Algonquins are not being asked for a $350 “one-time registration fee” from their leadership in order to be members of Algonquin communities. Nor does membership bring eligibility for a $10,000 land claim bonus, free dental care or “full Indian status”

A letter, written in the name of Robert Potts, Chef negotiator for the Algonquins of Ontario (AOO) in their ongoing land claims negotiations with the Ontario and Canadian governments, was received by a small number of members of the Shabot Obaadjiwan, Mattawa, and Pembroke Algonquin communities. It was also circulated more widely via email, which is how it came to the attention of the Frontenac News late last week.

At first glance it resembles other communications sent out by Potts and the AOO in recent years. It contains the AOO logo and purports to be an update on the state of land claim negotiations. It is titled “Algonquin Negotiation Representatives AIP/Treaty negotiations with the governments of Canada and Ontario” and says “Dear Elector” beneath that.

It goes on to ask for the “nominal one time fee of $350” and then makes promises of cash, land, housing, tax-exempt status. It also says that anyone who does not join up will no longer be covered by hunting agreements that member communities have negotiated with the Ministry of Natural Resources.

“The letter is fraudulent” said Shabot Obaadjiwan Chief Doreen Davis even before I asked her about it when she picked up the phone on Tuesday morning. “We heard about while we were having a meeting in Mattawa last week. The last thing we would do is chase people for money. We are not promising people money either; the land claim is all about the future of our communities.”

She said that the matter has been turned over to the OPP to investigate.

For his part, Robert Potts thinks the letter may have been sent by someone who opposes the land claim.

"If you really want to get down to it, what's happening is that we're getting closer and closer to what we think will be an AIP [Agreement in Principle] of some consequence for everybody, and I think what's happening here is you're seeing some folks who are just desperate not to see any change trying to subvert and destabilize. That's not surprising, if you take the people who might be doing it, but it's really sad...what it really comes down to, (is) that you can't have an open debate and discuss meaningful matters in a conscientious way as opposed to using all kinds of dirty tricks like this,” he said in an interview that was published in the Daily Observer, a Pembroke-based newspaper.

The Ontario Algonquin Land Claim has been in various stages of negotiation for 20 years and there have been a number of changes in the way the Algonquin communities have been identified and have selected their representatives to the land claims process over those many years.

A number of individuals and communities have opted out of the process over the years, such as the Ottawa Algonquins under Paul Lamothe, and locally, the Ardoch Algonquin First Nation.

The third annual Algonquins of Ontario Nation Gathering is slated for the Oso beach in Sharbot Lake this Saturday.

The general public is invited to join up to 300 Algonquin Nation members from throughout the Ontario Algonquin Territory who are expected to attend.

According to Shabot Obaadjiwan Chief, Doreen Davis, the event has two major goals, the strengthening of the ties between people of Algonquin descent who have scattered over the years, and the sharing of Algonquin traditions and culture with the general population.

To accomplish this, the host Shabot Obaadjiwans have emphasized interactive displays, including muskrat skinning, birch bark canoe and basket making lessons, wild rice harvesting and preparation techniques, and more. A number of kids’ activities will take place throughout the day.

The sacred fire to mark the start of the gathering will be lit on Friday night and a sunrise ceremony early Saturday morning will be the official start of the event. Breakfast will be served after that. There will be three female drums at the event, which will start up in the morning, including the first performance by the newly formed Shabot Obaadjiwan Drum.

At 11:00 a.m. (Algonquin time) the Grand Entry of the Algonquin communities will take place. A meeting will be held in a large tent at the far end of the site (in front of the Family Health Team). The meeting, which will be an update and question and answer session about the ongoing Land Claim negotiations, is the only event of the day that is for Algonquin people only.

“The meeting will take about 45 minutes,” said Chief Davis, “and most if not all of the information that will be shared at the meeting will be included in the material about the land claim that will be available to the public.”

In the afternoon, there will be bandshell performances by Brittany Wally, Pirate on the Rideau and the headline act, Shane Yellowbird of the Samson Cree Nation in Alberta.

A former winner of the Aboriginal Entertainer of the Year at the Aboriginal People’s Choice awards and the Rising Star of the Year at the Canadian Country Music Awards, Shane Yellowbird's show, which starts at 2:30 pm, will be a highlight of the gathering.

There will be vendors on hand throughout the day, and at 5 p.m. everyone is invited, Algonquin and non-Algonquin alike, to share in a feast, courtesy of the Shabot Obaadjiwan. While there will be salads and vegetarian fare available, and chicken as well, wild game will be featured, including Algonquin staples venison and moose, all cooked by local chef Tim Cota.

The Gathering was made possible through a “New Relationship Grant” of $24,000 from the Ministry of Aboriginal Affairs as well as a number of corporate donations.

(Editor’s note: Because of recent events, the Shane Yellowbird show will have an added element of poignancy, a reminder of the issues facing Aboriginal peoples throughout the country. His five-year-old cousin, Ethan Yellowbird, was killed on Monday night, July 11, as he was sleeping in his bed. Ethan was struck by an errant bullet fired as part of apparent gang-related activity on the Samson Cree Nation.)

In the process of building Canada, the British imposed different languages (French and English), religions (Catholic and Protestant), and legal systems (French Civil Law and British Common Law) on the Algonquin Anishinaabe Nation and consequently divided us into two entities.

While what is Canada today consists of several provinces and two territories, in its early stages Canada consisted of Upper and Lower Canada, which are now the provinces of Ontario and Quebec. During the early stages of European exploration the main mode of transportation into the land mass we know as Turtle Island was what is now known as the Ottawa River.

The Algonquin bands located on both sides of the river were some of the first Nations recorded by Champlain so you can be sure that the French and British knew full well who we were. During European struggles for new land the Algonquin Anishinaabeg were allies with the French. For this, we were severely punished when the British eventually took over.

Members of the Algonquin Anishinaabe Nation were constitutional delegates during the 1764 Treaty at Niagara where Canada's four original constitutional documents were exchanged: the 1763 Royal Proclamation, the British and Western Great Lakes Covenant Chain Confederacy Wampum Belt, the Twenty-Four Nations Wampum Belt, and the Two Row Wampum Belt.

Following Creator's law, Indigenous Nations agreed they would share with the European Nations. These documents also collectively codify respect for Indigenous nations' jurisdiction and our right to land and resources; as well as codify the continued need to polish and work on our relationship with one another.

Regardless of the Algonquin Anishinaabe participation at the Treaty at Niagara, afterwards British Canada ignored our endless petitions for land and resources. This went on for centuries as the Algonquin submitted over twenty eight petitions asking that our right to land and resources be respected as outlined during the Treaty at Niagara. Regardless of this long time effort, members of the Algonquin Anishinaabe Nation were relegated to the margins. Yes, that is right; we were undesirable in the British eyes.

Historical records expose that British Canada argued an Algonquin Anishinaabeg settlement made adjacent land undesirable for the arriving British settlers. In 1853, through The Public Lands Act, our land was granted free to European settlers. Again in 1868, through The Free Grant and Homestead Act, our land was granted free to European settlers. The Algonquin, though, were not entitled. What is more, in 1927, Canada made it illegal for us to hire lawyers to carry our grievances for land and resources forward.

In 1864 the Algonquin living in Upper Canada were provided with the Golden Lake reserve while all further requests for land were then denied as we were told to go to Golden Lake. Of course many Algonquin opted to remain on their land where they existed long before settlers arrived. Regardless of this effort, many Algonquin lost their land when they continued to live by natural law leaving the land in the winter to hunt, as well as when they could not pay land taxes imposed as they remained within a subsistence versus the wage economy; or because they preferred to allow the animal beings to exist as the Creator intended them to be rather than farm the land as Europeans did.

To further punish the Algonquin Anishinaabe Nation we were also denied during the historic treaty process. In 1923, Canada once again ignored our participation in the 1764 Treaty at Niagara when our land and resources were identified under the terms of the Williams Treaty, yet we were not present during the negotiation process.

Eventually, after generations of petitions and only after we were in a particularly pitiful state of poverty and division, Canada entered into a land claims and self-government negotiation process with the Algonquin of Golden Lake, now Algonquin of Pikwàkanàgan First Nation. In this process only the Algonquin living in Ontario are involved, where through this process all Indian status members, approximately 1,800 members, are accepted as beneficiaries. So too are the approximately 6,000 non-status Algonquin accepted as beneficiaries.

Through two federal government policies -- the Comprehensive Land Claims Policy and the Inherent Rights Policy -- our jurisdiction, land, and land related rights are not protected but rather continue to be denied and placed within the confines of a small box. Through these policies Canada has imposed on us what it thinks we are entitled to: a very small percentage of our traditional territory and a one-time buy-out. This deal was tabled in November 2012. Clearly 117,000 acres which amounts to only 1.3 per cent of our traditional territory and $300 million is a bad deal.

This clearly violates the agreement codified in Canada's constitutional documents exchanged during the Treaty at Niagara. It is precisely for this reason that Russell Diabo refers to the current ninety three land claims and self-government so called negotiation tables as "self-termination tables." I agree, and that is why I, in part, paint my face black.

Dr. Lynn Gehl is an Algonquin Anishinaabe-kwe from the Ottawa River Valley. She has a section 15 Charter challenge regarding the continued sex discrimination in The Indian Act, she is an outspoken critic of the Ontario Algonquin land claims and self-government process, and she recently published a book titled Anishinaabeg Stories: Featuring Petroglyphs, Petrographs, and Wampum Belts. You can reach her at This email address is being protected from spambots. You need JavaScript enabled to view it. and see more of her work at www.lynngehl.com.

The fallout from the ruling by former Justice Chadwick for the Algonquins of Ontario to the effect that the names of 500 members of the Shabot Obaadjiwan First Nation are to be removed from the Algonquin electors' list is just starting to become apparent.

A number of those 500 people will be seriously affected by the decision because not only does it pull them out of the land claim, it also puts their very identity in limbo. The appeal only determined that the Algonquin descent of those who traced their ancestry to Simon Jude and Simon Gene Bedard cannot be verified. It did not determine that any other ancestry can be verified. The Bedard descendants, who have lived their entire lives with the knowledge that they have an Aboriginal heritage, will now have to establish that heritage through other means, and what those means are may be unclear.

Although determining their Aboriginal bloodline would not make the Bedard descendants “status Indians”, it would give them back their hunting rights, which are suddenly up for debate.

In addition to negotiating the Algonquin Land Claim, the Shabot Obaadjiwan have entered into a relationship with the Ministry of Natural Resources to manage the way their members hunt. If individuals carry a Shabot Obaadjiwan card, the MNR leaves it up to the First Nation to ensure that the hunt is managed and the species are being protected. The same is true of fishing.

Now that the Algonquin status of most of the Shabot has been relinquished, the inherent right to hunt that has been recognised by the Supreme Court for non-status First Nations peoples does not necessarily apply to those carrying Shabot Obaadjiwan membership cards.

That is, unless the Shabot Obaadjiwan turn all of the Bedard descendants out, and issue new cards to their other members.

Although the Shabot Obaadjiwan leadership has not spoken publicly since news of the appeal surfaced last week, there has been word that they are not going to accept the decision without a fight. Apparently there are a number of options under consideration, one of them being a court challenge to the appeals procedure itself.

Whatever the Shabot Obaadjiwan decide to do, it is clear that this whole scenario has opened up a rift within the Algonquin communities who have been sitting together for the last eight years at the negotiating table, and it was a rift among Algonquins that led to the Land Claim languishing for ten years before the current negotiating teams took shape in 2005.

There is a possibility that the vote on the Draft Agreement in Principle will be delayed or scuttled entirely due to internal squabbles, with dire consequences for the entire process.

There is likely too much at stake for all the players within the AOO for this extreme scenario to occur, but something that has long been dormant has been opened by the Bedard appeal. The Pikwàkanagàn First Nation did not see that simply being a Direct Descendant from an Algonquin person and being identified with one of the nine off-reserve communities was sufficient to make someone a beneficiary of the claim. They initially wanted to set some kind of a minimum blood quantum, a percentage of Algonquin DNA, perhaps less than is required for status under the Indian Act, but something more than was being offered.

In the end, the Pikwàkanagàn Council agreed to accept descendancy, but only to determine electors, not to determine beneficiaries.

One of the pieces of information that has come out is that this is still the case. An agreement has not yet been reached about who will qualify as a beneficiary to the land claim once a final agreement is reached.

The draft Agreement in Principle to the land claim has been controversial among rural landowners, municipalities, and interest groups such as hunting and fishing groups and cottage associations, as could have been expected. It has also been rejected by Algonquin individuals and communities who have opposed the process for years, as could also have been expected.

But the possibility of a new internal rift among the Algonquins of Ontario, which the Bedard appeal decision has opened up, could prove to be a much more difficult hurdle to overcome than the others. 

The Algonquins of Ontario (AOO) have been conducting an information/public relations campaign of late. They have been re-assuring nervous municipal officials, hunting and cottage groups, as well as neighbouring landowners, that the Draft Agreement in Principle for the Algonquin Land Claim will not cause undue harm to their various and varied interests.

As part of that campaign three meetings with municipal and provincial representatives were held. One of them was held at the Civitan Hall in Perth on June 3. Robert Potts, a lawyer with Blaney McMurtry in Toronto who is the lead negotiator for the AOO, spoke at the meeting

“From the start of the process, 22 years ago, the Algonquins have been trying to find solutions. That’s why they said Algonquin Park would remain a park right from the start, and that they would leave privately held land alone. They will bring the same spirit to finding solutions to problems that arise from the agreement,” Potts said.

North Frontenac Councilor Fred Perry, who attended the meeting, asked how municipalities are going to cover the added cost of providing fire, ambulance, and other services to some of the remote lands that are going to be transferred.

“As Crown lands they are covered by the MNR, but once they are transferred, it falls to us. I’m afraid that when all is said and done, the governments will disappear and leave us holding the bag,” said Perry.

“Well, the Algonquins aren’t going any where. They are going to be here, as neighbours, and as neighbours they will have to work out arrangements with the municipalities, with the loggers, with everyone,” Potts replied.

He said that the AOO is hoping to bring the Draft Agreement in Principle to a vote by the end of 2013. That will be followed by a four to five year process towards a final treaty, which will give the Algonquins time to work on developing a governance and administrative structure to handle the financial and land aspects of the deal, which calls for a $300 million cash transfer and a 117,500 acre land transfer.

“The money will be a tax free payment. It will be held in trust and invested, so the amount will grow over time,” Potts said.

After the formal meeting was over, Bob Potts was available for short interviews.

It was then that he revealed that the appeals process for Algonquin electors has been completed, and in one of the largest appeals, the ruling by Former Justice Chadwick, who was hired to conduct the process and make rulings, is that the descendants of Simon Jude Bedard and Simon Gene Bedard do not meet the criteria of direct Algonquin descent and will therefore be removed from the voters’ list. They will also not be eligible as beneficiaries to the final settlement.

The implications of this to the membership of the Shabot Obaadjiwan First Nation are large. Roughly 500 of the 750 members of the Shabot Obaadjiwan are descended from the Bedard line.

Well-known Aboriginal families in the Sharbot Lake area such as the Badour, Cota, and Hollywood families are no longer included in the Algonquin Land Claim.

For years there have been questions about the heritage of families in the area. Cathie Sharbot Duchene, a descendant of Francis Sharbot, for whom Sharbot Lake was named, claims that the ancestry of her family is Mohawk, as did Crow Lake historian Lloyd Jones.

James Meness is a member of the Council of the Pikwàkanagàn First Nation and the land claim negotiating team. He launched the appeal of the Bedard line.

We called two of the people on the voters’ list, and they said they have not yet received notification of the decision.

Coincidentally, they also both said they did not feel they had lost any of their legitimacy as Aboriginal people through the decision by the appeals committee, even if it means they no longer are electors or beneficiaries of the land claim.

A phone call to Shabot Obaadjiwan Chief Doreen Davis on Tuesday morning was not returned before press time. 

Algonquins Of Ontario Launch Information Campaign

by Jeff Green

Ever since the draft Agreement in Principle (AIP) for the Algonquin Land Claim was released at the tail end of 2012, there have been two competing streams of information coming out to the public about the land claim and the AIP.

Officials from the two governments involved, particularly the government of Ontario, have been putting a positive spin on the agreement, while a coalition of groups including the Federation of Ontario Cottage Associations (FOCA), and the Ontario Federation of Anglers and Hunters (OFAH) have been critical of the agreement, pointing out a number of grey areas that are open to varying interpretations.

Among the harshest of the criticisms is that the consultations with outside groups prior to the release of the AIP seem to have had no impact on the document that was released in December of 2012.

At public events organized by FOCA/OFAH the organizers took pains to point out that the concerns they have are directed towards the governments involved and not the Algonquins. However, at meetings organized by both the Government of Ontario and the FOCA/OFAH coalition, a number of the speakers have made highly critical, sometimes inflammatory remarks about members of the Algonquin community.

In recent weeks, municipal politicians in the territory have begun to meet and they have voiced their own concerns, mainly about the land dispensations that are included in the AIP within their jurisdictions.

As all of this has been going on, the First Nation at the centre of what has become a growing storm of dissent, has not spoken out as a group.

The Algonquins of Ontario are (AOO) made up of the Council of the Pikwakanagan First Nation and Algonquin Negotiation Representatives (ANRs) from 9 off-reserve (and non-status in relation to the Indian Act of Canada) Algonquin communities within the land claim territory. Among these communities are the Snimikobe and Shabot Obaadjiwan in our vicinity.

They have launched their own information campaign this month, which includes a series of articles (the first of which is reprinted below) as well as three meetings with politicians to be held over the next two weeks.

The Algonquin Land Claim – A Journey Of Reconciliation

by Robert Potts, principal negotiator and senior legal counsel for the Algonquins of Ontario

The Algonquins of Ontario (AOO) have reached a historic point on our journey of survival, rebuilding and self-sufficiency – a journey of reconciliation – and one that includes reaching out and building relationships with our neighbours within our traditional territory. This journey began nearly 250 years ago when the first Algonquin Petition was submitted to the Crown in 1772.

The Algonquins of Ontario claim includes an area of nine million acres within the watersheds of the Kichisippi (Ottawa River) and the Mattawa River in Ontario. Unlike most other First Nations, the AOO have never had a land surrender treaty with the Crown. There are currently more than 1.2 million people living and working within this unceded territory that covers most of Eastern Ontario, including the nation’s capital. There are also 85 municipal jurisdictions fully or partially located within the settlement area, including 76 lower and single tier municipalities and nine upper tier counties.

Algonquins have lived in present-day Ontario for thousands of years before Europeans arrived. Today, the AOO are comprised of ten Algonquin communities. These include the Algonquins of Pikwàkanagàn First Nation and the Algonquin communities of Antoine, Kijicho Manito Madaouskarini (Bancroft), Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Shabot Obaadjiwan (Sharbot Lake), Snimikobi (Ardoch) and Whitney and Area.

The ten communities are represented by 16 Algonquin Negotiation Representatives (ANRs) who are elected by Algonquin Voters for three-year terms. The ANRs include the chief and council of the Algonquins of Pikwàkanagàn First Nation and one representative from each of the nine other Algonquin communities.

Based on a protocol signed in 2004, these communities are working together to provide a unified approach to reach a settlement of the Algonquin land claim.

On December 13, 2012, the Preliminary Draft Agreement-in-Principle (AIP) was released.  The Preliminary Draft AIP is a culmination of many years of negotiations between the AOO, Canada and Ontario.  Our negotiations, beginning in 1991, continue to build on the determined efforts of the Algonquin people to be heard. It has been a long journey and it is far from over.

Elements of the Preliminary Draft AIP serve as key building blocks to: 1) reaffirm the honour and pride of the Algonquin people; 2) ensure the survival and prosperity of the Algonquin people and culture; 3) raise awareness and understanding about Algonquin history and culture; 4) stimulate cultural and economic development opportunities; and 5) achieve reconciliation of the relationships between the AOO and the Governments of Canada and Ontario.

As we continue our journey, the Algonquins of Ontario are united in our commitment to achieving a just and equitable settlement of this claim. We look forward to working together as neighbours in the spirit of reconciliation.

This column is the first in a biweekly series providing insights into Algonquin history, the foundation for the land claim, elements of the Preliminary Draft AIP and next steps in the journey. The next column will focus on the transfer of funds and the land component of the Preliminary Draft AIP. For more information visit www.tanakiwin.com.

Capital Transfer And Lands

by Robert Potts, principal negotiator and senior legal counsel for the Algonquins of Ontario

As the Algonquins of Ontario (AOO) continue to work toward a modern day treaty, they look forward to a bright future of self-sufficiency, economic stability, and opportunities for current and future generations.

Key elements of the current Preliminary Draft Agreement-in-Principle (AIP), released on December 13, 2012 by the AOO, Ontario and Canada, include a capital transfer and land component. These elements are essential to build a long-term sustainable future for the Algonquin people, and respond to present day social, cultural and economic needs.

The Preliminary Draft AIP states that Canada and Ontario will transfer $300 million to one or more Algonquin Institutions, which will be Trusts established for the benefit of the Algonquin beneficiaries. These funds will be transferred in three payments over a two-year period starting on the Effective Date of the Final Agreement.

Income generated from the capital transfer will make a real and positive difference in the cultural and societal fabric of the Algonquin people by removing barriers for the creation of economic opportunities and social support programs. These funds will also lay a foundation for a rewarding and vibrant future for Algonquin youth by increasing employment opportunities and access to education and training.

The Algonquin Institutions that will receive, manage and invest this capital will be transparent and accountable to all Algonquin beneficiaries. The AOO will develop the governance structure, mandates and powers of these Institutions to ensure the most effective protection of all beneficiaries’ interests.

Land has been critical to the way of life for the Algonquins and will play an important role in the cultural recognition and future economic sustainability of the AOO. The Preliminary Draft AIP establishes that Ontario will transfer not less than 117,500 acres of Provincial Crown Land to one or more Algonquin Institutions. This lands package consists of more than 200 parcels of land ranging in size from a few acres to more than 30,000 acres.

The AOO’s proposed land selections were each chosen for the following purposes:

(a) Historical/Spiritual

(b) Community Recreation and Environmental Protection

(c) Economic Development, Resources, Tourist Commercial

(d) Future Institutional, Residential, Industrial Development

The Provincial Crown Land in the Settlement Area is 3.3 million acres. Nearly 2 million acres constitutes Provincial Parks, including Algonquin Park (1.8 million acres), where the AOO will have extensive management planning input. This leaves approximately 1.3 million acres of Provincial Crown Land to be considered for AOO land selections. The proposed lands package comprises approximately 4% of the Provincial Crown Land in the land claim Settlement Area.

Through the transfer of this land, existing access to cottages, private properties, or navigable waterways will not be lost or compromised, and no new First Nation reserves will be created.

A Treaty will provide economic development opportunities that will not only benefit the AOO, but will also provide a tremendous benefit to our neighbours living within Eastern Ontario.

This column is the second in a series providing insights into Algonquin history, the foundation for the land claim, elements of the Preliminary Draft AIP and next steps in the journey. The next column will focus on the Parks and Protected Areas component of the Preliminary Draft AIP. For more information visit www.tanakiwin.com.

Parks And Protected Areas

by Robert Potts, principal negotiator and senior legal counsel for the Algonquins of Ontario

The Algonquins of Ontario (AOO) have long held a way of life deeply rooted in conservation and ecological integrity. Environmental stewardship of land and resources has been an integral practice of the Algonquins since time immemorial.

With the release of the Preliminary Draft Agreement-in-Principle (AIP) in December 2012, the AOO once again reaffirmed their desire to work with their partners and neighbours to ensure that ecological integrity is the first priority in the management of Protected Areas, specifically Provincial Parks and Conservation Reserves in the Settlement Area. The Preliminary Draft AIP proposes a number of elements to be reflected in a Final Agreement, some of which are highlighted below.

Participation in Protected Area Management Planning - The Final Agreement will provide that Ontario will appoint at least one person nominated by the AOO to the Ontario Parks Board of Directors. This representation will ensure that the voice of the AOO is heard, and that lessons and practices learned from years of sound management and living in harmony with the land and resources are shared. Should other boards be established related to Protected Areas in the Settlement Area, the AOO will also have representation.

The Preliminary Draft AIP also proposes that the Final Agreement will set out three levels of Algonquin engagement in Protected Area management planning:

Level 1: The AOO will review and comment on Protected Area Management Plans and Management Statements prepared by Ontario.

Level 2: The AOO, as members on the Protected Area planning teams, will participate in the development and amendment of Management Plans and Management Statements.

Level 3: In Algonquin Provincial Park and 15 other identified provincial parks, the AOO and the Protected Area Manager will work through an Algonquin Planning Committee to jointly develop, amend and examine Management Plans, Management Statements, Secondary Plans, Natural Heritage Education Programs and any other strategic plans for Protected Areas.

Access to Protected Areas - The Final Agreement will also deal with access roads, trails, use of motorized vehicles and other access issues in Protected Areas through Protected Area Management Planning processes that consider the maintenance of ecological integrity as well as the Algonquin interest in access to Protected Areas for harvesting.

The AOO will work with Ontario Parks and the Algonquin Forestry Authority to develop Forest Management Plans that deal with the construction and decommissioning of forestry roads and water crossings in Algonquin Provincial Park.

Cultural Recognition in Protected Areas - Leading up to a Final Agreement, the AOO and Ontario will work together to explore the development of a signature project such as a cultural centre, museum or other tourist destination in Algonquin Provincial Park or in another Protected Area, subject to the appropriate feasibility studies. Such a project will recognize the interrelations of the land and the Algonquin way of life, while celebrating Algonquin culture.

Fundamental to this Chapter of the Preliminary Draft AIP is the continued sharing of long-standing and effective conservation and management practices by the AOO with their partners. The AOO are committed to ensuring the vitality and future prosperity of all provincial parks and conservation reserves within the Settlement Area, for the continued use of the AOO and our neighbours.

This column is the third in a series providing insights into Algonquin history, the foundation for the land claim, elements of the Preliminary Draft AIP and next steps in the journey. The next column will focus on the existing harvest management practices of the Algonquins of Ontario. For more information visit www.tanakiwin.com.

Harvesting And Conservation

by Robert Potts, principal negotiator and senior legal counsel for the Algonquins of Ontario

Since time immemorial, harvesting has been central to the Algonquin way of life. The Algonquin traditional practices of hunting, trapping, fishing and gathering flora for medicinal, food and other purposes, reflect the history of Algonquins as a hunting and gathering society. These practices embody an inherent respect for the environment and a fundamental commitment to the sustainable management of resources which has been passed from generation to generation.

The right of Aboriginal peoples in Canada to engage in traditional activities that are fundamental to their unique histories, cultures and spiritual beliefs is recognized by the Constitution Act, 1982 and upheld by the Supreme Court of Canada. Under this legal framework, the Algonquins of Ontario (AOO) currently possess the right to harvest wildlife, fish, migratory birds and plants for domestic purposes 365 days per year. This right is subject only to measures necessary for conservation and public health and safety. As such, a Final Treaty will not create Aboriginal rights for the AOO but rather, it will clearly articulate what these rights are and how they may be exercised.

As stewards of the land and resources within their Traditional Territory, the AOO recognize the fundamental importance of protecting viable populations of flora and fauna for generations to come. Since 1991, the AOO have pioneered ground-breaking harvest management plans for moose in Algonquin Park and Wildlife Management Units surrounding the park. These plans contain clear provisions which set out when and where the harvest by Algonquin harvesters can occur, what the total harvest is to be and who is eligible to participate through a tag system.

Harvest limits for moose and elk are established in cooperation with the Ontario Ministry of Natural Resources (MNR), based on data that addresses wildlife conservation and the sustainability of wildlife populations. The AOO is the first Aboriginal group in Canada that has voluntarily enacted these types of harvest management practices.

Over the last decade the AOO, working in partnership with the MNR have become important players in moose aerial inventory surveys in Algonquin Park. This involvement expanded to elk aerial inventories beginning in early 2012. The AOO continue to work with the MNR to develop a coordinated approach to enable the effective participation of the Algonquins in the collection of data relating to fish and other wildlife across the Territory. To date, the data collected for both moose and elk have assisted in the development of the AOO annual harvest management plans.

The AOO recognize that sustainable harvests are fundamental not only to the Algonquin way of life but also to our neighbours living throughout our Traditional Territory. As demonstrated over the past 20 years, the AOO are committed to working together to ensure the protection of viable populations of fish and wildlife for future generations.

This column is the fourth in a series providing insights into Algonquin history, the foundation for the land claim, elements of the Preliminary Draft AIP and next steps in the journey. For more information visit www.tanakiwin.com.

Forestry

by Robert Potts, principal negotiator and senior legal counsel for the Algonquins of Ontario

Forested areas have been integral to the Algonquin way of life since time immemorial. The proposed Forestry Chapter of the Preliminary Draft Agreement-in-Principle (AIP) recognizes the importance of the forest industry in the Algonquin Settlement Area to both the Algonquins of Ontario (AOO) and their neighbours.

The cornerstone of this Chapter is the commitment by the AOO and Ontario to work cooperatively to maintain support for the existing forest industry, while increasing Algonquin participation in, and benefits from the forestry sector. This commitment reflects the importance of forestry to the culture, economic stability and prosperity of the AOO.

Through several proposed initiatives and collaborative partnerships, the Preliminary Draft AIP carves out more meaningful participation for the AOO within the forest industry. A number of proposed elements to be reflected in a Final Agreement are highlighted below.

Economic Development and Training Opportunities

Key to the Forestry Chapter is the development of economic opportunities and supporting measures to increase Algonquin employment and participation in the forest industry throughout the Settlement Area, including in Algonquin Park. These initiatives include:

• notifying the AOO of government contracts and job opportunities related to forestry in Algonquin Park

• encouraging potential Algonquin employment, training and contract opportunities with Sustainable Forest License (SFL) holders

• the consideration of the potential for Algonquin benefits as a relevant factor when Ontario is evaluating tender bids or other government contracting procedures

• the provision of training opportunities by Ontario and the Algonquin Forestry Authority for the AOO in the forestry industry in Algonquin Park, including silviculture

Forestry Management and Planning

A Final Agreement will also set out the nature and scope of Algonquin participation in forestry management and planning, including representation on planning teams, both inside and outside of Algonquin Park. In addition, Ontario will appoint at a minimum one person nominated by the AOO to the Board of Directors of the Algonquin Forestry Authority for Algonquin Park.

Ontario continues its commitment to consultation with the AOO on any new forestry policy initiatives within the Settlement Area, including the forestry tenure and pricing review.

Moving Forward

The AOO, Ontario and representatives for SFLs located within the Algonquin Settlement Area have already begun working together to address forestry matters related to the Algonquin treaty negotiations as well as to collaboratively develop economic opportunities to enhance the competitiveness of the region.

As we move forward towards a historic modern-day treaty, the AOO are committed to working in partnership with Ontario and our neighbours to foster a sustainable forestry industry built on a foundation of economic prosperity, conservation and stewardship.

This column is the fifth in a series providing insights into Algonquin history, the foundation for the land claim, elements of the Preliminary Draft AIP and next steps in the journey. The next column will focus on the Heritage and Culture component of the Preliminary Draft AIP. For more information visit www.tanakiwin.com.

Letter from Weslemkoon Association re land claim

Council received for information a letter from the Weslemkoon Association, which asserts that the Canada and Ontario negotiating teams have failed to consult with non-Algonquin residents regarding the Algonquin land claim.

The letter also asserts that the land claim provides unlimited fishing and unlimited hunting on Crown Land for Algonquins. This position is countered by land claim negotiators who state that fishing and hunting are inherent rights for Aboriginals and are not subject to the land claim negotiations.

The Weslemkoon Association asked that the federal and provincial governments commit to the appointment of an independent negotiator whose “responsibility will be to represent the interest of non-Algonquins, including members of the [Weslemkoon Association] affected by the land claim.”

Telcom phone service 

Council has agreed to contract phone service from Telcom, a re-seller out of Barrie. Telcom says it can save 36% off the current cost for phone service for the township in the coming year, a savings of over $7,000. For their efforts, Telcom will receive 50% of the “verified monthly savings” for a term of 18 months.

He said what? 

Deputy Mayor Bill Cox made reference to an article in the Frontenac News (August 15, 2013), which quoted North Frontenac Mayor Bud Clayton saying, “We are being held hostage for fire protection by another council, whom I might add we are subsidizing."

The statement was in reference to a decision by Addington Highlands Council not to send out warning letters to residents who defy burn bans. The decision affects North Frontenac because the two townships have joint responsibility for the Barrie/Kaladar Fire Department.

“If we are being subsidized I'd like to know how much,” said Cox, “and then I'd like to tell him that I appreciate it.”

Tanglewood Marina 

Because of contaminated recycled bins (i.e. containing non-recyclable items) the township is gong to refuse to accept waste in large bins they gave to Tanglewood Marina on Weslemkoon Lake years go. They are asking for the return of the 96 litre bins and will provide Tanglewood with 12 small blue box bins instead in the hopes this will alleviate the problem. The township is billed $200 by its recycling contractor when the recycling stream is contaminated with garbage.

When is a well not a well? When the water is not potable water intended for human consumption, is it a well? This question was debated at the Addington Highlands Council meeting in a discussion of a well that serves the washrooms at the Flinton library. The water is taken from the river and is only used to flush the toilets at the library. The question has arisen because the person who has purchased the former United Church, next to the library, wishes to purchase an unused road allowance between the properties to install a septic system, and septic systems must be a certain distance from wells. Council decided to first get a water test done for the well. Reeve Hogg said after the meeting that the well in question is basically just a hose that takes water from the river.

Senior of the Year award: Council received two names from the public to be nominated for a provincial Senior of the Year award: Henry Hogg and Ruby Malcolm. Hogg, who is the reeve of the township, declined the nomination and council will nominate Ruby Malcolm for the award.

Algonquin Land Claim: The Municipality of East Ferris forwarded a resolution saying that their council "does not support the transfer of crown lands to the Algonquin First Nation and that further no crown lands over which individual home owners access their private residences should be transferred to the Algonquins of Ontario". Council voted to support the resolution.

Reeve Hogg reported on attending a public meeting in Madawaska on April 6 that was called by the Township of South Algonquin to give municipalities an opportunity to voice their concerns about the Algonquin Land Claim process. He said that at the meeting there was considerable concern expressed about the ramifications of the Agreement in Principle for the affected municipalities and the lack of consultation with them.

Hogg told his council that it appears the rules that were initially announced for the Agreement in Principle are already changing. He said, "Unless we kick up a fuss now the whole municipality will be penalized."

Council discussed drawing up a resolution but the Township of South Algonquin was also going to draw up a resolution after the April 6 meeting, so Addington Highlands will wait until it is received. They discussed sending their objections to the Ontario chief negotiator, Brian Crane.

When interviewed after the meeting, Reeve Hogg said that among the township’s main concerns are the costs of having to apply zoning to Crown land that is slated to be turned over to the Algonquins. That land would then become privatized and the township could be required to provide services such as fire and ambulance and to maintain roads. He said that the lands are not on main traveled roads; they are undeveloped lands in areas that do not have a big tax base.

Landclaim Meeting - The Township of South Algonquin is inviting members of other municipal councils and members of Parliament within the Algonquin Land Claim area to a public meeting in Madawaska on April 6. The meeting is being held to give other municipalities an opportunity to voice their concerns about the claim process and the Agreement in Principle. The invitation says that very little or no public input was requested by the Land Claim negotiating team, but that "The residents in the Land Claim area, both Native and Non-native are the people who will have to live with the Agreement forever, when passed."

The letter adds, "It is our hope that a unified voice of all concerned municipalities will have a positive effect on the Agreement."

Several members of Addington Highlands Council expressed an interest in attending the meeting.

Equipment for tender - Council Adam Snider brought forward a motion that all used capital equipment being disposed of by the township be done so by public tendered sale, and that staff and council members, and their immediate family would not be eligible to purchase the equipment. Usually the equipment is traded in when newer equipment is bought, so this policy would replace that practice. The motion was adopted.

Northbrook Canteen to be demolished - Council voted to go ahead with plans to demolish the old canteen building beside the old skating rink in Northbrook and re-route its electrical wiring. The building has not been used for several years. The rink boards will be taken down as well.

Senior of the Year award - Council is starting to seek nominations from the community for a provincial Senior of the Year award program

The Ministry of Aboriginal Affairs (Ontario) has sponsored a series of meetings throughout the region to talk about the Agreement in Principle that has been reached between the Algonquins of Ontario and the governments of Ontario and Canada.

Last week meetings were held in Ottawa, Perth and Kingston, and this week the travelling land claim road show will be in North Bay, Pembroke, Mattawa and Bancroft.

The meetings are set up as drop-in information sessions. There is a lot of information available about the agreement, lots of maps on the wall, and lots of detail about the agreement itself. Eager Ministry of Aboriginal Affairs officials are available at every turn to explain exactly how far the Algonquin Land Claim process has come and how much further it has to go.

The meetings run from 3:00 until 8:00 pm, and they shift from quiet drop-ins to free-wheeling question and answer sessions at 6:30 when seats are set out for a public forum. The senior negotiators for all three parties to the agreement present very brief remarks and then face the public.

A parallel set of meetings took place earlier in February in most of the same cities. They also featured maps on walls, copies of documents, etc., but they were put on as primers by groups that are critical of the land claim process and the Agreement in Principle as well. The Ontario Federation of Anglers and Hunters (OFAH), the Federation of Ontario Cottage Associations (FOCA) and the Canadian Sport Fishing Industry Association (CSFIA) jointly sponsored those meetings and also an accompanying website, Algonquinlandclaim.com.

Matt Demille, a researcher with the OFAH, pointed out some of his organisation's key concerns with the Agreement in Principle, such as: potential uses for the 200 parcels of land that are going to be transferred to the Algonquins of Ontario; some of the muddy language in the agreement as regards harvesting rights; and the lack of clarity about what kind of a park will be established in North Frontenac surrounding Crotch Lake.

But the leaders of the three groups had a more basic political point to make. They said they have participated in stakeholder meetings with the governments about the land claim for 15 years, but at those meetings the governments shared little or no information and never listened to any of the concerns expressed by the stakeholders.

“We have been vocal in asking questions and demanding answers over the years, and we’ve got none. As far as the input at the public meetings that are coming up having an impact, don’t hold your breath. But it is important to show the government we will not roll over,” said OFAH President Bill Blackwell.

I attended one of the OFAH/FOCA/CSFIA meetings on February 22, and the general feeling that I came out of the meeting with was that there is a lot of anger and mistrust, directed not only at the government but at the Algonquins as well.

I also attended the Ministry of Aboriginal Affairs-sponsored meeting in Perth last Thursday night, March 7, and the public session at that meeting did not change that impression at all.

The first question at the March 7 meeting immediately strayed from the land claim into a long-standing grievance.

“I'd like to talk about the need for conservation of resources,” the questioner said, “I'm wondering whether, once the land claim is settled, there will be any restrictions on the Algonquins netting Walleye in the spring. Will they continue to have the right to rape the walleye population? I'm sick of seeing Algonquin from Sharbot Lake spearing walleye and using chicken wire to block streams, while fisheries officials do nothing. Was chicken wire part of their traditional harvesting patterns hundreds and thousands of years ago?” said the man, who identified himself as being involved in Walleye spawning programs in Westport.

Brian Crane, who is a lawyer and the long-serving chief negotiator (since 1998) for Ontario, pointed out that the land claim is not about settling Aboriginal rights.

“Under the law the Algonquins have Aboriginal rights to hunt and fish and there cannot be an agreement that abridges those rights. The agreement will not extinguish those Aboriginal rights, but there is also a conservation issue at play. That is the job of the fisheries department.”

The second questioner of the night then came forward.

“Somehow or other we all have to get along together. Rights that go to one and not another end up looking preferential. Will this agreement draw us together or will it push us further apart?”

This question cuts to the heart of the entire public debate about the land claim.

The land claim is an attempt to resolve a legal issue of jurisdiction over the land we all live on, the land where many of us were born and where our parents were born and where our children were born. The land we have invested our energy in and the land from which we draw the water that keeps us alive.

The property we own, the businesses and institutions we have built over the centuries, are all located on land that was never legally acquired by the Government of Canada. Since everything we have built here flows from land grants that came from Canada, and its junior partner, Ontario, we have a collective interest to settle this land claim once and for all.

That is all well and good for lawyers and government officials, but on the ground, the concerns expressed at the meetings are more concrete.

How can one person, by virtue of an Aboriginal right, have the right to trap Walleye in chicken wire during the crucial spawning season, when there is a crisis in the Walleye fishery?

For that matter, how can the Shabot Obaadjiwan First Nation operate smoke shops with impunity when shopkeepers across the road have been hounded out of selling any kind of cigarettes by the Smoke Free Ontario Act?

What does that have to do with reconciliation and with living together into the future?

The land claim will head behind closed doors again after the public flurry we are seeing this month. It will not emerge to the public for another 5 years or so, at which time it will truly be a fait accompli.

In the interim there is time for the local Algonquin communities to begin to move on from the land claim and the pre-occupation with enrolment that they have been engaged in for years, and begin to prepare for a new role as landholding institutions with economic clout, and as First Nations that are ready to take a central role in the cultural life of our local communities.

After all, the distinction between indigenous and non-indigenous people in our communities is rather subtle and is only one of the many elements that define what is in reality an integrated whole.

To move forward we will have to come out of the shadows more, however. We need to hammer out our differences in our own communities and not in front of government officials and lawyers who live somewhere else.