense that 13 the British represented a threat in the region to 14 people's lands, because they had the reputation of 15 unscrupulous land dealings in the Thirteen Colonies, and 16 that the British really shouldn't be coming into this 17 region unless they made a formal relationship. 18 In another part of his speech, Minavanana 19 says, you know, we've been at war with you, we have lost 20 warriors, you have to pay compensation, there was a 21 protocol of giving presents, they were said -- the 22 presents were said to cover the dead, so that people 23 would feel that they had resolved and recouped, somehow, 24 their losses. 25 So he was saying, you know, why are you

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1 here, you have no treaty with us, we're at war with you, 2 you -- your king has not made its presence, we can't 3 begin to have a relationship until our dead are covered 4 and we've -- we have a formal agreement. 5 So, Henry, actually begrudgingly earns 6 their respect, because he did have the nerve to travel 7 unarmed, virtually, into this region, and he stays in 8 the Great Lakes for a couple of years and while he's 9 there, news arrives in the Great Lakes region, that the 10 French King has signed a peace with the English King, 11 and that's the Treaty of Paris, 1763. 12 And there the French King gives up all 13 his possessions or claims to lands in the British North, 14 what became known then as British North America. And 15 the Anishnaabeg allies were shocked. They -- they had 16 been saying and even Minavanana says, our Father, our 17 French Father's asleep, but he's going to wake up soon, 18 and when he does, you're -- you're going to feel his 19 wrath. 20 So, they -- they were very discouraged I 21 suppose, or disheartened, that the French had given up. 22 They weren't going to fight any more to have a place in 23 the Great Lakes. And that's the point in time, then, 24 when the Anishnaabeg decide that they will have to take 25 care of the British on their own.

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1 And so in 1763, Pontiac, who's an Ottawa 2 War Chief, there's indications that he was a member of 3 the Wolf Clan, actually. He leads a united campaign 4 across all the Great Lakes to displace the British from 5 the forts and in fact in nine (9) of the eleven (11) 6 forts, the British garrisons have to flee. 7 Henry happens to be at Michilimackinac 8 and all when that fortress falls. He escapes with his 9 life and is adopted by a family, headed by a man named 10 Wawatam, and so he continues to travel in the region, 11 and -- and write. We'll see him again when we look at 12 some burial documentation. 13 But, Pontiac went to war because the 14 French had made a treaty with -- the British had made a 15 treaty with the French but they hadn't made a treaty 16 with the aboriginal people and they hadn't made peace. 17 And the British then, had to turn their attention to the 18 Great Lakes, because their forts were under siege, 19 Detroit was under siege, the -- the rest of them had -- 20 had fallen. 21 And there were now attacks on -- on their 22 frontiers of their settlements and they had to decide if 23 they, now that the French were out of the picture, how 24 they were going to reconcile themselves to the people in 25 control of the Great Lakes, who were the Anishnaabeg.

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1 And so the King was advised by his Board 2 of Trade, who were in charge of the colonies, that he 3 should issue a proclamation; and this is known today as 4 the Royal Proclamation. This is a copy of the initial 5 poster, the initial, the original broad sheet, that was 6 published in London in October of 1763. 7 And the King does a number of things in 8 his proclamation. The King is George III, George R., 9 which stands for George Rex, they say by the King of 10 Proclamation. And he makes arrangements for, now that 11 the treaty has been signed with France, he now has a new 12 colony of Quebec, he has new colonies in Florida, east 13 and west Florida, he also has a colony in Grenada. 14 So, he wants to make provisions for this 15 new colony, these new colonies. But he also has this 16 problem of war on his hands, with the Great Lakes 17 people, the Anishnaabeg. And so the first part of their 18 proclamation refers to the forms of governments he's 19 going to set up, and then he turns his attention to the 20 problems in the Great Lakes. 21 And this document is Document 4000438. 22 People are, I think, by enlarge, familiar with the terms 23 of the Royal Proclamation? Well, Aboriginal people are, 24 I ... 25 Q: You might just outline that.

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1 A: Okay. This -- this document has 2 been called the Magna Carta of the Indians of Canada. 3 This is the first constitutional document. It's still 4 part of the laws of Canada. It gets appended or it's 5 appendixed to the revised Statues of Canada. 6 And the King -- almost more than a third 7 of this document, in fact, pertains to the relationship 8 between the King and the Indians in the -- in the Great 9 Lakes. And he -- he acknowledges that something has to 10 be done. He doesn't name Pontiac by name and he doesn't 11 refer to the war specifically, but he says: 12 "Where it is just and reasonable and 13 essential to the security of our 14 interests and of our colonies." 15 So he can't have peace, he can't have 16 security, he can't take advantage of this surrender he 17 got from France, unless he has a peaceful relationship 18 with the Indian nations. 19 And so then he says that -- one (1) of 20 the questions was, how big would the colony of Quebec 21 be? Now I have a map, I think, in my documents ... 22 23 24 (BRIEF PAUSE) 25

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1 A: Tab 7. 2 Q: Tab 7. 3 A: I'm sorry, this is one slide that 4 didn't make it -- I'm pretty sure it didn't make it into 5 the PowerPoint, no -- 6 Q: It's Document Number 4000438. 7 A: Yes. This is actually a map that I 8 downloaded from the National Archives site they're 9 making of Canada and it attempts to demonstrate the 10 territories that were set up by terms of the Royal 11 Proclamation. 12 Now, New France had been very extensive. 13 It had covered the -- most of the Great Lakes, at least 14 as far west as the -- as the Mississippi. And 15 initially, the King was advised to make the new colony 16 of Quebec as big as the -- the French colony of New 17 France. 18 The problem with the French colony of New 19 France is it wasn't like the English colonies. It 20 wasn't densely settled. There was dense settlement 21 along the St. Lawrence, but the upper country, the Great 22 Lakes, was mostly just occupied by Aboriginal people. 23 There were a few settlements, one at 24 Detroit and one at Michilimackinac but virtually there 25 was no colonial infrastructure apart from the fur

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1 trading forts and -- and -- and -- the fur trading posts 2 and the forts. 3 So, the King had initially thought of 4 saying, okay, we'll call the whole thing Quebec. 5 Everything from the St. Lawrence all the way over to the 6 Mississippi and covering all the Great Lakes, but then 7 there was Pontiac's war to contend with. 8 And so, he decides, and he's advised by 9 his advisors for the Royal Proclamation, that they 10 shouldn't disturb those Indians that are in the Great 11 Lakes because they don't like to be disturbed and 12 they've gotten in trouble already for having done so. 13 So he says that Quebec is actually going 14 to be quite small. Quebec would be mostly what modern 15 day Quebec is, as well as come down -- you can see on 16 this map -- Quebec was just going to follow closely the 17 banks of the St. Lawrence and up to a line almost at 18 Lake Nippissing and then back down, down to around 19 Cornwall. 20 So that was going to be the -- the 21 western limit of the colony of Quebec and the rest, he 22 said, oh, we're going to leave that alone for now. He 23 said, whereas -- it's hard to read on this -- what -- 24 sorry. I've lost my place. 25 Whereas it is just -- I'll show you where

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1 I am reading, you won't be able to read it, but -- 2 sorry, the second column of the broadsheet. The first 3 really -- 4 Q: That's Document 400438 in -- 5 A: Yeah. So right now, I'm going to 6 read from the text to the Royal Proclamation for those 7 of you who aren't familiar with it. 8 "And whereas it is just and 9 reasonable..." 10 So they sound like a good guy, but really 11 it's because of Pontiac's war threatening everything, 12 "...and essentially" -- 13 Q: And you're translating the old -- 14 older English into modern English. 15 A: Well, I'm reading it -- sorry, I'll 16 read it as it appears -- 17 Q: Yeah. 18 A: Sorry, and then I'll provide some 19 commentary later. 20 "Whereas it is just and reasonable and 21 essential to our interest and the 22 security of our colonies that the 23 several nations or tribes of Indians 24 with whom we are connected and who live 25 under our protection should not be

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1 molested or disturbed in the possession 2 of such parts of our dominions and 3 territories as not having been seated 4 to or purchased by us, are reserved to 5 them or any of them, as their hunting 6 grounds. 7 We do therefore, with the advice of our 8 Privy Council, declare it to be our 9 Royal will and pleasure that no 10 Governor or Commander-in-Chief in any 11 of our Colonies of Quebec, East Florida 12 or West Florida, to presume upon any 13 pretense whatever, to grant warrants of 14 survey or pass any patents for lands, 15 beyond the bounds of their respective 16 Governments as described in their 17 Commissions. And also..." 18 Sorry, the print is so small, I'm losing 19 my place. 20 Q: Is that now Governor or Commander- 21 in-Chief? 22 A: "... Chief of any of our other 23 colonies or plantations in America, 24 to presume for the present and until 25 Our further pleasure be known, to

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1 grant warrants of survey or pass any 2 patents for any lands beyond the 3 heads or sources of any of the 4 rivers which fall into the Atlantic 5 Ocean from the west and northwest, 6 or upon any lands whatever, which 7 not having being ceded to or 8 purchased by us as aforesaid, are 9 reserved to the said Indians." 10 So, now I'll try to put that into -- into 11 plain language. 12 The way the -- the British controlled 13 their settlements, and they were -- they were quite 14 methodical in this, they didn't want a free for all of 15 settlers running out into Indian country, because that 16 was likely to provoke a war, and they also wanted to 17 have control where the settlements were, and have 18 control over the manufacturers and trade and everything 19 else. 20 So the British, when they would come into 21 a new territory, would send their surveyors out first. 22 The survey needed a special -- the Surveyor General, the 23 official Government survey needed a special warrant from 24 the Governor before he could do the survey. 25 Once the land was surveyed and divided up

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1 into nice little parcels, then they would issue patents 2 to that land. They would give the Title to Land to the 3 settlers. So the British rule was: no settlement 4 before survey, no survey without the Government ordering 5 the survey. 6 And so what the King is saying, is I'm 7 reserving this country, everything -- everything west of 8 Quebec and then the eastern colonies, the Seaboard, the 9 thirteen (13) colonies on the eastern seaboard, 10 everything west to the Rocky Mountains is Indian 11 country. And the Governors don't have any power there, 12 they're not allowed to send any surveyors in, they're 13 not allowed to let any settlers go into those countries. 14 And he describes it by reference to the 15 watersheds and also by reference to the idea: 16 "wherever we haven't bought the land, 17 where they haven't been purchased or 18 ceded...," 19 cede, C-E-D-E, is a -- a word, the noun would be cession 20 if you cede someone, if you -- a cession, make a cession 21 or a surrender. 22 So he's basically saying: Anywhere 23 outside the settled colonies where there's no purchase 24 and no surrender, those are Indian lands, they're 25 reserved to the Indians, and the settlers and the

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1 surveyors and everyone else has to stay out. 2 And so the map, at Tab 7, shows the so- 3 called Indian Territory, and -- a huge block of land 4 west of the thirteen colonies and the Province of Quebec 5 and south of Rupert's land on the -- on the Hudson's 6 Bay. 7 And so then the King goes on to say, 8 basically that territory is -- some people call it the 9 100 percent reserve, there's not supposed to be any 10 surrenders in there, there's not supposed to be any 11 settlers in there, he says: If anybody has unwittingly 12 settled in there, they have pick up and move back to the 13 settled colonies. 14 So he's telling all his loving subjects, 15 and it's important to remember the Proclamation was not 16 directed to the Indian Nation, so much as to the Kings' 17 Loving Subjects, they're being told: This is a no-go 18 zone, and if you're there, come back, because we want to 19 keep the peace. 20 And then what he also promised is that 21 within the settled colonies, either of Quebec or the 22 Thirteen (13) Colonies, that there had to be new rules 23 around surrenders, because that's why, or around 24 treaties, that's partly why the Algonquian speaking 25 peoples didn't trust the British, is because there had

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1 been lots of problems with -- with treaties in the 2 Thirteen (13) Colonies. 3 And so in the second last paragraph, 4 right around here, he speaks to the treaty process that 5 will go into the settled colonies. He says: 6 "And whereas great frauds and abuses 7 have been committed in purchasing the 8 lands of the Indians, to the great 9 prejudice of our interest and the great 10 dissatisfaction of the said Indians, in 11 order, therefore, to prevent both 12 irregularities -- such irregularities 13 for the future, and to the end that the 14 Indians may be convinced of our justice 15 and determined resolution to remove all 16 reasonable cause of discontent, we do 17 with the advice of our Privy Councils, 18 strictly enjoin and require, that no 19 private person do presume to make any 20 purchase from the said Indians of any 21 lands reserved to the said Indians 22 within those parts of our colonies 23 where we have thought proper to allow 24 settlement. But that if at any time 25 any of the said Indians should be

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  1                   inclined to dispose of the said lands,
  2                   the same shall be purchased only for us
  3                   in our name at some public meeting or
  4                   assembly of the said Indians to be held
  5                   for that purpose."
  6                 Part of that's blocked out there in my
  7  copy, but I think John's also supplied a text to the
  8  Royal Proclamation.
  9                 So, what he's saying there is, when -- in
 10  order to control the relations between the Indians and
 11  settlers, the Crown is putting itself in between; that
 12  private people are not going to be able to go to any
 13  aboriginal community and try to buy their land because
 14  that's what leads to these deals going wrong and people
 15  getting angry and conflicts erupting.
 16                 And so the Crown very consciously places
 17  itself in between the Indian nations and the settlers,
 18  and no private people are allowed to buy lands.  Some
 19  people call this a Crown monopoly on purchase.
 20                 And it's meant to prevent settlers from
 21  going into a territory before the Crown does, before the
 22  survey process.  The other thing that's very important
 23  about this provision, apart from the Crown monopoly, is
 24  that it's not up to the Crown when lands get
 25  surrendered.

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1 It's if the Indians are inclined to 2 dispose of their land. I call this the consent 3 provision. The King is promising, first of all, he'll 4 stay out of Indian country. Then, in the settled areas, 5 if there are people that are inclined to dispose of 6 their land, it shall be up to them and they'll do it at 7 a public meeting and only with the King's 8 representatives. 9 And so the hope is by -- at the time, 10 that by building in these protections the -- there would 11 be no more irregularities that would lead to conflict in 12 dealings with lands. 13 So, this Royal Proclamation was issued by 14 the King in London in October of 1763. Now, the King 15 hoped that this would bring peace to the Great Lakes 16 region, but it can't happen on its own. This is a 17 proclamation that's directed to the King's Loving 18 Subjects, but somebody in the Great Lakes region has to 19 tell the people that there are these efforts that are 20 being made to address their discontent and to satisfy 21 their concerns. 22 And so a copy of the Royal Proclamation 23 is sent to Sir William Johnson he -- no relation, he's 24 the head of the -- of the British Indian Department at - 25 - in -- in the United States, sorry, it wasn't called

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1 the United States then, in the English Thirteen (13) 2 Colonies. 3 He lives in New York on the south shore 4 of Lake Ontario and he's been involved in Indian affairs 5 for decades. He's very closely allied, because he's 6 married a woman from the Mohawk Nation, he speaks -- 7 he's a fluent speaker of the Iroquoian languages, he 8 doesn't really know very much at all about Anishnaabeg 9 people. 10 But he's given the task of circulating 11 news of this proclamation to the people in the Great 12 Lakes. And he actually sends copies of the proclamation 13 as well as wampum belts by runners from Lake of Two 14 Mountains in the -- in the winter of 1763. 15 He receives it by December of '63 and the 16 proclamation is sent out to all the villages all around 17 the Great Lakes and Alex Henry attests to this because 18 he's over on Lake Superior and he hears about it. 19 But the -- the people are invited all 20 around the Great Lakes to come to Niagra to meet with 21 William Johnson in the summer of 1764 to see what the 22 British have to offer and to see if there's a basis on 23 which to make a peace. 24 And so the Royal Proclamation is the 25 King's offer but there's no contract yet; it hasn't been

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1 accepted. The people have to be called together. They 2 have to hear what the King is offering before the 3 relationship is formed. 4 And one of the problems in working in 5 this period and working with the Royal Proclamation is 6 people assume that this -- this tells the whole story 7 and there is actually very important work that was done 8 during the winter of 1763/64 and then a Congress of 9 Indian Nations that went on for weeks and weeks at 10 Niagra. 11 Johnson was there from late July. He met 12 every day with delegations of people coming in. There 13 were more than fifteen hundred (1500) chiefs and 14 warriors that met at Niagra. They called it -- the 15 aboriginal term for it was "the crooked place". 16 And so when we talk about the beginning 17 of the relationship between the British and the 18 aboriginal peoples of the Great Lakes, the Anishnaabeg, 19 we have to understand that it was forged, first of all, 20 in a context of war and distrust, that the British were 21 seeking peace and alliance, that the Anishnaabeg had 22 control of most of the forts and the Fort at Detroit was 23 still under siege and that the British had to have 24 something to offer. 25 One of my frustrations in -- in the work

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1 that I do is that people think that treaties are just 2 for Indians, that we're the only beneficiaries of the 3 treaties. The treaties are bilateral by their nature. 4 And -- and you look to see well, what did the British 5 want and what did they get? What did the Anishnaabeg 6 want and what did they get? 7 And so we can't just look to the Royal 8 Proclamation, we have to look to the Treaty of Niagara. 9 The problem with the Treaty of Niagara is it wasn't 10 written down in alphabetic form, it was done according 11 to aboriginal protocol, Anishnaabeg protocol, with the 12 delivery of wampum belts and speeches. 13 We have records of those speeches and we 14 have records of the wampum belt, but if you ask me to 15 point you to the text of the Treaty of Niagara I can't, 16 apart from pointing to the belts and the speeches. 17 The belts survived into the 20th Century, 18 and this is -- on this slide is a sketch that was made 19 in the 1850s, and the sketch itself appears -- 20 Q: It's page 15. 21 A: I'm getting buried by documents here. 22 Yes, page 15 of my report, and the -- the account of how 23 this sketch came to be, who made it, who had control of 24 the belts at that time, is in document 4000493. 25 And so that this is the sketch of the

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1 belts that were delivered at the Treaty of Niagara, and 2 it's the Treaty of Niagara, not the Royal Proclamation, 3 but the Treaty of Niagara, that concludes or begins the 4 formal Treaty Relationship between the Great Lakes 5 Algonquian speaking peoples, and the British who are -- 6 have now been succeeded by the Canadian Government. 7 So, I consider the Treaty of Niagara to 8 be the formative constitutional document, it constitutes 9 the relationship between the Great Lakes peoples and the 10 British. 11 Now, the belts, as I said, William 12 Johnson kept a journal of his meetings at Niagara, and 13 he makes a note the day that he delivers the belt, and - 14 Q: Is that page 14? 15 A: Page 14, yes. And he says it's a 16 magnificent belt. He even tells how much it cost to 17 make it. The top belt that says 1764, cost 30 pounds. 18 I don't know what a pound was worth back then, but he 19 had to keep records of how much he was spending on these 20 things. But anyways, it's a magnificent belt. 21 It was carried by Chiefs that lived at 22 Michilimackinac and eventually moved to Manitoulin and - 23 - Island, and as I say, the sketch was made of the belt 24 in the 1850s, and renditions of readings of the belts 25 were recorded both in 1850 -- in the 1850s and the 1870s

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1 by carriers of the belts. 2 There are people living on Manitoulin 3 Island today who remember seeing the belts, but it the 4 fear is that they were lost in the fire, because they 5 haven't been seen for about twenty (20) -- twenty (20) 6 or more years. 7 So, two (2) belts were delivered and the 8 sketch was made from the original, and I have a 9 Colleague who's a researcher on Manitoulin Island, Alan 10 Corbiere from M'Chaging and he had reproductions of 11 these belts made. And we have them here. I'm wondering 12 if we could hold them up while I speak to them. 13 Q: Sure. 14 15 (BRIEF PAUSE) 16 17 A: So, this belt again, it's a 18 reproduction, it's made with beads and -- and rawhide, 19 and it's done exactly to the scale as -- as provided in 20 the details of the sketch on the Ontario Archaeological 21 report from 1902. 22 And this is known as the Belt of the 23 Great Covenant Chain, the -- the reference to covenant 24 chain are these -- these interlocking hexagon figures. 25 Now, the covenant chain was a metaphor

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1 that was used for the relationship. First of all the 2 Dutch were in New York before the British were, and the 3 Dutch had a relationship with the Haudenosaunee, and 4 they symbolized their relationship by an iron chain, the 5 idea of the interlocking links representing an alliance. 6 But it was an iron chain and it was prone to rust. So, 7 when the British took over from the Dutch, they made it 8 a silver chain, because silver can keep its polish and 9 it doesn't rust. 10 So, this is a reference to the Covenant 11 Chain is this idea -- this silver chain is a 12 relationship that needs to be polished, so the people 13 have to get together on a yearly basis and renew their 14 relationship. 15 The importance of the chain metaphor 16 though, is that these links are interlocked, but they 17 keep their own integrity, so each link is -- each 18 hexagon is to represent a nation, and initially there 19 were five (5) Nations of the Haudenosaunee, and then 20 when the Tuscaroras joined them, they became the Six (6) 21 Nations. 22 And then the idea was that when the Dutch 23 came and the British came, they were then again drawn 24 into these links. And so the Nation keeps its own 25 political integrity and autonomy, but they're linked

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1 together by these inter-linking chains. 2 So the covenant chain is a -- a very well 3 established metaphor for the constitutional relationship 4 between the British and their Haudenosaunee allies going 5 back into the 1600's. 6 And what William Johnston wants to do at 7 Niagra in 1764 is to draw the Great Lakes people into 8 that covenant chain. Remember the -- the Great Lakes 9 people, the Annishnaabeg have been warring with the 10 British and the Haudenosaunee for a very long time. 11 So he offers them this belt, this 12 covenant chain belt, after weeks of meetings and in the 13 protocol of treaty making, he offers the belt, says what 14 he has to say about it, and then the speaker for the 15 Annishnaabeg would decide whether to pick up the belt. 16 If the belt is picked up, then the treaty 17 is formed. If the belt is left on the ground, there's 18 no deal. 19 So William Johnson made a number of 20 speeches which are recorded and he offered this belt and 21 this belt was picked up and then carried by the 22 Annishnaabeg people. 23 So we have the covenant chain worked in, 24 we have the year 1764 to memorialize the date that it 25 actually took place. The most important part of the

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1 belt in terms of the alliance that was formed has to do 2 with these two (2) figures in the middle. 3 Because these two (2) figures are 4 standing shoulder to shoulder. There's no sense of 5 hierarchy or subjection or dominion and they're shaking 6 their hands. 7 There's this -- they're -- joined their 8 hands in the wampum of friendship. This -- this gets 9 repeated over and over and over again in the records in 10 terms of the Annishnaabeg understanding of the 11 relationship with the British. 12 So this -- this is what William Johnson 13 wants. He doesn't want Pontiac's war to continue. He 14 wants the people to join their hands in -- in 15 friendship. 16 And the question is, it's clear, I think 17 why the British wanted peace, but what did they have to 18 offer that would make the Annishnaabeg enter into a 19 peace with them? 20 Part of what they had to offer was the 21 terms of the Royal Proclamation which was they would 22 keep the settlers out of Indian country and they 23 wouldn't present a threat to the land rights, to the 24 hunting grounds, to the ways of life of the Great Lakes 25 people.

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1 But he offered something else, which is 2 part of what generally gets left out of the picture. 3 The point is, you can't just read the Royal Proclamation 4 in isolation and understand the relationship, and you 5 can't just read the covenant chain belt and understand 6 the relationship. 7 There was a second belt delivered at 8 Niagra, and if we can raise it now. 9 Q: If I might, just before you go to 10 that, it -- at Page 14 you quote Sir William Johnson, 11 the speech that he made when he offered the -- or part 12 of the speech that he made when he offered the covenant 13 chain belt. 14 It might be -- 15 A: Yes? 16 Q: -- appropriate to just -- 17 A: Yes. 18 Q: -- read that. 19 A: That shows up at Page 14 of my 20 report and it's referred to or it's excerpted from 21 Document 4000489 and, again, Johnson had to persuade 22 people that the British weren't thieves, that they had a 23 reputation for being land thieves and so he has to 24 address this concern and he says to them: 25 "My children, I clothe your land. You

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1 see that wampum before me. The body of 2 my words and the spirit of my words 3 shall remain." 4 So that the idea is that the wampum is 5 the treaty, the symbol. His words are -- are contained 6 in it. 7 "It shall never be removed." 8 He's talking about the permanence of the 9 promises that are being made. 10 "This will be your MAT." 11 Now "MAT" is a reference where people 12 live, people slept on their mats and MAT is a metaphor 13 for country or territory. So he's saying, we're here at 14 Niagra, and this is your MAT. This is your home. This 15 is your place. And he says: 16 "The eastern corner of which I myself 17 will occupy." 18 So the English are going to stay put over 19 on Lake Ontario and down in New York. He's saying, I 20 only need a little space here, in the corner, this is 21 your MAT, don't -- don't worry, we're not -- you know, 22 making any demands on you for your territory. 23 "The Indians being my adopted children, 24 their life shall never sink in 25 poverty."

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1 So he promises to protect their lands, to 2 keep his people off to the east, but he also promises a 3 good life. He promises that: 4 "You will not be poorer for making a 5 relationship with the British." 6 And that's what this belt then speaks to. 7 This is the twenty-four (24) nations belt. There are 8 twenty-four (24) human figures on it, and the 9 orientation of the belt matters. 10 This -- this is -- this has to be facing 11 east. I don't know if I'm facing east, but anyway. If 12 this north, east and this -- this -- this is a mountain 13 over here. 14 And people disagree about whether the 15 mountain is actually Quebec or Michilimackinac but it's 16 clearly in North America and it makes more sense to me 17 that it's Michilimackinac because they were on the Great 18 Lakes. It's probably somewhere on the Great Lakes. 19 And there are twenty-four (24) nations 20 represented on this belt. These are all Anishnaabeg 21 nation. And there's a rope or an attachment to this is 22 a vessel. This is the British ship. And what Sir 23 William Johnson says is, make peace with us and you will 24 have a good life. This vessel comes from the east. 25 He says, he wears a red coat and the sun

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1 -- he's like the sun shining in the east and he's going 2 to bring warmth to the people when they make this 3 relationship, and he's not only going to bring warmth 4 but he's going to bring sustenance. 5 He says, his present -- this boat is 6 going to be full of presents. And remember, Minavanana 7 said, you can't have peace with us unless you make 8 presents. You have to cover our dead and take on 9 responsibilities of kin. 10 And the reference to children and father 11 has to be understood in that way, that in Anishnaabeg 12 culture parents don't have the type of control or 13 dominance over their children as was common in the 14 European tradition but there was responsibility and 15 caring and autonomy still within that relationship. 16 So when you hear the British use the term 17 "children", it doesn't mean that they think of them as 18 children or wards, it means they have a responsibility 19 and a familial or a kinship sense to -- to -- to be 20 responsible for sustenance. 21 So this vessel -- this British vessel is 22 full of presents is what William Johnson says. And he 23 says, and if ever you find your situation getting 24 difficult, join together and pull on this rope and that 25 rope will bring my boat over and it'll supply your --

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1 your wants and your needs. 2 And you see that then on page 15 of my 3 report. And so he's speaking with respect to this belt: 4 "My children, see, this is my canoe 5 floating on the other side of the Great 6 Waters..." 7 That's the term for the ocean. 8 "... it shall never be exhausted but 9 always full of the necessaries of life 10 for you, my children, as long as the 11 world shall last. Should it happen any 12 time after this that you find the 13 strength of your life reduced, your 14 Indian tribes must take hold of the 15 vessel and pull. It shall be all in 16 your power to pull towards you, this, 17 my canoe, and where you have brought it 18 over to this land on which you stand, I 19 will open my hand, as it were, and you 20 will find yourselves supplied with 21 plenty." 22 And so this -- this is what the British 23 is offering. They're offering this constitutional 24 relationship of -- of -- of alliance and friendship and 25 protection for lands and they're offering this promise

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1 of sustenance. 2 The people knew with newcomers coming in 3 that changes would take place in the land and they're 4 saying, you don't have anything to fear for the future. 5 Even if we're here, the British, in relationship with 6 you, you're not going to become impoverished. You won't 7 lose your sustenance. You can depend on us to -- to 8 provide that you'll always have 9 a -- a good life. 10 And when we look then at the treaty 11 history which we're going to soon, it's important to 12 keep these belts in mind because when these belts were 13 delivered, these were promises. When the people picked 14 up those belts and carried them, they carried those 15 treaties with them. 16 The treaties went to Michilimackinac, as 17 I've said. Eventually Michilimackinac became a disputed 18 territory because the Americans had the American War of 19 Independence. This is 1763. By 1776 the American 20 Revolution has begun and Sir William Johnson had died 21 and the Americans think they're actually going to be 22 able to take over Quebec but they can't, and the British 23 are supported by their Indian allies. 24 So within a decade or a generation of 25 making this peace, the Anishnaabeg are called upon to

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1 defend the British and their interests and their own 2 homeland. 3 And they fought in that war, the 4 Anishnaabeg fought in the American War of Independence 5 and so did the Haudenosaunee, and the Haudenosaunee 6 suffered huge losses. They ended up, when the British 7 made peace with the Americans, they didn't make any 8 provision for the territories of the Haudenosaunee in 9 what became New York State. 10 And so one of the first treaties, in 11 fact, was to make room for the Haudenosaunee on the 12 north shore of Lake Erie which was -- which was 13 Algonquian which was Anishnaabeg country. 14 Q: Now, the Haudenosaunee fought with 15 the British against the -- in the Revolutionary War? 16 A: Yeah. Not everybody, but by and 17 large they did and -- and then they basically became 18 refugees when -- when the Americans were successful. 19 And so these belts went to Michilimackinac but, before 20 long, Michilimackinac was also a disputed territory 21 between the British and the Americans. 22 And so the next few decades see a lot of 23 conflict in the region, a lot of movement in the region. 24 And the belts are the basis on which people come to the 25 British and say, well, we're still with you and we're

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1 still expecting you to keep your promises to us. 2 And we'll see references again and again 3 to the belts and to the nature of the relationship 4 during this period. 5 Q: Thank you. 6 7 (BRIEF PAUSE) 8 9 A: So, we have these belts, and we have 10 Johnson's speeches recorded, and we have the speeches 11 recorded into the Wampum. There's a frustrating lack of 12 names of the aboriginal speakers. The secretary who was 13 keeping the minutes for Sir William Johnson would just 14 say, a Chief arose and said, but we don't know which 15 Chief it was. 16 So, then the -- the Treaty of Niagara I 17 see as being a Treaty which settled peace in the 18 relationship at a very large level, for all of the Great 19 Lakes. And then the challenge again in doing this type 20 of research is to bring it back to the area that we're 21 concerned about, what about Detroit? Well, Detroit's 22 not very far away from Niagara, so we can assume that 23 there were people from Detroit that were at that 24 meeting. 25 There are later documents which prove

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1 that the people were aware of the belts, people from 2 Walpole and Sarnia, and so I think there is very strong 3 evidence that there were people from the region we're 4 interested in, at the Treaty of Niagara. 5 But even stronger than that, is evidence 6 after the Treaty was concluded, Sir William Johnson sent 7 a commission of soldiers under Colonel Bradstreet to 8 Detroit, to make sure then that the siege of Detroit was 9 no longer happening, and that -- that they were going to 10 cooperate with the British. 11 And so Bradstreet, when you went to 12 Detroit, and remember from the French period we know 13 there was a Potawatomi Village at Detroit and Outaouac 14 village, a Huron village, and the Mississagues and 15 Sauteurs. 16 And so when Bradstreet gets to Detroit in 17 September, he enters into a separate Treaty. And this 18 is called the Treaty of Detroit. The terms of the 19 Treaty are subject to some dispute. William Johnson -- 20 they spoke of things like domination and subjection and 21 Johnson said there must have been a really bad 22 interpreter, because the Indians would never have agreed 23 to that. 24 And I don't want to get into the -- 25 necessarily the text of the -- of the Treaty. What's

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1 important for -- for the purposes of connecting 2 particular people to this region, are the signatures 3 that appear on the Treaty. 4 So, these are signatures that -- and they 5 appear in my -- the documents appear in my report. And 6 document 441 and 442 -- 4000441. 7 And again, this is a clerk's copy, we 8 don't know where the original is, this is the clerk's 9 copy, contemporaneous copy made at the Treaty in 10 September of 1764. So, it's just a month after the 11 Treaty of Niagara. And one document, the one to my 12 right. Well, sorry, this document is to your left? 13 Q: It's on the left side of the pages -- 14 A: Yes. 15 Q: -- we're looking at I guess. 16 A: This is the part of the Treaty that 17 was signed by the so called Chippewas and Ottawas at 18 Detroit. And then the one on your right was signed a 19 few days later by a Mississagues Chief. 20 And again, these -- these documents are 21 of interest to me, because they show the totemic 22 identity of the people who are living in the Detroit 23 region at the very beginning of the British Regime. 24 Remember we have Beavers and -- and Cranes, among 25 others, at Detroit. In the early -- well by 1700 at

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1 least. 2 By 1764 we still have Cranes. 3 Q: The Crane is at the lower part of the 4 slide on the left hand side? 5 A: When I first looked at this I thought 6 that it was a crane without a head, and then I realized 7 that's his bustle, his head is actually down there, 8 okay. 9 Q: On the left hand side, yes. 10 A: Yes. And you'll notice I put the 11 crane -- I put the symbols upright and the handwriting 12 upside down. The clerk -- I think what happens is 13 people write the name this way and then they passed the 14 paper and then people draw it. So, I put it so that the 15 -- the symbol's upright and not the handwriting. 16 What it says underneath is Wassong, W-A- 17 S-S-O-N-G, and that's the name of a Chippewa Chief. 18 He's there in 1764 and he's there for the first land 19 purchase in 1690. 20 So, we have Cranes at Detroit -- 21 Q: In 1790? 22 A: Sorry, 1790. We have Cranes in 23 Detroit from the French period from the early 1700s, 24 they're there in 1764 and they're there in 1790. 25 There's also a -- a Caribou, this is

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1 Attawaky, A-T-T-A-W-A-K-Y. And he's referred to as an 2 Ottawa Chief, but he's a -- he's a caribou chief to 3 start with and then has that additional layering of 4 identity as -- as Ottawa. 5 But he's also living at Detroit. So we 6 have cranes and caribou at Detroit and Shamandawa is a 7 fish, I think of some sort, I can't say confidently 8 because with the fin placement, depending on, the way to 9 tell which -- which type of fish clan it is often 10 depends on the arrangement of fins on the top and the 11 bottom and the shape of the tail and the shape of the 12 head. 13 But it looks like this fish has two (2) 14 tails so that makes it really hard for me to see which 15 is the front and the back. So I think it's poorly drawn 16 and I'm not confident making a -- a guess. 17 There are two (2) fish that are often 18 shown, sort of, from the top view which are catfish and 19 this is not a catfish, I'm pretty sure. If -- if this 20 is a side view, and it's so elongated, it could either 21 be a pike or a sturgeon. But beyond that I wouldn't -- 22 I wouldn't give an opinion. 23 But we have -- we have people of a -- of 24 a elongated fish species living at Detroit and caribou 25 at Detroit and crane at Detroit. Now, the Mississauga

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1 chief shows up a few days later. His name is 2 Wapacomagat and the reason I included his dodaim, even 3 though he's not a person, he's actually living close to 4 Toronto. He's a fairly well known chief in the historic 5 record. 6 I included his mark though because it -- 7 it provides both a glimpse of his personal identity as 8 well as his totemic identity but he still chooses to 9 represent himself as he's an Eagle chief. 10 He met William Johnson in 1760 and didn't 11 join in Pontiac's war and Johnson had given him a medal 12 in 1760. Then when he goes back to Niagra in 1764 Sir 13 William Johnson gives him a second medal and belt to 14 carry back to Toronto. 15 So he's a belt carrier, he's a medaled 16 chief, that's a common expression, it's a high sign of 17 authority in terms of the relationship with the British 18 to have a medal. 19 So, Wabakamokot has two (2) medals. And 20 that's what's shown around his neck. He's an eagle 21 wearing two (2) medals. And so even when he's 22 representing his authority by reference to his medals, 23 his personal accomplishments in a sense, he's still not 24 a human, Wabakamokot, he's an eagle. 25 And it -- for me, it just underlines the

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1 depth of this identity that what counts in terms of your 2 authority and your territory is your totemic identity, 3 not necessarily your name or your personal human 4 representation. 5 You see very, very few -- the people -- 6 the only people that get drawn as humans in the symbolic 7 literacy of the Great Lakes people are people wearing 8 hats which are the English and the Sioux actually are 9 shown as people with really wild hair. 10 But the Anishnaabeg people understood 11 themselves this way and that tied them into a common 12 landscape, a common territory, a common tradition. So, 13 this is then the Treaty of Detroit. 14 It's signatures specific to the people 15 living in the region with which we're concerned and we 16 have caribou people, crane people and fish people. 17 Q: There's a reference in your report 18 at page 16 to the treaty and a speech that was made by a 19 crane chief sometime thereafter? 20 A: Yes. This speech was made by 21 Pashekishequeskum. I'll spell that it's P-A-S-H-E-K-I- 22 S-H-E-Q-U-E-S-K-U-M. He -- he signs the document. The 23 document shows up in the materials at 400471. He signs 24 with a crane signature which is why I call him a crane 25 chief.

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1 He would have otherwise been called a 2 Chippewa living at -- at Walpole Island. And he's 3 speaking -- they have a number of concerns about the 4 relationship with the British. This is in the 1840s now 5 that we're talking about so it's -- it's eighty (80) 6 years after the treaty. 7 And I would hazard a guess that this 8 chief had never actually been at -- was not at Niagra 9 unless he was quite elderly. But he speaks about the 10 belts. 11 There's -- there's -- there's references 12 to -- to the covenant chain belt that are made which 13 shows it's part of the literacy, it's part of the 14 training of the chiefs to know what the belts said. 15 These belts would be presented at various 16 renewal councils and so the chief is speaking to the 17 Great Father, which is the Governor at Quebec. 18 There's a new governor that's just come 19 to the colonies and they're -- they're concerned that 20 some of the promises from the original relationship 21 haven't been kept. 22 The reason I cite this speech, though, is 23 it makes it clear that the people at Detroit know what 24 happened at Niagra. They're -- they're fluent with the 25 -- the belt and its promises and -- and what it speaks

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1 to in terms of the relationship with the British. 2 So his speech -- part of his speech, it 3 goes on for pages and pages, but this part I've 4 excerpted: 5 "Great father, listen with patience to 6 what I am now going to say. It is all 7 what we have in our hearts." 8 I'll stop for a moment. Again, this 9 notion of one mind. The chief speaks for everybody 10 says. It's not just the chief speaking in his personal 11 capacity, he's speaking for all the people who 12 ultimately signed the petition and they -- they have 13 numerous different marks. 14 "Perhaps you think that we have forgot 15 what was told us and what was done when 16 you first came to this country, but we 17 have not. We know that we were first 18 discovered by the French and that 19 afterwards you drove them out and made 20 a treaty of friendship with us. 21 Great father, listen. When you first 22 came to this country, you gave your 23 hand to all your red children." 24 You remember the -- the symbol on the 25 covenant chain belt is -- is a handshake, holding each

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1 other's hand. 2 "We hope you will be pleased to see 3 them again." 4 That is his red children. 5 "We hope our hands will remain 6 interlinked so long as the Great Spirit 7 will let us both live. Father, when we 8 took you by the hand, we cast off the 9 French and took your hand which we have 10 always held fast to this day. 11 The first promise that you made us when 12 we took you by the hand was that so 13 long as we should remain on this earth, 14 you would always take care of us. 15 We know, Great father, that you have 16 not forgot what you promised us, but we 17 merely mention that we hope to have 18 everything granted to us that was 19 promised." 20 So they're speaking to the Governor who's 21 the highest representative of the King. Actually, by 22 this time it's Queen Victoria over in England. But 23 they're speaking in the present tense. 24 It's as though the Governor that they're 25 addressing stands in the place of Sir William Johnson,

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1 and that's how authority works in the Annishnaabeg 2 culture that when a chief dies, a new chief is raised up 3 in his name and they believe it's really the same chief 4 with -- that the power of the station is in the name. 5 And so William Johnson spoke for the King 6 and the new King's representative, it's in his mouth, 7 the same words, that -- that were spoken by Sir William 8 Johnson. 9 And there -- there were a number of 10 complaints by this time about the promises having been 11 broken, but you see -- you know probably four (4) 12 generations, well, if you count a generation for twenty 13 (20) years, is at least eighty (80) years since the belt 14 was delivered and they talk about holding hands and they 15 talk about the promise of -- of sustenance. 16 Q: And the document itself, I note, on 17 Page 16 was signed by a number of different individuals 18 with their totemic marks? 19 A: Yes, if you give me a moment, I'll 20 check. I don't -- I don't think I have it on the 21 PowerPoint, but I can tell you what -- what -- what 22 totemic marks are there. 23 It might be faster to find it in the 24 supertext, I don't know. 25 Actually the document dates from the 12th

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1 of October 1838 and, as I said, it's Document 4000471. 2 And the chiefs who signed are -- is the crane chief, 3 Gayashk, G-A-Y-A-S-H-K, which is the word for gull. 4 It's not a seagull that he draws, he draws a beaver. 5 Gayashk is a beaver, so you have beavers in -- in the 6 region. 7 Shawino. Now there are a couple of 8 Shawanos in the historic record. This Shawano at 9 Walpole Island is a -- a bird of prey, either an eagle 10 or a thunderbird. 11 Gayashk is a beaver. There's also a 12 catfish, Quakegowin, Q-U-A-K-E-G-O-W-I-N, he's going to 13 show up a lot actually in the -- in the record. He's a 14 beaver chief. 15 There's a caribou chief, Mineshe, 16 M-I-N-I-S-H-E, and another Chief Wapoosh, who's a bird 17 but it's not clear whether he's a shore bird or a -- a 18 bird of prey. 19 And then another beaver. Coquichies I 20 think it is. Coquichies I think it sounds like. No, 21 sorry, never mind. C-O-Q-U-I-C-H-I-E-S. 22 So, on this document, this Chief -- this 23 Crane Chief is speaking for all these Chiefs, and they 24 all recall the Wampum Belt and the handshake and the 25 promise of sustenance; and these are people living in

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1 the Detroit region, by there -- now they're on Wapol 2 Island, we're talking the 1830s. 3 Wapol Island, by the way, is at the mouth 4 of the Channel A'Carte on the eastern shore of -- of 5 Lake St. Clair, but we have Crane People there in the 6 40s, 1840s they were there in the early 1700s and at the 7 Treaty of Detroit. 8 We have Beaver People. I don't have a 9 Beaver signature showing up in the Treaty of Detroit, 10 but we know there were Beavers in the region as early as 11 the 1680s, and -- and they were clearly -- I would -- 12 it's my opinion that they were also at Niagara, if they 13 speak to this knowledge of the belts and the promises. 14 Q: And I under -- I note in your report 15 as well, and again at page 16 that Sir Francis Bond, had 16 -- the Lieutenant Governor of Upper Canada 1836, wrote a 17 memorandum to Lord Glenelg, the Secretary of State for 18 the Colonies, with respect to the customary law of the 19 Anishnaabeg? 20 A: Yes, he did. Sir Francis Bond Head 21 was Lieutenant Governor, starting in 1836, he's infamous 22 in my territory, because he persuaded people to sign the 23 first surrender of the territory south of the Bruce 24 Peninsula, and also surrenders for Manitoulin Island. 25 Sir Francis Bond Head travelled through

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1 most of the villages around the Great Lakes, he was 2 responsible for a number of Treaties. He went to 3 Manitoulin Island in August of 1836. The reason he was 4 there is, ever since the Twenty-four (24) Nation Belt 5 was delivered, the British met every year with the 6 Indian Nations to deliver presents; that was how they 7 showed the alliance was still functioning, because they 8 were delivering presents. 9 So, William -- Sir Francis Bond Head 10 travelled to Manitoulin Island for the delivery of the 11 presents. It was a very, very big deal, very expensive 12 transporting all of those presents up there. Presents 13 might sound a bit frivolous, but they were actually 14 very, very important staples for people surviving in the 15 changing economy. 16 The presents consisted of blankets, of 17 clothing, of guns, ammunition, twine for fishing nets, 18 fishing hooks. People relied on the presents and they 19 travelled great distances to meet with the British and 20 get their presents. And the delivery of the presents 21 was a renewal of these Belts. 22 And Sir Francis Bond Head is being asked 23 to report to England, not only on the surrender he 24 negotiated at Manitoulin Island, but also about the 25 presents. By this time in the 1830s, the British are

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1 starting to worry a lot about how much money they're 2 spending on their promises, keeping their promises, and 3 so they've asked Bond Head for his opinion on whether 4 they could cut the presents out. 5 And what proof is there anyway that we've 6 ever promised to give these people presents, we know 7 we've been giving them presents since 1764, but we can't 8 find it written down anywhere. 9 So Bond Head reports that he thinks it 10 would be very impolitic, not to mention a breach of 11 trust and broken promise, to stop the presents. But 12 already in the 30s, there's -- there's this threat that 13 the presents will come to an end. 14 And so then Bond Head is saying, well 15 you've asked me to say how I know we -- we have to give 16 these presents, but when he was at Manitoulin these 17 Belts were read by the man who was carrying them, 18 Assikinak, and he talked for hours on these Belts. And 19 so Bond Head had the experience of actually hearing 20 these Belts read. He speaks about that, he writes about 21 that. 22 And so in this memo he says, you've got 23 to understand how Indians make promises. They know we 24 promised them presents, because one (1) thing the 25 Government was saying was, well maybe we don't have to

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1 give presents to the Indians that are now living in the 2 United States, they were called the visiting Indians, 3 and they came to Canada every summer to Manitoulin or 4 Amherstburg, which is down there, sorry -- 5 Q: Down there is? 6 A: On the eastern shore of the Detroit 7 River. 8 Q: Thank you. 9 A: Opposite Detroit. Once Detroit 10 became American, then they started giving the presents 11 out at Amherstburg. And so people were coming from the 12 Michigan Territory from Wisconsin -- Anishnaabeg people, 13 to get their presents. 14 And so the British were saying, well 15 maybe we can cut out the presents and cut the costs. 16 And Bond Head writes this memo saying, he didn't think 17 it would be wise. And the reason that people believe 18 there was a promise made is because, well, they have a 19 Wampum that talks about a boat full of presents. 20 And so that's what he says, in the 21 context he says: 22 "An Indian's word, when formally 23 pledged, is one (1) of the strongest 24 moral securities on Earth. Like the 25 rainbow, it beams unbroken, when all

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1 beneath is threatened with 2 annihilation. The most solemn form in 3 which an Indian pledges his word is by 4 the delivery of a Wampum Belt of 5 shells, and when the purport of this 6 symbol is once declared, it is 7 remembered and handed down from father 8 to son with an accuracy and retention 9 of meaning which is quite 10 extraordinary." 11 So he knows the power of the belts. He 12 knows the strength of the memory associated with it and 13 the speeches, and he knows there was a specific promise 14 about presents and -- and sustenance. 15 MR. DERRY MILLAR: Thank you. 16 Commissioner, it might be an appropriate time, Professor 17 Johnston has been speaking to us for a long time this 18 afternoon and I know it's a little bit early but it's -- 19 it really is a good time to break because we're going 20 into a new -- a new area. 21 COMMISSIONER SIDNEY LINDEN: Absolutely. 22 It's been a long day. And we said we'd go to 5:00, it's 23 just a quarter to 5:00, but I do think this would be an 24 appropriate time to break. 25 MR. DERRY MILLAR: And we'll start

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1 tomorrow morning at ten o'clock, sir. 2 COMMISSIONER SIDNEY LINDEN: At ten 3 o'clock tomorrow morning. Thank you very much, 4 Professor Johnston. A long day for you. Thank you all. 5 I'll see you tomorrow morning. 6 THE REGISTRAR: All rise please. This 7 Public Inquiry is adjourned until tomorrow, Wednesday, 8 July 14th at ten o'clock. 9 10 --- Upon adjourning at 4:46 p.m. 11 12 13 14 Certified Correct 15 16 17 18 19 ________________________ 20 Wendy Warnock 21 Court Reporter 22 23 24 25