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ONTARIO MANITOBA BOUNDARY DISPUTE - 1880 - 1884

{{NOTE - 18/09/03 – This is my very poor OCR scan and edit of Ruth McLennan’s original Grade 13 paper; her original was properly formatted and footnoted with a Bibliography.When I OCR scanned it I realized it was going to be a very difficult edit to make it into an html page. Short of re-typing it, I have no better solution. My apologies to Ruth for mangling her clean copy. Bear with me it is a bit disjointed but is readable - have a go!}}

In the years from 1880 to 1884, Kenora or Rat Portage as it was then called experienced a series of events which today appeals to us as a most colourful incident in Kenora's rich historical past.

At that time the district of Rat Portage was the centre of attraction. In fact its popularity was so great that the territory was actually fought over - by two provinces, Manitoba and Ontario.

It all came about because the inter-provinoial boundary line was in dispute. Ontario had claimed that its western boundary was a line drawn through the Northwest angle of the Lake of the Woods, which - would be approximately where the Ontario Manitoba boundary is today. (1) On the on the other hand, the province of Manitoba had claimeds as part of its territory the west part of the District of Thunder flay. This was practically from the 89thParallel of longitude -- 61/2 miles east of Port Artier and inclded what is now the Kenora Districtt and the Rainy River District. (2)

In 1878 a federal comission had awarded the territory to Ontario and fixed the boundary to a line passing through the Northwest Angle(3) The Dominion government wouldn’t accept the report.

However in 1881 Ottawa passed an act extending the easterly boundary of Manitoba “to a line drawn due north from where the Westerly boundary of the Province of Ontarto intersects the International boundary line, dividing Canada from the United States.”(4) In other words, the eastern bcundary or Manitoba which was the western boundary of Ontario would be approxitmately in the area which is now the cities of Port Arthur and Fort William. Having put forward this vague decision Cttawa sat contentedly on the sidelines and left the battle to fought between the provinces. (5)

The Conservative MacDonald government in Ottawa was openly in sympathy with the Conservative province of Manitoba. This preference for Manitoba over Ontario is also explained by the fact that in the older province the Crcwn lands are under the local government whereas in the Prairie Province created by Macdonald in 1870 they are under

i.e. References to “Hennepen Lane” as being the bcundary , division, were made in several old diaries, but there is no authentic proof of this.

federal administraticn. In addition to this, Ontario was LiberaL

at the time.(6)

The Premier of Ontario at this time and leader of the Liberal Party in that province was Oliver Mowat.(7) Mowat had been, in earlier years, an articled clerk in the law office of MacDonald, in Kingston, Ontario.(8) In spite of political differences, he had retained affection for the Conservative leader. However, as determined as MacDonald was, to award the territory to Manitoha, Mowat was just as determined that the territory should be awarded to Ontario.

After the act of 188SJ had been passed Mowat suggested an appeal to the Privy Council but it was now MacDonald’s turn to haggle.(9) This is exactly what he did with suggestions that the matter be referred to The Supreme Cuurt of Canada, or that some great English authority, perhaps Lord Cairns, should be invited to act as sole arbitrator (10). In l883 both provinces claimed the territory.

With the backing of the federal government Manitoba preceded to

Appoint justices of the peace, and Rat Portage was incorporated as a Manitoba town.(11 ) A police magistrate was appointed and a building was acquired for a jail.(12) This Manitoba jail was situated on the east side of Main Street, near the present home of Mr. D. McLeod.(13)

This led to a conflict of authority, as magistrates appointed by the Province of Ontario had been exercising authority in Rat Portage since 1871 and there was also an Ontario courthouse and jail there at the time.(I4)

Also at this time, the local colour of Rat Portage was provided by such characters as Boston O’Brien the Slugger, Patsy Roach, Al Mulligan the Bad Man, Charlie Bull-Pup, and Black Jim Reddy of Montana, the hardest case in Rat Portage (15) It is also said that in a town of about 48 houses there were 36 saloons.(16) However I feel this night be a slight exaggeration. Even if the town had the characteristics of being rowdy and rough, it is incredib1e that a town

with a dual civic machinery and three sets of police forces (one federal and two provincial) could be so short on law and order, But this was exactly the case! The dispute turned out to be “ a comedy of musical chairs, of fights, and brawls, of arrests and counter - arrests of opposing police forces, raiding of jails, and even the despatch of troops from Winnipeg.. Never in the annals of the provincial government had there beer such a boisterous dispute.”(l7)

In 1883, Rat Portage connected to the more settled part of Canada by the Canadian Pacific

Railway, was a centre of mining and timber operations.(18) Troubles arose over these timber licenses and titles to minimg claims. (19) Both sides stated that Ttey had the right to issue such titles, and according to one, any title or license issued by the ether was invalid. (20) The pot was beginning to boil!

It boiled over, when Manitoba granted liquor licenses to several hotel and wholesale outlets at Kenora. Naturally Ontario Magistrates refused to recognize the legality of these licenses, with the claim that Ontario, not Manitoba, had the right to regulate the liquor traffic. This led to the series of arrests and counter - arrests.

A Manitoba masistrate issued a warrant for arrest of an Ontario

constable on a charge of selling liquor without a license .(22) The

constable wan Mr. E.M. Rideout, acting on an Ontario license.(23)

He was arrested and locked in a Manitoba jail. (24)

Of course Ontario authorities retaliated by arresting several Manitoba Constables who were taking some prisoners to jail. (25) A newspaper man said, at the time, “ Dominion Commissioner McCabe with two policemen., Ontario Magistrate Burdon with twenty-five policemen and Stipendiary Magistrate Brereton with fifteen policemen acting on behalf of Manitoba have been arresting each other all day”. (26)

In an article, about the event, written at a much later date, by

Mr. Ernie Appleton, who held the position of District Court Clerk in. Kenora, he writes;”I don’t think the different groups wore coloured shirts to distinguish them. It was more of political squabble in which few of the residents took part. The battling was left tothe policw who tried to suppress one another.!: (27)

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Manitoba supportres claimed, that “every rough in Rat Portage – referring to such personalities as previously mentioned) was with the ‘Grits’, in hopes of free whiskey and pay as special constables.”(28) Manitoba opponents called them responsible citizens!

Just then, a gang descended on the Kenora a jail and set it on fire, after releasing the prisoners, including Mr E.R. Rideout, and Mr. Johyn McQuarrie , who afterwards became the first sheriff of the Rainy River District. (29)

Appeals were sent to Prcmier Norquay of Manitoba and he arrived on the scene aaccompanied by the chief constablc and twenty-five of his men.(30) They arrested three men, including the notorious Boston O’Brien the Slugger, for breaking into the Jail. They were sent to Winnipeg in irons! (31)

Screams of “kidnapping”arose from Ontario sympathizers, but the prisoners were still committed to trial in o. Winnipeg. At the preliminary hearing an Ontario constable entered the court room to give evidence on

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behalf of the prisoner. He too was committed for trial: (32)

Back in Rat Portage the uproar continued. It was even noted that, “telegraph wires were tapped by skilled but corrupt operators and the plans of the opponents revealed.”(33)

All this tIne Rat Portage had been incorporated as a Manitoba town. On August 8, 1883, Prmier Norquay made public his intentions to enforce the laws snd to maintain the existing institutions established at Rat Portage.” (34) The very same day, a meeting was held in Rat Portage “ consider the propriety of obtaining mmunicipal incorporation from Ontario”(35) After several gatherings a resolutIon was passed to form a municipality under the jurisdiction of Ontario, and on August 22, 1883, a reeve and consillors were elected at a meeting called for that purpose. (36) All this was with complete disregard for the fact that Rat Portage had previously been incorporated as a Manitoba town under Mainitobe law!

Incorpoation only added fuel to the dispute. Both sides went on arresting each other as if nothing had happened.(37) It is interesting

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to note that according to one resident’s observations, “while these proceedings command the strict attention of the magistrate aid police, it may be imagined, the gamblers and the whiskey pedlars enjoyed almost complete immunity, for it was next to impossible for a constable, zealous as he might be in the discharge of his duty, to observe the actions of evil-doers while he himself was a fugitive from justice, engaged in dodging a warrant for his own arrest”. (38)

•The uproar continued until the provincial elections on Septernber 28 1883. (39 ) Both provinces ran candidates in the districy of Rat Pcrtage, an event unique in political history. Polling took place on this day to elect members to the Provincial Legislatures of both Manitoba and Ontario. (40) In Ontario the seat was called Algoma; in Manitoba, Varermes (41) The same election date was chosen by the provinces to fight the issue to the bitter end! (42)

ln Manitoba the election was to create a seat for the Conservative Mr J.A. Miller. newl.y appointed Attorney General.(43) For Ontario the Liberal candidate was a Mr R.A. Lyon. (44) Both were elected against their opponents. (45) Liberals in Manitoba supported the Ontario claims; Conservatives in Ontario supported Manitoba’s position.(46) It is claimed that more ballots were cast than there were voters. Liberals in Manitoba described the victory of the Conservative candidate Miller, in this way: “His majority was simple made up of men who were taken out of Winnipeg like so many cattle, to vote for the government. There were not enough bona fide property owners between here and thunder bay to make up the number who voted for Miller.” (47)

It seemed that holders of of mining stocks were allowed to vote . This opened up the voters lists. The mining boom had collapsed and stock certificates could be obtained for a few dollars per hundred. (48) Alarming reports reached Manitoba about the pre-election turmoil. The Manitoba government responded immediately. The day before the election, the government sent the crack corps of Winnipeg by special train to rat Portage! Sixty men of the Winnipeg Field

Battery proceeded under arms to Rat Pcrtage! It is also said that a strong body of North West Mounted Police was stationed in Winnipeg so as to be available for a possible emergency! (49) However the troops had no occasion to use their arrns, and after the climax of the election things were now quiet in Rat Portage - but not for long (50)

Two months later, Manitoba declared that it would take action against those selling liquor with Ontario licenses. This started a fresh wave of arrests with police forces of each province again arresting their counterparts (51)

Manitoba police arrested an Ontario license holder at Rat Portage. Ontario police commissione immediatety increased and armed his forces, released the prIsoners, and imprisoned the captors!(53)

Among those arrested by the Ontario authorities was the Manitoba Police Chief, Creighton, who was kept in jail, white his subordinates were released on bail. (53). Finally Attorney General Miller issued a writ of habeas corpus for the release of the imprisoned Manitobe Chief Creighton. (54)

BY this time, however, Ontario authorities had released Creighton on the order of the Ontario Attorney General, Oliver Mowat.(55)

At this point Mowat suggested a conference with Mr Miller at Toronto. The two men worked out a joint agreement for the administration of the territory, until the case, as prepared by both sides could he presented to the federal gcvernment and to the Privy Council. (56) All suits, arrests , and imprisonments growing out of the dispute were suspended.(57) A comnissionery approinted by each province was to save joint authority on the police force. (58) Fees and fines levied wore to he put in the bank to the joint credit of both provines until the boundary dIspuite was settled. (59)

The agreement also ended the bizarre system of government in Rat Portage, where two opposing councils ruled; one responsible in Ontario, -the other in Manitoba. Municipal affairs of the town were placed in the hands of a board of five elected members.. Magistrates were appo~ nted by both provinces acting together. (60) In addition both provinces agreed to place the boundary dispute before the Privy Council of England (.61)

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The matter was presented to the Prixy Council by Oliver Mowat. The case was tried July 1884, before the Judicial committee of the Privy Council.(62) To this course the federal government had agreed, “so long as it relatad to the definition of the westerly boundary of Ontario, but not so far as it related to the title to the lands thereby brought into question. (83)

The case was decided in favour of Ontario and the award of the arbiters of 1878 practically confirmed. On August 11, 1884, this decisicn was ratified by an imperial order-in-council. (67)

However MacDonald had not yet given UD. He had reserved the question of of the proprietory right to these lands and in l882 had stated, “Ieven if all the territorv Mr. Mowat asks for were awarded to Ontario, there is not one stick of timber, one acre of land, or one lump of lead, iron, or coal that does not belong to the Dominion government.”(65) He based this on the fact that the lands were Indian lands conveyed by them to the Crown. (66) A test case was around July l888 before the Privy Council and decided in favour

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Of Ontario on the ground that the title to the land was “vested in the Crown at the tine of the –union,” the Indian title was a mere encumbrance of burden.(67) Mowat had pleaded his own case with skill and had vanquished the foremost constitutional lawyers of the Conservative Party.”

Thus t he boundary dispute that had reduced the streets of Rat Portage to a “geographic no Man’s land” ended. The district of Rat Portage officially became part of the Province of Ontario and has remained in this position to the this day.

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