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Court File No. T-2155-00
FEDERAL COURT
B E T W E E N: WESLEY BEAR, FREIDA SPARVIER, JANET HENRY, FREDA ALLARY, ROBERT GEORGE, AUDREY ISAAC, SHIRLEY FLAMONT, KELLY MANHAS, MAVIS BEAR and MICHAEL KENNY, on their own behalf and on behalf of all other members of the KAKISIWEW INDIAN BAND Plaintiffs - and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS and THE OCHAPOWACE INDIAN BAND NO. 71 Defendants
Court File No. T-2153-00 B E T W E E N: PETER WATSON, SHARON BEAR, CHARLIE BEAR, WINSTON BEAR and SHELDON WATSON, being the Heads of Family of the direct descendants of the Chacachas Indian Band, representing themselves and all other members of the CHACACHAS INDIAN BAND Plaintiffs - and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS CANADA and THE OCHAPOWACE FIRST NATION Defendants
______TRIAL - VOLUME 3 ______Held at the Ochapowace First Nation, Province of Saskatchewan, Thursday, November 15, 2018, the Honourable Justice M. L. Phelan presiding.
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APPEARANCES:
E. Stevenson COUNSEL FOR THE T-2155-00 N. Boudreau PLAINTIFFS
T. Waller, Q.C. COUNSEL FOR THE T-2153-00 K. Kreklewich PLAINTIFFS
K. Jones COUNSEL FOR THE CROWN J. Guebert
M. Phillips COUNSEL FOR OCHAPOWACE N. Phillips
C. McCullough REGISTRAR
K. Straile USHERS R. Botkin
D. Halvorsen/ COURT REPORTERS S. Petryshyn 3
TABLE OF CONTENTS
Description Page ROSS ALLARY, Previously Affirmed with an eagle 5 feather, Further Examined by Mr. Phillips Cross-Examination by Mr. Waller 36
Cross-Examination by Mr. Stevenson 37
Cross-Examination by Ms. Guebert 39
Re-Examination by Mr. Phillips 51
SHARON JOYCE BEAR, Previously Affirmed with an eagle 62 feather, Examined by Mr. Waller MORLEY WATSON, Previously Affirmed, Examined by 89 Mr. Waller Cross-Examination by Mr. Stevenson 111
Cross-Examination by Mr. Phillips 114 4
EXHIBITS
No. Description Page
2 Map showing Ochapowace and area as marked with 56 yellow stickers by Mr. Allary 3 Watson Plaintiffs' book of documents 61 5
1 (COURT COMMENCED AT 9:33 A.M.) 2 REGISTRAR: This matter is resumed. 3 JUSTICE: Good morning. 4 MR. PHILLIPS: Good morning, Mr. Justice 5 Phelan. Yesterday when we concluded we were in the midst 6 of examination-in-chief of oral traditional evidence of 7 Ross Allary and I would propose this morning to continue 8 with that examination-in-chief with the assistance of a 9 diagram that we were able to -- actually my son, Nathan, 10 who practices law with me, attended and obtained it in 11 Regina and we propose to use this map in the course of 12 the Examination for Discovery -- sorry. The 13 examination-in-chief of Ross Allary. 14 He is now taking the stand again, if we 15 could have him acknowledge his -- 16 JUSTICE: Good morning, sir. 17 A Good morning. 18 19 ROSS ALLARY, Previously Affirmed with an eagle feather, 20 Further Examined by Mr. Phillips 21 JUSTICE: I remind you that you are 22 still under oath. 23 A Okay. 24 Q MR. PHILLIPS: Ross, in the 25 presence of the eagle feather, if we could. I think what 26 I would propose to do is to, before we address ourselves 27 to the map and the request that was made when we 28 adjourned last night for a map and the markings, just to 6
1 set the stage again, where we were at yesterday and 2 continuing on now. 3 Ross, you spoke of the knowledge that you 4 had of these locations of these lands Reserved and your 5 knowledge of the Treaties. And the promises coming from 6 the Treaties arose from a number of sources, but 7 principally Ivan Watson and Arthur George. Is that 8 correct? 9 A Yes. 10 Q And not to be -- to complicate 11 matters, before we move on to where you -- where you are 12 identifying the Reserve lands, but the concept of the -- 13 there being sacred promises that the land become -- 14 became sacred, could you become -- or continues to be 15 sacred, could you explain to Mr. Justice Phelan about the 16 Treaty, about what the promises meant to the people? 17 A Yeah, well, they were quite 18 significant, but the Indian Act came into power shortly 19 after and wiped most of those -- they hid behind those 20 promises and didn't fulfill a lot of the things that the 21 chiefs wanted, so the Indian Act is a not a very good 22 thing for our people or anybody, so they under -- I don't 23 think anybody in this room lived under those 24 circumstances. 25 Q Living with the Crown and working with 26 the Crown, the Cree term for working with the Crown under 27 Treaty, what is that Cree term? 28 A Well, meewataskiwin. 7
1 Q Okay, and pimatihowin? 2 A Pimatihowin. Yeah. 3 Q Pimatihowin, and that for the court 4 reporter is the term that we had earlier given you the 5 spelling. 6 Could you describe that term, what it means 7 for the court? 8 A It means making a living or something 9 for yourself. Pimatihowin, to do with your life, whether 10 it to feed or health care or whatever. 11 Q And pursuant to the Treaty, was -- 12 could you describe the obligations under the Treaty to 13 keep the promises? What was the term in Cree for that? 14 A The Cree term for that is -- it's a 15 term used to speak the truth. 16 Q Right. 17 A I can't say that this -- at this time, 18 I sort of forgot some of the words. Because they are 19 like I said before, there's only a few of us that speak 20 Cree on this Nation. So there's no one to talk to. 21 Q When you say "speak the truth", do you 22 mean in the sense of the promises of the Treaty are to be 23 kept? 24 A Yes. 25 Q And what does -- what's the importance 26 of the word of the Queen? 27 A Well, it was everything is meant they 28 were for our people, we kept our word, we said we 8
1 wouldn't -- wouldn't battle the settlers and stuff like 2 that. We kept our promise, but like I say, the Indian 3 Act did a lot of harm to us. 4 Q Before we move on to the Indian Act 5 matters, in relation to the lands that were -- the lands 6 that were reserved, were they -- were they sacred when 7 they were reserved? 8 A Yes, well, it means everything to us. 9 It gives us everything to live, to live by. That's why 10 we give thanks to Mother Earth for providing all our 11 needs. 12 Q And so the lands, when you were with 13 Ivan Watson, and he spoke about the Treaties when you 14 obtained this information about the oral history, you 15 were actually physically on the lands? 16 A Yes. 17 Q And the lands that you -- how old 18 would you have been when this communication was occurring 19 with Ivan Watson? 20 A Well, I was in my 20s anyway. 21 Q Okay. Can you describe again the 22 lands that were surveyed and where the markers were 23 located on the map behind you? 24 A Yes. 25 MR. PHILLIPS: Mr. Justice Phelan, we 26 are using the system because the nature of the map that 27 has yellow stickies the Registrar and myself were trying 28 to figure out a way that would be more permanent on the 9
1 map, so if it's in keeping with your direction, we are 2 asking him to affix yellow stickers. 3 JUSTICE: That will be fine and through 4 the magic of modern technology, we will no doubt figure 5 out how to make them permanent. I will leave that to 6 you. 7 MR. PHILLIPS: I'm a dinosaur when it 8 comes to technology. That's why I have got so many good 9 people in my family and Nation that are available to do 10 that. 11 A Okay, the first one is the marker on 12 the north side of the valley up by Camp McKay, and 13 there's just not exact -- 14 MR. PHILLIPS: Can you pick that up on 15 the recording? I know the Registrar might be concerned. 16 COURT REPORTER: I can't hear. 17 A Well, turn up your hearing. There's 18 another marker here -- 19 JUSTICE: Excuse me, sir, you will have 20 to stop for a second. We can't pick up your voice. So I 21 don't know how to solve this. 22 A This is a marker that Ivan -- well, 23 it's no longer there, but Ivan Watson showed us, this was 24 Chacachas marker here. 25 Q MR. PHILLIPS: Could I just confirm 26 for the record then, you are saying you are affixing for 27 the record where Ivan Watson took you? 28 A Yes. 10
1 Q To see the -- and what area is that, 2 Chacachas or Kakisiwew? 3 A Kakisiwew Reserve. This is where I 4 was telling you yesterday, from the Round Lake school, 5 they went to bring cattle in here, before the Chacachas 6 Reserve. 7 Q Okay, would you affix a yellow sticker 8 then where that is? 9 A Around there place someplace. 10 Q And you were physically there with 11 Ivan Watson as he described it to you? 12 A Yeah, this is where he brought the 13 cattle from the late George Wasacase, who was going to 14 school in Round Lake, and they bring the cattle over here 15 for the summer months, Chacachas Reserve, he told me. 16 Q Could you turn your attention to the 17 Kakisiwew surveyed Reserve and did you affix a yellow 18 sticky -- sticker where the Kakisiwew Reserve was? 19 A Well, this is -- I don't know if it's 20 the north or south, he never told us, but there's four 21 markers in the ground here. 22 Q Can you put a yellow sticker there? 23 A The sticker is there already. This is 24 where the markers are. Where that the Reserve was, but 25 the -- 26 Q Okay, and what was the significance of 27 the markers? 28 A Well, that was the saying, there's the 11
1 Indian Reserve. There's another one up here someplace. 2 Q Okay. Once the markers were affixed 3 to the ground and the land Reserved, could you describe 4 for the court what you meant by the promises being 5 sacred, that land being important? 6 A This, I made a mistake here. That's 7 not the Reserve. This is where the marker here. 8 Q Okay. Now, can you describe for the 9 court how far that is from the Kakisiwew lands to the 10 Chacachas lands? 11 A Well, it's not far, it's a short 12 distance. I don't know if that was the end of the 13 Reserve or whatever that marker was, but he showed us 14 where a marker was at one time. 15 Q Right. So just in terms of between 16 those two areas where Ivan Watson took you and you saw 17 the surveyed Reserves, what distance would that be a 18 mile, two miles? 19 A No. Yeah, from the regional -- not 20 the Reserve now, it is about a mile, I guess. 21 Q Okay. Now, can you describe what the 22 Ivan and Arthur and the old people told you about what 23 happened to those two Reserve lands? 24 A Yes, I heard this from Elder Daniel 25 Ochapowace. That story of when they asked the Indian 26 agent, where is Chacachas Reserve on there, that's -- 27 there was a Reserve there, and so he just grabbed the 28 book and he slapped it on another book, there's where 12
1 Chacachas is, he said. 2 But they didn't like that very much. How 3 could he put two Reserves together without not coming to 4 the people and asking. They didn't ask. 5 Q And what did you hear from the old 6 people about the two chiefs, what their relationship was, 7 I think I asked you that yesterday. You gave some -- 8 beginning information. 9 Can you describe the relationship between 10 the chiefs and what happened? 11 A Well, the Kakisiwew was a great 12 leader, a lot of chiefs followed him. He was the first 13 to put his mark on Treaty 4. And Chacachas was in that 14 first few people that put their mark on that Treaty 4. 15 Q Okay. And what was Chacachas -- what 16 was Chacachas's relationship to Kakisiwew? 17 A Well, they must have been friends. 18 Q Are you making that assumption or did 19 you learn that from the oral history? 20 A I learned that Kakisiwew was a great 21 chief and I told you a lot of chiefs followed him. 22 Q Yeah. 23 A And so that's how he was with 24 Chacachas. Chacachas followed him. 25 Q Right. 26 A Where he made the Reserve. 27 Q So Chacachas -- so Kakisiwew would 28 have been a leader and a friend to all chiefs, including 13
1 Chacachas? 2 A Yes. 3 Q Okay. And was Chacachas somehow more 4 special than anyone else or he was the chief who looked 5 up to Kakisiwew? 6 A He looked up to Kakisiwew. He was a 7 chief. And he wanted to be a -- live close to him. 8 Q Okay. Did you hear -- did you 9 understand Chacachas ever making a request of Kakisiwew? 10 A Yes, he did, when his people were 11 spread out, and so he was going to want to find all of 12 them to come home to the Reserve, but he never made it 13 home. 14 He asked -- he asked Kakisiwew look after 15 my people, and so the late Chief Denton George really 16 believes in that, and he told me one time, we had to look 17 after those people, they are still here, Chacachas 18 people, we have to look after them. That's our job. 19 Those two chiefs made that agreement and we got to carry 20 through. So that's what we were doing, when Denton 21 George was the chief. 22 Q Yes. What did Chief Denton George and 23 the old people mean when they said that the chief asked 24 the other chief to look after his people? What is the 25 part of that? 26 A Well, just to look after them because 27 like I said, he was away to gather his other people. 28 They were all spread out in western Canada and the 14
1 States. 2 Q When Chief Chacachas asked that, did 3 it mean that his members would be members of Kakisiwew? 4 A No. Because Chacachas was coming back 5 to camp and the members of Ochapowace or Kakisiwew. 6 Q What's required for members to join a 7 Band? 8 A Well, at one time, before Indian 9 Affairs got ahold of our register, all was required by 10 the late chief was that you come and stand behind me and 11 you are a member of our Band. That's all it took, but 12 now, there's a -- you have to write a thousand papers or 13 more, go to every government agency, and they make laws, 14 like the first -- first time when our men marry people, 15 humans, they become a member of our Band. 16 Since 1985, it's no longer like that. They 17 won't become a member of their Band, till they say where 18 they are. 19 Q To the best of your knowledge, based 20 upon the old people and other persons, did Chacachas 21 members become members of Kakisiwew? 22 A No, they never have, they always 23 maintained they were from Chacachas. Even to the latest 24 date of when we were doing TLE and asking people, we 25 wanted to know more about Chacachas and the things of 26 their membership and that, I went into this one home and 27 this lady told me, are they trying to kick us off 28 Chacachas, and I said no, the thing is we are trying to 15
1 get numbers, so we can have more land for TLE. 2 Q Can I take you back before we go to 3 those circumstances, can I take you back, what did the 4 old people say about when they heard that Chacachas was 5 not returning? When he had passed away? 6 A Well, they still wanted to move back, 7 but by that time, Indian agents probably sold part of 8 that Reserve and there was settlers there. 9 Q Did anyone look for his grave, 10 Chacachas's? 11 A Chacachas -- I'm not sure. I was 12 never told that, of that was happening. 13 Q Now, yesterday, we, as part of your 14 testimony, you were speaking about the concept of an 15 Indigenous perspective, people looking after each other, 16 could you describe that? 17 A Yeah, it's not like today, they 18 sending the old people to old folks' homes and stuff like 19 that. It was never -- never thought of in Indian 20 country. You always looked after your old people. Right 21 from the time they were deceased, I suppose. 22 Q Okay, and your understanding of the 23 people after Chacachas passed away and what the old 24 people say happened after Chacachas passed away, you 25 describe there being this discussion with the Indian 26 agent about the books, about putting one book over 27 another. 28 Can you describe that? What happened at 16
1 time of Treaty and after with regard to the farm 2 instructor? 3 A Well, they were wanting to get 4 Chacachas back. I mean the people wanted to move, but by 5 that time, there was already settlers on Chacachas 6 Reserve and they had no place to go, I suppose, or 7 they -- so they asked the farm instructor, what happened 8 to Chacachas, and that's the story I told. He picked up 9 a book and put another on top of another book and he 10 said, there's Chacachas. 11 Q Now, the farm instructor, we have used 12 the term "the farm instructor". Can you describe for 13 Mr. Justice Phelan where that term the farm instructor 14 comes and who he was working for? 15 A Well, he worked for the department. 16 They no longer call them farm instructors. They are 17 assistant agents. 18 Q Okay. And how long did the farm 19 instructor work on with Ochapowace? How long did 20 Ochapowace have a farm instructor and what authority did 21 the farm instructor have? 22 A He had a lot of authority, but I can't 23 remember when Mr. Broxton, they moved him Fort 24 Qu'Appelle. 25 Q Approximately what date, can you 26 remember that? 27 A Well, must have been in the '80s. 28 That Ochapowace leasehold on the west side was in 17
1 operation and his children went to school there. 2 Q So this farm instructor, when the farm 3 instructor was giving these descriptions to Chacachas 4 peoples, were they happy with the answer? Do you 5 understand -- 6 A No, they weren't happy because they 7 wanted their own land back. They wanted to go home. 8 Q Okay. Now, who was Ochapowace? 9 A He is the son of Kakisiwew. 10 Q And did he have sons? 11 A I do believe so, a Walter and Jack. 12 Q And how did they become involved in 13 governance, and was there another person involved? 14 A Yeah, they took a vote when Kakisiwew 15 died, and they voted for Cameron Watson but the Indian 16 Affairs didn't want him. They said he is too traditional 17 and he carries culture, so they didn't allow him to 18 become our chief. 19 And they put Walter Ochapowace as the 20 chief. And so they gave the name of Ochapowace Reserve. 21 It's not Ochapowace, this is Kakisiwew Reserve. 22 Q And after -- 23 A But -- 24 Q Sorry, go ahead? 25 A They made an Indian Act Band and 26 that's what Ochapowace is, an Indian Act Band. It's not 27 a Treaty Band, by the works of the Department of Indian 28 Affairs. 18
1 Q Now, after, what ultimately -- in 2 terms of governance, you have talked about there being 3 interruption in governance the old people told you about. 4 Did the government interfere with other 5 matters of governance, not allowing Ochapowace peoples or 6 Kakisiwew peoples or Chacachas peoples to have their own 7 leadership? 8 A Yes, we never had a chief for a number 9 of years. They wouldn't let us have a chief. 10 Q What years were those? 11 A I can't remember, but after they also 12 took Walter out of being the chief, and we never had a 13 chief for, I don't know, maybe 20 years or so. 14 Q And we will hear this later, not as 15 part of oral traditional evidence. When you say "they", 16 do you mean the Crown? 17 A Yes. 18 Q And when you say "they took him out", 19 do you mean they actually passed an Order in Council? 20 A I don't know, I don't think they 21 needed Orders in Council to dispose of a chief. 22 Q Okay. So your information about this 23 interruption in governance came from the old people? 24 A Yes. Could I have a break. 25 MR. PHILLIPS: Yes, if I could, Your 26 Honour, Mr. Justice Phelan, he needs to take quick 27 breaks. 28 JUSTICE: Go ahead. 19
1 A Thank you. 2 3 (WITNESS EXCUSED) 4 (WITNESS RETURNS TO THE STAND) 5 MR. PHILLIPS: Could we resume? 6 JUSTICE: Yes. 7 MR. PHILLIPS: Thank you. 8 Q MR. PHILLIPS: If you need a break, 9 just let us know. 10 Now, could you tell me with regard to Chief 11 Walter Ochapowace, what the reason was the government 12 gave for removing him? 13 A I believe because he practiced some of 14 the culture activities. 15 Q Okay. And you have given testimony 16 THAT for a period of time there was no chief? 17 A Yes. 18 Q Was that -- according to the old 19 people and the oral history, was that taken to be a 20 breach of the Treaty? 21 A Well, like I said, they are very 22 scared of Indian Affairs agents and farm instructors, so 23 they couldn't say or do too much. 24 Q And could you tell me, did the old 25 people tell you about what the Indian agent or farm 26 instructor did? 27 A Well, I heard stories of sending 28 people to jail and different things like that. And 20
1 probably not giving any rations. They had power over the 2 people. 3 Q When you say control the rations, was 4 there hunger? 5 A Oh, I imagine. Because there was no 6 more buffalo. 7 Q Okay, and we have heard, and I want to 8 hear from you, what system did you understand that the 9 Indian agent and the government imposed? 10 A Well, the -- like people talk about 11 lifetime chiefs. Well, they didn't allow that. They 12 made you have an election every year and every two years, 13 so that was very hard on people. You can't do much in 14 two years. 15 Q Okay. And did that began in your 16 lifetime? 17 A Yes, it did, yes. 18 Q But before that time, was there a 19 system that dealt with people going on and off the 20 Reserve? 21 A Oh, yeah, you couldn't move as you 22 liked. You couldn't sell wood as you liked, pickets or 23 anything to make a living, you had to get a permit and 24 the Indian agent lived in Cowessess. So I heard a story 25 of a man trying to give a permit to feed his family. He 26 went there four times and each time the Indian agent 27 wasn't home. So he had to drive all the way back home in 28 a wagon, took forever and a day. 21
1 Q Okay. Now, yesterday we spoke about 2 Round Lake and about institutions there built by 3 government. You started to talk about Round Lake. Can 4 you describe what Round Lake is or why it's significant? 5 A Well, Round Lake is a -- Kakisiwew 6 chose that and I don't believe it was that big, because 7 of evidence that I heard from people, from two points, 8 from Bird's Point to Indian Point, they used to drive a 9 team of horses across. That's how they crossed. Crossed 10 Round -- the river at Round -- or around Round Lake. 11 He said I'm going to take this, all this 12 lake, he said it's going to be sunshine here for a long 13 time. I'm speaking English, I should be speaking Cree. 14 I was told this in Cree. 15 Q Yes. 16 A (Cree spoken.) 17 Q Can you translate what that is? 18 A So I want to take all of this Round 19 Lake. 20 Q Okay. 21 A To be mine. There will be light here 22 for a few years, he said, because Round Lake was a -- on 23 the east side of where I believe originally was -- there 24 was a lot of trees and forests there. 25 Q Can you point on the map to where it 26 is? 27 A This is Round Lake here and -- 28 MR. PHILLIPS: Could I approach the 22
1 witness just for a moment? 2 Q MR. PHILLIPS: Could I get you to 3 put a yellow sticky on Round Lake and then put your 4 initials? 5 A This is Round Lake here. 6 Q Put your initials there. Could you 7 put your initials on where the original Kakisiwew Reserve 8 was? 9 A Well, this was that here, he wanted 10 all of this, right here. On the north side. 11 Q We will return to that in a minute. I 12 have to go back because they can't pick me up on 13 microphone. 14 Now, did the government build a 15 residential -- did the government build something at 16 Round Lake? What happened at Round Lake with the 17 government? 18 A Yeah, they build a boarding school. 19 Q What year was that? 20 A I don't know. I wasn't -- 21 Q Did the old people tell you? 22 A Yes, well, I seen it. It was -- I 23 went there when I was quite young. I wasn't school age 24 yet when I was there. But my brother was went to school 25 there. 26 Q Did you go to residential school? 27 A Not in here, in Alberta. 28 Q Okay. Which school did you go to? 23
1 A St. Albert. 2 Q Okay. And what happened? 3 A I ran away from that school. Never 4 been in school since. 5 Q And where did you go? 6 A I come home. 7 Q Okay. Did you go to school after 8 that? 9 A No. 10 Q How old were you? 11 A I was 16, 17, I guess. 12 Q Okay. Did you -- with regard to 13 Kakisiwew and his asking for land around Round Lake, did 14 you hear any stories or oral history about the chief 15 asking for any new Reserve land? 16 A No, I never heard that. No one told 17 me that. 18 Q Okay. So when going back to the 19 history told to you, what can you tell the court about 20 the people and their response to the farm instructor 21 after he told them the story about the books? 22 A Well, they didn't like it and they 23 hired a lawyer. But the lawyer got scared off by the 24 government too. 25 Q Okay, and let's just before we go to 26 that, in what way do you know this? 27 A Well, through the -- 28 Q Okay, what do you understand that the 24
1 true story to be? 2 A Well, like Arthur George told me the 3 story. He said they hired Neff, and then he got a letter 4 from Ottawa telling him they are going to take his 5 licence away on him and he no longer practice law. So he 6 gathered up all the information they had and gave it to 7 my grandfather and they were also scared. 8 Q Which grandfather was that? 9 A Peter Watson. 10 Q Okay. And can we just back up for a 11 moment, please? You were born in what year? 12 A '44. 13 Q And did this happen before or after 14 you were born? 15 A Way before. 16 Q Okay. And the name of the lawyer was 17 what? 18 A Neff. 19 Q Where did he practice? 20 A Grenfell. 21 Q And so in just taking you through step 22 by step here, you were told this by? 23 A Arthur George. 24 Q And the story was told to who? You 25 said your grandfather? 26 A Yes. He was my grandfather, yes. 27 Q Okay. And so you then began to say 28 yesterday, and said again today, something about the 25
1 papers that Neff gave. What happened with the papers? 2 A Yeah, that was when they were -- they 3 got scared. Well, they were always afraid of Indian 4 agents and farm instructors. They had power over our 5 people. They said they sure don't do that now. 6 Q And what do you understand happened to 7 the papers? 8 A Well, they took and they buried them. 9 Q Where? 10 A North of my grandfather's house 11 someplace. 12 Q Why, why did they do that? 13 A Well, like I said, they are scared of 14 Indian Affairs and the lawyer told them that he could no 15 longer work for them. 16 Q Okay. 17 A That's enough to scare anybody. 18 Indian Affairs could do anything to us, or their agents. 19 Q Yes. And do you know when Peter 20 Watson passed away? 21 A No, I don't remember. But it wasn't 22 that long ago. 23 Q Did your grandmother -- when your 24 grandmother Sara, when did she pass away? 25 A Well, I was 13 years old at the time. 26 Q Okay, so Sara passed away first and 27 then Peter? 28 A Yes. 26
1 Q Do you remember approximately how old 2 you would have been when Peter passed away? 3 A Well, I was quite old already. 4 Q And so what did you understand that 5 the government said to Neff? 6 A Said to who? 7 Q What do you understand, what did the 8 old people tell you about Neff? And what -- 9 A Well, like I told you before, they 10 were going to take his licence away. They weren't going 11 to allow him to practice. So he had to give -- he said 12 we have to get rid of these papers and so he gave them to 13 my grandfather. 14 Q Okay. What happened since the hiring 15 of Neff? Did the old people -- what did the old people 16 tell you about working on these matters? 17 A Well, they never, ever forgot. Like I 18 said, it was '90 when I went around with TLE and that's 19 what this lady told me, are you trying to kick us off the 20 Chacachas and I said no. I'm trying to get some numbers 21 here. 22 Q Okay. And what about the Elders -- 23 A It was always, always in our mind. It 24 never left us. There's people moved over there already. 25 So it's been with us all my life. 26 Q Can you describe for the court as part 27 of the TLE process, did you -- what happened as far as 28 interviews of the old people? Why was it necessary? 27
1 A Well, we wanted to know names in our 2 Band lists and the government all of a sudden said, well, 3 you guys can use Chacachas numbers too. So we gladly did 4 it because it brought up the land acreage, and but the 5 late Cameron Watson put a step further to that and asked 6 them since they are going to use Chacachas members, 7 member lists, to make that Reserve too, and we were told 8 by the chief negotiator there and our lawyer, Bill 9 Pillipow, he said, well, we will deal with this at a 10 later date and that later date is now. I guess. 11 Q Now, you are being asked to testify 12 again in Regina. Correct? 13 A Yeah. 14 Q And you will be describing more -- in 15 more, as a witness as to, a lay witness, you will be 16 asked some questions about events that you were involved 17 with personally that happened to you, so I'm not asking 18 you about those matters now. 19 But in relation to the interviews that you 20 had with the old people, when you were doing those 21 interviews, was there ever -- did you ever hear anything 22 about a request for a joint Reserve? 23 A No. Never, never entered anybody's 24 mind. 25 Q So then the actions with respect to 26 the Reserve, from your understanding with respect to the 27 oral history, the old people, it was something done to 28 you, not at your -- at the request of -- 28
1 A Yeah, yeah. They unilaterally put 2 Chacachas with Kakisiwew, without telling us or asking. 3 Asking us, getting our vote or whatever. It never 4 happened. 5 Q Okay. Now, just as a -- the map 6 that's behind you, if I could, would there be -- would 7 there be a microphone that we could -- while he is -- a 8 movable mic that I could walk over there and he can 9 describe the stickies on the map. 10 JUSTICE: There's a mic just up on top 11 of the map. 12 MR. PHILLIPS: Okay, if I might approach 13 and I will do that. 14 Q MR. PHILLIPS: Can you describe for 15 the court what this sticky represents that you put up? 16 A That is a mound of a Kakisiwew Reserve 17 but there's no mound here. Like I say, there is only 18 four holes in the earth. 19 COURT REPORTER: I'm sorry, I can't 20 hear. 21 A All right. What's the matter with 22 you? All right. Well -- well, they can't hear. 23 Q MR. PHILLIPS: We are going to have 24 you write the number 2 on that yellow sticky, and then 25 you are going to describe for the court reporter, who 26 wants to hear every word, what number 2 represents? 27 A Well, there was a Reserve marker here, 28 it's no longer there. There's only four dents in the 29
1 earth here. 2 Q Okay. Can we then go to the next 3 sticky, number 3. Write number 3. 4 A This is edge of the Reserve on the 5 east side and Round Lake. 6 Q Which Reserve? 7 A Ochapowace. 8 Q Okay. Can we go down to go across, 9 number 4, what does number 4 represent? Write number 4. 10 A Number 5 is the marker for Chacachas, 11 it's either the north end of it or the east end of it. 12 He never said that, but he said there was a marker and a 13 river back here someplace. This is close to No. 9 14 highway. 15 Q Yes? 16 A It may even be closer than where I put 17 this marker. 18 Q Do you want to put another yellow 19 sticky on that? Do you want to correct it? 20 A Yeah, it should be maybe closer here. 21 Q Where do you want me to put it? 22 A Right here. 23 Q Okay. That's instead of number 5? 24 A That will be number 5. 25 JUSTICE: We are still looking for 26 number 4. 27 Q MR. PHILLIPS: Yeah, we're still 28 looking for number 4. Just scratch out number 5. Okay. 30
1 We will get that. Now, go back to number 4. Describe 2 what you put number 4, it's number 4 is another marker. 3 A You might have put number 4 for 4 number 6. 5 Q Okay. So let's scratch out number 4. 6 There won't be a number 4. What is number 6 then? 7 A Yeah, number 6 is where the Round Lake 8 school boys drove their cattle to graze on Chacachas 9 Reserve. And that's what they told me, that Chacachas 10 Reserve, we were on. 11 Q Okay, and then there's another yellow 12 sticky at the bottom? 13 A Yeah, this is the south end of our 14 Reserve there. There's a marker, marker, Indian -- 15 marked Indian Reserve. 16 Q For which Reserve? 17 A Ochapowace. 18 Q Ochapowace. Okay. Are there any 19 other stickies you want to put on the map? 20 A No. You never asked me but like I 21 told you, this is where -- this is where the people 22 crossed the river. 23 Q So the first point is right there? 24 A No, right here. This is Indian Point 25 here someplace. 26 Q Okay. Do you want to write number 8 27 on there? Okay, so describing this map as a whole? 28 JUSTICE: Before you do that, could you 31
1 kindly run through the numbers or markings. 2 MR. PHILLIPS: Some of them have been 3 cancelled. 4 JUSTICE: Right, I know number 4 is 5 gone, so we don't have four. 6 Q MR. PHILLIPS: So let's look here. 7 The first sticky that you put on, number 2? 8 A Is a marker. 9 Q It's a marker? 10 A Yeah. 11 Q Okay, number 3? 12 A Is another marker on the east end of 13 the Reserve. 14 JUSTICE: That's the east side of the 15 Reserve, right. 16 A Yes. 17 JUSTICE: Number 4 is gone. 18 MR. PHILLIPS: Yeah. 19 JUSTICE: Number 5. 20 A There was a marker there for Chacachas 21 Reserve. 22 Q MR. PHILLIPS: Number 6? 23 A That's where the students brought 24 cattle to graze all summer. 25 Q Number 7? 26 A There's another Reserve marker. 27 Q Okay, and number 8? 28 A Number 8 is where we used to cross, 32
1 them gentlemen told me that's where they used to drive 2 across. 3 Q Do you want to make that a better 4 number 8? And I will get you just to back up for a sec, 5 so Mr. Justice Phelan can see that. 6 JUSTICE: Okay, so we have got number 5, 7 which is a Reserve marker. Number 6 is a Reserve -- 8 residential school. Right, number 7 is a Reserve marker 9 and number 8 is where people went across the lake, in the 10 lake. 11 Q MR. PHILLIPS: Can you describe 12 just for clarification that Round Lake, this map shows 13 more of Round Lake than what existed before, is that 14 correct? 15 A Yes. 16 Q Describe for His Lordship why Round 17 Lake is bigger than it was when -- 18 A Well, they put a dam here in -- and 19 that flooded all this. This was all bush, and another 20 gentleman told me he cut 100 loads of wood in here, this 21 area. 22 Today you will never find them loads of 23 wood, but this is all forest. He brought it to the 24 school, he sold that hundred loads of wood to the school 25 here. So that's -- they flooded over 1200 acres of our 26 land by putting that dam in there. 27 Q Okay, can you describe for the 28 court -- can you put a last sticky on and describe where 33
1 we are right now? 2 A Well, we are pretty close to here, 3 right around here. I imagine, yeah, right around here. 4 JUSTICE: The crossroads. The 5 crossroads, right. 6 MR. PHILLIPS: Yeah. 7 Q MR. PHILLIPS: Mark that? 8 A Nine. 9 Q Is there any additions you would like 10 to make or clarifications, for Mr. Justice Phelan, just 11 come this way so he can see the map. Is there any 12 further clarification for Justice Phelan? 13 A I don't need clarification but 14 somebody else might. 15 Q Okay. I will leave the yellow 16 stickies here for you. 17 MR. PHILLIPS: I think that I'm very 18 close to being complete, but if we could have a short 19 adjournment, I think the witness would need it and I 20 would need it for a moment to consult with my co-counsel. 21 JUSTICE: Okay, we will take five 22 minutes. 23 REGISTRAR: This matter will recess for 24 five minutes. 25 (BREAK) 26 MR. PHILLIPS: I have two questions, 27 Mr. Justice Phelan, of this witness, and then I believe 28 we are complete, from our point of view and in chief. 34
1 Q MR. PHILLIPS: First of all, when 2 we have been having the evidence from the map about where 3 the posts were located and Ivan Watson taking you to 4 those places, why was Ivan Watson taking you to those 5 places? 6 A Well, he wanted for us to know where 7 the Reserve was, both Reserves. 8 Q And was this done in -- by -- in a way 9 that he was -- on what basis was the information being 10 provided from Ivan, as an Elder or as pursuant to tobacco 11 or what protocol? 12 A I believe he was asked to by the chief 13 to take us to. It wasn't only me, it was four or five of 14 us that he took up in those places. 15 Q Okay. Could you describe the other 16 persons and what relationship they had with you? 17 A Probably the late Chief Denton George, 18 my brother Larry Allary, and Elvis Henry, and I can't 19 remember who else. But there was four or five of us, he 20 took us to show us these places. 21 Q Okay, the second question that I'd 22 like to have you address is Joe Crowe, could you tell me 23 who he is and what relationship he had to you? 24 A Well, Joe Crowe was an uncle to 25 Cameron and Morley Watson, and he become a friend of 26 mine, so I would -- he wanted to talk about Treaty and 27 different things that were happening, and was great to 28 visit him, he have a whole slew of knowledge on different 35
1 things that he would tell me about. 2 Q Was he -- what First Nation was he 3 from? 4 A Kakisiwew. 5 Q Okay. And so we haven't asked you 6 questions that relate to the conversations you had with 7 him. The conversations you might have had with him were 8 as friends? 9 A Yes. 10 Q Okay. So we haven't asked you that 11 today. 12 A No. 13 Q But we may ask that next week. 14 A Okay. 15 Q So the questions I had asked you have 16 been asked because you had the tobacco and you are giving 17 this evidence, this oral history evidence, to the best of 18 your ability. Is that right? 19 A Yes. 20 Q Is there anything further that you 21 would like to tell the court before we pause and 22 questions are asked by others, including the Crown? 23 A No, I'd answer whatever questions they 24 have. 25 MR. PHILLIPS: Okay, Mr. Justice Phelan, 26 that completes our examination. 27 JUSTICE: Thank you. 28 36
1 Cross-Examination by Mr. Waller: 2 Q MR. WALLER: Mr. Allary, I have a 3 very few questions. First one, when you initially spoke 4 about Round Lake, I understood you to say that it might 5 have been further east than it is today. Is that correct 6 or was I -- 7 A Yeah, the original Round Lake was from 8 the Points. I don't know if you ever went down to Bird's 9 Point or Indian Point. That is where the original lake 10 was, but all the rest, all acres there is flooded due to 11 the dam. 12 Q And that's on the west side of Round 13 Lake, is it? The area that was flooded? 14 A Yes. 15 Q You have mentioned a reference to the 16 old people from Chacachas. When the people came to what 17 is now the Ochapowace Reserve, to the area that the farm 18 instructor described with the two books, did both the 19 Chacachas and Kakisiwew people settle in the same 20 locations? Did the old people talk about that? 21 A No. Chacachas settled on the east 22 side of this Reserve. And Chacachas settled here. 23 Q On the west? 24 A Yes. 25 Q And was there -- or how was the -- or 26 how were the two Bands carried on after they were moved 27 on to the joint Reserve? 28 A Well, we learned to live together, 37
1 like I said, the chief was asked to look after them, so 2 that's what we did. 3 Q Okay. Now, when the Chacachas people, 4 the Elders, talked about the land that was part of the 5 original Reserve surveyed for Chacachas, how did they 6 describe that land? 7 A Well, they described the location of 8 that land. Like from Ochapowace Reserve or Kakisiwew 9 Reserve, and I don't believe they were paid Treaty two 10 times by the Reserve or close to the -- their Reserve, 11 Chacachas people. 12 Q That's what they -- the Elders had 13 said? 14 A That's what they said, yes. 15 Q And did they tell you stories about 16 the move itself? Why they moved, that kind of thing? 17 A No, they never give me any reasons why 18 they left their Reserve, maybe when the Reserve was being 19 surveyed that they were away at the time. They never 20 mentioned that. They just said that Chacachas was going 21 to want to get his people to where ever they were. 22 MR. WALLER: All right. Those are the 23 questions I have. Thank you. 24 JUSTICE: Mr. Stevenson. 25 26 Cross-Examination by Mr. Stevenson: 27 Q MR. STEVENSON: Good morning, 28 Mr. Allary. 38
1 A Good morning. 2 Q Thank you for your patience with us. 3 I only have one question for you. 4 Now, you described the location generally 5 for the original Kakisiwew Reserve and you also described 6 generally the location for the original Chacachas 7 Reserve. 8 Can you put a sticky on that map where the 9 first surveyed Reserve for the Kahkewistahaw Band was 10 first surveyed, and we can perhaps mark that as 11 number 10? 12 A Well, Kahkewistahaw, I was told by an 13 Elder, it was way south of Broadview, that's how far 14 Kahkewistahaw was. And it was across the Pipestone -- 15 Pipestone Creek. 16 I don't know if you know that area, but 17 that's where Kahkewistahaw was. It was never by where 18 Ochapowace is now or Kahkewistahaw. It was never there, 19 Joe Crowe said told me that an Elder told him he walked, 20 he walked that whole distance to mark his Reserve, which 21 is south of the Pipestone Creek. 22 Q Now, the original Reserve for the 23 Kahkewistahaw people when it was surveyed along the same 24 time originally by in the 1870s, where was that original 25 Reserve surveyed, if you can answer that? 26 A Well, where it is now, like I said, 27 but it was further south too. He showed (Cree spoken) in 28 between the two rivers, which was the Qu'Appelle River 39
1 and Pipestone River. That's how far Kahkewistahaw was. 2 Q Did the Elders mention about the 3 location where we are at right now on Ochapowace Reserve, 4 did the Elders ever mention that this land here that is 5 considered the Ochapowace Reserve presently, was it 6 ever -- did it ever form a part of the Kahkewistahaw 7 Reserve? 8 A No, they -- they could have done that 9 but I was -- I was wondering about that. I see that on 10 an old map. But it doesn't say Kahkewistahaw, because 11 Kana something. 12 Anyway, it's not Kahkewistahaw but I asked 13 Joe Crowe about that and he says, oh, that never, ever 14 happened, he says. Where we are now, he says, but it's 15 between the two creaks, Pipestone Creek and Round Lake. 16 That's where our original Reserve is. He said. 17 MR. STEVENSON: Okay, thank you very 18 much. Those are my questions. 19 20 Cross-Examination by Ms. Guebert: 21 Q MS. GUEBERT: Good morning, Your 22 Honour. Good morning, Mr. Allary. 23 A Good morning. 24 Q Would you prefer I call you Mr. Allary 25 or Ross? 26 A Whatever, whatever you want to call 27 me. 28 MS. GUEBERT: Thank you. Your Honour, 40
1 I just want to note, I don't have a clock with me, so if 2 you would like to take a break, please feel free to 3 interrupt me. 4 JUSTICE: Okay, how long do you think 5 you will be? 6 MS. GUEBERT: I'm hoping to be half an 7 hour at the absolute most, but it will just depend on 8 some of the answers. 9 JUSTICE: We will go for say another ten 10 minutes or so and then take a break. 11 MS. GUEBERT: Okay, I will try and 12 perhaps stop when I think -- 13 JUSTICE: Wherever that's convenient, in 14 the next little while. 15 MS. GUEBERT: Makes sense, thank you. 16 We just wanted to note, sorry, before I 17 start with my questions, that we had some concerns with 18 some of the speculative nature of the answers given, but 19 I think we can address that later on, if that's okay. 20 JUSTICE: That's fine. I appreciate 21 what you are referring to it. 22 MS. GUEBERT: Thank you. 23 Q MS. GUEBERT: So my name is Jenilee 24 Guebert, you are probably aware of that by now. I'm a 25 lawyer with the Government of Canada, and it is a 26 pleasure to meet you. 27 If you need me to speak up or slow down or 28 repeat a question or rephrase it, just don't hesitate to 41
1 ask. And again, if I mispronounce anything, please 2 correct me. I will do my best. As I go along. 3 I would just like to start out by asking 4 you if there's anything you have done to prepare for your 5 testimony yesterday and today. 6 A Well, I have been at this for about 7 30 years so there's not much to prepare. And I thought 8 Mrs. Jones was going to get up and talk. No offence to 9 you though. 10 Q None taken. Have you reviewed the 11 pleadings? You have seen the Statement of Claim with 12 respect to these actions? 13 A Pardon? 14 Q The Statement of Claims that were 15 filed, you would be familiar with those? 16 A Partly, yes. 17 Q And have you reviewed any reports with 18 respect to this litigation? 19 A Not -- not recently. I don't like 20 reading. 21 Q But over the course of the past 22 30 years, you may have reviewed some reports? 23 A Yes. 24 Q Yeah. Would you have reviewed a 25 report by a Mr. Storey? 26 A No. I haven't -- I haven't seen that. 27 I haven't seen that. 28 Q Okay. And what about a report by 42
1 somebody called Mr. Nestor? 2 A No, I haven't seen that either. 3 Q Would you have reviewed some documents 4 with respect to this litigation? 5 A Very little, if any. Because I was 6 with this for 30 years. So I don't have to read. 7 Q You would have sworn some affidavit of 8 documents over the course of your involvement with 9 litigation, is that correct? 10 A I think I did. 11 Q And you may have reviewed some 12 documents in doing that? 13 A May have. Can't recall. 14 Q And you were a deponent in these 15 actions, is that correct? 16 A I suppose. 17 Q And were you present during counsel's 18 opening submissions? 19 A Yes. 20 Q And were you present during the other 21 Elders' testimony with respect to this action? 22 A Yes. I could clarify that for you a 23 bit. This, what we are talking about, will come out in 24 different ways from different Elders, because they were 25 told different from different people. So we won't all 26 tell the same story. 27 Q Thank you. 28 A So her story, that will be something 43
1 else, and to me, my way of knowing things. This claim. 2 Q Thank you. And you are a member of 3 the Ochapowace First Nation, that's correct? 4 A Pardon? 5 Q You are a member of the Ochapowace 6 First Nation? 7 A Yes. 8 Q Yes. And I think you said you served 9 on Band Council for quite a number of years? 10 A Yes. 11 Q I think you said 28 years as a 12 councillor and five years as chief, is that right? 13 A Yeah, yes. 14 Q And when would you have started on 15 Band Council? I think you said it was in the '80s, would 16 that be correct? 17 A Might have been, yes. 18 Q And you currently live here on the 19 Ochapowace Reserve. Is that correct? 20 A Yes. 21 Q And now you said earlier today that 22 you went away to residential school, I believe you said 23 in Alberta. Is that correct? 24 A Yes. 25 Q And I believe you said, correct me if 26 I'm wrong, that you left or ran away when you were about 27 16 or 17, is that correct? 28 A Yes, yes. 44
1 Q When did you first go to residential 2 school? 3 A I was just about two months I was 4 there. I didn't like the place, so I ran away from 5 there. 6 Q So you would have gone to residential 7 school when you were about 16? 8 A Yes. 9 Q I just -- I know that my friend, 10 Mr. Phillips, has asked you possibly some of these 11 questions, but I'm just hoping that, so that I can help 12 clarify in my mind, just with respect to some of your 13 uncles and your family members, so that I can get it 14 straight in my mind, if you don't mind. 15 A Pretty hard. I'm related to just 16 about everybody on this Reserve, so it would be hard on 17 you. 18 Q So are you related to Denton George? 19 A Yes, I'm his first cousin. 20 Q And that would be on your mother's 21 side? 22 A On my mother's side. 23 Q And with respect to -- would he be 24 about the same -- same age, born around the same time as 25 you? 26 A He was younger than I was. 27 Q And are you related to Cameron Watson? 28 A Yes. My first cousin also. On my 45
1 mother's side. My brother -- my uncle -- my mother's 2 brother, his son, Cameron and Morley Watson. 3 Q And would he be born around the same 4 time as you? 5 A No, they were younger than I was. 6 Q They were both younger? Thank you. 7 And I believe Ivan Watson is your uncle. Is that 8 correct? 9 A Yes, my mother's brother. 10 Q And do you know when he would have 11 been born? 12 A No, I'm not that old to know that. 13 Q He has passed away, is that correct? 14 A Yes. 15 Q Do you know how old he would have been 16 when he died? 17 A No, I don't. 18 Q Do you know how old you would have 19 been when he passed away? 20 A Oh, I was quite older, probably in my 21 30s. 22 Q And Arthur George would have been your 23 great uncle. Is that correct? 24 A Yeah, he was my mother's uncle, yeah. 25 Q And do you know when he would have 26 been born? 27 A No. 28 Q Or when he would have died? 46
1 A No, I don't know that either. 2 Q And were you still -- were you alive 3 when he passed away? 4 A Oh, yeah. It was only about four or 5 five years ago he passed away. 6 Q Oh, sorry. So you would have been in 7 your late 60s? 8 A Yeah, probably. 9 Q And I believe your paternal 10 grandfather was a member of Cowessess First Nation. Is 11 that correct? 12 A Yeah, I don't really know the history 13 too much of that. I do believe he came from Manitoba to 14 start with, then to Cowessess. 15 Q And he married into Ochapowace. Is 16 that correct? 17 A No, my grandfather. Yes. 18 Q And your great-grandfather was Jack 19 Ochapowace then, is that correct? 20 A Yeah, he was my grandfather in some 21 capacity, but I -- my mother -- my mother's dad is Peter 22 Watson and Peter -- Peter Watson, and Jack Ochapowace 23 married his mother, so he was a grandfather that way. 24 Q And I believe you said your 25 grandmother on your father's side was Sara Bear. Is that 26 correct? 27 A Yes. 28 Q And are you then related to Sharon 47
1 Bear? 2 A Excuse me. In -- in Indian way, I 3 guess, because my grandmother was married to Charlie 4 Assiniboine, her last husband, and Morley Bear comes from 5 that family, that part of the family. 6 Q I see so related because Sara Bear 7 married Charlie Assiniboine and through their family? 8 A Yes. 9 Q And that would be the same with 10 respect to Wesley Bear. Is that correct? 11 A Yes. 12 Q And just so I'm clear then, so 13 Kakisiwew was then the father of Jack Ochapowace. Is 14 that correct? 15 A No. I don't believe his dad was 16 Ochapowace, the man they called Ochapowace. 17 Q So Ochapowace was Jack Ochapowace's 18 father and Kakisiwew was Ochapowace's father, would that 19 be correct? 20 A That's what I believe. 21 Q Okay. 22 A I don't know if it's true or not. 23 MS. GUEBERT: I'm not sure if this would 24 be that good time to take that break or if you would like 25 me to carry on. 26 JUSTICE: 15 minutes. Just so everyone 27 knows, we will come back at 11:15. 28 REGISTRAR: This matter is adjourned 48
1 until 11:15. 2 (BREAK) 3 REGISTRAR: This matter is resumed. 4 JUSTICE: Go ahead. 5 Q MS. GUEBERT: Thank you. So I just 6 have several more questions? 7 A How many more? 8 Q Just a few more. It shouldn't be too 9 much longer. 10 JUSTICE: That's lawyer's time. 11 A Don't have to talk long. 12 Q MS. GUEBERT: I just wanted to back 13 up a bit and also ask you, I believe you were also 14 present during the other plaintiffs' examinations for 15 discoveries, is that correct? 16 A Yeah, yes. 17 Q Thank you. And I just have a couple 18 more questions I thought I was done with piecing them 19 together, who was where, but just if you can bear with 20 me. 21 What's your relationship to Daniel 22 Ochapowace? Is he related to you? 23 A No. Not -- long maybe. Maybe. 24 Q He would be related to Jack Ochapowace 25 in some manner? 26 A Yeah, yeah, in that way. 27 Q Is that correct? Do you know when he 28 would have passed away? 49
1 A No, I don't. Sorry. 2 Q And you had indicated that he shared 3 some stories with you. Is that correct? 4 A Yes. 5 Q And do you know -- how old would you 6 have been when you were told that? 7 A Oh, my 20s anyway. 8 Q And do you know how old he would have 9 been when he told you? 10 A Oh, in his 60s, I guess. I imagine. 11 Q Thank you. And I believe you said 12 that it was your Uncle Ivan Watson and your great Uncle 13 Arthur George that was your primary source of 14 information. Would that be correct? 15 A Pretty well, yes. 16 Q And who would Uncle Ivan have learned 17 his information from? 18 A Oh, he was an older person so he heard 19 it from different older person, older people than him. 20 Q Anyone in particular you would know 21 of? 22 A I can't remember. They used to talk 23 about Little Assiniboine and stuff like that, but I can't 24 remember the names of the people they said they talked 25 to. 26 Q Would Uncle Ivan Watson have been 27 living at the same time that Little Assiniboine was? 28 A Yeah, yes. 50
1 Q And great Uncle Arthur George, who 2 would he have learned from? 3 A Oh, I imagine just about the same as 4 Ivan. They were pretty close. 5 Q He would have learned from the same 6 person as Uncle Ivan? 7 A Pretty much as that. I never asked 8 him that. So I don't get an answer for you. 9 Q He would have never told you? 10 A No. 11 Q And with respect to Ivan, did he tell 12 you he learned from Assiniboine or you think that might 13 be correct? 14 A Well, I don't know where he got his 15 information from. He never mentioned that. 16 Q Okay, thank you. And you had 17 indicated that you were told some stories with respect to 18 Neff. That's correct? 19 A Yes. 20 Q And who would have told you those? 21 A Well, was mostly Arthur George. 22 Q And I think then we have just 23 established you are not sure who would have told those 24 stories to Uncle Arthur? 25 A He was there. He was alive at the 26 time and he seen them take them papers and bury them 27 north of my grandfather Peter Watson's house. So he was 28 well aware of all these things, he was much alive. 51
1 Q Do you know how old he would have been 2 when he would have -- 3 A No, I don't, but he was around there 4 anyway. 5 MS. GUEBERT: Those are all of my 6 questions. Thank you very much. 7 A Thank you. Kind of surprised there, 8 short. 9 JUSTICE: It's not always like that. 10 Mr. Phillips? Do you have any redirect? 11 MR. PHILLIPS: I only -- I only have one 12 question in re-examine. 13 14 Re-Examination by Mr. Phillips: 15 Q MR. PHILLIPS: My friend, I think, 16 inadvertently referred to Mr. Rob Nestor and a report 17 that's filed in these proceedings by Mr. -- for the 18 trial, and you indicated that you had not reviewed that. 19 Is that correct? 20 A That's correct. 21 Q But you are familiar with Mr. Nestor, 22 and you have seen earlier work done by him, correct? 23 A Yes. 24 MR. PHILLIPS: Okay. Just if you want, 25 I don't have any opposition if you want to ask him 26 further questions, but I think it was inappropriate, I 27 respectfully submit it was inappropriate to put to the 28 witness where there's multiple works by a particular 52
1 person and he is not familiar with Mr. Nestor's work. 2 JUSTICE: Well, I understood that it was 3 a question about whether he had seen the Nestor reports 4 that are in this litigation. 5 MR. PHILLIPS: Yeah. Well, as long as 6 it's clear, Mr. Justice Phelan, the last -- the 7 litigative report this witness has not seen. Okay? 8 JUSTICE: All right. Is that it for 9 your witness? 10 MR. PHILLIPS: Yes, that's it. We could 11 ask -- thank you. 12 JUSTICE: Thank you, sir, thank you for 13 coming. 14 15 (WITNESS STANDS DOWN) 16 MR. PHILLIPS: And we have no further 17 oral traditional evidence to advance. 18 JUSTICE: All right. So that really 19 takes care of the oral history evidence phase of the 20 case. Am I right? Okay. 21 It is you, Mr. Waller, who has got the next 22 witness? Now we go to lay witnesses. 23 MR. WALLER: Yes, Your Honour. We will 24 move on to lay witnesses. There are some issues to deal 25 with, as they relate to documents, that we may want to 26 turn our attention to. There is a common book of 27 documents that has been provided to the court. 28 JUSTICE: That's the joint book. 53
1 MR. WALLER: That's the joint book. 2 The -- what has been agreed among counsel is that those 3 documents can be tendered without proof of authorship. 4 JUSTICE: Right. 5 MR. WALLER: The truthfulness or the 6 conclusions to be drawn and the accuracy of the documents 7 remains an issue for you to determine at the end of the 8 proceedings. 9 Each of the parties, as I understand it, 10 will propose to file their own book of documents, which 11 will require some degree of proof unless counsel consents 12 to them. 13 The clerk has just handed you the book of 14 documents prepared by the plaintiffs in Watson action. 15 JUSTICE: That's your -- 16 MR. WALLER: Our clients. We will 17 provide the Registrar with an electronic copy of that as 18 well. 19 That book contains, in large part, a 20 grouping of three documents, one is some correspondence 21 that relates to the formation or efforts at gaining 22 recognition for the Chacachas Band. 23 There are some documents in there that are 24 footnotes to the expert report that were not included in 25 the joint book. And then there is some material that is 26 public material published on -- by Canada on its website. 27 And we will introduce those documents through witnesses. 28 There's one issue that I should raise. It 54
1 is my intention through Morley Watson to introduce 2 correspondence that was sent and received when he was the 3 chief. Those documents will appear in the Ochapowace 4 book of documents, so they won't, at this point, be 5 before the court in electronic form. 6 And I'm -- we will run off copies of 7 material at noon and tender it in that fashion, unless 8 Ochapowace is ready to file its book of documents in 9 electronic form. So. 10 JUSTICE: In other words, we would have 11 to work with the hard copies. 12 MR. WALLER: We would have to work with 13 the hard copies today until they -- 14 JUSTICE: Until we get things on to 15 electronic. 16 MR. WALLER: Right. 17 JUSTICE: I'm not too fussed about that 18 myself. I don't know what my Registrar thinks, but you 19 see, I'm used to paper, so it doesn't worry me too much. 20 MR. WALLER: Well, I'm also from the 21 generation of dinosaurs, which is one of the key reasons 22 why I -- 23 JUSTICE: Wise dinosaurs, Mr. Waller. 24 MR. WALLER: -- which is why I have 25 co-counsel here. 26 JUSTICE: We're not yet extinct. 27 MR. WALLER: Not yet extinct, so. 28 JUSTICE: So we will work with the paper 55
1 copies until the electronics are available. Is that what 2 you are suggesting? 3 MR. WALLER: We can certainly proceed in 4 that fashion, yes. 5 JUSTICE: All right. Now, this book of 6 documents of yours, is this going to be just for these 7 witnesses or will this be in a sense your key documents 8 throughout the proceedings? 9 MR. WALLER: They will be documents that 10 we may refer to in cross-examination of future witnesses. 11 Not all of them will be introduced through the witnesses 12 today. 13 JUSTICE: Okay. So this will be your 14 working documents, separate from the joint book. 15 MR. WALLER: Exactly. 16 JUSTICE: All right, and so one of the 17 ways we can proceed is that we do it with the joint book, 18 unless a document is referred to in the course of the 19 trial, even though it may be in an exhibit, those 20 unreferred-to documents will be pulled, so that the 21 record at the end of this trial, will be only those 22 documents referred to in one manner or another during the 23 course of the trial. 24 And anything not referred to, just gets 25 pulled. 26 MR. WALLER: We put the documents in a 27 binder that should allow for easy removal. 28 JUSTICE: That's what I was getting to. 56
1 It's easy to get rid of them. At least at the end of it, 2 we will all know what the cards were that were on the 3 table. Okay. 4 MR. WALLER: Now, other counsel has been 5 provided with an electronic version of the document and I 6 have something that I can provide to the Registrar to 7 give her an electronic version of it as well. 8 JUSTICE: Okay. Now, that would suggest 9 that if we have reserved Exhibit 1 for the joint book or 10 books. 11 I guess Exhibit 2 actually should be our 12 map. Am I right? That map. However we get that 13 produced, we will refer to it as, I guess, the last 14 witness's map. That will be Exhibit 2, whether we have 15 it in electronic form, whether we have the paper version, 16 shrunk or however it ultimately comes out. 17 So that's -- the hard copy of this map will 18 be Exhibit 2. Ms. McCullough is suggesting we take a 19 picture of that map, and that will come in as the 20 electronic version of Exhibit 2. Does that work? 21 MR. PHILLIPS: All right, yes. 22 23 (EXHIBIT NO. 1 RESERVED) 24 25 EXHIBIT NO. 2 - Map showing Ochapowace and area as marked 26 with yellow stickers by Mr. Allary 27 JUSTICE: Okay, and that would mean that 28 Mr. Waller's book will be Exhibit 3. 57
1 MR. PHILLIPS: Could I ask just a 2 clarifying question on the exhibit books, there was the 3 request for our electronic copy, and I believe of our 4 Ochapowace book of documents. 5 So we would be in a position to provide our 6 Ochapowace book of documents in electronic copy after the 7 break, because we have it in our room, but we would -- 8 the electronic copy would be available, subject to such 9 change, we understand there's minor document matters that 10 Mr. Waller may be using that aren't entered. 11 It's probably better for us to file our 12 Ochapowace book of documents in the electronic book and 13 mark it as an exhibit, if they are going to be using 14 parts of it. 15 JUSTICE: Yes. 16 MR. PHILLIPS: And then we will sort out 17 the issue about the electronic copy, to see if we can 18 bring up electronically the yellow stickies on, so they 19 can be seen better on the electronic copy for the map. 20 JUSTICE: Right. Fair enough. 21 MR. PHILLIPS: I should have -- I sat -- 22 we should have perhaps identified the exhibit while the 23 witness was on the stand, but there's not much doubt it's 24 his map. 25 JUSTICE: No, but we can do all of these 26 things now, so. 27 MR. PHILLIPS: Good. 28 JUSTICE: Okay. So with that piece of 58
1 exciting news, are we ready to go? 2 MS. JONES: I -- let's see how to put 3 this. I have to ask for some forbearance from the court. 4 We are in a bit of a pickle and unable to print out 5 documents in this particular structure. Our Government 6 of Canada systems don't play nice with other systems. 7 JUSTICE: Don't have to tell me about 8 Government of Canada systems. 9 MS. JONES: Yeah, so in order for us to 10 print out a document, we would have to go back to our 11 hotel room where we have got a setup with a printer and 12 everything. 13 So we can proceed, but I can't -- if I need 14 a special document to conduct part of the 15 cross-examination, I have to go back and get it and come 16 back tomorrow morning with it, if that would be okay. 17 The other thing that we could do is we are 18 prepared to discuss read-ins from both plaintiffs. We 19 have got all that information with us right now. When we 20 get to Regina, I'm totally set up and easy to go, but 21 right now we are in a bit of a conundrum. 22 JUSTICE: Is there anything that we can 23 do to assist you with printing. 24 MS. JONES: I don't know. I defer to 25 our paralegal. No, apparently not. It's fire walls on 26 fire walls. And we have a stand alone computer that we 27 are not allowed to plug anything into, so. 28 JUSTICE: You must be with shared 59
1 services. 2 MS. JONES: Yes, we are, so. 3 JUSTICE: No more comment on that. 4 Okay. Well, we should -- well, maybe what we can do is 5 your cross-examine -- how long do you think you will be, 6 Mr. Waller, let me back that up? 7 MR. WALLER: My expectation is that we 8 are going to be short with all three of the lay 9 witnesses. Short being under an hour, an hour or less, 10 for examination-in-chief. 11 How long cross-examination will last is not 12 up to me, but the -- they are not lengthy witnesses, I 13 don't think. 14 JUSTICE: Is it any potential for those 15 witnesses to come to Regina? 16 MR. WALLER: Could I just have a -- I 17 think we have excluded -- we have excluded two of them, 18 but I believe that they could -- I believe they -- 19 certainly two of them plan to be in Regina next week. 20 I'm not sure about the third. But I could go and check. 21 JUSTICE: What I was trying to work out 22 logistics. One would be to have the three witnesses put 23 in their direct here without -- and hold 24 cross-examination off until tomorrow, in which case, the 25 Crown would know what documents they need to bring with 26 them. 27 Or really, I guess there's that or have the 28 witnesses testify here, hold cross-examination until we 60
1 go to Regina. It seems like the Crown is, as it says, in 2 a bit of a pickle in terms of their documents. 3 What -- I'm open to any other suggestions 4 that help address this. 5 MR. WALLER: I'm hesitating a bit only 6 because -- well, I -- in the circumstances, I expect that 7 the easiest thing to do would be to have us put in our 8 case now, and the Crown come back for cross-examination 9 tomorrow. 10 I'm not really excited about that, but in 11 the circumstances, I don't know what I will -- 12 JUSTICE: Okay. Well, I appreciate that 13 it's difficult for you. We have to try to deal with the 14 limitations that we have. 15 Let's do that. If you don't mind, put in 16 your three witnesses and then the Crown can cross 17 tomorrow. Can you do that? 18 MR. WALLER: Certainly we can, yes. 19 MR. PHILLIPS: Can I just ask a 20 clarifying question of the Registrar? The webinar, is it 21 back on stream? We understand from some of the persons 22 looking at it that it was discontinued. Is it now back 23 on? 24 MS. GUEBERT: Your Honour, I'm not sure 25 if we need to address this matter too, but we are having 26 some technical difficulties with our screen and documents 27 are -- 28 JUSTICE: Yes, things seem to be getting 61
1 kicked off and shut down and coming back up even here, 2 so. 3 MR. WALLER: Perhaps it would be an 4 opportune time to take an early lunch. 5 JUSTICE: Why don't we do exactly that, 6 an early lunch, and let's say we come back about 1:30? 7 Would that work for people? 8 Having heard no protest or no loud 9 protests, we will do that. 10 REGISTRAR: This session is adjourned 11 until 1:30 p.m. 12 (COURT ADJOURNED AT 11:41 A.M.) 13 REGISTRAR: This is resumed. 14 JUSTICE: Just before we get started, 15 Mr. Waller, some housekeeping. We are going to mark the 16 book of documents in the Watson matter as Exhibit 3. 17 18 EXHIBIT NO. 3 - Watson Plaintiffs' book of documents 19 JUSTICE: And then we are going to 20 reserve as Exhibit 4 the Bear book of documents, 5 will 21 be the Ochapowace documents, 6 will be the Government of 22 Canada documents. We will straighten all of this out and 23 I will make peace with the court reporters off line. 24 (EXHIBIT NOS. 4, 5, AND 6 RESERVED) 25 JUSTICE: Okay, I think that takes care 26 of things. I'm just making sure that Ms. McCullough 27 doesn't have any further instructions. I feel like I'm 28 playing baseball I look over here and see if I'm supposed 62
1 to bunt. So how are we set there, Mr. Waller. 2 MR. WALLER: I am advised that there's 3 been some difficulty loading Ochapowace's documents on 4 due to the power surge we had this morning, so I fear we 5 are going to have to use paper copies of those documents 6 for the second witness. 7 JUSTICE: Okay. 8 MR. WALLER: The Registrar has 9 instructed me to make sure that I refer to the Ochapowace 10 document number, so that we don't lose track of that. 11 But I think we will need to go with the old fashion way 12 this afternoon, but our first witness will give us a test 13 of whether we can function. 14 JUSTICE: Yes, we will see how we do with 15 the first witness and whether our plans are practical, 16 and if they are not, then we will rethink how we do it. 17 MR. WALLER: So we will recall Sharon 18 Bear. 19 20 SHARON JOYCE BEAR, Previously Affirmed with an eagle 21 feather, Examined by Mr. Waller 22 MR. WALLER: I would note for the record 23 that we have excluded our further lay witnesses, although 24 there's no order of the court to do so. 25 JUSTICE: No, I thought that we had 26 agreed at the case management conference that that would 27 be the process. 28 So to the extent that it needs to be said, 63
1 we will be excluding witnesses. And I will leave it to 2 counsel to make sure that the appropriate people are 3 excluded. 4 5 (WITNESSES EXCLUDED) 6 JUSTICE: Ms. Bear, just to remind you, 7 you are still under oath. 8 A Yes. 9 Q MR. WALLER: Now, Sharon, on 10 Tuesday, you spoke about what Elders had told you. Today 11 we want you to speak about events that you have been 12 personally involved in as we moved along. 13 I'd like first to turn to the subject of 14 obtaining recognition for the Chacachas First Nation. 15 There are a number of documents that will be placed 16 before the court and I will ask you to go through these. 17 They should appear on the screen. 18 I wonder if you can indicate, the first 19 formal steps that were taken to obtain recognition for 20 Chacachas First Nation that involved yourself. 21 Can you just describe what was the first 22 formal step to obtain recognition for the Chacachas First 23 Nation? 24 A A letter was written, a letter of 25 recognition was written ratifying the outstanding Treaty 26 Land Entitlement Agreement on October the -- of '93. 27 Q And that document bears your 28 signature, does it not? 64
1 A Not on this -- yes. Yes, there is a 2 number of signatures. 3 Q All right. That document is found in 4 the joint book as document 526. 5 A Yes. 6 Q What was the intention of that 7 document? 8 A It was to have the Chacachas Reserve 9 re-established and to recognize the obligation to the 10 Government of Canada to re-establish our Reserve. 11 Q Now, do you recall what that 12 document -- what was done with the document? 13 A It was further discussed and it was 14 sent to the Department of Indian Affairs and also the 15 Council of Ochapowace at that time. 16 Q Okay. And what followed after the 17 document was signed? What were the next events that 18 occurred? 19 A We continued to do research and 20 discuss with people and also meet with our Elders to see 21 who actually could or would have had descendancy or -- 22 were able to trace their descendancy back to Chacachas. 23 Q Okay. And when you say "we", who is 24 the "we" that you are talking about? 25 A The families that, according to our 26 Elders' knowledge, the ones that were on the original 27 Band list that were -- that had direct descendancy to 28 Chacachas. 65
1 Q And who were the people that actually 2 did that work? 3 A Cameron Watson and myself. And we had 4 spoke with Ivan Watson, Sam Watson and my parents, 5 Margaret Bear and Marlowe Kanawashqahum. 6 Q All right, and how long did it take 7 you to carry out that additional work? 8 A It took us about two or three -- two 9 years for sure, all of that, to establish a list and also 10 to contact some of the people that were not only in our 11 community, but that we know were still were alive and 12 in -- in our area. The ones that we were able to find 13 and contact them. 14 Q Why did it take that length of time? 15 A Well, we didn't really know who, were 16 many of them were or if they were still alive. And we 17 also had no money and no resources to do this research. 18 We basically did it on our own. 19 We got a little bit of money, but it wasn't 20 really enough to travel far away and that. We 21 piggybacked with people and I -- I remember one time 22 doing a -- going to Calgary and travelling with other 23 people to discuss this issue. 24 Q What exactly was the issue that you 25 were discussing? 26 A That we were -- we would like to 27 re-establish the Reserve. 28 Q Now -- 66
1 A Also, to advise people that if they 2 knew their descendancy, that they would have the chance 3 to know more about it. To educate the people about what 4 really did happen to Chacachas, and Kakisiwew. 5 Q Now, the next document that we have 6 been able to locate or disclose is found in tab 3 of the 7 Watson book of documents. Do you recognize that? 8 A Yes, I do. Yes. 9 Q Can you tell the court what that 10 document represents? 11 A It's a letter that was written to 12 Denton, Chief Denton George at that time, and it was 13 regarding the Chacachas Nation, and it was -- it was 14 signed by a group of members that told -- it was an 15 interim committee that we had established of the ones 16 that were willing to assist us in establishing this 17 Treaty obligation. 18 Q Now, when you say that "we had 19 established" -- 20 A Yes. 21 Q -- who is the "we"? 22 A Cameron Watson, Eileen Farkas, Lynda 23 Gatrell, and myself, Sharon, myself 24 Q The four of you had chosen among 25 yourselves that you would move this forward or were there 26 others involved? 27 A No, no, we were actually chosen by the 28 group of people that initially came to a gathering and we 67
1 were chosen by the people, if we would be -- if we had 2 the time and we would be willing to get together and work 3 on this. 4 Q Now, that letter was addressed to? 5 A Chief Denton George. 6 Q Chief Denton George. And it -- what 7 was its purpose? 8 A It was a letter of asking that -- 9 asking Chief Denton to cooperate and help us with this 10 Treaty obligation and that -- 11 Q And what kind of -- 12 A -- we were -- 13 Q What kind of a response did you 14 receive from Chief George? 15 A Denton was very favourable and said 16 that he would be willing to assist us in any way, or any 17 help that we needed, to further this process. 18 Q Now, if we go to the next document, 19 which is found in the joint book of documents as 20 document 547, do you recognize that document? 21 A Yes. It is a letter written to Roy 22 Bird, who was the Director General of Saskatchewan Region 23 at that time, in the regional office of Regina. It was a 24 letter written to him to assist us in establishing 25 Chacachas First Nation as a separate Band. 26 Q Right, and did the group that you were 27 part of, did that group follow up -- 28 A Yes. 68
1 Q -- with this letter? 2 A Yes. 3 Q What steps did you take? 4 A We talked about our descendancy and 5 how we felt that we had the right to proceed with this. 6 And that we were appointed by the members that we would 7 be the ones that would proceed with this. 8 Q And to whom or how did you communicate 9 that? 10 A Communicate to the people? 11 Q No, to others. As a follow-up of what 12 you were doing, who did you communicate with next? 13 A We communicated with our Elders pretty 14 much every -- every time we -- every step of the way. We 15 always had communicated with our -- our Elders and our 16 people that were willing to help us and that knew the 17 history and were -- 18 Q So you were dealing internally with 19 your people and the Elders. What about external 20 communication? Who did you -- who did you contact next? 21 A We contacted Chief and Council of the 22 Ochapowace. We contacted the Treaty 4, I'm not sure what 23 office he held at that time, but his name was Ron Crowe 24 at that time. 25 Q And what about external communications 26 outside of First Nations? 27 A We contacted archives, I believe, 28 Cameron was -- had gone to the archives and picked up all 69
1 as much documents as he could to -- 2 Q Now, in terms of advancing your claim 3 for recognition, did you contact the department? 4 A We contacted also the Federation of 5 Saskatchewan Indians at that time, to recognize us as a 6 traditional Band. 7 Q Okay. We will come to that, but in 8 terms of moving forward, with recognition, who had to 9 provide recognition to the Band? 10 A The Government of Canada. 11 Q Right. And did you communicate with 12 the government? 13 A Yes, we did. 14 Q Okay. And I'd like you to look at 15 document 551 in the joint book of documents. Do you 16 recognize that? 17 A It was a letter that was written to 18 Roy Bird, the Director General of the Region. 19 Q Right. So we have a letter from the 20 chief and now we have a letter from your group? 21 A Yes. 22 Q Under signature of Cameron Watson? 23 A Yes. With endorsement of all the 24 other people that were -- were willing to stand with us 25 and support us. 26 Q And that's part of the process? 27 A Yes. 28 Q Now, you have mentioned that you 70
1 contacted Ochapowace council. What was their reaction to 2 the process beyond the chief's reaction? What did the 3 council do? 4 A They were -- they were willing to -- 5 like I said, they were willing to assist us with any 6 information or any other process if we needed to have in 7 place, so move ahead. 8 Q And I will ask you to look at the next 9 document, which is document 565 in the joint book of 10 documents. It's a band council resolution. 11 A M-hm. 12 Q Do you recognize that document? 13 A Yes. It's a band council resolution 14 that was sent to the Southeast Treaty 4 Tribal Council at 15 that time. 16 Q Now -- 17 A It was signed by Chief Denton, 18 Councillor Margaret Bear, Tommy Bear and Councillor Louie 19 Kenny. 20 Q Now, we have looked at one document 21 addressed to the department. Were there further 22 communications sent on behalf of your group to the 23 department? Further letters? 24 A Could you repeat that again? I'm 25 sorry. 26 Q We have looked at one document that 27 was sent in October. Did you keep up the process of 28 correspondence to the government? 71
1 A Yes, we did. 2 Q And I'd like you to look at the next 3 document, which is a letter dated December 1st, 1998, and 4 it's in the joint book, it's document 567. Do you 5 recognize that document? 6 A Yes, I do. 7 Q And again, what was the purpose of 8 forwarding that letter? 9 A It was just to inform that we were the 10 group of descendants from the Chacachas Band to give us 11 the go ahead to organize and to re-establish our Treaty 12 land. And just advising the department that Chacachas 13 and Kakisiwew were amalgamated without consultation 14 between our -- with the Chacachas people. 15 Q So would it be fair to describe that 16 letter as again, furthering the process? 17 A It would be what? 18 Q It was part of the process of 19 correspondence? 20 A Yes. 21 Q With the government? 22 A Yes. 23 Q Okay. Now, at the time that you were 24 writing the letters, were you also continuing to take 25 steps to organize Chacachas, and if so, what steps were 26 being taken? 27 A We were always consulting with our 28 members, consulting with other people that we knew were 72
1 descendants. Telling them about that story of what 2 really happened of Chacachas and how the Reserve was 3 lost, and further being amalgamated be Kakisiwew, without 4 consultation with the people. 5 Q All right. Now, you have mentioned 6 contact with other First Nation organizations. Did 7 Chacachas, as a First Nation, obtain recognition from 8 other organizations, and if so what, what organizations? 9 A Yes, we did. We obtained or -- from 10 the Treaty 4 organization and also from the Federation of 11 Saskatchewan Indians. We had received right to 12 establish -- be established as a traditional -- to be 13 recognized as a traditional government. 14 Q And was there an application made 15 to -- in that as far as that process? 16 A Yes, there was. 17 Q If we go to tab 8 in the Watson book 18 of documents, there's a document that's dated 19 September 28th, 1999. And can you identify that 20 document? 21 A Yes. It was a letter that was 22 written. 23 Q And again, who signed that document? 24 A It was signed by -- it was moved by 25 Charlie Bear, seconded by Sheldon Watson, and it was 26 signed that Cameron be a spokesman and Tommy Bear, Thomas 27 Bear be another Headman, and Sheldon Watson and Winston 28 Bear. 73
1 Q And what capacity did those 2 individuals have? 3 A They were the head spokesperson and 4 Headmen for Chacachas. 5 Q Now, we will go to one further 6 document. It's a letter to Mr. Bird dated 7 September 30th, 1999, document 578. Do you recognize 8 that? 9 A Yes, I do. 10 Q It's September 30th, 1999. 11 A M-hm. 12 Q Now, what appears on the screen is a 13 document with some handwriting on it. You have no 14 knowledge of any of that handwriting? 15 A It was a letter from -- from Denton, 16 Chief Denton, from Ochapowace. 17 Q Sorry, yes? 18 A He was writing -- I can't see. 19 Q Sorry, my apologies. I may not -- 20 that may not be the document I was referring to, but do 21 you have any knowledge of that particular document? 22 A Yes, I do. It was a letter from 23 Denton stating that the two signatories, original 24 signatures on the Treaty 4 at Fort Qu'Appelle were 25 Chacachas and Kakisiwew, and that their Reserves were 26 surveyed in 1876 and that this was according to the 27 Elders was very sacred nature and -- 28 Q So this is not your letter, but how do 74
1 you interpret it? 2 A It was a letter written to clearly 3 state the position and situation of both Kakisiwew and 4 Chacachas to Roy Bird. 5 Q All right, so again, this would simply 6 be a part of the process? 7 A Yes. 8 Q Now, we know that efforts to obtain 9 recognition proved unsuccessful, and after some further 10 time, the Statement of Claim that brings us here today 11 was issued. 12 A M-hm. 13 Q You are one of the named plaintiffs. 14 A Yes, I am. 15 Q And how is it that your name came 16 about to be on the Statement of Claim? 17 A I was involved in the very initial 18 proceedings that we set out to do. I was always involved 19 in it. When I was elected to council on Ochapowace, I -- 20 this was one of our goals was to re-establish the 21 Reserve. 22 Q And that would have been back in 23 1970s? 24 A Early '70s. 25 Q Okay. And what process was followed 26 to have you become one of the plaintiffs? 27 A Just by appointment from the other 28 members of the Chacachas group. 75
1 Q Was this done at a meeting or -- 2 A Yes, it was. Yes. 3 Q And how were meetings called and 4 conducted? 5 A How were they called? By notice. I 6 just -- 7 Q So there was a process of giving 8 notice and a meeting date? 9 A Yes, there was a meeting. 10 Q Now, we know that the Treaty Land 11 Entitlement Agreement involving the Ochapowace First 12 Nation, Canada and the Province of Saskatchewan was 13 executed in 1992. Were you a part of the negotiation of 14 that agreement? 15 A Yes. I was selected as a trustee to 16 sit on the Treaty Land Entitlement. 17 Q And as -- when you say as a trustee to 18 sit on the Treaty Land Entitlement, what are you talking 19 about? What kind of a structure? 20 A I'm not sure how many of us sat on 21 there, but at the time, it was -- we were all selected by 22 the Chief and Council of Ochapowace to be part of the 23 trustee agreement. 24 Q Okay. So you were selected to serve 25 as a trustee -- 26 A Yes. 27 Q -- after the agreement was signed? 28 A Yes. 76
1 Q What involvement did you have in the 2 negotiations of the Treaty Land Entitlement Settlement 3 Agreement itself? Were you part of that? 4 A Yes. 5 Q And what role did you play there? 6 A Just a trustee to ensure that Ross 7 Allary was our main person in the -- conducted most of 8 the buying, willing buying and willing selling process 9 that -- in our area. 10 Q Okay. 11 A In the Chacachas area. And in the 12 surrounding, he purchased land in the surrounding area 13 also. 14 Q I don't think it's a matter of 15 controversy, but under the Treaty Land Entitlement 16 process, there were a certain number of acres to be 17 purchased. Do you recall that? 18 A I believe that between -- they had 19 decided between the two Reserves, Kakisiwew and 20 Chacachas, was 24,000, in that area, in that ballpark, 21 and also combined with Kakisiwew, they created, I 22 believe, the 55,000 acres in and around there. 23 Q Do you recall the term "equity acres"? 24 A Yes. Equity acres, whatever it was. 25 The shortfall of those two Reserves. 26 Q Do you recall as a trustee that there 27 are -- there are two terms used, shortfall acres and 28 equity acres? 77
1 A Equity acres. 2 Q And did you -- am I correct in saying 3 that under the Treaty Land Entitlement process, the First 4 Nation is required to buy shortfall acres? 5 A Yes. 6 Q And the First Nation is entitled to 7 purchase up to equity acres -- 8 A Yes. 9 Q -- but is not required -- 10 A Yes. 11 Q -- to purchase the difference between 12 the two? 13 A Yes. The total, yeah. 14 Q So under the agreement, the Ochapowace 15 First Nation was entitled to purchase up to 55,000 acres? 16 A Yes. 17 Q And you were required to purchase a 18 lower acreage number? 19 A Yes. 20 Q And as a trustee, what were your 21 duties? 22 A To make sure that we purchased that 23 function. 24 Q So the role of the trustee is at least 25 to ensure that the lands were acquired? 26 A To ensure that the lands were acquired 27 in a good way. Try to get the best price that we could, 28 being a willing buyer and a willing seller. 78
1 Q Okay. There is a map behind you that 2 Ross Allary had talked about this morning. And we know 3 that the original Chacachas Reserve was located to the 4 east of the Ochapowace Reserve. 5 Can you just describe for the judge what -- 6 there's a number of boxes there. Parcels to the east of 7 Ochapowace and can you just indicate what those are, east 8 of Highway 9? 9 A That is No. 9 highway here and this 10 here? 11 Q Yes. What -- are those lands that 12 have been purchased under the Treaty Land Entitlement 13 process? 14 A Yes. Yes, they are, yeah. 15 Q And who administers those lands? 16 A We have a land manager. Tommy Bear, 17 he administers our land, presently. 18 Q Okay. And when you say "our lands", 19 can you just explain to the court what arrangements have 20 been made? 21 A We have arranged with the Ochapowace 22 that this area has been set aside for Chacachas, being 23 the original land that was originally surveyed for Chac, 24 Chacachas. We now occupy those lands and we consider 25 them to be Chacachas territory. 26 Q As I understand it, that is a map of 27 Indian Reserve land. 28 A Originally, yes. 79
1 Q Yes, and the area in pink is lands 2 that have actually formally been designated as Reserve 3 land? 4 A Yes. 5 Q Are there other lands within that area 6 that have been acquired under the TLE process? 7 A Yes, there are. 8 Q That have not yet gone through the 9 designation process? 10 A Yes, yes. 11 Q So what is the total area today that 12 is administered by the Chacachas people? 13 A I believe it's approximately 14 18,000 acres. 15 Q And those lands were lands that would 16 have been in the original Reserve as surveyed? 17 A Yes. 18 Q And has your -- did the trust acquire 19 the lands in addition to the lands that Chacachas now 20 administers? 21 A Yes. 22 Q And where were they acquired? 23 A These other little lots on the other 24 side. Right here. These ones. 25 Q So these are lands that would have 26 been even further east than the original -- 27 A Yes. 28 Q -- Chacachas, and they are not being 80
1 administered by you? By Chacachas? 2 A No, they are not. We only are 3 administering the lands that are -- were part of -- that 4 were the original Reserve territory. 5 JUSTICE: Is that a road that comes 6 down? 7 A Number 9. 8 JUSTICE: Nine, and that's on the -- 9 A Oh, that's -- I don't know. I think 10 that's another road, but this is the No. 9 highway. 11 JUSTICE: Sorry to interrupt you, 12 Mr. Waller, but just trying to figure out when the 13 witness is talking about these additional lands that you 14 said are on the other side. 15 A These lands up here, these ones and 16 these ones. The only lands that we administer are the 17 ones -- 18 JUSTICE: When you say the other side, 19 the other side being the other side of the Highway 9? 20 A This is number 9 here. This is -- 21 JUSTICE: Thank you. 22 MR. WALLER: As I understand what the 23 witness has said, there are lands that lie to the east of 24 where the original Chacachas Reserve was. 25 So I think we will see maps that show where 26 the original surveyed Reserves were, and we will be able 27 to deal with that. 28 JUSTICE: Sorry for interrupting. 81
1 MR. WALLER: No problem. 2 Q MR. WALLER: I notice that there 3 are some pink lands lying to the north of the Qu'Appelle 4 River. Are those lands that the Ochapowace Trust 5 acquired? 6 A Yes, they are. 7 Q And do you know in an historical 8 context or in history, where would those lands be 9 located? 10 A Some of them lands on the other north 11 of the Round Lake were originally Kakisiwew land. 12 Q So there has been some land acquired 13 that was part of the original Kakisiwew Reserve? 14 A Yes, yes. 15 Q And again, those are -- those would be 16 the pink areas north of the lake. 17 A Yes. 18 Q Now, I must confess, I don't know the 19 answer to this question. But Kakisiwew -- Kahkewistahaw 20 also is involved in acquiring lands. 21 The parcels to the south of Kakisiwew 22 Reserve and perhaps Ochapowace, have they been acquired 23 under the Ochapowace's TLE or have they been acquired by 24 another First Nation? 25 A You mean the ones to the south of 26 Ochapowace there? 27 Q Well, the ones to the south of 28 Ochapowace and then further west. Let's start with the 82
1 lands just south of Ochapowace. Were those acquired by 2 the trust? 3 A Yes, they were. 4 Q By the Ochapowace TLE Trust? 5 A Yes, yeah. 6 Q Okay, and then further west, below 7 Kahkewistahaw, those were acquired by another First 8 Nation? 9 A Yes, I believe so. 10 Q Now, a part of the undertakings 11 provided by the plaintiffs in the action was to identify 12 individuals who were eligible to become members of 13 Chacachas. Did you recall that? 14 A Yes. 15 Q And were you involved in the work done 16 in preparing those lists? 17 A Yes, I was. 18 Q All right. Now, in the plaintiff's 19 book of documents, tab 9. There is a document. Is that 20 a document that you have seen before and worked on? 21 A Yes. Yes. 22 Q All right, and it consists of a number 23 of pages. Can you just describe to the court what that 24 document is? 25 A Well, it is a voters list and it was 26 just a list that we had sat down and along with our 27 Elders gone through the ones that were -- that were -- 28 that allowed us to check off their names as being part of 83
1 Chacachas and the other column was -- you have to go 2 back? There were individuals who were entitled to 3 membership. 4 Q Now, just when you say it was a voters 5 list, a voters list of what -- what Band was -- 6 A Ochapowace. 7 Q So it was the Ochapowace voters list? 8 A And then the third column was the list 9 that we had consulted with our Elders about the ones that 10 would be from the Kakisiwew line. 11 Q All right. There's markings in three 12 columns. 13 A Yes, there is. 14 Q And there's a legend on the first 15 page. But briefly, the first column was those 16 individuals who were prepared to disclose their 17 membership? 18 A Yes. 19 Q In Chacachas? 20 A Yes. 21 Q The column 2 is what? 22 A It was a -- the individuals who would 23 be entitled to membership in the Chacachas First Nation, 24 applying the definition provided to Canada. 25 Q Okay. And what definition was it that 26 was provided to Canada? What definition of membership do 27 you use? 28 A Descendancy. 84
1 Q Descendancy from what? Descended to 2 whom? 3 A From Chacachas. From that original 4 Band list. 5 Q So anyone descended from someone who 6 was on the original Chacachas Band list in your 7 definition of membership, would be entitled to become a 8 member? 9 A Yes. 10 Q But that would be done at their 11 option? 12 A Yes. 13 Q And the third column, if I understand 14 what you said, was simply those individuals that your 15 group thought would be eligible to be Chacachas -- I'm 16 sorry, Kakisiwew members. Am I correct in that? 17 A Yes, you are correct. 18 Q And then there are a number of people 19 in the Band list who do not fit in either of the three 20 columns. And who would those people be? 21 A They were people that came on the 22 Ochapowace Band list. 23 Q Okay. They were just -- they were 24 people who were members of Ochapowace, but not descended 25 from either -- 26 A Yes. 27 Q -- Kakisiwew or Chacachas members? 28 A Yes, yeah. 85
1 Q And the process taken up in marking 2 that list, what, if any, changes have been made in terms 3 of your taking of members today? Does that approach 4 remain applicable? 5 A Our approach today would be the people 6 that were eligible and the ones that are willing to be 7 members on their own. Nobody is going to be forced, even 8 if they were original descendants, nobody -- we feel 9 nobody will be forced to be on the list. 10 Q Right, so if recognition is obtained, 11 then people will have a choice at that time? 12 A Yes. 13 MR. WALLER: Justice Phelan, those are 14 all of the questions that I am going to put to the 15 witness at this time. 16 My assumption is that, given the unusual 17 nature of cross-examination, I may be granted a bit of 18 leeway in terms of re-examination. 19 JUSTICE: I think you have a number of 20 Aeroplan points acquired by your concession today, so you 21 will have some leeway. 22 MR. WALLER: Now, I don't know whether 23 the expectation is that other counsel will ask their 24 questions, and then have the Crown cross-examine tomorrow 25 or what the procedure is, but I leave that to you. 26 JUSTICE: Well, I think your friends are 27 entitled to ask questions. In some cases, you are of 28 completely ad idem, and some cases slightly ad idem, so I 86
1 will turn to Mr. Stevenson and Mr. Boudreau. Do you have 2 questions for this witness? 3 MR. STEVENSON: No, we don't. 4 JUSTICE: Mr. Phillips? 5 MR. PHILLIPS: Sorry. I have to compose 6 my thoughts. 7 JUSTICE: All right. I was wondering 8 did you want five minutes to think about any questions? 9 MR. PHILLIPS: Well, there are a number 10 of documents -- there are a number of documents that 11 pertain to communication between the Chacachas committee 12 and Ochapowace Chief and Council. 13 And my client is Ochapowace, obviously, and 14 they were asked, given your comments, they were asked to 15 leave the room, and but are my clients to provide 16 instruction in regards to the correspondence because we 17 will be calling those witnesses to deal with the 18 obligation of Ochapowace Chief and Council to be fair to 19 everyone, that you've got to be fair to everyone, and 20 they will be advancing documents from our record which 21 show -- we say show that Ochapowace has fairly discharged 22 that obligation, and the last question put with regard to 23 people's self determining to be a member of Chacachas was 24 a critical issue, but it's already been identified that 25 that's not an issue, that all persons will be entitled to 26 self determine, and so if I could have a -- if I could 27 have a short adjournment to consult with my clients. 28 JUSTICE: We will take five minutes. 87
1 REGISTRAR: This matter will adjourn for 2 five minutes. 3 (BREAK) . 4 REGISTRAR: This matter is resumed. 5 JUSTICE: Where are we? 6 MR. PHILLIPS: Mr. Justice Phelan, we 7 will have no questions of this witness. I have asked for 8 members of council who are not going to be testifying 9 next week to reattend in the room to provide me with 10 instruction, but the understanding is that councillors 11 who will be testifying as lay witnesses next week were to 12 be excluded. Is that your ruling? 13 JUSTICE: That's right. They were going 14 to be -- give evidence next week, or give evidence any 15 time through this trial, witnesses were excluded, yes. 16 MR. PHILLIPS: Okay, and in relation to 17 the exception was with respect to oral traditional 18 evidence because of traditions and community. Okay. 19 Thank you. 20 JUSTICE: All right, thank you. So I 21 guess we hold cross-examination until tomorrow? 22 MR. WALLER: That's my understanding. 23 JUSTICE: All right. Ma'am, I think you 24 are excused until you will be back tomorrow? 25 A Yeah. Yes. 26 JUSTICE: If you were a Broadway 27 performer, to have three encores is pretty good. Think 28 of it, you are being brought back for a third time. 88
1 We will see you tomorrow. 2 3 (WITNESS STANDS DOWN) 4 MR. WALLER: The witness has a 5 commitment tomorrow evening in Saskatoon. She has been 6 nominated for an award, so I think her desire is to be on 7 the way before noon. 8 JUSTICE: I assure you, you will be gone 9 before noon. 10 A Thank you. Cree spoken. 11 12 (WITNESS STANDS DOWN) 13 MR. WALLER: Our next witness will be 14 Morley Watson. He is outside. I have to go and get him. 15 We still don't have the technical problem solved, so we 16 will deal with paper at this point in time and what I 17 would propose is to pass out the bundle of documents that 18 we intend to refer to and then -- 19 JUSTICE: Is that different from -- is 20 it another binder? 21 MR. WALLER: These are separate. They 22 are not in that binder. 23 JUSTICE: Okay. Mr. Waller, are these a 24 supplement to what I have here in my binder, Exhibit 3. 25 MR. WALLER: These are documents that 26 are in the Ochapowace book of documents. So we will use 27 the paper version as the interim measure. At least 28 that's my intent. 89
1 JUSTICE: All right. I am reliably 2 informed by Ms. McCullough, we will get this -- the 3 numbering straightened out once we sort out the 4 technicalities, so we won't mark them or give them any 5 kind of numbers at this point. We will just refer to the 6 dates and I know it should be noted where they come from 7 in the Ochapowace documents. 8 MR. WALLER: Yes, and I would suggest we 9 can clean up anything we need to on Monday. 10 JUSTICE: Yes. Fair enough. Okay. 11 12 MORLEY WATSON, Previously Affirmed, Examined by 13 Mr. Waller 14 Q MR. WALLER: Mr. Watson, you are 15 still under oath. And this is a continuation of the 16 evidence that you have affirmed, and I believe you have 17 an eagle feather before you. 18 A I do, Mr. Waller, thank you. 19 Q You indicated in your earlier 20 testimony that you served as the -- on the Ochapowace 21 council and that you were the chief of Ochapowace from I 22 believe it was 1983 to 1987? 23 A Yes, that's correct. 24 Q And as a member of council and later 25 as its chief, how did you view your role? 26 A I was elected by my fellow Band 27 members from Ochapowace, and so I acted as a council 28 member and I acted also as chief of the community of the 90
1 Ochapowace First Nation, and so I would have dealt with 2 pretty much all of the business that Ochapowace was 3 involved in during those years and particularly from '83 4 to '87, where I was chief of Ochapowace. 5 Q Now, you have indicated you are a 6 member of the Chacachas First Nation. And on what basis 7 do you now suggest you are a member of the Chacachas 8 First Nation? 9 A Well, I -- my father Ivan Watson, and 10 his father, Peter Watson, my grandfather, Peter, was and 11 claims to be a Chacachas member, but because of 12 circumstance, my father and my family were placed on the 13 Ochapowace Band of Indians membership list, but my father 14 and my father through his teachings always reminded us 15 that we did -- our grandfather had membership in 16 Chacachas so we always -- through that connection we 17 always -- although we were on Ochapowace's Band list, we 18 always knew that perhaps we had a connection to the 19 Chacachas -- Chacachas Band. 20 Q Now, in the documents that have been 21 disclosed, there is correspondence directed to you as 22 chief and sent by you starting in 1983. 23 A That's correct. 24 Q That correspondence relates to -- 25 JUSTICE: Is there a problem? 26 MS. JONES: Yes, there is a problem, 27 Your Honour. The series of correspondence (inaudible) 28 all without-prejudice documents that were exchanged 91
1 between the parties in furtherance of an attempt at 2 settlement. 3 It never did result in a settlement because 4 settlement came after 1992. But these documents I would 5 have to double-check, but I'm pretty darn sure, they are 6 all on schedule 2 of the Crown's disclosure and, being 7 without prejudice privilege, they require waiver from 8 both parties to the effect privilege. 9 Now, the fact is that these documents are 10 out there because they are exchanged between parties, so 11 it's not similar to a solicitor/client document that once 12 it's seen by somebody else, it's waived, but under 13 Wigmore's Principles, it can't be used as evidence in a 14 court of law. 15 There's a very strong public policy 16 initiative or a foundation for upholding a without 17 prejudice privilege. 18 JUSTICE: So are you saying that then 19 these are also Government of Canada documents, were they 20 listed as privileged on your -- 21 MS. JONES: Yes. I would have to 22 absolutely double-check, but I'm pretty darn sure so. 23 JUSTICE: Mr. Waller? 24 MR. WALLER: The documents relate to 25 discussions on settlement of Treaty Land Entitlement. 26 They explained the background and history of the process 27 leading up to settlement. 28 My friend is correct that the framework 92
1 agreement that was negotiated in 1992 did contain some 2 different principles, but the Crown comes to argue before 3 the court that there is a release provision in the 4 document, which somehow prevents the plaintiffs from 5 moving forward. 6 JUSTICE: Right. 7 MR. WALLER: What we are saying is that 8 at best, there's an ambiguity. We think it's not an 9 ambiguity when we look at these documents and then move 10 forward into the agreement. 11 It's -- it is an explanation and once the 12 agreement is concluded, as far as we are concerned, the 13 stages leading to the ultimate agreement are fair for the 14 court to consider. 15 MS. JONES: I'm sorry, I have been asked 16 to use the microphone, so I had to walk over here. As 17 far as I understand, the 1992 Treaty Land Entitlement 18 Agreement framework agreement, is a whole agreement in of 19 itself. 20 None of these documents from the 1980s fed 21 into that 1992 TLE framework agreement. So what we would 22 have to do is look at the framework agreement itself and 23 we are going to find a clause in there that says it's a 24 complete agreement. And the negotiations for that didn't 25 start till 1983 with these documents. 26 As I said in my opening, there has been 27 attempts to resolve Treaty Land Entitlement throughout 28 the years and there were different formulas proposed. 93
1 And this -- these documents relate to a much earlier 2 attempt under something that's called the Saskatchewan 3 Formula that was originally proposed in 1976. 4 And I think Canada was willing to go with 5 it, but somebody in the Province of Saskatchewan 6 determined that there wasn't enough land in the province 7 in order to satisfy the terms under that particular 8 proposal. 9 JUSTICE: That's fine, but you say in -- 10 that this is privileged. 11 MS. JONES: It's communication in 12 furtherance of a settlement that never actually resulted 13 in a settlement, in this particular initiative. There 14 was a failed attempt and then the parties tried again and 15 they were ultimately successful in that subsequent 16 attempt, and that resulted in the 1992 TLE framework 17 agreement. 18 JUSTICE: In the absence of anything 19 that makes an offer of settlement, and in the absence of 20 anything on the face of the document that says without 21 prejudice, how could the court exclude these documents? 22 MS. JONES: I think if you take a look 23 at some of these documents, there is attempts at 24 settlement in there. There are proposed terms of 25 settlement. If we do this, then -- 26 JUSTICE: But not every attempt or every 27 communication because there's a dispute becomes 28 privileged. 94
1 You can have lots of communications between 2 parties that don't indicate any privilege such as if you 3 don't stop, I'm going to sue you. That's not a 4 privileged communication. 5 I have taken a look at your claim and I 6 think it's nonsense, that's not necessarily privileged. 7 MS. JONES: I agree. 8 JUSTICE: If you have a communication 9 that says, okay, we will agree that we did this, if you 10 will give us X, now that could be privilege. 11 Where do you see any of that latter? 12 MS. JONES: Well, I'm looking at the 13 first document dated October 28, 1983, and it says in mid 14 1981, the Department of Indian Affairs and the FSIN 15 Entitlement Committee prepared a report and recommended 16 the claim be validated on the basis that the Band had a 17 shortfall, the Department of Justice found that there was 18 not sufficient evidence to support the position. 19 This had the effect of reducing the overall 20 numbers, so this is clearly negotiation from the 21 perspective of Indian Affairs. 22 JUSTICE: That's just a statement of 23 fact. We did this, we did that. Where is the 24 concession? Where is the thing that says, well, you 25 shouldn't be able to use it? 26 There's a difference between correspondence 27 with the government while you are having a dispute and a 28 privileged communication. You are going to have to 95
1 establish a much clearer line of privilege for these to 2 be excluded. 3 MS. JONES: Well, okay, so then the 4 second document I'm looking at starts off: (As read) 5 I am writing concerning the Ochapowace's 6 Band claim to an outstanding Treaty Land 7 Entitlement. The claim which has been 8 under consideration for some time has 9 been the subject of detailed historical 10 and legal review. 11 JUSTICE: Yes? 12 MS. JONES: I was under the 13 understanding that a document didn't actually have to be 14 marked without prejudice. 15 JUSTICE: Doesn't always, that's right. 16 MS. JONES: As long as the substance of 17 the letter discussed is indicative of an attempt to 18 settle a dispute. 19 JUSTICE: Well, it has to be where 20 there's no without prejudice, it has to indicate that you 21 are making some concession, there's some prejudice that 22 you don't want to be held against you at a later date. 23 This is just normal sort of communication. 24 If we were to -- that thesis you are advancing, virtually 25 anyone who writes to the Government of Canada complaining 26 about something and receives a response from the 27 Government of Canada is involved in negotiations, and 28 none of this would ever get before a court. That's far 96
1 too broad a basis for a privilege claim. 2 MS. JONES: Well, I'm looking at the 3 second page of this second document. And it's got some 4 quantum, 17,664 acres of an attachment. And that's the 5 discussion and negotiation of the shortfall that the 6 Ochapowace Band received. 7 So to me, my read of this document is that 8 they are discussing the amount of acres that the 9 Ochapowace Band ought to have received under this 10 particular TLE discussion proposal. 11 JUSTICE: You are surmising. As I say, 12 if you look -- I'm going to wait for Mr. Waller, but I'm 13 having some difficulty in seeing how prima facie these 14 are privileged documents. Can you help me with anything? 15 MS. JONES: At this particular moment, I 16 don't have more to give you. I may come back with some 17 more in the morning, if that's okay. 18 JUSTICE: Mr. Waller? 19 MR. WALLER: Well, as I said, it's my 20 understanding that -- and my friend is correct, that 21 there was a series of efforts at reconciling Treaty Land 22 Entitlement, but these letters are, from our perspective, 23 part of the process that ultimately lead to a settlement. 24 I believe, and it's likely later witnesses 25 that can confirm this, that some of the numbers that 26 eventually were used as part of the Ochapowace settlement 27 numbers are produced as a result of the steps that are 28 being taken while these letters come forward. 97
1 As I said, initially, the Crown comes to 2 court and says, ahh, we have a clause in the Treaty Land 3 Entitlement Agreement that should be read a particular 4 way. 5 My clients come to court, as do the rest of 6 the First Nations, and say no, no, that's not -- that's 7 not right. This correspondence we would argue forms part 8 of the understanding of the appropriate interpretation to 9 put on that clause. 10 JUSTICE: Okay. All right. I'm going 11 to tell you that, in my view, absent better information, 12 this doesn't appear to be prima facie without prejudice 13 privileged communication and where there is a dispute as 14 to an agreement, and as to the context of the agreement, 15 the courts have traditionally allowed in evidence around 16 the circumstances, so that the court can understand the 17 context in which words are used, even when they say -- 18 even when the agreement says this is the entire 19 agreement. 20 So I'm going to allow these in. I note 21 your objection and we will proceed on that basis. 22 So you can go ahead and put them in, 23 Mr. Waller. 24 Q MR. WALLER: Now, Mr. Watson, 25 the -- this correspondence deals with the subject of 26 Treaty Land Entitlement. 27 Can you simply indicate to the court what 28 your involvement was during this period of time as chief? 98
1 A As chief of Ochapowace at that time, I 2 was the duty of myself and my council to do this 3 paperwork and then take it to our membership to present 4 it to them, something of this magnitude has to have the 5 endorsement of the membership for the Chief and Council 6 to act properly, given the importance of it. 7 So we would have, as the elected 8 leadership, we would have taken this information to our 9 members for them to either accept or reject the offer 10 that Canada had made. 11 Q Now, at the Band level, who was 12 assigned the primary responsibility of dealing with this 13 issue? 14 A I would have been -- would have been 15 myself and council who would have been the government, I 16 guess, responsible to deal with Canada and also, but at 17 the end of the day, we still would have, I guess, made 18 our recommendation to our membership, and at the end of 19 the day, the membership would have voted to either accept 20 that or reject it, and they would have instructed us to 21 do that vote of their thoughts of this offer that Canada 22 had made to us. 23 Q And who on council would have been 24 primarily involved? 25 A Well, at that time, I believe it would 26 have been, council members, I believe, would have been 27 Ross Allary, I believe they would have been Larry Allary. 28 I believe they would have been Wesley Bear, I believe 99
1 they would have been Louie Kenny. And I think it would 2 have been either Charlotte or Dennis Bear who were on 3 council, at that time, given the dates because there were 4 two different councils that I served with. 5 Q All right. Now, the first document 6 that we are going to turn to is listed in Ochapowace's 7 documents as document 1-019 (102). It's a letter dated 8 October 28th, 1983 from R. Connelly. I think this, went 9 by the named Bob Connelly, but do you have that in front 10 of you? 11 A I'm sorry, Mr. Waller, what was the 12 date of the letter? 13 Q October 28th, 1983. It's marked 14 received November 4th? 15 A I have one dated October 8th, 16 December 10th, June 12th, April 19th, April 19th, 1984, 17 and October 28th. The October 28th one, Mr. Waller, I 18 have got in front of me. 19 Q Yeah, okay. And is this a document 20 that you recall receiving? 21 A I believe so, Mr. Waller, although 22 that was 30 some years ago, I do believe that I probably 23 at that time I probably would have received this letter, 24 yes. 25 Q All right. And this was part of the 26 process that was -- 27 A Yes, that's correct. 28 Q -- that was embarked upon. 100
1 A Yes. 2 Q Now, the second document, and there 3 are actually two. One is a telex? 4 A Yeah. 5 Q To show you use of old technology. 6 And the second is a letter, both dated April 19th, 1984, 7 and they are, as I read them, the same document. 8 A Yes. 9 Q One of them is in the Ochapowace's 10 documents 1-019 (276). The other is 1-019 (277), and 11 it's page 3 of the exhibit, according to our information. 12 This purports to come from John Munro, the 13 Minister. 14 A M-hm. 15 Q Do you recall getting this? 16 A I do. I do, Mr. Waller. I remember 17 receiving the letter from the Honourable John Munro who 18 was president or Minister of Indian Affairs I do believe 19 at that time. 20 Q As I go through the document, I'm 21 looking at the fifth paragraph. It makes reference to 22 certain events in 1932. Do you see that? 23 A Yes, I do. 24 Q And it references a requirement for an 25 Order in Council. 26 A Yes. Yeah. 27 Q Now, what was your view of the 28 requirement for an Order in Council at that time? Do you 101
1 recall? 2 A I -- I don't recall, but I don't 3 believe that we gave any authority to or I guess there 4 was no confirmation that there was an Order in Council. 5 The best that we could figure. 6 Q Now, if we go a little further down 7 the paragraph, there is a reference there to a residual 8 interest in the early Reserve. What was your view on 9 that? 10 A Well, our view on that was, you know, 11 we could only deal with the business of Ochapowace. We 12 couldn't deal on any other thing previous until we knew 13 all the facts and we were able to, I guess, seek the 14 approval of those individuals that it may have affected. 15 So, you know, if it was talking about a 16 previous amalgamation or anything like that, I believe it 17 was the opinion of myself and the council that we would 18 have to -- we didn't have the authority to perhaps deal 19 on anything other than Ochapowace. 20 So therefore, if there was other things 21 that we had to deal with, then we would have to go to 22 those individuals who were affected and perhaps deal with 23 them on the issue. 24 Q So if we were dealing with the 25 Chacachas Reserve, as it was originally surveyed, who 26 would have to deal with that? 27 A The only ones that would have that 28 authority were the membership of Chacachas, and perhaps 102
1 Kakisiwew, if we were dealing with them, because we were 2 dealing on Ochapowace, and we have to remember that 3 Ochapowace was a creation of the government. 4 And so therefore, that you know, if we had 5 a deal with issues with Chacachas and Kakisiwew, then we 6 would have to seek the approval of those people because 7 they were the ones that were affected. 8 Q Now, Treaty Land Entitlement was a 9 process that involved First Nations and the federal 10 government and ultimately the provincial government. To 11 your knowledge, what First Nations was the government 12 prepared to deal with? 13 A Well, to the best of my knowledge, 14 back then, you know, a lot of our -- many of our First 15 Nations, I guess, for what reason, one or another, that 16 perhaps the -- had lost some land previous or something, 17 and so I think the government looking back in history 18 tried to identify which of those First Nations perhaps 19 didn't get the land they were entitled to based on 20 population or whatever. 21 There were many, many in the province, and 22 I can't recall what the numbers were, but there were many 23 Bands who qualified for TLE and who dealt with both the 24 federal and provincial governments in trying to have the 25 amount of land they were entitled to, for them to allow 26 them to get that amount of land back to serve their 27 membership. 28 Q But ultimately, the -- who was it that 103
1 chose what First Nations would be included within the TLE 2 process? 3 A I believe it would have been the 4 federal government, using whatever formula they used, but 5 at the end of the day, I think that decision, in my 6 opinion, rested solely with the federal government. 7 Q All right. Now, just to make the 8 process or give the background information to make the 9 process complete, the next letter to look at is one dated 10 June 12th, 1984. And that's Ochapowace's document 1-019 11 (102). Do you recognize that document? 12 A Yes, I do, Mr. Waller. 13 Q And that would have been a document, 14 the original of which went out under your signature? 15 A That is correct, yes. 16 Q And again, that document was part of 17 the process? 18 A That's correct, yes. 19 Q And what we have been able to 20 identify, there's a further document, one dated December 21 the 10th, 1984. And it's Ochapowace's document 1-018 22 (031). Again, that's a letter addressed to you? 23 A Yes, it is, Mr. Waller. And that 24 would have been from, I believe, the Minister of Indian 25 Affairs at that time, the Honourable David Crombie. 26 Q A different minister than the previous 27 one? 28 A Yeah, I believe if I remember 104
1 correctly, there was a change in government and I believe 2 the Conservatives were the government in which 3 Mr. Crombie served for. 4 Q And then again, the last document in 5 this bundle is a letter dated October 8, 1985, 6 Ochapowace's document 1-019 (277). And again, this is a 7 document that comes from Mr. Connelly. Do you remember 8 receiving that? 9 A Yes, I do. We received that some time 10 in, I think it says mid October, so best of my 11 recollection, yes, that -- I did recall receiving this 12 letter. 13 Q And thereafter, the negotiations 14 continued? 15 A Yes, it did, yes. 16 Q And when they ultimately were 17 concluded, you were no longer a part of the 18 administration of the First Nation. 19 A That's correct. I believe that was in 20 '92, and I had since left my employment with the 21 Ochapowace First Nation. 22 Q Now, are you familiar with the Treaty 23 Land Entitlement Agreement that was entered into by 24 Ochapowace First Nation? 25 A I have some familiarity with it. But 26 as I wasn't part of the community again, I was, I guess, 27 from a distance, Mr. Waller, yeah. 28 Q I mean to your knowledge, was there 105
1 any specific release of claims to the Chacachas Reserve? 2 A No. No, that -- to me, that wasn't 3 part of it. It was just dealing with the shortfall of 4 Ochapowace and no other, to the best of my knowledge. 5 Q Now, I want to turn to certain 6 documents that are in the Watson document book. 7 As you are aware, the Prime Minister 8 attended, now Mr. Trudeau, and what can you tell us about 9 promises made by Mr. Trudeau, as you understand them, 10 that relate to the matters in issue in this action? 11 A Well, I think when the current Prime 12 Minister was elected, I believe he had authored a letter, 13 a mandate letter to all of his ministers, and in that 14 letter, he said that there is no more important 15 partnership, that is important to him and Canada, than 16 that partnership with the Indigenous Peoples of Canada. 17 And he wanted to ensure that any dealings 18 further with the people -- with the Indigenous Peoples 19 was one that was a Nation to Nation. And I believe he 20 also instructed his ministers, Minister Bennett and 21 Minister Wilson-Raybould to deal with the Indigenous 22 Peoples to ensure that they were fair and they dealt with 23 all of the issues that involved the Indigenous people. 24 So I guess having said that, Mr. Waller, I 25 was my opinion that the Prime Minister wanted to resolve 26 a lot of outstanding issues with Canada and the 27 Indigenous Peoples had with each other. 28 That's what I took that letter as, and so 106
1 that was my initial reaction of that letter that the 2 Prime Minister sent to his respective ministers in 3 cabinet. 4 Q Now, the government has made a number 5 of public announcements since it was elected, and could 6 you turn to tab 32 of the plaintiffs' book of documents? 7 These -- first of all, these documents are 8 all publicly available, I found, I believe, on the 9 Department of Justice site. 10 JUSTICE: I don't think you have to 11 worry about this being a privileged document. 12 MR. WALLER: Right. 13 Q MR. WALLER: And look at tabs 32, 14 tab 33 and tab 35, if we can. 15 Now, you were -- you were elected as 16 spokesperson for Chacachas not too long ago. 17 A Yeah, that I believe, Mr. Waller, that 18 would have been December 3rd of 2017 that the membership 19 of Chacachas asked me to assist the plaintiffs who, I 20 guess the interim council, they have asked me to be the 21 head spokesman for that group to ensure that we move 22 things along to handle the business of Chacachas. 23 Q All right. So if we go back to 24 tab 32, from your perspective, how does that -- the 25 content of that document relate to the matter that brings 26 us before the court today? 27 A Well, again there, the -- like I say, 28 the minister had asked his -- or the Prime Minister asked 107
1 his ministers to deal with the affairs, the outstanding 2 affairs that Canada has with Indigenous Peoples. 3 And he also asked his minister, especially 4 his justice minister and his minister of Indigenous 5 Affairs, to, if all possible, to handle these affairs in 6 the fairest way, and he said if we didn't have to perhaps 7 go through the court process, if there was any other ways 8 of settling these things, I think he encouraged them to 9 do that. 10 I think at the end of the day, you know, 11 Canada has strongly supported the United Nations 12 Declaration of the Rights of Indigenous Peoples. And 13 having said that, you know, we felt optimistic, I guess, 14 that you know, we could perhaps deal with this issue 15 rather through negotiation rather than the process we are 16 in now. 17 Q And are there concepts in the UN 18 Declaration that you think are relevant to the matters in 19 issue in this litigation? 20 A Yeah, I think the -- like I say, the 21 document which is strongly supported by Canada, again, 22 you know, we were hoping that, you know, to sit with 23 Canada and that's, you know, why I think in July, I would 24 have presented the minister the Indigenous Minister of 25 Affairs with the letter, with the history of our claim 26 that we are talking about today. 27 And it would have been my hope that after 28 hearing the words of the Prime Minister, that perhaps we 108
1 could have found a solution. Rather than being in a 2 situation we are today. 3 So I wrote that letter to the ministers on 4 behalf of Chacachas, and unfortunately, we didn't hear 5 back from them. 6 Q The letter that you refer to, is that 7 the letter that is found in tab 37? 8 A Yes, it is. 9 Q And the purpose of that letter was 10 what? 11 A The purpose of that letter was to 12 offer a hand to the government if, you know, I -- as the 13 Prime Minister said, if we don't have to go through the 14 long and winding trail of -- or I guess trials and things 15 like that, if there's -- he wanted goodwill on behalf of 16 the Government of Canada to perhaps bring some of these 17 issues to a close, and I took it that if the government 18 could sit and negotiate, that perhaps that may have been 19 the better route to go. And the Chacachas people -- 20 Q That was an offer made and it wasn't 21 followed up and we are here today? 22 A That's correct, yeah. We never heard 23 back after my letter, we never heard back from the 24 government outside of one of the aides or minister's 25 assistants, I guess, telling us that they were going to 26 look at it, but they realized that perhaps time wasn't on 27 our side to deal with this. 28 JUSTICE: Mr. Waller, I'm having some 109
1 trouble understanding the relevance of this. These are 2 political promises. They are policy statements and so 3 forth. We are not here to judge that. 4 We are here to judge the basis of the claim 5 as made, not whether people wanted to negotiate or 6 settle. This isn't a duty-to-consult case. So I'm 7 having some trouble understanding the relevance. 8 MR. WALLER: With respect to the last 9 part, Your Honour, it simply is an indication to the 10 court that given our client's preference, we would have 11 preferred to settle the matter. 12 JUSTICE: I have never seen clients say 13 gosh, I wish I was in court. 14 MR. WALLER: The Department of Justice 15 seems to say that frequently. 16 JUSTICE: It may have to. 17 MR. WALLER: In terms of principles, I 18 mean one of the things that we will invite the court to 19 look at is what the statements that have been made by the 20 Crown, and in the context of the determining whether the 21 honour of the Crown has been fulfilled, to take into 22 account some of those statements. 23 JUSTICE: Including the very current 24 ones of the current government? Insofar as your claim 25 honour of the Crown? 26 MR. WALLER: All of the statements. 27 Q MR. WALLER: Now, the last document 28 that I will just ask you to turn to is at tab 35, and 110
1 that's a document entitled Principles Respecting the 2 Government of Canada's Relationship with Indigenous 3 People. And the last page of that document is -- 4 contains the summary. 5 And I will just simply ask you whether what 6 is outlined there, you believe is in some fashion 7 relevant to this action, and if it is, in what way. 8 A Well, again, like I say, the words of 9 the Prime Minister, we thought there was, you know, some 10 meaning to the words in which he said and there are many, 11 many issues that are still outstanding with the Chacachas 12 one and we think it was -- we know it was a forced 13 amalgamation, and everybody, you know, it's -- I guess 14 the -- what we have to look at is the accountability of 15 the government for their actions. 16 And I guess the -- like I say, we preferred 17 not to be here, but unfortunately, we are here, and I 18 guess the courts have to look at the conduct of the 19 government, and its representatives, and so that's, like 20 I say, the government says they want to do one thing, but 21 sometimes their agents don't honour that, and I think 22 that's the case here, Mr. Waller. 23 MS. JONES: I'm sorry. I have to object 24 to that. I feel that my instructions are actually being 25 questioned at this point. 26 JUSTICE: Well, I can understand that 27 not happy with the comment. But I must confess that the 28 political opinions expressed and things like that aren't 111
1 particularly -- I fail to see that they are particularly 2 germane, and I'm certainly not going to turn this trial 3 into an assessment of the policy or politics. This is 4 straight law. And I'm going to stay with law. 5 MR. WALLER: Thank you, Your Honour. 6 Those are all the questions that I have for the witness. 7 JUSTICE: Thank you. Mr. Boudreau, 8 Mr. Stevenson? 9 10 Cross-Examination by Mr. Stevenson: 11 Q MR. STEVENSON: Good afternoon, 12 Mr. Watson. 13 A Good afternoon. 14 Q Thank you for being here. I only have 15 a couple of questions, and I wanted to actually take you 16 back to the letter dated April 19, 1984. And I want to 17 take you to page 2, and the third full paragraph. I want 18 to ask you to read the third full paragraph, please. 19 A Sorry, Mr. Stevenson, was that the 20 April 19th, 1984? 21 Q That is correct. 22 A Okay. If I look at the second page. 23 Q It's the letter that I'm looking at, 24 the telex? 25 A All right, I'm sorry, I was looking at 26 the -- and you said that was April 19th? 27 Q April 19th? 28 JUSTICE: It should be right behind you, 112
1 your telex. 2 A Oh, yeah, okay, yeah, we have it here, 3 Mr. Stevenson. You said the second page? 4 Q Second page, and the third full 5 paragraph. 6 A Third full paragraph? 7 Q Yes. 8 A Okay, and you want me to read it? 9 Q Please review it. 10 A Okay. Okay, I have looked at it, 11 Mr. Stevenson, and you are asking me? 12 Q Okay, so I just wanted to reiterate 13 that this is a letter from Minister John Munro to 14 yourself when you were chief? 15 A Yes. 16 Q Okay. Now, when looking at that 17 paragraph, I'm wondering when it considers the Indian 18 Reserves from 1876, did the Ochapowace Band have any 19 authority to deal with the original Kakisiwew Reserve? 20 A No. No, we wouldn't have had, 21 Mr. Stevenson. To me, and I think to the council at that 22 time, this was strictly a Ochapowace Nation issue, and 23 like I say, had we thought it would have, then we would 24 have probably had to defer that to the known members of 25 Kakisiwew or the descendants of them. 26 Because I don't believe that we were in a 27 place of authority to make decisions on behalf of anybody 28 else out of Ochapowace, as we knew it at that time. 113
1 Q Okay, thank you. Now, my next 2 question relates to what my friend, Mr. Waller, referred 3 to that UN understanding of the TLE agreement that was 4 ratified by the Ochapowace Nation. 5 JUSTICE: You have to say yes or no for 6 the recorder. 7 A Okay, can you repeat that, 8 Mr. Stevenson? 9 Q MR. STEVENSON: My friend 10 Mr. Waller indicated that you have an understanding of 11 the framework agreement on Treaty land that was ratified 12 by the Ochapowace Nation? 13 A Because I guess leaders change all the 14 time, I was here for part of that, Mr. Stevenson, but I 15 wasn't here in 1992 when the actual Treaty Land 16 Entitlement was ratified by Ochapowace. 17 I was not the employment -- I guess I 18 wasn't here and I wasn't part of the administration at 19 that time. 20 Q But as an individual that was affected 21 by that agreement, you have an understanding of what that 22 agreement was dealing with? 23 A Yeah, I had an understanding of it, 24 yes. 25 Q Now, within the four corners of that 26 Treaty Land Entitlement Agreement that was ratified in 27 1993, I believe, was there any release within that TLE 28 agreement related to the original Kakisiwew Reserve? 114
1 A To the best of my knowledge, no, there 2 wasn't. 3 MR. STEVENSON: Thank you. That's all 4 my questions. 5 6 Cross-Examination by Mr. Phillips: 7 Q MR. PHILLIPS: Good afternoon. 8 A Good afternoon, Mr. Phillips. 9 Q I understand we have already had this 10 reviewed already in Chief Allary's or Ross Allary's 11 testimony, it arose, but I will put it to you as well. 12 You were elected chief in the Cree custom? 13 A Yes. 14 Q And are you entitled to be regarded as 15 a chief after you have finished your term? 16 A That's hard to answer, Mr. Phillips, 17 but basically, in our communities, when we have earned 18 that honour, from our people, that's certainly, you know, 19 we are looked at as leaders and a lot of people will 20 continue to give us that title, once a chief always a 21 chief, perhaps, and I like to think that both Ross and I 22 have worked very diligently for our people and our 23 community, and today, a lot of the membership still refer 24 to us as Chief Allary and Chief Watson. 25 So I guess that's , you know, it's perhaps 26 unwritten but I think we have earned that title beyond 27 our years of service, and our membership continue to 28 acknowledge that. 115
1 Q Okay, and when you say membership, the 2 membership of which First Nation? 3 A The membership of Ochapowace. 4 Q And during the time that you served as 5 chief, did you see your duty limited in any fashion? Was 6 there any member of Ochapowace that you didn't owe a duty 7 to? 8 A No. It would have been -- it would 9 have been to the membership of Ochapowace at that time. 10 Q Did you see your duty to be any 11 greater or more onerous with regard to Chacachas? 12 A We knew of the situation and we knew 13 there was a day that the people of Chacachas and 14 Kakisiwew would organize and come forward. 15 We knew that because their chiefs 16 respectively signed Treaties, so we knew they would be 17 coming at some time. 18 Q And as you earned the honour, as you 19 discharged your duty to every member, was there stepping 20 stones to greater empowerment in terms of your 21 governance? 22 A There were, and, you know, like I say, 23 at that time, in mid '80s, and we knew of the situation 24 as our Elders had always told us, and as leaders that 25 came through, we realized there was a day that we would 26 have to deal with this issue because at that time the 27 descendants of those respective communities would come 28 forward and they would want to address the situation as 116
1 we know it. 2 Q As a chief and as a member of 3 Ochapowace, had you been approached by Canada other than 4 the letter of Mr. Munro on the Chacachas and Kakisiwew 5 issue? 6 A No. 7 Q Did that represent the first time that 8 Canada had attempted to correspond with you about the 9 issue? 10 A Although when we were in office, 11 basically we -- we were dealt with and we dealt with the 12 business only of Ochapowace. 13 Q Right. But the raising of the issue, 14 TLE, you have said, was a stepping stone towards 15 increased governance, the capacity to be able to start to 16 increase the potential of your First Nation. Correct? 17 A Yeah, that's correct, yeah. 18 Q To the best of your knowledge, when 19 was the time that Chief and Council began to be able to 20 act without a farm instructor or without an Indian agent 21 present on the Reserve? 22 A Well, I think history tells us perhaps 23 in the mid '60s would have been the end of the Indian 24 agent. 25 And Ochapowace, I think over the years 26 prior to that, even with the presence of the Indian 27 agent, I think there was always attempts to better the 28 lives of our people through agriculture or other means, 117
1 so I think we have always had that ability, but I think 2 really, once our First Nation or once Ochapowace was 3 freed of the Indian agent, then I really think that we 4 started working towards where we are today. 5 I think that battle would have started once 6 we were able to do a lot of things we weren't able to do 7 when the Indian agent was present in our community. 8 Q And to give Canada credit, the 9 introduction of claims policies had allowed for research 10 and allowed for discovery of claims in the late '70s were 11 a big step. 12 They were part of the government's step 13 that assisted First Nations? 14 A They were part of this, and 15 absolutely, and as much as we like to give credit, a lot 16 of that credit has to be given to, you know, our own 17 communities who worked with very, very limited resources 18 and always tried to better the lives of our respective 19 First Nations. 20 Q Did the First Nation receive funding 21 to pursue TLE? 22 A I believe there was some money to 23 assist us at that time, but I can't recall the amounts or 24 anything like that. 25 Q I understand that. I wasn't -- I know 26 your memory is good but not that good. 27 Tell me about the research that was 28 commissioned that discovered much of the underlying 118
1 content. That research -- those research dollars only 2 began flowing in the late '70s-early '80s, correct? 3 A That -- to my knowledge, yes. 4 Q So knowing the facts and being able to 5 come to the facts depended on the information. Is that 6 right? 7 A That's correct, yes. 8 Q Okay. So have you -- were you here 9 for the opening argument of the Crown yesterday? 10 A Yes, I was. 11 Q And you heard a suggestion that the 12 Band had never been -- Ochapowace Band never been -- 13 never made a request to subdivide the Reserve. Have you 14 ever heard anything like that before? 15 A I have never heard anything like that 16 before. 17 Q Was that the first occasion that you 18 had heard of a proposal to subdivide? 19 A To the best of my knowledge, yes. 20 Q Were you aware of the circumstances 21 with Chief Denton George in the late 1990s and his 22 approach to the Crown on behalf of Chacachas? You have 23 testified about the letters. 24 A Yeah, I believe the descendants of 25 Chacachas started discussing this perhaps in the mid '90s 26 to the late '90s, and I know that at that time, Chief 27 George certainly was receptive to the discussion with the 28 descendants. 119
1 So as far as to the best of my knowledge, 2 yes, Chief George and the descendants did talk about 3 perhaps the issue that Chacachas was in. 4 Q And were you aware of the response 5 from the Crown when Chief Denton George did approach 6 them, that Canada's policy was Canada's policy and had to 7 be followed? 8 A I wasn't familiar with that because, 9 like I say, I wasn't part of the community at that time, 10 Mr. Phillips. 11 Q Okay. Were you knowledgeable about 12 the litigation beginning -- the beginning of the 13 litigation because of the failure of the matters with 14 Canada? 15 A I'm somewhat familiar with that, yes. 16 Q Okay. And were you familiar with any 17 of the correspondence or communications with then 18 regional director who communicated that the -- Canada had 19 to have the matters dealt with its way or the matters had 20 to go to court? 21 A I'm not well versed in that, but, you 22 know, I mean we -- you would hear that there was some 23 discussion between the regional director general or 24 officials of the government along with discussion with 25 the leadership of Ochapowace. 26 Q Now, we know that Chief Denton is not 27 with us, a tremendous loss. He is here in spirit. 28 A Yeah. 120
1 Q Who was the person who would next know 2 the most about these discussions with Canada? Who was 3 the right-hand man, so to speak, with respect to Chief 4 Denton in matters he did? 5 A I would say at that time, councillor 6 and former Chief Ross Allary. 7 Q Okay. 8 A He has the longevity of serving our 9 people in our community. 10 Q Is there anything further that you'd 11 like to add? Have my questions been fair or have I cut 12 you off in any way? 13 A No, like I say, they are fair. It's 14 just, you know, I was part of the community and I wasn't 15 part of the community, so sometimes my knowledge is 16 greater in some things than it is in others, but again, a 17 lot of the information would have been conveyed to the 18 membership from our leadership at that time. 19 MR. PHILLIPS: Thank you, sir. I have 20 no further questions. 21 (WITNESS STANDS DOWN) 22 JUSTICE: I guess that's about as far as 23 we can go today. We did a good two hours' work. 24 All right. So 9:30 tomorrow. Ms. Bear 25 first. I don't know -- I don't want to pin you down, but 26 how long, approximately, do you think you might be? 27 MS. JONES: With Ms. Bear, less than an 28 hour. 121
1 JUSTICE: Okay, so she will be able to 2 make her appointment in Saskatoon, so good enough. 3 We will see you all tomorrow then. 4 REGISTRAR: This matter is adjourned 5 until 9:30 tomorrow. 6 7 8 (COURT ADJOURNED AT 3:35 P.M.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 122
1 CERTIFIED COURT REPORTER'S CERTIFICATE 2 3 4 We, DIANA HALVORSEN AND SONJA PETRYSHYN, CSR(A), Certified 5 Court Reporters, hereby certify that the foregoing pages 6 contain a true and correct transcription of my stenograph 7 notes taken herein to the best of my knowledge, skill and 8 ability. 9 10 11 12 13 14 15 16 ______17 D. J. HALVORSEN, CSR(A), RPR 18 CERTIFIED COURT REPORTER 19 20 21 22 23 24 ______25 SONJA PETRYSHYN, CSR(A) 26 CERTIFIED COURT REPORTER 27 28 1 ' 1998 [1] - 71:3 551 [1] - 69:15 76:22, 76:23, 76:24, 76:27, 1999 [3] - 72:19, 73:7, 73:10 56 [1] - 4:4 76:28, 77:1, 77:4, 77:7, '44 [1] - 24:12 19th [6] - 99:16, 100:6, 111:20, 565 [1] - 70:9 77:15, 79:14, 96:4, 96:8 '60s [1] - 116:23 111:26, 111:27 567 [1] - 71:4 Act [6] - 6:18, 6:21, 8:3, 8:4, '70s [3] - 74:24, 117:10, 118:2 1:30 [2] - 61:6, 61:11 578 [1] - 73:7 17:25, 17:26 '70s-early [1] - 118:2 1st [1] - 71:3 act [2] - 98:6, 116:20 '80s [4] - 16:27, 43:15, 115:23, 6 acted [2] - 89:27, 89:28 118:2 2 action [5] - 42:21, 53:14, 82:11, '83 [1] - 90:3 6 [7] - 30:4, 30:6, 30:7, 31:22, 105:10, 110:7 2 [12] - 4:4, 28:24, 28:26, 31:7, 32:7, 61:21, 61:24 '87 [1] - 90:4 actions [4] - 27:25, 41:12, '90 [1] - 26:18 56:11, 56:14, 56:18, 56:20, 60s [2] - 46:7, 49:10 42:15, 110:15 56:25, 83:21, 91:6, 111:17 [1] '90s [2] - 118:25, 118:26 61 - 4:6 activities [1] - 19:14 20 [1] - 18:13 [1] '92 [1] - 104:20 62 - 3:12 actual [1] - 113:15 2017 [1] - 106:18 '93 [1] - 63:26 ad [2] - 85:28 2018 [1] - 1:27 7 add [1] - 120:11 20s [2] - 8:20, 49:7 0 7 [2] - 31:25, 32:8 addition [1] - 79:19 24,000 [1] - 76:20 71 [1] - 1:11 additional [2] - 65:7, 80:13 031) [1] - 103:22 276) [1] - 100:10 additions [1] - 33:9 277 [1] - 100:10 8 address [6] - 5:26, 34:22, 1 277) [1] - 104:6 40:19, 60:4, 60:25, 115:28 28 [2] - 43:11, 94:13 1 [2] - 56:9, 56:23 8 [7] - 30:26, 31:27, 31:28, 32:4, addressed [3] - 67:4, 70:21, 28th [5] - 72:19, 99:8, 99:13, 1-018 [1] - 103:21 32:9, 72:17, 104:5 103:22 99:17 1-019 [5] - 99:7, 100:10, 103:10, 89 [1] - 3:14 adjourn [1] - 87:1 104:6 8th [1] - 99:15 ADJOURNED [2] - 61:12, 121:8 10 [1] - 38:11 3 adjourned [4] - 5:28, 47:28,
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42:7 acquire [1] - 79:18 affirmed [1] - 89:16 1984 [6] - 99:16, 100:6, 103:10, 5 [9] - 3:5, 29:10, 29:23, 29:24, Affirmed [6] - 3:5, 3:12, 3:14, 103:21, 111:16, 111:20 29:28, 31:19, 32:6, 61:20, acquired [11] - 77:25, 77:26, 5:19, 62:20, 89:12 1985 [2] - 14:16, 104:5 61:24 79:6, 79:22, 81:5, 81:12, 81:22, 81:23, 82:1, 82:7, affix [3] - 9:2, 10:7, 10:17 1987 [1] - 89:22 51 [1] - 3:11 85:20 affixed [1] - 11:2 1990s [1] - 118:21 526 [1] - 64:4 acquiring [1] - 81:20 affixing [1] - 9:26 1992 [7] - 75:13, 91:4, 92:1, 547 [1] - 67:20 acreage [2] - 27:4, 77:18 afraid [1] - 25:3 92:17, 92:21, 93:16, 113:15 55,000 [2] - 76:22, 77:15 1993 [1] - 113:27 acres [15] - 32:25, 36:10, 76:16, afternoon [5] - 62:12, 111:11, 2 111:13, 114:7, 114:8 51:4 112:19, 112:27 97:11, 108:19, 116:27, age [2] - 22:23, 44:24 apologies [1] - 73:19 authorship [1] - 53:3 117:18 agency [1] - 14:13 appear [3] - 54:3, 63:17, 97:12 available [4] - 9:9, 55:1, 57:8, between [14] - 11:15, 12:9, agent [11] - 11:26, 15:26, 19:25, APPEARANCES [1] - 2:1 106:8 38:28, 39:15, 71:14, 76:18, 20:9, 20:24, 20:26, 116:20, applicable [1] - 85:4 award [1] - 88:6 76:19, 77:11, 86:11, 91:1, 116:24, 116:27, 117:3, 117:7 application [1] - 72:14 aware [5] - 40:24, 50:28, 105:7, 91:10, 94:1, 94:26, 119:23 agents [6] - 15:7, 16:17, 19:22, applying [1] - 83:24 118:20, 119:4 beyond [2] - 70:2, 114:26 25:4, 25:18, 110:21 appointed [1] - 68:6 big [2] - 21:6, 117:11 ago [4] - 25:22, 46:5, 99:22, appointment [2] - 74:27, 121:2 B bigger [1] - 32:17 106:16 appreciate [2] - 40:20, 60:12 Bill [1] - 27:8 background [2] - 91:26, 103:8 agree [2] - 94:7, 94:9 approach [6] - 21:28, 28:12, binder [4] - 55:27, 88:20, 88:22, ballpark [1] - 76:20 agreed [2] - 53:2, 62:26 85:3, 85:5, 118:22, 119:5 88:24 BAND [3] - 1:6, 1:11, 1:17 Agreement [7] - 63:26, 75:11, approached [1] - 116:3 bird [1] - 73:6 band [2] - 70:10, 70:13 76:3, 92:18, 97:3, 104:23, appropriate [2] - 63:2, 97:8 Bird [3] - 67:22, 69:18, 74:4 Band [35] - 1:17, 14:7, 14:11, 113:26 approval [2] - 101:14, 102:6 Bird's [2] - 21:8, 36:8 14:15, 14:17, 17:25, 17:26, agreement [24] - 13:19, 75:14, April [7] - 99:16, 100:6, 111:16, bit [8] - 42:23, 48:13, 58:4, 17:27, 27:2, 38:9, 43:9, 75:23, 75:27, 77:14, 92:1, 111:20, 111:26, 111:27 58:21, 60:2, 60:5, 65:19, 43:15, 53:22, 64:27, 67:25, 92:10, 92:12, 92:13, 92:18, archives [2] - 68:27, 68:28 85:17 69:6, 69:9, 71:10, 83:5, 84:4, 92:21, 92:22, 92:24, 93:17, area [16] - 4:4, 10:1, 32:21, boarding [1] - 22:18 84:6, 84:19, 84:22, 89:26, 97:14, 97:18, 97:19, 113:3, 36:13, 36:17, 38:16, 56:25, Bob [1] - 99:9 90:13, 90:17, 90:19, 94:16, 113:11, 113:21, 113:22, 65:12, 76:9, 76:11, 76:12, book [38] - 4:6, 11:28, 15:26, 95:6, 96:6, 96:9, 98:11, 113:28 76:20, 78:22, 79:1, 79:5, 16:9, 52:26, 52:28, 53:1, 112:18, 118:12 agriculture [1] - 116:28 79:11 53:10, 53:13, 53:19, 53:25, Bands [2] - 36:26, 102:23 ahead [6] - 17:24, 18:28, 48:4, areas [2] - 11:16, 81:16 54:4, 54:8, 55:5, 55:14, baseball [1] - 61:28 70:7, 71:11, 97:22 argue [2] - 92:2, 97:7 55:17, 56:9, 56:28, 57:4, based [2] - 14:19, 102:19 ahh [1] - 97:2 argument [1] - 118:9 57:6, 57:12, 61:16, 61:18, basis [6] - 34:9, 90:6, 94:16, ahold [1] - 14:9 arose [2] - 6:6, 114:11 61:20, 64:4, 66:7, 67:19, 96:1, 97:21, 109:4 aides [1] - 108:24 arranged [1] - 78:21 69:15, 70:9, 71:4, 72:17, battle [2] - 8:1, 117:5 Albert [1] - 23:1 arrangements [1] - 78:19 82:19, 88:26, 105:6, 106:6 bear [1] - 48:19 Alberta [2] - 22:27, 43:23 Arthur [9] - 6:7, 11:22, 24:2, books [5] - 15:26, 23:21, 36:18, Bear [20] - 46:25, 47:1, 47:4, alive [5] - 46:2, 50:25, 50:28, 24:23, 45:22, 49:13, 50:1, 56:10, 57:2 47:6, 47:10, 61:20, 62:18, 65:11, 65:16 50:21, 50:24 born [6] - 24:11, 24:14, 44:24, 63:6, 65:5, 70:18, 72:25, Allary [15] - 4:5, 5:7, 5:13, aside [1] - 78:22 45:3, 45:11, 45:26 72:26, 72:27, 72:28, 78:16, 34:18, 36:2, 37:28, 39:22, assessment [1] - 111:3 Botkin [1] - 2:12 98:28, 99:2, 120:24, 120:27 39:24, 56:26, 76:7, 78:2, assigned [1] - 98:12 bottom [1] - 30:12 BEAR [7] - 1:5, 1:6, 1:16, 3:12, 98:27, 114:24, 120:6 Boudreau [3] - 2:3, 86:1, 111:7 Assiniboine [5] - 47:4, 47:7, 62:20 ALLARY [3] - 1:5, 3:5, 5:19 49:23, 49:27, 50:12 boxes [1] - 78:6 bears [1] - 63:27 Allary's [2] - 114:10 assist [7] - 58:23, 66:16, 67:16, boys [1] - 30:8 became [1] - 6:14 allow [6] - 17:17, 20:11, 26:11, 67:24, 70:5, 106:19, 117:23 breach [1] - 19:20 become [11] - 6:13, 6:14, 14:15, 55:27, 97:20, 102:25 assistance [1] - 5:8 BREAK [3] - 33:25, 48:2, 87:3 14:17, 14:21, 17:12, 17:18, allowed [5] - 58:27, 82:28, break [6] - 18:24, 19:8, 40:2, assistant [1] - 16:17 34:25, 74:26, 82:12, 84:7 97:15, 117:9, 117:10 assistants [1] - 108:25 40:10, 47:24, 57:7 becomes [1] - 93:27 allowing [1] - 18:5 assisted [1] - 117:13 breaks [1] - 18:27 began [4] - 20:15, 24:27, alone [1] - 58:26 briefly [1] - 83:15 assumption [2] - 12:18, 85:16 116:19, 118:2 amalgamated [2] - 71:13, 72:3 assure [1] - 88:8 bring [5] - 10:5, 10:14, 57:18, beginning [3] - 12:8, 119:12 amalgamation [2] - 101:16, AT [3] - 5:1, 61:12, 121:8 59:25, 108:16 behalf [7] - 1:6, 70:22, 108:4, 110:13 brings [2] - 74:10, 106:25 attachment [1] - 96:4 108:15, 112:27, 118:22 ambiguity [2] - 92:8, 92:9 [6] broad [1] - 96:1 attempt - 91:1, 93:2, 93:14, behind [6] - 6:19, 8:23, 14:10, amount [3] - 96:8, 102:25, Broadview [1] - 38:13 93:16, 93:26, 95:17 28:6, 78:1, 111:28 102:26 [1] Broadway [1] - 87:26 attempted - 116:8 believes [1] - 13:16 amounts [1] - 117:23 [3] brother [5] - 22:24, 34:18, 45:1, attempts - 92:27, 93:23, below [1] - 82:6 AND [4] - 1:10, 1:21, 61:24, 116:27 45:2, 45:9 Bennett [1] - 105:20 122:4 attended [2] - 5:10, 105:8 brought [5] - 10:12, 27:4, best [14] - 14:19, 35:17, 41:2, announcements [1] - 106:5 31:23, 32:23, 87:28 attention [2] - 10:16, 52:26 77:27, 92:8, 101:5, 102:13, answer [6] - 17:4, 35:23, 38:25, Broxton [1] - 16:23 AUDREY [1] - 1:5 104:10, 105:4, 114:1, 116:18, 50:8, 81:19, 114:16 buffalo [1] - 20:6 authored [1] - 105:12 118:19, 119:1, 122:7 answers [2] - 40:8, 40:18 build [3] - 22:14, 22:15, 22:18 authority [7] - 16:20, 16:22, better [7] - 32:3, 57:11, 57:19, anyway [4] - 8:20, 39:12, 49:7, 101:3, 101:18, 101:28, built [1] - 21:2 3 bundle [2] - 88:17, 104:5 13:9, 13:17, 14:2, 14:4, children [1] - 17:1 70:22, 94:1, 119:17 bunt [1] - 62:1 14:20, 14:23, 14:25, 14:28, choice [1] - 85:11 communities [3] - 114:17, buried [1] - 25:8 15:4, 15:11, 15:23, 15:24, chose [2] - 21:6, 103:1 115:27, 117:17 bury [1] - 50:26 16:4, 16:5, 16:8, 16:10, 17:3, chosen [3] - 66:24, 66:27, 67:1 community [10] - 65:11, 87:18, bush [1] - 32:19 18:6, 26:20, 27:3, 27:6, 28:2, circumstance [1] - 90:12 89:28, 104:26, 114:23, 117:7, business [4] - 90:2, 101:11, 29:10, 30:8, 30:9, 31:20, circumstances [6] - 6:24, 15:3, 119:9, 120:9, 120:14, 120:15 106:22, 116:12 36:16, 36:19, 36:21, 36:22, 60:6, 60:11, 97:16, 118:20 complaining [1] - 95:25 buy [1] - 77:4 37:3, 37:5, 37:11, 37:20, Claim [3] - 41:11, 74:10, 74:16 complete [4] - 33:18, 33:28, buyer [1] - 77:28 38:6, 53:22, 63:14, 63:20, claim [10] - 43:1, 69:2, 94:5, 92:24, 103:9 buying [2] - 76:8 63:22, 64:8, 64:22, 64:28, 94:16, 95:6, 95:7, 96:1, completely [1] - 85:28 66:4, 66:13, 67:25, 71:10, 107:25, 109:4, 109:24 completes [1] - 35:26 71:12, 71:14, 71:25, 72:2, C claims [4] - 90:11, 105:1, 117:9, complicate [1] - 6:10 72:7, 73:4, 73:25, 74:4, 117:10 compose [1] - 86:5 cabinet [1] - 106:3 74:28, 76:11, 76:20, 78:3, Claims [1] - 41:14 computer [1] - 58:26 Calgary [1] - 65:22 78:22, 78:24, 78:25, 79:12, clarification [3] - 32:12, 33:12, concept [2] - 6:12, 15:14 Cameron [10] - 17:15, 27:5, 79:19, 79:28, 80:1, 80:24, 33:13 concepts [1] - 107:17 34:25, 44:27, 45:2, 65:3, 82:13, 83:1, 83:19, 83:23, clarifications [1] - 33:10 concerned [2] - 9:15, 92:12 66:22, 68:28, 69:22, 72:26 84:3, 84:6, 84:15, 84:27, clarify [2] - 42:22, 44:12 concerning [1] - 95:5 camp [1] - 14:5 86:11, 86:23, 90:6, 90:7, clarifying [2] - 57:2, 60:20 concerns [1] - 40:17 Camp [1] - 9:12 90:11, 90:16, 90:19, 101:25, clause [3] - 92:23, 97:2, 97:9 concession [3] - 85:20, 94:24, Canada [32] - 13:28, 40:25, 101:28, 102:5, 105:1, 106:16, clean [1] - 89:9 95:21 53:26, 58:6, 58:8, 61:22, 106:19, 106:22, 108:4, clear [2] - 47:12, 52:6 concluded [3] - 5:5, 92:12, 64:10, 69:10, 75:12, 83:24, 108:19, 110:11, 115:11, clearer [1] - 95:1 104:17 83:26, 91:19, 93:4, 95:25, 115:13, 116:4, 118:22, clearly [2] - 74:2, 94:20 conclusions [1] - 53:6 95:27, 98:10, 98:16, 98:21, 118:25, 119:3 clerk [1] - 53:13 conduct [2] - 58:14, 110:18 105:15, 105:16, 105:26, CHACACHAS [1] - 1:17 client [1] - 86:13 conducted [2] - 75:4, 76:7 107:2, 107:11, 107:21, Chacachas's [2] - 12:16, 15:10 client's [1] - 109:10 conference [1] - 62:26 107:23, 108:16, 116:3, 116:8, chance [1] - 66:2 clients [5] - 53:16, 86:15, confess [2] - 81:18, 110:27 117:8, 119:14, 119:18, 120:2 change [3] - 57:9, 104:1, 86:27, 97:5, 109:12 confirm [2] - 9:25, 96:25 CANADA [3] - 1:10, 1:21, 1:21 113:13 clock [1] - 40:1 confirmation [1] - 101:4 Canada's [3] - 110:2, 119:6 changes [1] - 85:2 close [7] - 13:7, 29:13, 33:2, connection [2] - 90:16, 90:18 cancelled [1] - 31:3 CHARLIE [1] - 1:16 33:18, 37:10, 50:4, 108:17 Connelly [3] - 99:8, 99:9, 104:7 capacity [3] - 46:21, 73:1, Charlie [3] - 47:3, 47:7, 72:25 closer [2] - 29:16, 29:20 consents [1] - 53:11 116:15 Charlotte [1] - 99:2 co [2] - 33:20, 54:25 Conservatives [1] - 104:2 cards [1] - 56:2 check [4] - 59:20, 82:28, 91:5, co-counsel [2] - 33:20, 54:25 consider [2] - 78:24, 92:14 care [3] - 7:10, 52:19, 61:25 91:22 column [5] - 83:1, 83:8, 83:15, consideration [1] - 95:8 carried [1] - 36:26 chief [41] - 5:6, 5:8, 5:13, 12:21, 83:21, 84:13 considered [1] - 39:5 carries [1] - 17:17 13:4, 13:7, 13:21, 13:23, columns [2] - 83:12, 84:20 considers [1] - 112:17 carry [3] - 13:19, 47:25, 65:7 13:24, 14:10, 17:18, 17:20, combined [1] - 76:21 consists [1] - 82:22 case [6] - 52:20, 59:24, 60:8, 18:8, 18:9, 18:12, 18:13, coming [6] - 6:5, 12:3, 14:4, consult [3] - 33:20, 86:27, 62:26, 109:6, 110:22 18:21, 19:16, 23:14, 27:8, 52:13, 61:1, 115:17 109:6 cases [2] - 85:27, 85:28 33:28, 34:12, 37:1, 43:12, COMMENCED [1] - 5:1 consultation [2] - 71:13, 72:4 cattle [5] - 10:5, 10:13, 10:14, 54:3, 59:10, 69:20, 89:21, comment [2] - 59:3, 110:27 consulted [1] - 83:9 30:8, 31:24 89:25, 89:28, 90:4, 90:22, comments [1] - 86:14 consulting [2] - 71:27, 71:28 certain [3] - 76:16, 100:22, 97:28, 98:1, 112:14, 114:12, commissioned [1] - 117:28 contact [5] - 65:10, 65:13, 105:5 114:15, 114:20, 114:21, commitment [1] - 88:5 68:20, 69:3, 72:6 certainly [6] - 55:3, 59:19, 115:5, 116:2 committee [2] - 66:15, 86:11 contacted [5] - 68:21, 68:22, 60:18, 111:2, 114:18, 118:27 Chief [28] - 13:15, 13:22, 14:2, Committee [1] - 94:15 68:27, 69:4, 70:1 CERTIFICATE [1] - 122:1 19:10, 34:17, 66:12, 67:5, common [1] - 52:26 contain [2] - 92:1, 122:6 CERTIFIED [3] - 122:1, 122:18, 67:6, 67:9, 67:14, 68:21, [4] contains [2] - 53:19, 110:4 122:26 70:17, 73:16, 75:22, 86:12, communicate - 68:8, 68:10, 68:12, 69:11 content [2] - 106:25, 118:1 Certified [1] - 122:4 86:18, 98:5, 114:10, 114:24, communicated [3] - 68:13, CONTENTS [1] - 3:2 certify [1] - 122:5 116:19, 118:21, 118:26, 68:15, 119:18 context [4] - 81:8, 97:14, 97:17, Chac [1] - 78:23 119:2, 119:5, 119:26, 120:3, 120:6 communication [10] - 8:18, 109:20 Chacachas [113] - 1:17, 9:24, 68:20, 86:11, 93:11, 93:27, continuation [1] - 89:15 10:2, 10:5, 10:15, 11:10, chief's [1] - 70:2 94:4, 94:8, 94:28, 95:23, 11:26, 12:1, 12:13, 12:15, chiefs [9] - 6:21, 12:6, 12:10, continue [3] - 5:7, 114:20, 97:13 12:24, 12:27, 13:1, 13:3, 12:12, 12:21, 12:28, 13:19, 114:27 20:11, 115:15 communications [4] - 68:25, continued [2] - 64:19, 104:14 4 continues [1] - 6:14 court [34] - 7:3, 7:7, 11:4, 11:9, custom [1] - 114:12 83:28, 84:1 continuing [2] - 6:2, 71:24 23:19, 26:26, 28:15, 28:25, cut [2] - 32:20, 120:11 descendants [9] - 1:17, 71:10, control [1] - 20:3 32:28, 35:21, 52:27, 54:5, 72:1, 85:8, 112:25, 115:27, controversy [1] - 76:15 58:3, 61:23, 62:24, 63:16, D 118:24, 118:28, 119:2 conundrum [1] - 58:21 66:9, 78:19, 82:23, 91:14, descended [3] - 84:1, 84:5, dad [2] - 46:21, 47:15 convenient [1] - 40:13 92:3, 92:14, 93:21, 95:28, 84:24 dam [3] - 32:18, 32:26, 36:11 conversations [2] - 35:6, 35:7 97:2, 97:5, 97:16, 97:27, describe [27] - 7:6, 7:12, 8:21, Daniel [2] - 11:24, 48:21 conveyed [1] - 120:17 106:26, 107:7, 109:10, 11:3, 11:8, 11:21, 12:9, darn [2] - 91:5, 91:22 cooperate [1] - 67:9 109:13, 109:18, 119:20 15:16, 15:25, 15:28, 16:12, date [7] - 14:24, 16:25, 27:10, copies [5] - 54:6, 54:11, 54:13, Court [3] - 1:1, 1:14, 122:5 21:4, 26:26, 28:9, 28:14, 75:8, 95:22, 99:12 55:1, 62:5 COURT [10] - 1:2, 2:14, 5:1, 28:25, 30:1, 32:11, 32:16, dated [11] - 71:3, 72:18, 73:6, copy [7] - 53:17, 56:17, 57:3, 9:16, 28:19, 61:12, 121:8, 32:27, 32:28, 34:15, 37:6, 94:13, 99:7, 99:15, 100:6, 57:6, 57:8, 57:17, 57:19 122:1, 122:18, 122:26 63:21, 71:15, 78:5, 82:23 103:9, 103:20, 104:5, 111:16 corners [1] - 113:25 courts [2] - 97:15, 110:18 described [5] - 10:11, 36:18, dates [2] - 89:6, 99:3 correct [51] - 6:8, 27:12, 29:19, cousin [2] - 44:19, 44:28 37:7, 38:4, 38:5 David [1] - 103:25 32:14, 36:5, 41:2, 42:9, Cowessess [3] - 20:24, 46:10, describing [2] - 27:14, 30:27 deal [21] - 27:9, 52:24, 60:13, 42:15, 43:3, 43:16, 43:19, 46:14 Description [2] - 3:4, 4:3 80:27, 86:17, 88:16, 98:16, 43:23, 43:25, 43:27, 45:8, creaks [1] - 39:15 descriptions [1] - 17:3 101:11, 101:12, 101:18, 45:13, 45:23, 46:11, 46:16, created [1] - 76:21 designated [1] - 79:2 101:21, 101:22, 101:26, 46:19, 46:26, 47:10, 47:14, creation [1] - 102:3 designation [1] - 79:9 102:5, 102:12, 105:21, 107:1, 47:19, 48:15, 48:27, 49:3, credit [3] - 117:8, 117:15, desire [1] - 88:6 107:14, 108:27, 112:19, 49:14, 50:13, 50:18, 51:19, 117:16 detailed [1] - 95:9 115:26 51:20, 51:22, 77:2, 84:16, Cree [11] - 6:26, 6:27, 7:13, determine [2] - 53:7, 86:26 dealing [7] - 68:18, 98:12, 84:17, 89:23, 90:23, 91:28, 7:14, 7:20, 21:13, 21:14, determined [1] - 93:6 101:24, 102:1, 102:2, 105:3, 96:20, 99:27, 103:15, 103:18, 21:16, 38:27, 88:10, 114:12 determining [2] - 86:23, 109:20 113:22 104:19, 108:22, 111:21, Creek [3] - 38:15, 38:21, 39:15 diagram [1] - 5:9 dealings [1] - 105:17 116:16, 116:17, 118:2, 118:7, critical [1] - 86:24 DIANA [1] - 122:4 deals [1] - 97:25 122:6 Crombie [2] - 103:25, 104:3 died [3] - 17:15, 45:16, 45:28 dealt [7] - 20:19, 90:1, 102:23, correctly [1] - 104:1 Cross [10] - 3:6, 3:8, 3:9, 3:15, difference [2] - 77:11, 94:26 105:22, 116:11, 119:19 correspond [1] - 116:8 3:17, 36:1, 37:26, 39:20, different [13] - 19:28, 34:27, deceased [1] - 15:21 correspondence [12] - 53:20, 111:10, 114:6 34:28, 42:24, 42:25, 49:19, December [4] - 71:3, 99:16, 54:2, 70:28, 71:19, 86:16, cross [12] - 31:28, 55:10, 58:15, 88:19, 92:2, 92:28, 99:4, 103:20, 106:18 90:21, 90:24, 90:27, 94:26, 59:5, 59:11, 59:24, 59:28, 103:26 decided [1] - 76:19 97:7, 97:25, 119:17 60:8, 60:16, 85:17, 85:24, difficult [1] - 60:13 decision [1] - 103:5 Council [15] - 18:19, 18:21, 87:21 difficulties [1] - 60:26 decisions [1] - 112:27 43:9, 43:15, 64:15, 68:21, cross-examination [8] - 55:10, difficulty [2] - 62:3, 96:13 Declaration [2] - 107:12, 70:14, 75:22, 86:12, 86:18, 58:15, 59:11, 59:24, 59:28, diligently [1] - 114:22 107:18 98:5, 100:25, 100:28, 101:4, 60:8, 85:17, 87:21 dinosaur [1] - 9:7 Defendants [2] - 1:12, 1:23 116:19 Cross-Examination [10] - 3:6, dinosaurs [2] - 54:21, 54:23 defer [2] - 58:24, 112:24 council [17] - 70:1, 70:3, 70:10, 3:8, 3:9, 3:15, 3:17, 36:1, direct [3] - 1:16, 59:23, 64:27 definition [4] - 83:24, 83:25, 70:13, 74:19, 87:8, 89:21, 37:26, 39:20, 111:10, 114:6 directed [1] - 90:21 83:26, 84:7 89:24, 89:27, 98:2, 98:15, cross-examine [2] - 59:5, 85:24 direction [1] - 9:1 degree [1] - 53:11 98:23, 98:26, 99:3, 101:17, crossed [3] - 21:9, 30:22 director [2] - 119:18, 119:23 106:20, 112:21 Dennis [1] - 99:2 crossroads [2] - 33:4, 33:5 Director [2] - 67:22, 69:18 councillor [2] - 43:12, 120:5 Denton [19] - 13:15, 13:20, Crowe [5] - 34:22, 34:24, 38:19, discharged [2] - 86:21, 115:19 Councillor [2] - 70:18 13:22, 34:17, 44:18, 66:12, 39:13, 68:23 disclose [2] - 66:6, 83:16 councillors [1] - 87:10 67:5, 67:6, 67:9, 67:15, Crown [18] - 6:25, 6:26, 18:16, disclosed [1] - 90:21 councils [1] - 99:4 70:17, 73:15, 73:16, 73:23, 35:22, 59:25, 60:1, 60:8, disclosure [1] - 91:6 counsel [7] - 33:20, 53:2, 60:16, 85:24, 92:2, 97:1, 118:21, 119:5, 119:26, 120:4 discontinued [1] - 60:22 53:11, 54:25, 56:4, 63:2, 109:20, 109:21, 109:25, dents [1] - 28:28 discovered [1] - 117:28 85:23 118:9, 118:22, 119:5 department [5] - 16:15, 69:3, discoveries [1] - 48:15 COUNSEL [4] - 2:2, 2:4, 2:6, CROWN [1] - 2:6 70:21, 70:23, 71:12 Discovery [1] - 5:12 2:8 Crown's [1] - 91:6 Department [6] - 17:27, 64:14, discovery [1] - 117:10 counsel's [1] - 42:17 CSR(A [3] - 122:4, 122:17, 94:14, 94:17, 106:9, 109:14 discuss [3] - 58:18, 64:20, country [1] - 15:20 122:25 depended [1] - 118:5 65:23 couple [2] - 48:17, 111:15 culture [2] - 17:17, 19:14 deponent [1] - 42:14 discussed [2] - 64:13, 95:17 course [5] - 5:11, 41:21, 42:8, current [3] - 105:11, 109:23, descendancy [7] - 64:21, discussing [3] - 65:25, 96:8, 55:18, 55:23 109:24 64:22, 64:27, 66:2, 68:4, 118:25 5 discussion [6] - 15:25, 96:5, drove [1] - 30:8 end [13] - 11:12, 29:11, 30:13, exciting [1] - 58:1 96:10, 118:27, 119:23, due [2] - 36:10, 62:4 31:12, 53:7, 55:21, 56:1, exclude [1] - 93:21 119:24 during [7] - 42:17, 42:20, 98:17, 98:18, 103:5, 107:10, excluded [7] - 59:17, 62:23, discussions [2] - 91:25, 120:2 48:14, 55:22, 90:3, 97:28, 116:23 63:3, 87:12, 87:15, 95:2 dispose [1] - 18:21 115:4 endorsement [2] - 69:23, 98:5 EXCLUDED [1] - 63:5 dispute [4] - 93:27, 94:27, duties [1] - 77:21 English [1] - 21:13 excluding [1] - 63:1 95:18, 97:13 duty [6] - 98:2, 109:6, 115:5, ensure [6] - 76:6, 77:25, 77:26, excuse [2] - 9:19, 47:2 distance [4] - 11:12, 11:17, 115:6, 115:10, 115:19 105:17, 105:22, 106:21 EXCUSED [1] - 19:3 38:20, 104:27 duty-to-consult [1] - 109:6 entered [3] - 27:23, 57:10, excused [1] - 87:24 document [68] - 55:18, 56:5, 104:23 executed [1] - 75:13 57:9, 58:10, 58:14, 62:10, E entire [1] - 97:18 exhibit [5] - 55:19, 57:2, 57:13, 63:27, 64:3, 64:4, 64:7, entitled [11] - 77:6, 77:15, 83:2, 57:22, 100:11 eagle [6] - 3:5, 3:12, 5:19, 5:25, 64:12, 64:17, 66:5, 66:10, 83:23, 84:7, 85:27, 86:25, Exhibit [9] - 56:9, 56:11, 56:14, 62:20, 89:17 67:18, 67:20, 69:15, 70:9, 102:19, 102:25, 110:1, 56:18, 56:20, 56:28, 61:16, early [5] - 61:4, 61:6, 74:24, 70:12, 70:20, 70:26, 71:3, 114:14 61:20, 88:24 101:8, 118:2 71:4, 71:5, 72:18, 72:20, Entitlement [20] - 63:26, 75:11, EXHIBIT [4] - 56:23, 56:25, earned [3] - 114:17, 114:26, 72:23, 73:6, 73:7, 73:13, 75:16, 75:18, 76:2, 76:15, 61:18, 61:24 115:18 73:20, 73:21, 82:19, 82:20, 77:3, 78:12, 91:25, 92:17, EXHIBITS [1] - 4:1 Earth [1] - 8:10 82:24, 91:11, 92:4, 93:20, 92:27, 94:15, 95:7, 96:22, existed [1] - 32:13 earth [2] - 28:18, 29:1 94:13, 95:4, 95:13, 96:3, 97:3, 97:26, 102:8, 104:23, expect [1] - 60:6 easiest [1] - 60:7 96:7, 99:5, 99:7, 99:19, 113:16, 113:26 expectation [2] - 59:7, 85:23 east [12] - 21:23, 29:5, 29:11, 100:2, 100:7, 100:20, 103:10, equity [5] - 76:23, 76:24, 76:28, expert [1] - 53:24 103:11, 103:13, 103:16, 31:12, 31:14, 36:5, 36:21, 77:1, 77:7 explain [2] - 6:15, 78:19 103:20, 103:21, 104:4, 104:6, 78:4, 78:6, 78:7, 79:26, 80:23 especially [1] - 107:3 explained [1] - 91:26 104:7, 105:6, 106:11, 106:25, easy [3] - 55:27, 56:1, 58:20 establish [7] - 64:10, 65:9, explanation [1] - 92:11 107:21, 109:27, 110:1, 110:3 edge [1] - 29:4 65:27, 71:11, 72:12, 74:20, expressed [1] - 110:28 documents [70] - 4:6, 42:3, educate [1] - 66:3 95:1 extent [1] - 62:28 42:8, 42:12, 52:25, 52:27, effect [2] - 91:8, 94:19 established [5] - 50:23, 64:9, external [2] - 68:19, 68:25 53:3, 53:6, 53:10, 53:14, efforts [3] - 53:21, 74:8, 96:21 66:15, 66:19, 72:12 extinct [2] - 54:26, 54:27 53:20, 53:23, 53:27, 54:3, Eileen [1] - 66:22 establishing [2] - 66:16, 67:24 54:4, 54:8, 55:6, 55:7, 55:9, either [8] - 29:11, 42:2, 46:1, evening [1] - 88:5 F 55:14, 55:20, 55:22, 55:26, 84:19, 84:25, 98:9, 98:19, events [4] - 27:16, 63:11, 57:4, 57:6, 57:12, 58:5, 99:2 64:17, 100:22 face [1] - 93:20 59:25, 60:2, 60:26, 61:16, Elder [4] - 11:24, 34:10, 38:13, eventually [1] - 96:26 facie [2] - 96:13, 97:12 61:18, 61:20, 61:21, 61:22, 38:19 evidence [15] - 5:6, 18:15, 21:7, fact [2] - 91:9, 94:23 62:3, 62:5, 63:15, 66:7, Elders [15] - 26:22, 37:4, 37:12, 34:2, 35:17, 52:17, 52:19, facts [3] - 101:13, 118:4, 118:5 67:19, 69:1, 69:15, 70:10, 39:2, 39:4, 42:24, 63:10, 87:14, 87:18, 89:16, 91:13, fail [1] - 111:1 72:18, 82:19, 86:10, 86:20, 64:20, 68:13, 68:15, 68:19, 94:18, 97:15 failed [1] - 93:14 88:17, 88:25, 88:26, 89:7, 73:27, 82:27, 83:9, 115:24 exact [1] - 9:13 failure [1] - 119:13 90:20, 90:28, 91:4, 91:9, Elders' [2] - 42:21, 64:26 exactly [3] - 55:15, 61:5, 65:24 fair [9] - 57:20, 71:15, 86:18, 91:19, 91:24, 92:9, 92:20, elected [7] - 74:19, 89:26, 98:7, examination [14] - 5:6, 5:8, 86:19, 89:10, 92:13, 105:22, 92:25, 93:1, 93:21, 93:23, 105:12, 106:5, 106:15, 5:13, 35:26, 55:10, 58:15, 120:11, 120:13 96:14, 99:7, 100:10, 105:6, 114:12 59:10, 59:11, 59:24, 59:28, fairest [1] - 107:6 106:6, 106:7 election [1] - 20:12 60:8, 85:17, 85:18, 87:21 fairly [1] - 86:21 dollars [1] - 118:1 electronic [14] - 53:17, 54:5, Examination [13] - 3:6, 3:8, 3:9, familiar [7] - 41:15, 51:21, 52:1, done [10] - 27:27, 34:8, 39:8, 54:9, 54:15, 56:5, 56:7, 3:11, 3:15, 3:17, 5:12, 36:1, 104:22, 119:8, 119:15, 41:4, 48:18, 51:22, 64:12, 56:15, 56:20, 57:3, 57:6, 37:26, 39:20, 51:14, 111:10, 119:16 75:1, 82:15, 84:10 57:8, 57:12, 57:17, 57:19 114:6 familiarity [1] - 104:25 double [2] - 91:5, 91:22 electronically [1] - 57:18 examination-in-chief [4] - 5:6, families [1] - 64:25 double-check [2] - 91:5, 91:22 electronics [1] - 55:1 5:8, 5:13, 59:10 family [7] - 9:9, 20:25, 44:13, doubt [2] - 9:4, 57:23 eligible [3] - 82:12, 84:15, 85:6 examinations [1] - 48:14 47:5, 47:7, 90:12 DOWN [4] - 52:15, 88:3, 88:12, Elvis [1] - 34:18 examine [3] - 51:12, 59:5, Family [1] - 1:16 120:21 embarked [1] - 99:28 85:24 far [12] - 11:9, 11:11, 26:27, down [8] - 29:8, 36:8, 40:27, employment [2] - 104:20, Examined [6] - 3:5, 3:13, 3:14, 38:13, 39:1, 65:20, 72:15, 61:1, 80:6, 82:26, 101:6, 113:17 5:20, 62:21, 89:12 92:12, 92:17, 95:28, 119:1, 120:25 empowerment [1] - 115:20 exception [1] - 87:17 120:22 drawn [1] - 53:6 encores [1] - 87:27 exchanged [2] - 90:28, 91:10 Farkas [1] - 66:22 drive [3] - 20:27, 21:8, 32:1 encouraged [1] - 107:8 excited [1] - 60:10 farm [17] - 16:1, 16:7, 16:11, 6 16:12, 16:13, 16:16, 16:18, folks' [1] - 15:18 G great [7] - 12:11, 12:20, 34:27, 16:20, 16:21, 17:2, 19:22, follow [2] - 67:27, 68:11 45:23, 46:18, 49:12, 50:1 19:25, 23:20, 25:4, 36:17, follow-up [1] - 68:11 gaining [1] - 53:21 great-grandfather [1] - 46:18 116:20 followed [7] - 12:12, 12:21, gather [1] - 13:27 greater [3] - 115:11, 115:20, fashion [5] - 54:7, 55:4, 62:11, 12:24, 64:16, 74:25, 108:21, gathered [1] - 24:6 120:16 110:6, 115:5 119:7 gathering [1] - 66:28 Grenfell [1] - 24:20 father [8] - 47:13, 47:18, 90:9, footnotes [1] - 53:24 Gatrell [1] - 66:23 ground [2] - 10:21, 11:3 90:10, 90:12, 90:13, 90:14 FOR [4] - 2:2, 2:4, 2:6, 2:8 general [1] - 119:23 group [10] - 66:14, 66:28, father's [1] - 46:25 forbearance [1] - 58:3 General [2] - 67:22, 69:18 67:26, 67:27, 69:20, 70:22, favourable [1] - 67:15 forced [3] - 85:7, 85:9, 110:12 generally [2] - 38:4, 38:6 71:10, 74:28, 84:15, 106:21 fear [1] - 62:4 foregoing [1] - 122:5 generation [1] - 54:21 grouping [1] - 53:20 feather [6] - 3:5, 3:13, 5:19, forest [1] - 32:23 gentleman [1] - 32:20 GUEBERT [12] - 39:21, 39:28, 5:25, 62:21, 89:17 forests [1] - 21:24 gentlemen [1] - 32:1 40:6, 40:11, 40:15, 40:22, fed [1] - 92:20 forever [1] - 20:28 George [21] - 6:7, 10:13, 13:15, 40:23, 47:23, 48:5, 48:12, FEDERAL [1] - 1:2 forgot [2] - 7:18, 26:17 13:21, 13:22, 24:2, 24:23, 51:5, 60:24 federal [4] - 102:9, 102:24, form [4] - 39:6, 54:5, 54:9, 34:17, 44:18, 45:22, 49:13, Guebert [4] - 2:7, 3:9, 39:20, 103:4, 103:6 56:15 50:1, 50:21, 66:12, 67:5, 40:24 Federation [2] - 69:4, 72:10 formal [2] - 63:19, 63:22 67:6, 67:14, 118:21, 118:27, guess [27] - 11:20, 23:11, feed [2] - 7:10, 20:25 formally [1] - 79:2 119:2, 119:5 27:10, 47:3, 49:10, 56:11, [1] fellow [1] - 89:26 formation [1] - 53:21 GEORGE - 1:5 56:13, 59:27, 87:21, 98:16, [1] felt [2] - 68:5, 107:13 former [1] - 120:6 germane - 111:2 98:17, 101:3, 101:13, 102:15, [9] few [5] - 7:19, 12:14, 21:22, forms [1] - 97:7 given - 7:4, 19:15, 40:18, 104:26, 105:24, 106:20, 85:16, 86:14, 98:6, 99:3, 36:3, 48:8 Formula [1] - 93:3 107:13, 108:14, 108:25, 109:10, 117:16 fifth [1] - 100:21 formula [1] - 103:4 110:13, 110:16, 110:18, gladly [1] - 27:3 113:13, 113:17, 114:25, figure [4] - 8:28, 9:4, 80:12, formulas [1] - 92:28 goals [1] - 74:20 120:22 101:5 Fort [2] - 16:23, 73:24 goodwill [1] - 108:15 guys [1] - 27:3 file [3] - 53:10, 54:8, 57:11 forth [1] - 109:3 gosh [1] - 109:13 File [2] - 1:1, 1:14 forward [7] - 66:25, 69:8, 92:5, filed [2] - 41:15, 51:17 92:10, 96:28, 115:14, 115:28 governance [7] - 17:13, 18:2, H fine [3] - 9:3, 40:20, 93:9 18:3, 18:5, 18:23, 115:21, forwarding [1] - 71:8 half [1] - 40:6 finished [1] - 114:15 116:15 foundation [1] - 91:16 HALVORSEN [2] - 122:4, fire [2] - 58:25, 58:26 Government [11] - 40:25, 58:5, four [10] - 10:20, 20:26, 28:18, 122:17 FIRST [1] - 1:22 58:8, 61:21, 64:10, 69:10, 28:28, 31:5, 34:13, 34:19, Halvorsen [1] - 2:14 first [28] - 9:11, 12:12, 12:14, 91:19, 95:25, 95:27, 108:16, 46:4, 66:24, 113:25 hand [2] - 108:12, 120:3 14:14, 25:26, 30:23, 31:7, 110:2 framework [6] - 91:28, 92:18, handed [1] - 53:13 government [35] - 14:13, 18:4, 34:1, 36:3, 38:9, 38:10, 44:1, 92:21, 92:22, 93:16, 113:11 19:11, 20:9, 21:3, 22:14, handle [2] - 106:22, 107:5 44:19, 44:28, 62:12, 62:15, FREDA [1] - 1:5 22:15, 22:17, 23:24, 26:5, handwriting [2] - 73:13, 73:14 63:13, 63:18, 63:21, 83:14, free [1] - 40:2 27:2, 69:12, 70:28, 71:21, happy [3] - 17:4, 17:6, 110:27 83:15, 94:13, 99:5, 106:7, freed [1] - 117:3 72:13, 94:27, 98:15, 102:3, hard [7] - 20:13, 44:15, 44:16, 116:7, 118:17, 120:25 FREIDA [1] - 1:5 102:10, 102:11, 102:17, 54:11, 54:13, 56:17, 114:16 First [37] - 1:27, 35:2, 43:3, frequently [1] - 109:15 103:4, 103:6, 104:1, 104:2, harm [1] - 8:3 43:6, 46:10, 63:14, 63:20, friend [8] - 12:28, 34:25, 44:9, 106:4, 108:12, 108:17, head [2] - 73:3, 106:21 63:22, 67:25, 68:26, 72:6, 51:15, 91:28, 96:20, 113:2, 108:24, 109:24, 110:15, Headman [1] - 72:27 72:7, 75:11, 77:3, 77:6, 113:9 110:19, 110:20, 119:24 Headmen [1] - 73:4 77:15, 81:24, 82:7, 83:23, friends [3] - 12:17, 35:8, 85:26 90:1, 90:6, 90:8, 97:6, 102:9, government's [1] - 117:12 Heads [1] - 1:16 front [2] - 99:9, 99:18 102:11, 102:14, 102:18, governments [1] - 102:24 health [1] - 7:10 FSIN [1] - 94:14 103:1, 104:18, 104:21, grabbed [1] - 11:27 hear [12] - 9:16, 12:5, 13:8, fulfill [1] - 6:20 104:24, 115:2, 116:16, 117:2, grandfather [13] - 24:7, 24:8, 18:14, 20:8, 23:14, 27:21, fulfilled [1] - 109:21 117:13, 117:19, 117:20 24:25, 24:26, 26:13, 46:10, 28:20, 28:22, 28:26, 108:4, full [4] - 111:17, 111:18, 112:4, 119:22 fit [1] - 84:19 46:17, 46:18, 46:20, 46:23, 112:6 heard [15] - 11:24, 15:4, 19:27, five [9] - 33:21, 33:24, 34:13, 50:27, 90:10, 90:15 function [2] - 62:13, 77:23 34:19, 43:12, 46:5, 86:8, grandfather's [1] - 25:10 20:7, 20:24, 21:7, 23:16, funding [1] - 117:20 86:28, 87:2 grandmother [4] - 25:23, 25:24, 49:18, 61:8, 108:22, 108:23, furtherance [2] - 91:1, 93:12 118:11, 118:14, 118:15, FLAMONT [1] - 1:5 46:25, 47:3 furthering [1] - 71:16 118:18 flooded [4] - 32:19, 32:25, granted [1] - 85:17 fussed [1] - 54:17 36:10, 36:13 grave [1] - 15:9 hearing [2] - 9:17, 107:28 future [1] - 55:10 held [2] - 68:23, 95:22 flowing [1] - 118:2 graze [2] - 30:8, 31:24 7 Held [1] - 1:27 importance [2] - 7:25, 98:6 instructor [13] - 16:2, 16:7, JANET [1] - 1:5 help [6] - 44:11, 60:4, 67:9, important [3] - 11:5, 105:14, 16:11, 16:13, 16:19, 16:20, Jenilee [1] - 40:23 67:17, 68:16, 96:14 105:15 16:21, 17:2, 17:3, 19:26, job [1] - 13:18 HENRY [1] - 1:5 imposed [1] - 20:9 23:20, 36:18, 116:20 Joe [4] - 34:22, 34:24, 38:19, Henry [1] - 34:18 IN [2] - 1:10, 1:21 instructor" [1] - 16:12 39:13 HER [2] - 1:10, 1:21 inadvertently [1] - 51:16 instructors [3] - 16:16, 19:22, John [3] - 100:12, 100:17, hereby [1] - 122:5 inappropriate [2] - 51:26, 51:27 25:4 112:13 herein [1] - 122:7 inaudible [1] - 90:27 intend [1] - 88:18 join [1] - 14:6 hesitate [1] - 40:28 included [2] - 53:24, 103:1 intent [1] - 88:28 joint [13] - 27:22, 36:27, 52:28, hesitating [1] - 60:5 including [3] - 12:28, 35:22, intention [2] - 54:1, 64:6 53:1, 53:25, 55:14, 55:17, hid [1] - 6:19 109:23 interest [1] - 101:8 56:9, 64:4, 67:19, 69:15, Highway [2] - 78:8, 80:19 increase [1] - 116:16 interfere [1] - 18:4 70:9, 71:4 highway [3] - 29:14, 78:9, increased [1] - 116:15 interim [3] - 66:15, 88:27, JONES [18] - 58:2, 58:9, 58:24, 80:10 INDIAN [5] - 1:6, 1:10, 1:11, 106:20 59:2, 90:26, 91:21, 92:15, hired [2] - 23:23, 24:3 1:17, 1:21 internally [1] - 68:18 93:11, 93:22, 94:7, 94:12, hiring [1] - 26:14 Indian [41] - 1:17, 6:18, 6:21, interpret [1] - 74:1 95:3, 95:12, 95:16, 96:2, historical [2] - 81:7, 95:9 8:2, 8:4, 11:1, 11:25, 14:8, interpretation [1] - 97:8 96:15, 110:23, 120:27 history [15] - 8:14, 12:19, 15:7, 15:19, 15:25, 17:15, interrupt [2] - 40:3, 80:11 Jones [2] - 2:6, 41:8 19:19, 23:14, 23:19, 27:27, 17:25, 17:26, 17:27, 19:22, interrupting [1] - 80:28 JOYCE [2] - 3:12, 62:20 35:17, 46:12, 52:19, 68:17, 19:25, 20:9, 20:24, 20:26, interruption [2] - 18:3, 18:23 judge [3] - 78:5, 109:3, 109:4 81:8, 91:26, 102:17, 107:25, 21:8, 25:3, 25:14, 25:18, interviews [3] - 26:28, 27:19, July [1] - 107:23 116:22 30:14, 30:15, 30:24, 36:9, 27:21 June [2] - 99:16, 103:10 hm [4] - 70:11, 73:11, 74:12, 47:2, 64:14, 78:27, 94:14, introduce [2] - 53:27, 54:1 JUSTICE [113] - 5:3, 5:16, 5:21, 100:14 94:21, 100:18, 103:24, introduced [1] - 55:11 9:3, 9:19, 18:28, 19:6, 28:10, hold [3] - 59:23, 59:28, 87:21 112:17, 116:20, 116:23, introduction [1] - 117:9 29:25, 30:28, 31:4, 31:14, holes [1] - 28:18 116:26, 117:3, 117:7 invite [1] - 109:18 31:17, 31:19, 32:6, 33:4, home [7] - 13:12, 13:13, 14:26, Indians [3] - 69:5, 72:11, 90:13 involved [15] - 17:12, 17:13, 33:21, 35:27, 37:24, 40:4, 17:7, 20:27, 23:6 indicate [5] - 63:18, 78:7, 94:2, 27:16, 63:12, 63:20, 66:26, 40:9, 40:13, 40:20, 47:26, homes [1] - 15:18 95:20, 97:27 74:17, 74:18, 81:20, 82:15, 48:4, 48:10, 51:9, 52:2, 52:8, Honour [8] - 18:26, 39:22, indicated [6] - 49:2, 50:17, 90:3, 95:27, 98:24, 102:9, 52:12, 52:18, 52:28, 53:4, 39:28, 52:23, 60:24, 90:27, 51:18, 89:19, 90:5, 113:10 105:23 53:15, 54:10, 54:14, 54:17, 109:9, 111:5 indication [1] - 109:9 involvement [3] - 42:8, 76:1, 54:23, 54:26, 54:28, 55:5, honour [5] - 109:21, 109:25, indicative [1] - 95:17 97:28 55:13, 55:16, 55:28, 56:8, 110:21, 114:18, 115:18 Indigenous [11] - 15:15, involving [1] - 75:11 56:27, 57:15, 57:20, 57:25, Honourable [3] - 1:27, 100:17, 105:16, 105:18, 105:21, ISAAC [1] - 1:5 57:28, 58:7, 58:22, 58:28, 103:25 105:23, 105:27, 107:2, 107:4, issue [18] - 53:7, 53:28, 57:17, 59:3, 59:14, 59:21, 60:12, 60:28, 61:5, 61:14, 61:19, hope [1] - 107:27 107:12, 107:24, 110:2 65:23, 65:24, 86:24, 86:25, 61:25, 62:7, 62:14, 62:25, hoping [3] - 40:6, 44:11, 107:22 individual [1] - 113:20 98:13, 101:23, 105:10, 63:6, 80:5, 80:8, 80:11, horses [1] - 21:9 individuals [8] - 73:2, 82:12, 107:14, 107:19, 112:22, 80:18, 80:21, 80:28, 85:19, hotel [1] - 58:11 83:2, 83:16, 83:22, 84:14, 115:26, 116:5, 116:9, 116:13, 85:26, 86:4, 86:7, 86:28, hour [4] - 40:7, 59:9, 120:28 101:14, 101:22 119:3 87:5, 87:13, 87:20, 87:23, hours' [1] - 120:23 inform [1] - 71:9 issued [1] - 74:11 87:26, 88:8, 88:19, 88:23, house [2] - 25:10, 50:27 information [16] - 8:14, 12:8, issues [6] - 52:24, 102:5, 89:1, 89:10, 90:25, 91:18, housekeeping [1] - 61:15 18:22, 24:6, 34:9, 49:14, 105:23, 105:26, 108:17, 91:23, 92:6, 93:9, 93:18, humans [1] - 14:15 49:17, 50:15, 58:19, 70:6, 110:11 93:26, 94:8, 94:22, 95:11, hundred [1] - 32:24 97:11, 98:8, 100:11, 103:8, itself [4] - 37:16, 76:3, 92:19, 118:5, 120:17 95:15, 95:19, 96:11, 96:18, hunger [1] - 20:4 92:22 informed [1] - 89:2 97:10, 106:10, 108:28, husband [1] - 47:4 Ivan [21] - 6:7, 8:13, 8:19, 9:22, 109:12, 109:16, 109:23, initial [2] - 74:17, 106:1 9:23, 9:27, 10:11, 11:16, 110:26, 111:7, 111:28, 113:5, initials [3] - 22:4, 22:6, 22:7 11:22, 34:3, 34:4, 34:10, I 120:22, 121:1 initiative [2] - 91:16, 93:13 45:7, 49:12, 49:16, 49:26, Justice [17] - 1:27, 5:4, 6:15, idem [2] - 85:28 insofar [1] - 109:24 50:4, 50:6, 50:11, 65:4, 90:9 8:25, 16:13, 18:26, 32:5, identified [2] - 57:22, 86:24 instead [1] - 29:23 33:10, 33:12, 33:27, 35:25, identify [4] - 72:19, 82:11, institutions [1] - 21:2 J 52:6, 85:13, 87:6, 94:17, 102:18, 103:20 instructed [3] - 62:9, 98:20, Jack [6] - 17:11, 46:18, 46:22, 106:9, 109:14 identifying [1] - 6:12 105:20 47:13, 47:17, 48:24 justice [1] - 107:4 imagine [4] - 20:5, 33:3, 49:10, instruction [2] - 86:16, 87:10 jail [1] - 19:28 50:3 instructions [2] - 61:27, 110:24 8 K Land [19] - 63:26, 75:10, 75:16, legend [1] - 83:14 108:26, 109:19, 110:14, 75:18, 76:2, 76:15, 77:3, length [1] - 65:14 110:18, 111:22 Kahkewistahaw [12] - 38:9, 78:12, 91:25, 92:17, 92:27, lengthy [1] - 59:12 looked [7] - 13:4, 13:6, 15:20, 38:12, 38:14, 38:17, 38:18, 95:6, 96:21, 97:2, 97:26, less [2] - 59:9, 120:27 70:20, 70:26, 112:10, 114:19 38:23, 39:1, 39:6, 39:10, 102:8, 104:23, 113:15, letter [47] - 24:3, 63:24, 66:11, looking [12] - 15:15, 29:25, 39:12, 81:19, 82:7 113:26 67:4, 67:8, 67:21, 67:24, 29:28, 60:22, 94:12, 95:4, Kakisiwew [52] - 10:2, 10:3, land [28] - 6:13, 11:3, 11:5, 68:1, 69:17, 69:19, 69:20, 96:2, 100:21, 102:17, 111:23, 10:17, 10:18, 11:9, 12:11, 15:1, 17:7, 23:13, 23:15, 71:3, 71:8, 71:16, 72:21, 111:25, 112:16 12:16, 12:20, 12:27, 13:5, 27:4, 32:26, 37:4, 37:6, 37:8, 73:6, 73:15, 73:22, 73:28, Lordship [1] - 32:16 13:6, 13:9, 13:14, 14:3, 14:5, 39:4, 71:12, 76:12, 78:16, 74:2, 95:17, 99:7, 99:12, lose [1] - 62:10 14:21, 17:9, 17:14, 17:21, 78:17, 78:23, 78:27, 79:3, 99:23, 100:6, 100:17, 103:9, loss [1] - 119:27 18:6, 21:5, 22:7, 23:13, 28:2, 81:11, 81:12, 93:6, 102:16, 103:22, 104:5, 104:12, lost [2] - 72:3, 102:16 28:16, 35:4, 36:19, 37:8, 102:19, 102:25, 102:26, 105:12, 105:13, 105:14, loud [1] - 61:8 38:5, 47:13, 47:18, 66:4, 113:11 105:28, 106:1, 107:25, 108:3, Louie [2] - 70:18, 99:1 71:13, 72:3, 73:25, 74:3, lands [35] - 6:4, 6:12, 8:5, 8:12, 108:6, 108:7, 108:9, 108:11, lower [1] - 77:18 76:19, 76:21, 81:11, 81:13, 8:15, 8:17, 8:22, 11:9, 11:10, 108:23, 111:16, 111:23, lunch [2] - 61:4, 61:6 81:19, 81:21, 83:10, 84:16, 11:23, 77:25, 77:26, 78:11, 112:13, 116:4 lying [1] - 81:3 84:27, 102:1, 102:5, 112:19, 78:15, 78:18, 78:24, 79:1, letters [5] - 70:23, 71:24, 96:22, Lynda [1] - 66:22 112:25, 113:28, 115:14, 79:5, 79:15, 79:19, 79:25, 96:28, 118:23 116:4 80:3, 80:13, 80:15, 80:16, level [1] - 98:11 KAKISIWEW [1] - 1:6 M 80:23, 81:3, 81:4, 81:8, licence [2] - 24:5, 26:10 Kana [1] - 39:11 81:10, 81:20, 82:1 lie [1] - 80:23 m-hm [4] - 70:11, 73:11, 74:12, Kanawashqahum [1] - 65:5 large [1] - 53:19 life [2] - 7:9, 26:25 100:14 keep [2] - 7:13, 70:27 Larry [2] - 34:18, 98:27 lifetime [2] - 20:11, 20:16 ma'am [1] - 87:23 keeping [1] - 9:1 last [11] - 5:28, 32:28, 47:4, light [1] - 21:21 magic [1] - 9:4 KELLY [1] - 1:5 52:6, 56:13, 59:11, 86:22, likely [1] - 96:24 magnitude [1] - 98:4 Kenny [2] - 70:19, 99:1 104:4, 109:8, 109:27, 110:3 limitations [1] - 60:14 main [1] - 76:7 KENNY [1] - 1:6 late [10] - 10:13, 13:15, 14:10, limited [2] - 115:5, 117:17 maintained [1] - 14:23 kept [3] - 7:23, 7:28, 8:2 27:5, 34:17, 46:7, 117:10, line [3] - 61:23, 83:10, 95:1 MAJESTY [2] - 1:10, 1:21 key [2] - 54:21, 55:7 118:2, 118:21, 118:26 list [16] - 64:27, 65:9, 82:25, man [3] - 20:25, 47:16, 120:3 kick [2] - 14:27, 26:19 latest [1] - 14:23 82:26, 83:5, 83:7, 83:8, 84:4, management [1] - 62:26 kicked [1] - 61:1 latter [1] - 94:11 84:6, 84:19, 84:22, 85:2, manager [1] - 78:16 kind [6] - 37:16, 51:7, 67:11, law [5] - 5:10, 24:5, 91:14, 85:9, 90:13, 90:17 mandate [1] - 105:13 67:13, 75:19, 89:5 111:4 listed [2] - 91:20, 99:6 MANHAS [1] - 1:5 kindly [1] - 31:1 laws [1] - 14:13 lists [3] - 27:2, 27:7, 82:16 Manitoba [1] - 46:13 knowing [2] - 43:1, 118:4 lawyer [6] - 23:23, 24:16, 25:14, litigation [7] - 41:18, 42:4, 42:9, manner [2] - 48:25, 55:22 knowledge [18] - 6:3, 6:5, 27:8, 40:25 52:4, 107:19, 119:12, 119:13 Map [2] - 4:4, 56:25 14:19, 34:28, 64:26, 73:14, lawyer's [1] - 48:10 litigative [1] - 52:7 map [26] - 5:11, 5:27, 5:28, 73:21, 102:11, 102:13, lay [6] - 27:15, 52:22, 52:24, live [5] - 8:9, 13:7, 36:28, 43:18 8:23, 8:26, 9:1, 21:25, 28:5, 104:28, 105:4, 114:1, 116:18, 59:8, 62:23, 87:11 lived [2] - 6:23, 20:24 28:9, 28:11, 30:19, 30:27, 118:3, 118:19, 119:1, 120:15, lead [1] - 96:23 lives [2] - 116:28, 117:18 32:12, 33:11, 34:2, 38:8, 122:7 leader [2] - 12:12, 12:28 living [4] - 6:25, 7:8, 20:23, 39:10, 56:12, 56:14, 56:17, knowledgeable [1] - 119:11 leaders [3] - 113:13, 114:19, 49:27 56:19, 57:19, 57:24, 78:1, known [1] - 112:24 115:24 loading [1] - 62:3 78:26 knows [1] - 47:27 [1] leadership [4] - 18:7, 98:8, loads [3] - 32:20, 32:22, 32:24 maps - 80:25 Kreklewich [1] - 2:5 [2] 119:25, 120:18 locate [1] - 66:6 Margaret - 65:5, 70:18 [8] leading [2] - 91:27, 92:13 located [4] - 8:23, 34:3, 78:3, mark - 12:13, 12:14, 33:7, L learn [1] - 12:19 81:9 38:10, 38:20, 57:13, 61:15, learned [6] - 12:20, 36:28, 89:4 lady [2] - 14:27, 26:19 location [4] - 37:7, 38:4, 38:6, 49:16, 50:2, 50:5, 50:12 marked [5] - 4:4, 30:15, 56:25, lake [5] - 21:12, 32:9, 32:10, 39:3 leasehold [1] - 16:28 95:14, 99:13 36:9, 81:16 locations [2] - 6:4, 36:20 least [3] - 56:1, 77:24, 88:27 marker [21] - 9:11, 9:18, 9:22, Lake [25] - 10:4, 10:14, 21:2, logistics [1] - 59:22 leave [5] - 9:5, 33:15, 63:1, 9:24, 11:7, 11:13, 11:14, 21:3, 21:4, 21:5, 21:10, longevity [1] - 120:8 85:25, 86:15 28:27, 29:10, 29:12, 29:17, 21:19, 21:22, 21:27, 22:3, look [24] - 13:14, 13:16, 13:18, leeway [2] - 85:18, 85:21 30:2, 30:14, 31:8, 31:9, 22:5, 22:16, 23:13, 29:5, 13:24, 13:26, 15:9, 31:6, left [4] - 26:24, 37:18, 43:26, 31:12, 31:20, 31:26, 32:7, 30:7, 32:12, 32:13, 32:17, 37:1, 61:28, 69:14, 70:8, 104:20 32:8 36:4, 36:7, 36:13, 39:15, 71:2, 92:9, 92:22, 93:22, legal [1] - 95:10 markers [5] - 8:22, 10:21, 81:11 94:5, 96:12, 103:9, 106:13, 9 10:24, 10:27, 11:2 microphone [3] - 22:13, 28:7, moved [6] - 16:23, 26:24, 113:12, 115:2, 116:16, 117:2, marking [1] - 85:1 92:16 36:26, 37:16, 63:12, 72:24 117:20 markings [3] - 5:28, 31:1, 83:11 mid [5] - 94:13, 104:10, 115:23, moving [2] - 69:8, 92:5 Nations [10] - 68:26, 97:6, Marlowe [1] - 65:5 116:23, 118:25 MR [101] - 5:4, 5:24, 8:25, 9:7, 102:9, 102:11, 102:15, married [4] - 46:15, 46:23, 47:3, midst [1] - 5:5 9:14, 9:25, 18:25, 19:5, 19:7, 102:18, 103:1, 107:11, 47:7 might [9] - 9:15, 28:12, 30:3, 19:8, 21:28, 22:2, 28:12, 117:13, 117:19 marry [1] - 14:14 33:14, 35:7, 36:4, 43:17, 28:14, 28:23, 29:27, 31:2, nature [4] - 8:26, 40:18, 73:27, material [3] - 53:25, 53:26, 54:7 50:12, 120:26 31:6, 31:18, 31:22, 32:11, 85:17 matter [13] - 5:2, 28:21, 33:23, mile [2] - 11:18, 11:20 33:6, 33:7, 33:17, 33:26, necessarily [1] - 94:6 47:28, 48:3, 60:25, 61:16, miles [1] - 11:18 34:1, 35:25, 36:2, 37:22, necessary [1] - 26:28 76:14, 87:1, 87:4, 106:25, mind [6] - 26:23, 27:24, 44:12, 37:27, 39:17, 51:11, 51:15, need [10] - 19:8, 33:13, 33:19, 109:11, 121:4 44:14, 60:15 51:24, 52:5, 52:10, 52:16, 33:20, 40:27, 58:13, 59:25, matters [12] - 6:11, 8:5, 18:5, mine [2] - 21:21, 34:26 52:23, 53:1, 53:5, 53:16, 60:25, 62:11, 89:9 26:16, 27:18, 57:9, 105:10, Minister [15] - 100:13, 100:18, 54:12, 54:16, 54:20, 54:24, needed [3] - 18:21, 67:17, 70:6 107:18, 119:13, 119:19, 103:24, 105:7, 105:12, 54:27, 55:3, 55:9, 55:15, needs [3] - 8:11, 18:26, 62:28 120:4 105:20, 105:21, 105:25, 55:26, 56:4, 56:21, 57:1, Neff [7] - 24:3, 24:18, 25:1, MAVIS [1] - 1:5 106:2, 106:28, 107:24, 57:16, 57:21, 57:27, 59:7, 26:5, 26:8, 26:15, 50:18 McCullough [4] - 2:10, 56:18, 107:28, 108:13, 110:9, 59:16, 60:5, 60:18, 60:19, negotiate [2] - 108:18, 109:5 61:26, 89:2 112:13 61:3, 62:2, 62:8, 62:17, negotiated [1] - 92:1 McKay [1] - 9:12 MINISTER [2] - 1:10, 1:21 62:22, 63:9, 80:22, 81:1, negotiation [4] - 75:13, 94:20, mean [11] - 7:22, 13:23, 14:3, minister [6] - 103:26, 106:28, 81:2, 85:13, 85:22, 86:3, 96:5, 107:15 16:4, 18:16, 18:19, 56:27, 107:3, 107:4, 107:24 86:5, 86:9, 87:6, 87:16, negotiations [4] - 76:2, 92:24, 81:25, 104:28, 109:18, minister's [1] - 108:24 87:22, 88:4, 88:13, 88:21, 95:27, 104:13 119:22 ministers [5] - 105:13, 105:20, 88:25, 89:8, 89:14, 91:24, negotiator [1] - 27:8 meaning [1] - 110:10 106:2, 107:1, 108:3 92:7, 96:19, 97:24, 106:12, Nestor [4] - 42:1, 51:16, 51:21, 106:13, 109:8, 109:14, means [4] - 7:6, 7:8, 8:8, minor [1] - 57:9 52:3 109:17, 109:26, 109:27, 116:28 minute [1] - 22:11 Nestor's [1] - 52:1 111:5, 111:11, 113:9, 114:3, meant [3] - 6:16, 7:27, 11:4 minutes [7] - 33:22, 33:24, never [35] - 10:20, 13:12, 14:22, 114:7, 120:19 measure [1] - 88:27 40:10, 47:26, 86:8, 86:28, 15:12, 15:19, 18:8, 18:12, MS [30] - 39:21, 39:28, 40:6, meet [2] - 40:26, 64:20 87:2 23:3, 23:16, 26:17, 26:24, 40:11, 40:15, 40:22, 40:23, meeting [3] - 75:1, 75:8, 75:9 mispronounce [1] - 41:1 27:23, 28:3, 29:12, 30:20, 47:23, 48:5, 48:12, 51:5, meetings [1] - 75:3 mistake [1] - 11:6 32:22, 37:17, 37:19, 38:17, 58:2, 58:9, 58:24, 59:2, meewataskiwin [1] - 6:28 modern [1] - 9:4 38:18, 39:13, 50:7, 50:9, 60:24, 90:26, 91:21, 92:15, member [17] - 14:11, 14:15, moment [4] - 22:1, 24:11, 50:15, 91:3, 93:12, 108:22, 93:11, 93:22, 94:7, 94:12, 14:17, 27:7, 43:2, 43:5, 33:20, 96:15 108:23, 109:12, 118:12, 95:3, 95:12, 95:16, 96:2, 46:10, 84:8, 86:23, 89:24, Monday [1] - 89:9 118:13, 118:15 96:15, 110:23, 120:27 89:28, 90:6, 90:7, 90:11, money [3] - 65:17, 65:19, new [1] - 23:15 multiple [1] - 51:28 115:6, 115:19, 116:2 117:22 news [1] - 58:1 Munro [4] - 100:12, 100:17, members [25] - 1:6, 1:17, 14:3, months [2] - 10:15, 44:3 next [19] - 29:2, 35:13, 40:14, 112:13, 116:4 14:5, 14:6, 14:21, 27:6, Morley [5] - 34:25, 45:2, 47:4, 52:21, 59:19, 64:17, 66:5, must [5] - 12:17, 16:27, 58:28, 44:13, 66:14, 68:6, 71:28, 54:1, 88:14 67:18, 68:12, 68:20, 70:8, 81:18, 110:27 74:28, 82:12, 84:16, 84:24, MORLEY [2] - 3:14, 89:12 71:2, 87:9, 87:11, 87:14, 84:27, 85:3, 85:7, 87:8, morning [14] - 5:3, 5:4, 5:7, 88:13, 103:9, 113:1, 120:1 89:27, 98:9, 98:26, 112:24 5:16, 5:17, 37:27, 38:1, N nice [1] - 58:6 membership [22] - 14:26, 83:3, 39:21, 39:22, 39:23, 58:16, name [5] - 17:20, 24:16, 40:23, night [1] - 5:28 83:17, 83:23, 83:26, 84:7, 62:4, 78:2, 96:17 68:23, 74:15 nine [2] - 33:8, 80:8 90:13, 90:15, 98:3, 98:5, most [4] - 6:19, 40:7, 76:7, named [2] - 74:13, 99:9 NO [4] - 1:11, 56:23, 56:25, 98:18, 98:19, 101:28, 102:27, 120:2 names [3] - 27:1, 49:24, 82:28 61:18 106:18, 114:23, 114:27, mostly [1] - 50:21 Nathan [1] - 5:9 nobody [3] - 85:7, 85:8, 85:9 115:1, 115:2, 115:3, 115:9, mother [2] - 46:21, 46:23 NATION [1] - 1:22 nominated [1] - 88:6 120:18 Mother [1] - 8:10 Nation [36] - 1:27, 7:20, 9:9, none [3] - 41:10, 92:20, 95:28 memory [1] - 117:26 mother's [7] - 44:20, 44:22, 35:2, 43:3, 43:6, 46:10, nonsense [1] - 94:6 men [1] - 14:14 45:1, 45:9, 45:24, 46:21 63:14, 63:20, 63:23, 66:13, noon [3] - 54:7, 88:7, 88:9 mention [2] - 39:2, 39:4 mound [2] - 28:16, 28:17 67:25, 72:6, 72:7, 75:12, normal [1] - 95:23 mentioned [5] - 36:15, 37:20, movable [1] - 28:8 77:4, 77:6, 77:15, 81:24, north [9] - 9:12, 10:20, 22:10, 50:15, 69:28, 72:5 move [11] - 6:11, 8:4, 15:6, 82:8, 83:23, 90:1, 90:6, 90:8, 25:10, 29:11, 50:27, 81:3, mic [2] - 28:8, 28:10 16:4, 20:21, 37:16, 52:24, 104:18, 104:21, 104:24, 81:10, 81:16 MICHAEL [1] - 1:6 66:25, 70:7, 92:9, 106:21 105:19, 112:22, 113:4, NORTHERN [2] - 1:10, 1:21 10 NOS [1] - 61:24 89:20, 89:21, 89:27, 90:1, opinion [3] - 101:17, 103:6, 112:17 note [4] - 40:1, 40:16, 62:22, 90:2, 90:4, 90:13, 96:6, 96:9, 105:25 paralegal [1] - 58:25 97:20 96:26, 98:1, 101:11, 101:19, opinions [1] - 110:28 parcels [2] - 78:6, 81:21 noted [1] - 89:6 102:2, 102:3, 104:21, 104:24, opportune [1] - 61:4 pardon [2] - 41:13, 43:4 notes [1] - 122:7 105:4, 112:18, 112:22, opposition [1] - 51:25 parents [1] - 65:4 notice [3] - 75:5, 75:8, 81:2 112:28, 113:4, 113:12, optimistic [1] - 107:13 part [37] - 13:25, 15:7, 15:13, November [2] - 1:27, 99:14 113:16, 115:3, 115:6, 115:9, option [1] - 84:11 18:15, 26:26, 37:4, 39:6, number [55] - 6:6, 18:8, 28:24, 116:3, 116:12, 116:25, 117:2, oral [11] - 5:6, 8:14, 12:19, 47:5, 53:19, 58:14, 67:27, 28:26, 29:3, 29:9, 29:10, 118:12, 119:25 18:15, 19:19, 23:14, 27:27, 69:26, 71:18, 74:6, 75:13, 29:23, 29:24, 29:26, 29:28, OCHAPOWACE [3] - 1:11, 35:17, 52:17, 52:19, 87:17 75:22, 76:3, 80:3, 81:13, 30:1, 30:2, 30:3, 30:4, 30:5, 1:22, 2:8 order [3] - 58:9, 62:24, 93:7 82:10, 82:28, 96:23, 96:26, 30:6, 30:7, 30:26, 31:4, 31:7, Ochapowace's [11] - 47:17, Order [4] - 18:19, 100:25, 97:7, 99:25, 103:16, 104:17, 31:11, 31:17, 31:19, 31:22, 47:18, 62:3, 81:23, 90:17, 100:28, 101:4 104:26, 105:3, 109:9, 113:14, 31:25, 31:27, 31:28, 32:4, 95:5, 99:6, 100:9, 103:10, Orders [1] - 18:21 113:18, 117:12, 117:14, 32:6, 32:7, 32:8, 32:9, 38:11, 103:21, 104:6 organization [1] - 72:10 119:9, 120:14, 120:15 43:9, 62:10, 63:15, 64:2, October [10] - 63:26, 70:27, organizations [3] - 72:6, 72:8 particular [9] - 49:20, 51:28, 76:16, 77:18, 78:6, 80:7, 94:13, 99:8, 99:13, 99:15, organize [3] - 71:11, 71:25, 58:5, 73:21, 93:7, 93:13, 80:20, 82:22, 84:18, 85:19, 99:17, 104:5, 104:10 115:14 96:10, 96:15, 97:3 86:9, 86:10, 106:4 OF [5] - 1:10, 1:10, 1:21, 1:21, original [25] - 22:7, 36:7, 36:9, particularly [3] - 90:3, 111:1 numbering [1] - 89:3 3:2 37:5, 38:5, 38:6, 38:22, parties [6] - 53:9, 91:1, 91:8, numbers [9] - 15:1, 26:20, offence [1] - 41:8 38:24, 39:16, 64:26, 73:23, 91:10, 93:14, 94:2 27:3, 31:1, 89:5, 94:20, offer [5] - 93:19, 98:9, 98:21, 78:3, 78:23, 79:16, 79:26, partly [1] - 41:16 96:25, 96:27, 102:22 108:12, 108:20 80:4, 80:24, 80:26, 81:13, partnership [2] - 105:15, office [3] - 67:23, 68:23, 116:10 84:3, 84:6, 85:8, 103:14, 105:16 O officials [1] - 119:24 112:19, 113:28 parts [1] - 57:14 old [36] - 8:17, 11:22, 12:5, originally [7] - 21:23, 38:24, pass [2] - 25:24, 88:17 oath [3] - 5:22, 63:7, 89:15 13:23, 14:20, 15:4, 15:18, 78:23, 78:28, 81:11, 93:3, passed [12] - 15:5, 15:23, object [1] - 110:23 15:20, 15:23, 18:3, 18:23, 101:25 15:24, 18:19, 25:20, 25:26, objection [1] - 97:21 19:18, 19:24, 22:21, 23:10, Ottawa [1] - 24:4 26:2, 45:13, 45:19, 46:3, obligation [5] - 64:9, 66:17, 25:25, 26:1, 26:3, 26:8, ought [1] - 96:9 46:5, 48:28 67:10, 86:18, 86:22 26:15, 26:28, 27:20, 27:27, ourselves [1] - 5:26 past [1] - 41:21 obligations [1] - 7:12 36:16, 36:20, 39:10, 45:12, outlined [1] - 110:6 paternal [1] - 46:9 obtain [4] - 63:19, 63:22, 72:7, 45:15, 45:18, 49:5, 49:8, outside [3] - 68:26, 88:14, patience [1] - 38:2 74:8 51:1, 62:11, 100:5 108:24 pause [1] - 35:21 obtained [4] - 5:10, 8:14, 72:9, older [4] - 45:20, 49:18, 49:19 outstanding [5] - 63:25, 95:6, peace [1] - 61:23 85:10 once [8] - 11:2, 89:3, 91:11, 105:26, 107:1, 110:11 People [1] - 110:3 obtaining [1] - 63:14 92:11, 114:20, 117:2, 117:5 overall [1] - 94:19 people [94] - 6:16, 6:22, 7:28, obviously [1] - 86:13 one [38] - 7:20, 9:11, 11:1, owe [1] - 115:6 9:9, 11:22, 12:4, 12:6, 12:14, occasion [1] - 118:17 11:14, 13:16, 14:8, 14:26, own [7] - 1:6, 17:7, 18:6, 53:10, 13:10, 13:15, 13:17, 13:18, occupy [1] - 78:24 15:26, 23:16, 36:3, 38:3, 65:18, 85:7, 117:16 13:23, 13:24, 13:27, 14:14, occurred [1] - 64:18 51:11, 53:20, 53:28, 54:21, 14:20, 14:24, 15:4, 15:15, occurring [1] - 8:18 55:16, 55:22, 59:22, 65:21, P 15:18, 15:20, 15:23, 15:24, Ochapowace [102] - 1:27, 4:4, 70:20, 70:26, 73:5, 74:13, 16:4, 18:3, 18:23, 19:19, 11:25, 14:5, 16:19, 16:20, 74:20, 74:26, 99:15, 99:17, P.M [1] - 121:8 19:25, 19:28, 20:2, 20:10, 16:28, 17:8, 17:19, 17:20, 100:3, 100:9, 102:15, 103:9, p.m [1] - 61:11 20:13, 20:19, 21:7, 22:21, 17:21, 17:26, 18:5, 19:11, 103:20, 103:27, 105:19, Page [2] - 3:4, 4:3 23:20, 25:5, 26:8, 26:15, 29:7, 30:17, 30:18, 36:17, 108:24, 109:18, 110:12, page [8] - 83:15, 96:3, 100:11, 26:24, 26:28, 27:20, 27:27, 37:8, 38:18, 39:3, 39:5, 43:3, 110:20 110:3, 111:17, 111:22, 112:3, 30:21, 32:9, 36:16, 36:19, 43:5, 43:19, 46:15, 46:19, onerous [1] - 115:11 112:4 36:20, 37:3, 37:11, 37:21, 46:22, 47:13, 47:16, 47:17, ones [16] - 64:26, 65:12, 66:15, pages [2] - 82:23, 122:5 38:23, 42:25, 49:19, 49:24, 48:22, 48:24, 54:3, 54:8, 68:7, 79:24, 80:15, 80:16, paid [1] - 37:9 61:7, 63:2, 64:20, 65:1, 56:25, 57:4, 57:6, 57:12, 80:17, 81:25, 81:27, 82:27, paper [6] - 54:19, 54:28, 56:15, 65:10, 65:21, 65:23, 66:1, 61:21, 62:9, 64:15, 68:22, 83:9, 85:6, 101:27, 102:7, 62:5, 88:16, 88:27 66:3, 66:28, 67:1, 68:10, 70:1, 73:16, 74:19, 75:11, 109:24 papers [6] - 14:12, 25:1, 25:7, 68:16, 68:19, 69:24, 71:14, 75:22, 77:14, 78:4, 78:7, open [1] - 60:3 26:12, 50:26 71:28, 72:4, 79:12, 84:18, 78:21, 81:4, 81:22, 81:26, opening [3] - 42:18, 92:26, paperwork [1] - 98:3 84:20, 84:21, 84:24, 85:5, 81:28, 82:1, 82:4, 83:6, 83:7, 118:9 paragraph [7] - 100:21, 101:7, 85:11, 102:6, 105:18, 105:23, 84:22, 84:24, 86:12, 86:13, operation [1] - 17:1 111:17, 111:18, 112:5, 112:6, 108:19, 109:5, 114:18, 86:18, 86:21, 88:26, 89:7, 11 114:19, 114:22, 115:13, pickets [1] - 20:22 prejudice [8] - 90:28, 91:7, 6:20, 7:13, 7:22, 11:4, 105:9, 116:28, 120:9 pickle [2] - 58:4, 60:2 91:17, 93:21, 95:14, 95:20, 109:2 people's [1] - 86:23 picture [1] - 56:19 95:21, 97:12 proof [2] - 53:3, 53:11 Peoples [6] - 105:16, 105:18, piece [1] - 57:28 prepare [2] - 41:4, 41:7 properly [1] - 98:6 105:22, 105:27, 107:2, piecing [1] - 48:18 prepared [5] - 53:14, 58:18, proposal [3] - 93:8, 96:10, 107:12 piggybacked [1] - 65:21 83:16, 94:15, 102:12 118:18 peoples [4] - 17:4, 18:5, 18:6 Pillipow [1] - 27:9 preparing [1] - 82:16 propose [5] - 5:7, 5:11, 5:26, performer [1] - 87:27 pimatihowin [4] - 7:1, 7:2, 7:3, presence [2] - 5:25, 116:26 53:10, 88:17 perhaps [22] - 38:10, 40:12, 7:9 present [6] - 42:17, 42:20, proposed [3] - 92:28, 93:3, 57:22, 61:3, 81:22, 90:18, pin [1] - 120:25 48:14, 98:3, 116:21, 117:7 93:24 101:18, 101:22, 101:28, pink [3] - 79:1, 81:3, 81:16 presented [1] - 107:24 protest [1] - 61:8 102:16, 102:18, 107:6, Pipestone [5] - 38:14, 38:15, presently [2] - 39:5, 78:17 protests [1] - 61:9 107:14, 107:28, 108:16, 38:21, 39:1, 39:15 president [1] - 100:18 protocol [1] - 34:11 108:18, 108:26, 114:21, place [5] - 10:9, 16:6, 44:4, presiding [1] - 1:28 proved [1] - 74:9 114:25, 116:22, 118:25, 70:7, 112:27 pretty [10] - 33:2, 44:15, 49:15, provide [6] - 53:17, 56:6, 57:5, 119:3 placed [2] - 63:15, 90:12 50:4, 50:7, 68:13, 87:27, 69:9, 86:15, 87:9 period [2] - 19:16, 97:28 places [4] - 34:4, 34:5, 34:14, 90:2, 91:5, 91:22 provided [6] - 34:10, 52:27, permanent [2] - 8:28, 9:5 34:20 prevents [1] - 92:4 56:5, 82:11, 83:24, 83:26 permit [2] - 20:23, 20:25 plaintiff's [1] - 82:18 previous [4] - 101:12, 101:16, providing [1] - 8:10 person [7] - 17:13, 49:18, plaintiffs [7] - 53:14, 58:18, 102:16, 103:26 province [2] - 93:6, 102:21 49:19, 50:6, 52:1, 76:7, 120:1 74:13, 74:26, 82:11, 92:4, Previously [6] - 3:5, 3:12, 3:14, Province [3] - 1:27, 75:12, 93:5 personally [2] - 27:17, 63:12 106:19 5:19, 62:20, 89:12 provincial [2] - 102:10, 102:24 persons [4] - 14:20, 34:16, PLAINTIFFS [2] - 2:3, 2:5 price [1] - 77:27 provision [1] - 92:3 60:21, 86:25 Plaintiffs [2] - 1:7, 1:18 prima [2] - 96:13, 97:12 public [3] - 53:26, 91:15, 106:5 perspective [4] - 15:15, 94:21, plaintiffs' [2] - 48:14, 106:6 primarily [1] - 98:24 publicly [1] - 106:8 96:22, 106:24 Plaintiffs' [2] - 4:6, 61:18 primary [2] - 49:13, 98:12 published [1] - 53:26 pertain [1] - 86:11 plan [1] - 59:19 Prime [8] - 105:7, 105:11, pulled [2] - 55:20, 55:25 PETER [1] - 1:16 plans [1] - 62:15 105:25, 106:2, 106:28, purchase [4] - 77:7, 77:11, Peter [10] - 24:9, 25:19, 25:27, play [2] - 58:6, 76:5 107:28, 108:13, 110:9 77:15, 77:17 26:2, 46:21, 46:22, 50:27, playing [1] - 61:28 principally [1] - 6:7 purchased [4] - 76:12, 76:17, 90:10 pleadings [1] - 41:11 Principles [2] - 91:13, 110:1 77:22, 78:12 Petryshyn [1] - 2:14 pleasure [1] - 40:26 principles [2] - 92:2, 109:17 purports [1] - 100:12 PETRYSHYN [2] - 122:4, plug [1] - 58:27 print [2] - 58:4, 58:10 purpose [4] - 67:7, 71:7, 108:9, 122:25 Point [5] - 21:8, 30:24, 36:9 printer [1] - 58:11 108:11 phase [1] - 52:19 point [7] - 21:25, 30:23, 33:28, printing [1] - 58:23 pursuant [2] - 7:11, 34:10 Phelan [14] - 1:28, 5:5, 6:15, 54:4, 88:16, 89:5, 110:25 privilege [7] - 91:7, 91:8, 91:17, pursue [1] - 117:21 8:25, 16:13, 18:26, 32:5, Points [1] - 36:8 94:2, 94:10, 95:1, 96:1 put [34] - 10:22, 12:3, 12:13, 33:10, 33:12, 33:27, 35:25, points [2] - 21:7, 85:20 privileged [9] - 91:20, 93:10, 12:14, 16:9, 17:19, 22:3, 52:6, 85:13, 87:6 policies [1] - 117:9 93:28, 94:4, 94:6, 94:28, 22:6, 22:7, 27:5, 28:1, 28:15, PHILLIPS [45] - 5:4, 5:24, 8:25, policy [5] - 91:15, 109:2, 111:3, 96:14, 97:13, 106:11 29:16, 29:18, 29:21, 30:2, 9:7, 9:14, 9:25, 18:25, 19:5, 119:6 problem [4] - 81:1, 88:15, 30:3, 30:19, 31:7, 32:18, 19:7, 19:8, 21:28, 22:2, political [2] - 109:2, 110:28 90:25, 90:26 32:28, 38:8, 51:27, 55:26, 28:12, 28:14, 28:23, 29:27, politics [1] - 111:3 procedure [1] - 85:25 58:2, 59:22, 60:7, 60:15, 31:2, 31:6, 31:18, 31:22, population [1] - 102:20 proceed [6] - 55:3, 55:17, 85:14, 86:22, 97:9, 97:22, 32:11, 33:6, 33:7, 33:17, position [3] - 57:5, 74:3, 94:18 58:13, 68:5, 68:7, 97:21 114:11 33:26, 34:1, 35:25, 51:11, possible [1] - 107:5 proceedings [4] - 51:17, 53:8, putting [2] - 15:26, 32:26 51:15, 51:24, 52:5, 52:10, possibly [1] - 44:10 55:8, 74:18 52:16, 56:21, 57:1, 57:16, posts [1] - 34:3 process [30] - 26:27, 62:27, Q 57:21, 57:27, 60:19, 86:5, potential [2] - 59:14, 116:16 67:17, 69:26, 70:2, 70:6, 86:9, 87:6, 87:16, 114:7, Q.C [1] - 2:4 power [4] - 6:18, 20:1, 25:4, 70:27, 71:16, 71:18, 72:15, 120:19 Qu'Appelle [4] - 16:24, 38:28, 62:4 74:6, 74:25, 75:7, 76:8, Phillips [14] - 2:8, 2:9, 3:5, 73:24, 81:3 [1] 76:16, 77:3, 78:13, 79:6, practical - 62:15 qualified [1] - 102:23 3:11, 3:17, 5:20, 44:10, 79:9, 85:1, 91:26, 96:23, practice [3] - 24:5, 24:19, 26:11 51:10, 51:14, 86:4, 114:6, 99:26, 102:9, 103:2, 103:8, quantum [1] - 96:4 practiced [1] - 19:13 114:8, 114:16, 119:10 103:9, 103:17, 107:7, 107:15 QUEEN [2] - 1:10, 1:21 practices [1] - 5:10 physically [2] - 8:15, 10:10 Queen [1] - 7:26 produced [2] - 56:13, 96:27 prefer [1] - 39:24 pick [3] - 9:14, 9:20, 22:12 questioned [1] - 110:25 promise [1] - 8:2 preference [1] - 109:10 picked [2] - 16:8, 68:28 questions [26] - 27:16, 33:26, promises [9] - 6:5, 6:13, 6:16, preferred [2] - 109:11, 110:16 12 35:6, 35:15, 35:22, 35:23, recognize [9] - 64:9, 66:7, remember [13] - 16:23, 16:26, RESERVED [2] - 56:23, 61:24 36:3, 37:23, 39:18, 40:17, 67:20, 69:5, 69:16, 70:12, 18:11, 25:21, 26:1, 34:19, reserved [3] - 8:6, 8:7, 56:9 44:11, 48:6, 48:18, 51:6, 71:5, 73:7, 103:11 49:22, 49:24, 65:21, 100:16, Reserved [2] - 6:4, 11:3 51:26, 85:14, 85:24, 85:27, recognized [1] - 72:13 102:2, 103:28, 104:7 Reserves [8] - 11:17, 12:3, 86:2, 86:8, 87:7, 111:6, recollection [1] - 104:11 remind [2] - 5:21, 63:6 34:7, 73:25, 76:19, 76:25, 111:15, 114:4, 120:11, recommendation [1] - 98:18 reminded [1] - 90:14 80:26, 112:18 120:20 recommended [1] - 94:15 removal [1] - 55:27 residential [6] - 22:15, 22:26, quick [1] - 18:26 reconciling [1] - 96:21 removing [1] - 19:12 32:8, 43:22, 44:1, 44:6 quite [5] - 6:17, 22:23, 26:3, record [5] - 9:26, 9:27, 55:21, repeat [3] - 40:28, 70:24, 113:7 residual [1] - 101:7 43:9, 45:20 62:22, 86:20 rephrase [1] - 40:28 resolution [2] - 70:10, 70:13 recorder [1] - 113:6 report [6] - 41:25, 41:28, 51:16, resolve [2] - 92:27, 105:25 R recording [1] - 9:15 52:7, 53:24, 94:15 resources [2] - 65:17, 117:17 redirect [1] - 51:10 reporter [2] - 7:4, 28:25 respect [14] - 27:25, 27:26, raise [1] - 53:28 reducing [1] - 94:19 REPORTER [4] - 9:16, 28:19, 41:12, 41:18, 42:4, 42:21, raising [1] - 116:13 refer [7] - 55:10, 56:13, 62:9, 122:18, 122:26 44:12, 44:23, 47:10, 50:11, ran [3] - 23:3, 43:26, 44:4 88:18, 89:5, 108:6, 114:23 REPORTER'S [1] - 122:1 50:17, 87:17, 109:8, 120:3 rather [3] - 107:15, 108:1 reference [3] - 36:15, 100:21, REPORTERS [1] - 2:14 respectfully [1] - 51:27 ratified [4] - 113:4, 113:11, 101:7 Reporters [1] - 122:5 Respecting [1] - 110:1 113:16, 113:26 references [1] - 100:24 reporters [1] - 61:23 respective [3] - 106:2, 115:27, ratifying [1] - 63:25 referred [5] - 51:16, 55:18, reports [3] - 41:17, 41:22, 52:3 117:18 rations [2] - 20:1, 20:3 55:22, 55:24, 113:2 represent [2] - 29:9, 116:7 respectively [1] - 115:16 Raybould [1] - 105:21 referring [2] - 40:21, 73:20 representatives [1] - 110:19 response [4] - 23:20, 67:13, re [7] - 51:12, 64:9, 64:10, regard [5] - 16:1, 19:10, 23:12, represented [2] - 1:10, 1:21 95:26, 119:4 65:27, 71:11, 74:20, 85:18 86:22, 115:11 representing [1] - 1:17 responsibility [1] - 98:12 Re [2] - 3:11, 51:14 regarded [1] - 114:14 represents [3] - 28:15, 28:26, responsible [1] - 98:16 re-establish [4] - 64:10, 65:27, regarding [1] - 66:13 66:10 rest [2] - 36:10, 97:5 71:11, 74:20 regards [1] - 86:16 request [6] - 5:27, 13:9, 27:22, rested [1] - 103:6 re-established [1] - 64:9 Regina [7] - 5:11, 27:12, 58:20, 27:28, 57:3, 118:13 result [2] - 91:3, 96:27 re-examination [1] - 85:18 59:15, 59:19, 60:1, 67:23 require [2] - 53:11, 91:7 resulted [2] - 93:12, 93:16 Re-Examination [2] - 3:11, Region [2] - 67:22, 69:18 required [5] - 14:6, 14:9, 77:4, resume [1] - 19:5 51:14 regional [4] - 11:19, 67:23, 77:9, 77:17 resumed [4] - 5:2, 48:3, 61:13, re-examine [1] - 51:12 119:18, 119:23 requirement [2] - 100:24, 87:4 reaction [3] - 70:1, 70:2, 106:1 register [1] - 14:9 100:28 rethink [1] - 62:16 read [8] - 42:6, 58:18, 95:4, Registrar [7] - 8:27, 9:15, research [6] - 64:19, 65:17, return [1] - 22:11 96:7, 97:3, 100:7, 111:18, 53:17, 54:18, 56:6, 60:20, 117:9, 117:27, 118:1 returning [1] - 15:5 112:8 62:8 Reserve [86] - 6:12, 10:3, 10:6, RETURNS [1] - 19:4 read-ins [1] - 58:18 REGISTRAR [10] - 2:10, 5:2, 10:15, 10:17, 10:18, 10:24, review [2] - 95:10, 112:9 reading [1] - 41:20 33:23, 47:28, 48:3, 61:10, 11:1, 11:7, 11:13, 11:20, reviewed [8] - 41:10, 41:17, ready [2] - 54:8, 58:1 61:13, 87:1, 87:4, 121:4 11:23, 11:26, 11:27, 12:26, 41:22, 41:24, 42:3, 42:11, realized [2] - 108:26, 115:25 reiterate [1] - 112:12 13:12, 15:8, 16:6, 17:20, 51:18, 114:10 really [11] - 13:15, 46:12, 52:18, reject [2] - 98:9, 98:20 17:21, 20:20, 22:7, 23:15, rid [2] - 26:12, 56:1 59:27, 60:10, 65:15, 65:20, relate [6] - 35:6, 52:25, 91:24, 27:7, 27:22, 27:26, 28:16, RIGHT [2] - 1:10, 1:21 66:4, 72:2, 117:2, 117:3 93:1, 105:10, 106:25 28:27, 29:4, 29:6, 30:9, right-hand [1] - 120:3 reason [2] - 19:11, 102:15 related [8] - 44:15, 44:18, 30:10, 30:14, 30:15, 30:16, Rights [1] - 107:12 reasons [2] - 37:17, 54:21 44:27, 46:28, 47:6, 48:22, 31:13, 31:15, 31:21, 31:26, river [3] - 21:10, 29:13, 30:22 reattend [1] - 87:9 48:24, 113:28 32:7, 32:8, 34:7, 36:17, River [3] - 38:28, 39:1, 81:4 receive [2] - 67:14, 117:20 relates [3] - 53:21, 90:24, 113:2 36:22, 36:27, 37:5, 37:8, rivers [1] - 38:28 received [7] - 54:2, 72:11, 96:6, relation [3] - 8:5, 27:19, 87:16 37:9, 37:10, 37:18, 38:5, road [2] - 80:5, 80:10 96:9, 99:14, 99:23, 104:9 38:7, 38:9, 38:20, 38:22, relationship [6] - 12:6, 12:9, rob [1] - 51:16 receives [1] - 95:26 38:25, 39:3, 39:5, 39:7, 12:16, 34:16, 34:23, 48:21 ROBERT [1] - 1:5 receiving [4] - 99:20, 100:17, 39:16, 43:19, 44:16, 64:8, Relationship [1] - 110:2 role [3] - 76:5, 77:24, 89:25 104:8, 104:11 64:10, 65:27, 72:2, 74:21, release [3] - 92:3, 105:1, Ron [1] - 68:23 recently [1] - 41:19 78:3, 78:4, 78:27, 79:2, 113:27 room [5] - 6:23, 57:7, 58:11, receptive [1] - 118:27 79:16, 80:4, 80:24, 81:13, relevance [2] - 109:1, 109:7 86:15, 87:9 recess [1] - 33:23 81:22, 101:8, 101:25, 105:1, relevant [2] - 107:18, 110:7 Ross [11] - 5:7, 5:13, 5:24, 6:3, recognition [11] - 53:22, 63:14, 112:19, 113:28, 116:21, reliably [1] - 89:1 39:25, 76:6, 78:2, 98:27, 63:19, 63:22, 63:25, 69:3, 118:13 remain [1] - 85:4 114:10, 114:21, 120:6 69:8, 69:9, 72:7, 74:9, 85:10 reserve [1] - 61:20 remains [1] - 53:7 ROSS [2] - 3:5, 5:19 13 Round [27] - 10:4, 10:14, 21:2, sense [3] - 7:22, 40:15, 55:7 70:17, 72:23, 72:24, 72:26, stage [1] - 6:1 21:3, 21:4, 21:5, 21:10, sent [7] - 54:2, 64:14, 70:14, 75:27, 115:16 stages [1] - 92:13 21:18, 21:22, 21:27, 22:3, 70:22, 70:27, 90:22, 106:2 significance [1] - 10:26 STAND [1] - 19:4 22:5, 22:16, 23:13, 29:5, separate [3] - 55:14, 67:25, significant [2] - 6:18, 21:4 stand [5] - 5:14, 14:10, 57:23, 30:7, 32:12, 32:13, 32:16, 88:21 similar [1] - 91:11 58:26, 69:24 36:4, 36:7, 36:12, 39:15, September [3] - 72:19, 73:7, simply [5] - 74:5, 84:14, 97:27, STANDS [4] - 52:15, 88:3, 81:11 73:10 109:9, 110:5 88:12, 120:21 route [1] - 108:19 series [2] - 90:27, 96:21 sit [4] - 75:16, 75:18, 107:22, start [6] - 40:17, 41:3, 46:14, Roy [3] - 67:21, 69:18, 74:4 serve [2] - 75:24, 102:26 108:18 81:28, 92:25, 116:15 RPR [1] - 122:17 served [5] - 43:8, 89:20, 99:4, site [1] - 106:9 started [6] - 21:3, 43:14, 61:14, ruling [1] - 87:12 104:3, 115:4 situation [5] - 74:3, 108:2, 117:4, 117:5, 118:25 run [2] - 31:1, 54:6 service [1] - 114:27 115:12, 115:23, 115:28 starting [1] - 90:22 services [1] - 59:1 skill [1] - 122:7 starts [1] - 95:4 S serving [1] - 120:8 slapped [1] - 11:28 state [1] - 74:3 session [1] - 61:10 slew [1] - 34:28 statement [1] - 94:22 sacred [6] - 6:13, 6:14, 6:15, set [5] - 6:1, 58:20, 62:1, 74:18, slightly [1] - 85:28 Statement [4] - 41:11, 41:14, 8:6, 11:5, 73:27 78:22 slow [1] - 40:27 74:10, 74:16 Sam [1] - 65:4 settle [4] - 36:19, 95:18, 109:6, sold [2] - 15:7, 32:24 statements [4] - 109:2, 109:19, Sara [4] - 25:24, 25:26, 46:25, 109:11 solely [1] - 103:6 109:22, 109:26 47:6 settled [2] - 36:21, 36:22 solicitor/client [1] - 91:11 States [1] - 14:1 Saskatchewan [7] - 1:27, settlement [12] - 91:2, 91:3, solution [1] - 108:1 stating [1] - 73:23 67:22, 69:5, 72:11, 75:12, 91:4, 91:25, 91:27, 93:12, solve [1] - 9:21 stay [1] - 111:4 93:2, 93:5 93:13, 93:19, 93:24, 93:25, solved [1] - 88:15 stenograph [1] - 122:6 Saskatoon [2] - 88:5, 121:2 96:23, 96:26 someone [1] - 84:5 step [7] - 24:21, 24:22, 27:5, sat [3] - 57:21, 75:20, 82:26 Settlement [1] - 76:2 someplace [5] - 10:9, 11:1, 63:22, 68:14, 117:11, 117:12 satisfy [1] - 93:7 settlers [3] - 8:1, 15:8, 16:5 25:11, 29:13, 30:25 stepping [2] - 115:19, 116:14 saw [1] - 11:16 settling [1] - 107:8 sometimes [2] - 110:21, 120:15 steps [5] - 63:19, 68:3, 71:25, scare [1] - 25:17 setup [1] - 58:11 somewhat [1] - 119:15 96:27 scared [5] - 19:22, 23:23, 24:7, several [1] - 48:6 son [3] - 5:9, 17:9, 45:2 Stevenson [14] - 2:2, 3:8, 3:15, 25:3, 25:13 shared [2] - 49:2, 58:28 SONJA [2] - 122:4, 122:25 37:24, 37:26, 86:1, 111:8, schedule [1] - 91:6 SHARON [3] - 1:16, 3:12, 62:20 sons [1] - 17:10 111:10, 111:19, 112:3, school [18] - 10:4, 10:14, 17:1, Sharon [4] - 46:28, 62:17, 63:9, sorry [18] - 5:12, 17:24, 28:19, 112:11, 112:21, 113:8, 22:18, 22:23, 22:24, 22:26, 66:23 40:16, 46:6, 49:1, 70:25, 113:14 22:28, 23:3, 23:4, 23:7, 30:8, Sheldon [2] - 72:25, 72:27 73:17, 73:19, 80:11, 80:28, STEVENSON [6] - 37:27, 39:17, 32:8, 32:24, 43:22, 44:2, 44:7 SHELDON [1] - 1:16 84:16, 86:5, 92:15, 99:11, 86:3, 111:11, 113:9, 114:3 scratch [2] - 29:28, 30:5 SHIRLEY [1] - 1:5 110:23, 111:19, 111:25 sticker [4] - 10:7, 10:18, 10:22, screen [3] - 60:26, 63:17, 73:12 short [6] - 11:11, 33:18, 51:8, sort [4] - 7:18, 57:16, 89:3, 10:23 sec [1] - 32:4 59:8, 59:9, 86:27 95:23 stickers [3] - 4:5, 9:2, 56:26 second [11] - 9:20, 34:21, 62:6, shortfall [6] - 76:25, 76:27, source [1] - 49:13 stickies [5] - 8:27, 28:9, 30:19, 95:4, 96:3, 100:2, 100:6, 77:4, 94:17, 96:5, 105:3 sources [1] - 6:6 33:16, 57:18 111:22, 112:3, 112:4 shortly [1] - 6:18 south [9] - 10:20, 30:13, 38:13, sticky [10] - 10:18, 22:3, 28:15, seconded [1] - 72:25 show [5] - 34:20, 80:25, 86:21, 38:21, 38:27, 81:21, 81:25, 28:24, 29:3, 29:19, 30:12, see [20] - 10:1, 32:5, 33:11, 100:5 81:27, 82:1 31:7, 32:28, 38:8 39:9, 47:6, 54:19, 57:17, showed [3] - 9:23, 11:13, 38:27 Southeast [1] - 70:14 still [14] - 5:22, 13:17, 15:6, 58:2, 61:28, 62:14, 64:20, showing [2] - 4:4, 56:25 SPARVIER [1] - 1:5 29:25, 29:27, 46:2, 63:7, 73:18, 80:25, 88:1, 94:11, shows [1] - 32:12 speaking [3] - 15:14, 21:13 65:11, 65:16, 88:15, 89:15, 100:22, 111:1, 115:5, 115:10, 98:17, 110:11, 114:23 121:3 shrunk [1] - 56:16 special [2] - 13:4, 58:14 shut [1] - 61:1 specific [1] - 105:1 stone [1] - 116:14 seeing [1] - 96:13 side [18] - 9:12, 16:28, 21:23, speculative [1] - 40:18 stones [1] - 115:20 seek [2] - 101:13, 102:6 22:10, 29:5, 31:14, 36:12, spelling [1] - 7:5 stop [3] - 9:20, 40:12, 94:3 seem [1] - 60:28 36:22, 44:21, 44:22, 45:1, spirit [1] - 119:27 Storey [1] - 41:25 selected [3] - 75:15, 75:21, 46:25, 79:24, 80:14, 80:18, stories [6] - 19:27, 23:14, 75:24 spoken [3] - 21:16, 38:27, 80:19, 108:27 88:10 37:15, 49:3, 50:17, 50:24 self [2] - 86:23, 86:26 signatories [1] - 73:23 spokesman [2] - 72:26, 106:21 story [10] - 11:25, 16:8, 20:24, sell [1] - 20:22 signature [3] - 63:28, 69:22, spokesperson [2] - 73:3, 23:21, 24:1, 24:3, 24:24, seller [1] - 77:28 103:14 106:16 42:26, 42:28, 72:1 selling [1] - 76:8 signatures [2] - 64:2, 73:24 spread [2] - 13:11, 13:28 straight [2] - 44:14, 111:4 sending [2] - 15:18, 19:27 signed [8] - 64:17, 66:14, St [1] - 23:1 straighten [1] - 61:22 14 straightened [1] - 89:3 technicalities [1] - 89:4 78:16 20:25, 26:19, 26:20, 59:21, Straile [1] - 2:12 technology [3] - 9:4, 9:8, 100:5 tomorrow [12] - 58:16, 59:24, 80:12, 102:24 stream [1] - 60:21 telex [3] - 100:3, 111:24, 112:1 60:9, 60:17, 85:24, 87:21, Tuesday [1] - 63:10 strictly [1] - 112:22 ten [1] - 40:9 87:24, 88:1, 88:5, 120:24, turn [10] - 9:17, 10:16, 52:26, strong [1] - 91:15 tender [1] - 54:7 121:3, 121:5 63:13, 86:1, 99:6, 105:5, strongly [2] - 107:11, 107:21 tendered [1] - 53:3 took [13] - 9:27, 11:16, 14:11, 106:6, 109:28, 111:2 structure [2] - 58:5, 75:19 term [11] - 6:26, 6:27, 7:4, 7:6, 17:14, 18:12, 18:18, 20:28, two [28] - 11:16, 11:18, 11:23, students [1] - 31:23 7:13, 7:14, 7:15, 16:12, 25:8, 34:14, 34:20, 65:8, 12:3, 12:6, 13:19, 20:12, stuff [3] - 8:1, 15:18, 49:23 16:13, 76:23, 114:15 105:28, 108:17 20:14, 21:7, 33:26, 36:18, subdivide [2] - 118:13, 118:18 terms [12] - 11:15, 18:2, 60:2, top [2] - 16:9, 28:10 36:26, 37:9, 38:28, 39:15, subject [4] - 57:8, 63:13, 95:9, 69:2, 69:8, 76:27, 85:2, total [2] - 77:13, 79:11 44:3, 59:17, 59:19, 65:8, 97:25 85:18, 93:7, 93:24, 109:17, totally [1] - 58:20 73:23, 76:19, 76:25, 76:27, submissions [1] - 42:18 115:20 towards [2] - 116:14, 117:4 77:12, 99:4, 100:3, 120:23 submit [1] - 51:27 territory [2] - 78:25, 80:4 trace [1] - 64:22 subsequent [1] - 93:15 test [1] - 62:12 track [1] - 62:10 U substance [1] - 95:16 testified [1] - 118:23 traditional [8] - 5:6, 17:16, ultimate [1] - 92:13 successful [1] - 93:15 testify [2] - 27:11, 59:28 18:15, 52:17, 69:6, 72:12, ultimately [7] - 18:1, 56:16, testifying [2] - 87:8, 87:11 72:13, 87:17 sudden [1] - 27:2 93:15, 96:23, 102:10, 102:28, testimony [6] - 15:14, 19:15, traditionally [1] - 97:15 sue [1] - 94:3 104:16 41:5, 42:21, 89:20, 114:11 traditions [1] - 87:18 sufficient [1] - 94:18 UN [2] - 107:17, 113:3 THAT [1] - 19:16 trail [1] - 108:14 suggest [3] - 56:8, 89:8, 90:7 unable [1] - 58:4 THE [10] - 1:10, 1:10, 1:11, transcription [1] - 122:6 suggesting [2] - 55:2, 56:18 uncle [5] - 34:24, 45:1, 45:7, 1:21, 1:21, 1:22, 2:2, 2:4, 2:6, translate [1] - 21:17 suggestion [1] - 118:11 45:23, 45:24 19:4 travel [1] - 65:20 suggestions [1] - 60:3 Uncle [7] - 49:12, 49:16, 49:26, themselves [1] - 1:17 travelling [1] - 65:22 summary [1] - 110:4 50:1, 50:6, 50:24 thereafter [1] - 104:13 Treaties [4] - 6:5, 6:6, 8:13, summer [2] - 10:15, 31:24 uncles [1] - 44:13 therefore [2] - 101:20, 102:4 115:16 sunshine [1] - 21:12 under [22] - 5:22, 6:22, 6:23, thesis [1] - 95:24 Treaty [39] - 6:16, 6:27, 7:11, supplement [1] - 88:24 6:26, 7:12, 59:9, 63:7, 69:22, 7:12, 7:22, 12:13, 12:14, support [2] - 69:25, 94:18 thinks [1] - 54:18 76:15, 77:3, 77:14, 78:12, 16:1, 17:27, 19:20, 34:26, supported [2] - 107:11, 107:21 third [8] - 59:20, 83:8, 84:13, 79:6, 81:23, 89:15, 91:12, 37:9, 63:25, 66:17, 67:10, suppose [3] - 15:21, 16:6, 87:28, 111:17, 111:18, 112:4, 93:2, 93:7, 95:8, 95:12, 96:9, 68:22, 70:14, 71:11, 72:10, 42:16 112:6 103:14 Thomas [1] - 72:26 73:24, 75:10, 75:16, 75:18, supposed [1] - 61:28 underlying [1] - 117:28 thoughts [2] - 86:6, 98:21 76:2, 76:15, 77:3, 78:12, surge [1] - 62:4 understood [2] - 36:4, 52:2 thousand [1] - 14:12 91:25, 92:17, 92:27, 95:6, surmising [1] - 96:11 undertakings [1] - 82:10 three [8] - 53:20, 59:8, 59:22, 96:21, 97:2, 97:26, 102:8, surprised [1] - 51:7 unfortunately [2] - 108:4, 104:22, 113:11, 113:15, surrounding [2] - 76:12 60:16, 65:8, 83:11, 84:19, 110:17 87:27 113:26 surveyed [14] - 8:22, 10:17, unilaterally [1] - 28:1 throughout [2] - 55:8, 92:27 trees [1] - 21:24 11:17, 37:5, 37:19, 38:9, United [1] - 107:11 Thursday [1] - 1:27 tremendous [1] - 119:27 38:10, 38:23, 38:25, 73:26, unless [3] - 53:11, 54:7, 55:18 title [2] - 114:20, 114:26 TRIAL [1] - 1:25 78:23, 79:16, 80:26, 101:25 unreferred [1] - 55:20 TLE [16] - 14:24, 15:1, 26:18, trial [6] - 51:18, 55:19, 55:21, sworn [1] - 42:7 unreferred-to [1] - 55:20 26:27, 79:6, 81:23, 82:4, 55:23, 87:15, 111:2 system [3] - 8:26, 20:8, 20:19 unsuccessful [1] - 74:9 92:21, 93:16, 96:10, 102:23, trials [1] - 108:14 systems [3] - 58:6, 58:8 unusual [1] - 85:16 103:1, 113:3, 113:27, 116:14, Tribal [1] - 70:14 unwritten [1] - 114:26 117:21 tried [3] - 93:14, 102:18, 117:18 T up [35] - 9:12, 9:14, 9:17, 9:20, TO [1] - 19:4 trouble [2] - 109:1, 109:7 11:1, 13:5, 13:6, 16:8, 22:12, T-2153-00 [2] - 1:14, 2:4 tobacco [2] - 34:10, 35:16 Trudeau [2] - 105:8, 105:9 24:6, 24:10, 27:4, 28:10, T-2155-00 [2] - 1:1, 2:2 today [22] - 15:17, 24:28, 32:22, true [3] - 24:1, 47:22, 122:6 28:15, 32:4, 34:14, 40:27, tab [9] - 66:6, 72:17, 82:19, 35:11, 36:5, 41:5, 43:21, trust [2] - 79:18, 82:2 41:8, 48:13, 57:18, 58:20, 106:6, 106:14, 106:24, 108:7, 54:13, 55:12, 63:10, 74:10, Trust [2] - 81:4, 82:4 59:6, 59:12, 61:1, 67:27, 109:28 79:11, 85:3, 85:5, 85:20, trustee [8] - 75:15, 75:17, 68:11, 68:28, 70:27, 77:7, TABLE [1] - 3:2 106:26, 107:26, 108:2, 75:23, 75:25, 76:6, 76:26, 77:15, 80:15, 85:1, 89:9, table [1] - 56:3 108:21, 114:23, 117:4, 77:20, 77:24 91:27, 108:21 tabs [1] - 106:13 120:23 truth [2] - 7:15, 7:21 upholding [1] - 91:16 teachings [1] - 90:14 together [4] - 12:3, 36:28, truthfulness [1] - 53:5 USHERS [1] - 2:12 team [1] - 21:9 48:19, 67:2 try [3] - 40:11, 60:13, 77:27 technical [2] - 60:26, 88:15 Tommy [3] - 70:18, 72:26, trying [9] - 8:27, 14:27, 14:28, 15 V 8:19, 9:23, 9:27, 10:11, 107:28, 110:8, 110:10 11:16, 17:15, 24:9, 25:20, works [2] - 17:27, 51:28 validated [1] - 94:16 27:5, 34:3, 34:4, 34:25, worry [2] - 54:19, 106:11 valley [1] - 9:12 44:27, 45:2, 45:7, 46:22, write [5] - 14:12, 28:24, 29:3, versed [1] - 119:21 49:12, 49:26, 53:14, 54:1, 29:9, 30:26 version [5] - 56:5, 56:7, 56:15, 61:16, 61:18, 65:3, 65:4, writes [1] - 95:25 56:20, 88:27 66:7, 66:22, 69:22, 72:17, writing [3] - 71:24, 73:18, 95:5 view [6] - 33:28, 89:25, 97:11, 72:25, 72:27, 88:14, 89:14, written [8] - 63:24, 63:25, 100:27, 101:8, 101:10 90:9, 90:10, 97:24, 105:6, 66:11, 67:21, 67:24, 69:17, virtually [1] - 95:24 111:12, 114:24 72:22, 74:2 visit [1] - 34:28 Watson's [1] - 50:27 wrote [1] - 108:3 voice [1] - 9:20 ways [3] - 42:24, 55:17, 107:7 VOLUME [1] - 1:25 webinar [1] - 60:20 Y vote [3] - 17:14, 28:3, 98:21 website [1] - 53:26 voted [2] - 17:15, 98:19 week [5] - 35:13, 59:19, 87:9, year [3] - 20:12, 22:19, 24:11 voters [4] - 82:25, 83:4, 83:5, 87:11, 87:14 years [20] - 18:9, 18:10, 18:13, 83:7 WESLEY [1] - 1:5 20:12, 20:14, 21:22, 25:25, Wesley [2] - 47:10, 98:28 41:7, 41:22, 42:6, 43:9, 43:11, 43:12, 46:5, 65:9, W west [5] - 16:28, 36:12, 36:23, 81:28, 82:6 90:3, 92:28, 99:22, 114:27, wagon [1] - 20:28 116:25 western [1] - 13:28 wait [1] - 96:12 yellow [13] - 4:5, 8:27, 9:2, whole [4] - 30:27, 34:28, 38:20, waived [1] - 91:12 92:18 10:7, 10:17, 10:22, 22:3, waiver [1] - 91:7 28:24, 29:18, 30:11, 33:15, Wigmore's [1] - 91:13 walk [2] - 28:8, 92:16 56:26, 57:18 willing [13] - 66:16, 67:2, 67:16, walked [2] - 38:19, 38:20 yesterday [9] - 5:5, 6:1, 10:4, 68:16, 69:24, 70:4, 70:5, [50] 12:7, 15:13, 21:1, 24:28, WALLER - 36:2, 37:22, 76:8, 77:28, 85:6, 93:4 52:23, 53:1, 53:5, 53:16, 41:5, 118:9 Wilson [1] - 105:21 54:12, 54:16, 54:20, 54:24, young [1] - 22:23 Wilson-Raybould [1] - 105:21 54:27, 55:3, 55:9, 55:15, younger [3] - 44:26, 45:5, 45:6 winding [1] - 108:14 55:26, 56:4, 59:7, 59:16, yourself [3] - 7:9, 63:20, 112:14 Winston [1] - 72:27 60:5, 60:18, 61:3, 62:2, 62:8, yourselves [1] - 66:25 WINSTON [1] - 1:16 62:17, 62:22, 63:9, 80:22, wiped [1] - 6:19 81:1, 81:2, 85:13, 85:22, wise [1] - 54:23 87:22, 88:4, 88:13, 88:21, wish [1] - 109:13 88:25, 89:8, 89:14, 91:24, without-prejudice [1] - 90:28 92:7, 96:19, 97:24, 106:12, 106:13, 109:8, 109:14, WITNESS [6] - 19:3, 19:4, 109:17, 109:26, 109:27, 52:15, 88:3, 88:12, 120:21 111:5 witness [21] - 22:1, 27:15, 33:19, 33:27, 51:28, 52:7, Waller [33] - 2:4, 3:6, 3:13, 3:14, 36:1, 52:21, 54:23, 52:9, 52:22, 57:23, 62:6, 57:10, 59:6, 61:15, 62:1, 62:12, 62:15, 80:13, 80:23, 62:21, 80:12, 88:23, 89:13, 85:15, 86:2, 87:7, 88:4, 89:18, 91:23, 96:12, 96:18, 88:13, 111:6 97:23, 99:11, 99:17, 99:21, witness's [1] - 56:14 100:16, 103:12, 103:23, witnesses [18] - 52:22, 52:24, 104:27, 105:24, 106:17, 53:27, 55:7, 55:10, 55:11, 108:28, 110:22, 113:2, 59:9, 59:12, 59:15, 59:22, 113:10 59:28, 60:16, 62:23, 63:1, 86:17, 87:11, 87:15, 96:24 Waller's [1] - 56:28 WITNESSES [1] - 63:5 walls [2] - 58:25, 58:26 wonder [1] - 63:18 Walter [4] - 17:11, 17:19, 18:12, 19:11 wondering [3] - 39:9, 86:7, 112:17 wants [1] - 28:26 wood [4] - 20:22, 32:20, 32:23, Wasacase [1] - 10:13 32:24 WATSON [4] - 1:16, 1:16, 3:14, 89:12 word [3] - 7:26, 7:28, 28:26 words [6] - 7:18, 54:10, 97:17, Watson [43] - 4:6, 6:7, 8:13,