September 15, 2015

Prime Minister Stephen Harper. CPC

Mr. Thomas Mulcair, Leader, NDP

Mr. Justine Trudeau, Leader, LPC

Mr. Gilles Duceppe, Leader BQ

Ms. Elizabeth May, GPC

Abitibi-Baie James-Nunavik-Eeyou

Mr. Romeo Saganash, NDP

Mr. Luc Ferland, BQ

Mr. Patrick Benoît, GPC

Mr. Steven Hébert, CPC

Pontiac

Mr. Mathieu Ravignat, NDP

Mr. William Amos, LPC

Mr. Nicolas Lepage, BQ

Mr. Colin Griffiths, GPC

Mr. Benjamin Woodman, CPC

Re: Questions to Main Federal Leaders and Candidates in

Abitibi-Baie James-Nunavik-Eeyou and Pontiac Federal Ridings

Dear Federal Leaders and Candidates:

We are the Algonquins of Barriere Lake (also known by our Algonquin name, the Mitchikanibikok

Inik). We are a First Nation community of approximately 560 people living within our territory,

situated in the province of Quebec, a 3-hour drive north of Ottawa. Our central issue with the

Federal Government involves a resource co-management agreement signed between the

community, Canada, and Quebec in 1991 called the Trilateral Agreement. This agreement

proposed a vision of peaceful co-existence between Indigenous peoples, industry, and the settler

governments, in particular to manage resources and land use in the area. However, the agreement

has never been fully implemented and the failure of governments to honour the agreement has led

to collateral forms of damage and fall-out that continue to create tensions, financial crises, and

disruption in the region. In light of this history, Barriere Lake is reaching out to the main federal

leaders and regional candidates to seek commitment to addressing these crucial local issues.

MITCHIKANIBIKOK INIK

Algonquins of Barriere Lake

Les Algonquins du Lac Barriere

KITIGANIK –Rapid Lake – Lac Rapide

Quebec J0W 2C0

Telephone: (819) 435-2181 Fax: (819) 435-2181

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Our questions are as follows (further background information provided below):

1. If your party forms the government, will you agree to resuming of full federal participation

in the Trilateral Agreement, including those aspects of the 1998 Agreement signed with

Quebec, which require federal involvement?

2. If your party forms the government will you agree to engaging in good faith negotiations

to clarify the financial situation of our First Nation as provided in the Special Provisions

attached to and forming part of the Funding Arrangements between ABL and DIAND from

September 1997 until March 31, 2007, including the issue of compensation for the decision

by DIAND of January 23, 1996, to place our First Nation into Third Party Management?

3. If your party forms the government will you agree to fulfilling the terms of the

Memorandum of Mutual Intent (“MMI”) signed by then ABL Chief, Harry Wawatie, and

then DM of DIAND, Scott Searson, on October 21, 1997, and to this end, to negotiate a

schedule and budget for fulfilling the elements of the Global Proposal, attached to the

MMI, including funding to enable the ABL to participate in negotiations with AANDC?

4. If your party forms the government will you agree to negotiate a suitable joint

administration regime for the delivery of federal programs and services?

5. If your party forms the government will you agree to the appointment, as soon as

practicable after forming government, of a federal negotiator to negotiate the above-noted

items on behalf of the federal government, mandated by and reporting directly to the

Minister or the DM of AANDC in consultation with our Special Representative Mr.

Clifford Lincoln and myself as Chief to identify a federal negotiator mutually acceptable

to AANDC and our First Nation?

Background

The electoral boundaries of the Abitibi-Baie James-Nunavik-Eeyou and Pontiac Federal Ridings

have been imposed over our traditional territory. In the 1991 resource co-management agreement,

this traditional territory was recognized as the Trilateral Agreement Territory.

Our People have homes at our traditional settlement of Barriere Lake and in areas/watersheds in

the Abitibi-Baie James-Nunavik-Eeyou Federal Electoral Riding. We also have an Indian

Reserve at Rapid Lake, and many of our People have homes throughout our Trilateral Agreement

Territory in the Pontiac Federal Election Riding. (see attached map).

Our Algonquin First Nation asserts Aboriginal Rights and Title within the Trilateral Agreement

Territory.

However, despite holding Aboriginal title to this unceded land, the socioeconomic conditions of

our community are extremely poor:

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We have been marginalized onto a tiny 59-acre reserve at Rapid Lake, which is

overcrowded, dusty and badly eroding;

Unemployment rates are in the range of 80-90%;

There is a housing crisis in our community – on the average, there are 7 persons per home,

but the actual numbers go as high as 18-23 per house;

Education achievement levels are low and the incidence of diabetes is high;

Community development has been stalled since the 2006 imposition of a federal Third

Party Manager to control and manage all governmental transfer payments;

On the positive side, our community has managed to maintain its language, customs and

traditional way of life.

In 2010, over the objections of a vast majority of the community, our community was forced into

the Indian Act elective system after governing ourselves by way of customary governance

traditions since time immemorial. Our current Chief and Council have been elected to a second

mandate, but we are planning to establish a community process to return to our Algonquin

customary system of governance.

Honour Your Word! – Canada in Breach of Agreements

In 1991, after many blockades and protests, the Governments of Canada, Quebec and our First

Nation entered into a ‘Trilateral Agreement’. The Trilateral Agreement (TA) is a government-

to-government negotiation on land use and management between our First Nation, and the

governments of Quebec and Canada. Signed by all parties on August 22, 1991, the Trilateral

Agreement Territory (TAT) covers an area of 1,076,415 ha where our First Nation has lived as a

community for generations.

In 1997, then Deputy Minister of Indian Affairs, Scott Searson, came to our Rapid Lake Reserve

to sign a Memorandum of Mutual Intent (MMI) with our ABL customary Chief, Harry Wawatie.

The MMI had attached to it a “Global Proposal for Rebuilding the Community” of the

Algonquins of Barriere Lake. The MMI committed the Department and our then Customary

Council to work together, “in a partnership”, toward the realization of the global plan and the MMI

also endorsed our community’s vision, which is as follows:

We have adopted a vision for the future that incorporates four fundamental orientations:

(1) Strength through the retention and enhancement of their culture, language and

traditional way of life, augmented by improved training and education geared to needs;

(2) Self-government through adherence to their customary system of government and

continued respect for their customs adapted to meet contemporary circumstances;

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(3) Community development which includes positive social development, economic self-

sufficiency and modern infrastructure; and

(4) A decisive voice in resource management decisions within their traditional territory,

guided by the principles of sustainable development and equitable sharing of resources.

The MMI Global Proposal was developed with our First Nation by federally appointed facilitators

to implement our First Nation’s vision. It was an acknowledgement of our First Nation’s dire

conditions and proposed a “comprehensive support and development package from the federal

government” to bring our First Nation to a level playing field with other communities. The

‘elements’ of this package include:

(1) Housing and infrastructure;

(2) Multi-functional/Community Centre/Administration Building;

(3) Education facilities;

(4) Community, Social and Educational Development;

(5) Governance and Administrative Development;

(6) Restoration and Consultation Costs;

(7) Trilateral Agreement; and

(8) Expanded Land-Base and Electrification.

The schedule contemplated for completion of the global proposal was five years.

After normalized relations with the Government of Canada, on May 22, 1998, our First Nation

entered into a companion Agreement with the Government of Quebec entitled “AGREEMENT

ON APPROACH AND PROCESS For Completing Phases Two, Three And Undertaking

Negotiations Under the Trilateral Agreement”. Included in this ABL-Quebec Agreement was

provision for negotiations regarding the Rapid Lake Reserve site, section 7 provides:

Negotiations

7. (1) The parties agree to immediately enter into negotiations respecting the

following subjects:

a) identification of an area of land for the exclusive use of the community of

Mitchikanibikok to meet the basic needs for community dwellings and

community infrastructures, it being understood that this does not engage the

government of Quebec in the financing of infrastructures and activities

which are the responsibilities of the federal government;

b) participation in economic spin-offs according to models to be defined (for

instance partnerships, economic benefits, resources revenue sharing, access

to resources, etc.);

c) participation in management and sustainable development of resources;

d) electrification of the community; and

e) economic development of Mitchikanibikok including potentially hydro-

electric projects.

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(2) The exact scope and schedule of the negotiations, as well as the agenda for

negotiations shall be developed by the Special representatives immediately

following the signing of this Agreement.

Through negotiation under the Trilateral Agreement an Agreement-in-Principle was reached April

27, 1999, between Canada-Quebec and our First Nation on the expansion and development of the

Rapid Lake Reserve. Quebec agreed to transfer the land for expansion, contingent to a Government

of Canada “investment plan, schedule and a clear commitment to spend.” On May 7, 1999, a

DIAND official, Mike Samborski, formally told our First Nation that $17,102,600 was referenced

over a five-year period for capital expenditures on “housing and infrastructure”, “education

facilities”, and “other community infrastructure and equipment”.

The MMI between DIAND and our First Nation was signed when Jane Stewart was Minister of

Indian Affairs. After Robert Nault became Minister of Indian Affairs, in June of 2000, he decided

to abandon the Government of Canada’s commitments and obligations under both the Trilateral

Agreement and the Memorandum of Mutual Intent (MMI) and the global proposal. Minister

Nault’s decision to walk away from two signed, solemn agreements, basically placed our First

Nation in a position of ‘arrested development’, because the processes established under these

Agreements ceased to operate in any sustainable way.

Relationship with Federal Government is Broken

Unfortunately, as with most First Nations across Canada our relations with the Harper government

have been very poor.

We took legal action against the federal government and their Third Party Managers (TPMs) in an

effort to regain control of our community’s finances and administration. Unfortunately, our case

was moved from Toronto courts where our lawyer is located to Montreal, which is more costly for

our lawyer and our First Nation. We are now considering our legal options. This will take some

time but we fully intend to achieve this goal one way or another.

Meanwhile, the federal government has taken our Council to court for non-compliance with the

federal First Nations Financial Transparency Act - not because we refuse to disclose our salaries

- but because we refuse to sign off on an audit we had no input into or many of the financial

transactions of the federal government’s Third Party Manager.

Since the fall of 2014, our Council has been requesting to the federal Minister of Aboriginal

Affairs, Bernard Valcourt the following three conditions to agreeing with the audit process:

Our Council wants a say in choosing the auditor; and

Our Council wants a say in the scope of the audit; and

Our Council wants a dispute resolution process regarding transactions our Council did not

approve made by the Third Party Manager.

Minister Valcourt refused our Council’s request and the deadline passed last fall for the FNFTA

to take effect to have our audit filed with the federal government. We missed the FNFTA deadline

because our First Nation’s audit was incomplete. The Third Party Manager did not ensure the

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financial information from all federal departments was received in time. Two federal departments,

Health Canada and Human Resources Development Canada had not provided the required

financial information for the 2013-2014 audit.

As a consequence, Minister Valcourt cut what he called our “non-essential” services - band support

and economic development. Our Council and First Nation was penalized by the federal Minister

of Aboriginal Affairs for not meeting the FNFTA deadline.

This federal law is flawed. The FNFTA is silent on the transparency or accountability of federally

appointed Third Party Managers or federal departments to First Nations on how monies Parliament

voted on for First Nations is being spent and accounted for by federally appointed Third Party

Managers or federal bureaucrats, including those at federal departments in the Quebec Region.

Our Council wants to see transparency and accountability from the Third Party Managers and the

federal government’s officials about their financial decisions that affect our First Nations social

and economic development. Our First Nation has been in federal Third Party Management since

2006: nine years now!

Our community development is frozen and our social and economic conditions are not improving

under Canada’s colonial system of control by Third Party Managers.

Our Council is requesting that the federal government honour the previous agreements with our

First Nation and in cooperation with our Council implement our former Chief Wawatie’s Master

Plan for the expansion of our land-base at Rapid Lake, as well, as the terms and conditions for the

electrification of Rapid Lake. We want a decisive voice in our community development!

Our Council is in negotiations with the government of Quebec regarding the co-management of

the Trilateral Agreement Territory and resource revenue sharing among other issues, including the

electrification of our community and the expansion of our land base at Rapid Lake. We need an

agreement with Canada on these last two issues.

Since there is a federal election campaign on right now our Council is seeking answers from the

federal leaders and candidates to the questions listed above so that we may advise and prepare our

People accordingly.

It is our hope that each of your parties will respond to our questions, if you do not respond we will

take that as a response that we are not worthy of your consideration.

Yours Truly,

Chief Casey Ratt

Agreements with Native Communities

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Agreements with Native Communities

AGREEMENT ON APPROACH AND PROCESSFor Completing Phases Two, Three

And Undertaking Negotiations Under the Trilateral Agreement

BETWEEN: THE ALGONQUINS OF BARRIERE LAKE, also known as, Mitchikanibikok Inik, represented by their Customary Chief, Mr. Harry Wawatie (hereinafter referred to as "Mitchikanibikok");

AND: THE GOUVERNEMENT DU QUÉBEC represented by Mr. Guy Chevrette, Minister of Natural Resources and Native Affairs (hereinafter referred to as "Québec");

WHEREAS the parties signed the Trilateral Agreement on August 22, 1991, as a pilot project to promote sustainable development and the reconciliation of resource-uses by Mitchikanibikok and non-Mitchikanibikok people within the territory identified by the Trilateral Agreement;

WHEREAS the Trilateral Agreement contemplates carrying out the following works/activities: · Phase one: studies and inventories of the renewable natural resources within the territory; · Phase two: preparation of a draft integrated resource management plan (IRMP); · Phase three: formulation of recommendations for carrying out the draft IRMP; and · Negotiations: Mitchikanibikok and Québec negotiate an agreement on carrying out the recommendations retained;

WHEREAS the parties have not completed the Trilateral Agreement but have made significant progress in the sense that:

Phase one has been completed and an important and useful body of scientific and traditional knowledge has been accumulated with respect to the renewable natural resources within the territory;

Phase two is incomplete, however substantial work has been undertaken toward the preparation of the draft IRMP;

Phase three and Negotiations have not yet been started;

WHEREAS the parties are committed to completing the works/activities contemplated by the Trilateral Agreement, specifically phases two and three;

WHEREAS the parties have a mutual interest and desire to proceed to negotiations in advance of finishing phases two and three, based upon the following considerations:

WHEREAS the federal government, signed the Trilateral Agreement pursuant to its "special fiduciary responsibility toward the Algonquins of Barriere Lake";

a) the parties wish to implement and make practical use of the knowledge accumulated during phase one while the knowledge is still current;

b) the parties have acquired sufficient knowledge and information about resources and resource-uses to enter into certain negotiations;

c) the preparation of the draft IRMP is contingent on the adoption of a set of mutually acceptable objectives (as quantifiable and/or specific as possible);

d) the socio-economic situation of the Mitchikanibikok people is unacceptably poor and there is an urgent need to begin rebuilding the community;

e) the negotiation between Mitchikanibikok and Québec would enhance certainty and benefit economic interests within the region.

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THEREFORE the parties agree as follows:

Reaffirmation of Trilateral Agreement

1. This agreement is being entered into pursuant to section 6 (b) of the Trilateral Agreement for the different phases contemplated therein.

2. The parties reaffirm their commitment to finalize the work begun under the Trilateral Agreement to the satisfaction of both parties. Dual Approach

3. The parties agree to pursue a dual approach. They will simultaneously: · complete the works contemplated by the Trilateral Agreement; · enter into negotiations provided herein. Phases Two and Three

4. The parties agree to constitute a technical committee to finalize a work plan to complete phases Two and Three. This technical committee will be co-chaired by the Special Representatives of the parties and its membership shall include officials within affected Québec ministries as well as Mitchikanibikok representatives.

5. The technical committee will put the emphasis on two aspects of the work plan: · the elaboration of objectives for the IRMP; and · the identification and definition of the scenarios respecting projected resources-uses within the Trilateral Agreement territory. The starting point for the discussion on objectives shall be the six principles/objectives formerly agreed upon by Dr. André Lafond and David Nahwegahbow.

6. The parties agree that the technical committee must come to a quick agreement on the workplan. If agreement is not reached within 30 days of signing this Agreement, then an outside party shall be brought in to assist and facilitate these discussions. This outside party must be mutually agreed upon by the Special Representatives of the parties. Negociations

7. (1) The parties agree to immediately enter into negociations respecting the following subjects:

(2) The exact scope and schedule of the negotiations, as well as the agenda for negotiations shall be developed by the Special representatives immediately following the signing of this Agreement.

8. Any matter which has not been negotiated and agreed upon as part of negotiations under section 7 shall be negotiated following the completion of phases two and three as provided in the Trilateral Agreement. Provisional Measures

9. The parties agree that the provisional measures process will continue to be in effect until all phases contemplated by the Trilateral Agreement are completed. Upon the signing of this Agreement, the Special representatives of the parties shall develop a procedure and budget to ensure the smooth and stable functioning of the provisional measures process. Schedule and Budget

10. The parties agree as follows with respect to the time-frame: the schedule to complete the works contemplated by the Trilateral Agreement along with the negociations provided herein (section 7) shall be determined by the Special representatives of the parties without exceeding a maximum of two years after agreement on a workplan and budget.

11. The budget for office and technical costs related to phases Two and Three shall be developed by the Special representatives of the three parties to the Trilateral Agreement.

12. The representation costs incurred in the negociations are assumed by each of the parties, as provided in the Trilateral Agreement.

13. This Agreement shall be in force when signed by both parties.

a) identification of an area of land for the exclusive use of the community of Mitchikanibikok to meet the basic needs for community dwellings and community infrastructures, it being understood that this does not engage the gouvernement du Québec in the financing of infrastructures and activities which are the responsabilities of the federal government;

b) participation in economic spin-offs according to models to be defined (for instance partnerships, economic benefits, resources revenue sharing, access to resources, etc.);

c) participation in management and sustainable development of resources;d) electrification of the community; ande) economic development of Mitchikanibikok including potentially hydro-electric

projects.

May 22, 1998) Date (Hector Jérôme) Witness

MITCHIKANIBIK (Harry Wawatie) Chief Harry Wawatie

(May 22, 1998) Date

QUÉBEC

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(Robert Sauvé) Witness

(Guy Chevrette) Minister Guy Chevrette

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