Mushkegowuk strengthen Rupert’s Land case claim

New evidence has been found to strengthen the Rupert’s Land case that was initiated by the Mushkegowuk Council on Nov. 18, 2003 against Canada and Ontario.
“This is really, really exciting new evidence we came across to revamp our claim and make it stronger and make it better,” Mushkegowuk Council Grand Chief Stan Louttit said.
“Our legal team is looking at it in the months and years to come to take that and rebuild it with this new-found information,”
Mushkegowuk Council launched the lawsuit on behalf of the Mushkegowuk Cree of the James Bay region comprised of the communities of Attawapiskat, Chapleau Cree, Fort Albany, Kashechewan, Missanabie, Moose Cree and New Post.
The basis of the lawsuit lies with a protection pledge requested by Queen Victoria of England before she would execute her signature to the Rupert’s Land Act in 1868.
After there was assurance by representatives of Canada to protect Aboriginal interests in the region, a land order transferred Rupert’s Land – which includes parts of Ontario, Manitoba, Alberta, Quebec, Minnesota and North Dakota – to the control of Canada under agreed terms.
“We feel that they did not live up to that promise back in 1869,” Louttit said.
A number of federal and provincial laws have violated the constitutional commitment made by Canada, Louttit said.
“When the treaty commissioner (of Ontario) travelled to make James Bay Treaty 9, they told our people certain things – that things would be OK. That is what we see in black and white.”
The personal diaries belonging to Ontario treaty commissioner George McMartin were found in the archives that shed new light on the negotiations that took place when the treaty was signed.
“These hand-written diaries were totally contradictory to the written legal text of the Treaty to hunt, fish and trap. You can only do that if the government does not want the land for mining or forestry,” Louttit said.
The diaries detail the words the commissioner had said to the respective leaders of the time and how those leaders responded.
“We ask, ‘What do you think? Is this a good treaty? Do you think it’s good that you can now hunt, fish and trap as in the days of yore? So you agree with what I am telling you, you can do what you have always did?” McMartin wrote.
Elders Agnes Winisk of New Post and Mark of Moose Factory were noted in the diaries as saying: ‘We agree with you, with what you said.’
Louttit is optimistic of Mushkegowuk’s legal challenge of the Rupert’s Land case.
“These new found diaries will help us in our court case (with) our understanding of the spirit and intent of the treaty,” Louttit said.
“We are rethinking the plan in a stronger more united way.”