Pikwàkanagàn Protest Against Land Claim AIP

Jeff Green | Mar 02, 2016

by Jeff Green

A movement has been growing among many of the members of the Pikwàkanagàn Algonquin First Nation, and on Sunday (February 28) it bubbled over in a peaceful march by demonstrators in front of the council office on the reserve.

Led by the Grandmothers of Pikwàkanagàn, the protesters are calling for the elected council of Pikwàkanagàn, which is the only Algonquin reserve in Ontario, to reject the Agreement in Principle (AIP) for the Ontario Algonquin Land Claim.

A vote on the AIP is scheduled for Saturday, March 5 in Pikwàkanagàn, and the protesters have given their council until March 4 to respond to their demands.

The protest follows a community meeting that took place two weeks ago, and a subsequent petition, demanding that the chief and council withdraw Pikwàkanagàn from the ratification vote and begin discussions with the community on the terms of an acceptable AIP.

Pikwàkanagàn council members have a lot at stake in seeking ratification of the AIP, as all of them are part of the team that negotiated it, along with representatives from nine non-status Ontario Algonquin communities.

A report from Postmedia says that Pikwàkanagàn Chief Kirby Whiteduck addressed the demonstrators on Sunday, and said that the AIP is not a legally binding document but only sets the stage for further negotiations.

Greg Sarazin was chief of council and one of the negotiators for Pikwàkanagàn during the first 10 years of the process. He is now the media spokesperson for those in the community who oppose the AIP and on February 22, he delivered a press release outlining community concerns.

"Details of the proposed AIP have just recently come to light and members of the First Nation are coming to realize the scope of the damage that will be done to them, their children and to Pikwàkanagàn 's future.

“Over the past several years, community members have provided input to the chief and council on what was acceptable and what would not be acceptable in a settlement of the Algonquin land claim. Our concerns have fallen on deaf ears. The proposed AIP contains language that leads to a loss of identity as an Algonquin First Nation.”

As Sarazin explained in a telephone interview early this week, there are a number of clauses in the AIP that raise concerns about its impact on the future of Pikwàkanagàn. He said that when he raises those concerns with the council and Chief Kirby Whiteduck, “There is no clarity; there are just statements and vague promises that clearly contradict what is written in the AIP document. The AIP itself is a written document that is being voted on.”

The AIP says that with the agreement, Algonquin rights will be “extinguished”. This is something that will affect the Pikwakanagan members in particular, since among the 7,000 Algonquin electors qualified to vote on the AIP, they are the only ones who have status under the Indian Act.

In particular, Sarazin points to provision 12.4.1 of the AIP, which says that “Section 87 of the Indian Act will have no application to any Beneficiary, Algonquin institution or Settlement Lands as of the Effective Date."

Section 87 is the provision in the Indian Act that exempts status Indians living on reserves from the tax system.

“My reading of the AIP, as well as a number of the statements made by negotiators, leads me to be concerned that a commitment to enter self government negotiations has already been given by Chief and Council and that the terms committed to will extinguish Pikwàkanagàn members' rights and bring an end to Pikwàkanagàn.”

Sarazin said he is afraid that Pikwàkanagàn will be turned into a municipality like all others in Ontario, and “municipality designation means extinguishment of constitutionally protected section 35 Aboriginal rights and assimilation of Pikwàkanagàn. There is no indication that there is any plan for community members who will suddenly have to pay taxes on what is no longer Indian reserve lands.”

There have also been statements by the federal government that only heighten Sarazin's fears.

In 2012, in a letter to municipal chief administrators, federal land claim negotiator, Brian Crane, explained the federal government's position on the future of Pikwakanagan after the land claim is finalized.

“12.4.1 reminds the Algonquins that the s.87 Indian Act tax exemption will be discussed in the context of these self-government negotiations. The federal government has made its position clear that according to Canada's policy, after a self-government agreement has been negotiated for Pikwàkanagàn, the Pikwàkanagàn reserve will cease to exist and the s.87 tax exemption will not apply.”

In addition to being a spokesperson for the community group, Greg Sarazin owns one of the dozen smoke shops on the reserve who together employ around 60 community members.

“If Pikwàkanagàn ceases to be a reserve all the smoke shops will be out of business. The entire economy of Pikwàkanagàn will be wiped out,” he said.

According to Sarazin, the community meeting, the petition, which he said has been signed by over 60% of the community, and the grandmothers' protest, all amount to a community decision-making process.

“If council is looking for direction from the community, they already have it,” he said.

There may be a protest on Friday as the Grandmothers of Pikwàkanagàn will be seeking answers from council in advance of Saturday's scheduled vote.