Algonquins of Pikwakanagan Presentation Feb 17 2016

7/24/2019 Algonquins of Pikwakanagan Presentation Feb 17 2016.

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ALGONQUINS OF PIKWAKANAGANTURNING THE TABLE

FROM TERMINATION TO SELF-DETERMINATION

Presented By

Russell Diabo, First Nations Policy Consultant

February 17, 2016


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Algonquins of PikwakanaganConsiderations for Pulling Out of

AOO AIP

Overview of FederalPolicies

UN Human Rights/UNDRIP

AOO-AIP Impacts

Pulling Out of AOONegotiation Process-Issues

Liberal 2015 Promises


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Overview of Federal

ComprehensiveClaims/Self-

GovernmentTermination Policies


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FATHERS OF CONFEDERATIONFirst legislative Assembly July 1, 1867


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Federal Powers Section 91

Public Debt and Property

Regulation of Trade/Commerce

Direct/Indirect Taxation

Defence

Navigation/Shipping

Sea Coast and Inland Fisheries

Ferries (interprovincial/ international)

Currency, Banking /Incorporation of Banks/Paper Money

Bankruptcy

Patents, Copyrights

Indians & lands reserved for the Indians

Citizenship, Marriage/Divorce

Criminal law, including Criminal Procedure


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Provincial Powers Section 92

Direct Taxation within Province

Management/Sale of Public Lands belonging toProvince

Prisons, Hospitals

Municipalities

Formalization of Marriage

Property and Civil Rights

Administration of Civil/Criminal Justice

Education

Incorporation of Companies

Natural Resources

Matters of a merely local or private nature


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CONSTITUTION ACT 1982


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Constitutional Colonization

vs. Decolonization

Sec.91.24

Sec. 35


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Proposed Distinct

Order of IndigenousGovernment

Federal Powers

Section 91

First NationsPowers

Section 35

Provincial Powers

Section 92


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Supreme Court of Canada:

The Judges


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FEDERAL CORE MANDATES

= KEY GOALS/CLAUSES

Getting consent to theextinguishment (modification) of

Aboriginal Title;Getting consent on the legal release

of Crown liability for past violations ofAboriginal Title & Rights;

Getting consent to the elimination ofIndian Reserves by accepting landsas private property (fee simple);

Getting consent to removing on-reserve tax exemptions;


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FEDERAL CORE MANDATES

= KEY GOALS/CLAUSESGetting consent to respect existing

Private Lands/Third Party Interests (andtherefore alienation of Aboriginal Titleterritory without compensation);

Getting consent to be assimilated intoexisting federal & provincial laws;

Getting consent to application ofCanadian Charter of Rights & Freedoms

over governance & institutions in allmatters (individual vs. collective rights);

Getting consent to program funding ona formula basis being linked to ownsource revenue;


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Extinguishment of Aboriginal

Title Legal Techniques

certainty and finality;

modified and released;and

Non-assertion of rights.

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Average Cash & Land

Components of ModernTreaties

Cash & Land: The

Comprehensive ClaimsFormula: $25,600 perhead 9.3 Hectares (23

acres) per head


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Comprehensive Claims Settlements


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Comprehensive Claims &

Self-GovernmentNegotiations


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Algonquins of Ontario

A Fabricated Group


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Algonquin Wampum Belts


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1901- Rubbing of belts at Manitoulin Island, similar to one at Kahnasatake.

1764 Great

Chain

Wampum


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Haudenosaunee & Seven Nations Mohawks Oneidaes Tuscaroras Onondagaes Cayugaes Senecas Coghnawageys (Kahnawake) Ganughsadageys (Kahnasatake)

Nanticokes Canoys Mohicanders Algonkins Nipissengs

The Western Confederacy Chippawaes Ottawaes

Menomineys Sakis Outagamies (Fox) Puans (Ho-Chunk Winnebago) Christineaux (Cree) Hurons Toughkamiwons [Algonkins] [Nipissangs] {Reynards}


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Algonquin Nation Circa 1850-1867


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AOO Aboriginal Title Extinguishment Area


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AOO-AIP Impacts on

Pikwakanagan Members

The DEFINITION of Algonquin used inthe AOO AIP is too broad and the

Referendum Voters List includes over7,000+ individuals and out of the7,000+ potentially thousands have littleor no connection to the Algonquin

Nation. (Preamble/Chapter 1/Chapter3). Pikwakanagan Members are lessthan 10% of Registered voters.


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AOO-AIP Impacts on


EXTIINGUISHMENT USING MODIFY &RELEASE TECHNIQUE- The AIP

accepts extinguishment ofAlgonquin Aboriginal Title with nocompensation for past treatment ofAlgonquin Peoples or theft of

Algonquin lands & resources bygovernments. (Chapter 2)


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AOO-AIP Impacts on


ONLY 1.3% LANDS OFFERED ASMUNICIPAL LANDS - The Ontario will

transfer approximately 117,500 acres ofSettlement Lands to AlgonquinInstitutions (pg. 28). Thats only 1.3% outof the approximately 9 million acres of

Algonquin Nation lands in what is nowknown as Ontario that PikwakanaganMembers are giving up. (Chapter 5)


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AOO-AIP Impacts on

Pikwakanagan MembersONLY $300 MILLION OFFERED MINUS THE LOAN

REPAYMENT - Canada and Ontario shall make aCapital Transfer of $300 million to an Algonquin

Institution (pg. 45). Take off the AOO/PikwakanaganLoan of about $20 Million so far and countingsinceit would take years to negotiate a FinalAgreement. This money wont go to individuals it willgo to an Algonquin institution controlled by the

Instant Algonquins will outnumber and outvotePikwakanagan Members. This is NOT compensationand doesnt reflect the true value of the lands andresources illegally taken by Ontario & Canada fromAlgonquin Peoples. (Chapter 6)


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AOO-AIP Impacts on


OUTNUMBERED & OUTVOTED At AOO TablePikwakanagan has 7 votes & AOO has 9

votes. The AIP accepts that all self identifiedInstant Algonquins will get constitutionalsection 35 status as Beneficiaries and willcontinue to outnumber and outvotePikwakanagan Members under the AOO

Negotiation Process and the so-calledModern TreatyWho is an Algonquin andentitled to benefits from agreements shouldbe an Algonquin Nation issue not just for oneband to decide.


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AOO-AIP Impacts on


GIVE UP RESERVE - The AIP

accepts that the Golden LakeReserve will become privateproperty (Fee Simple) undermunicipal government like

anywhere else in Ontario.


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AOO-AIP Impacts on


GIVE UP TAX EXEMPTION & BECOME AMUNICIPALITY - The AIP accepts that

the Pikwakanagan Indian Act BandCouncil system will become aMunicipal type government through aseparate Self-Government Agreement

& Pikwakanagan Members give up taxexemption. You will pay all taxes likeany non-Algonquin Ontario Resident!


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AOO-AIP Impacts on


The federal government has made itsposition clear that according to

Canada's policy after aself~government agreement has beennegotiated for Pikwakanagan thePikwakanagan Reserve will cease to

exist and the s. 87 tax exemption will nolonger apply. [Letter of June 15, 2013, toJim Pine from Brian A. Crane ChiefOntario Negotiator]


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Pulling Out of AOONegotiation Process:

Issues


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Considerations

Reconsider the basis of LandClaim.

Relationship with AOO Whathappens with Interim HarvestingAgreements, jobs, fundingarrangements, loan, etc.?


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Considerations

Relationship with Canada &Ontario What happens to

Pikawakanagan consultations &negotiations?

Relationship with Algonquin Nation What happens in areas ofoverlap shared territory?


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OPTIONS

FOR PIKWAKANAGAN


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2014 - SCC TsilhqotinDecision on Aboriginal Title


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International Human

Rights Bodies/Standards


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UN Human Rights CommitteeRecommendations (1999)

The Committee

recommends that thepractice of extinguishinginherent Aboriginal rightsbe abandoned asincompatible with article 1of the Covenant.


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UN Human Rights CommitteeRecommendations (1999)

The Committee endorsesthe recommendations of theRCAP that policies which

violate Aboriginal treatyobligations andextinguishment, conversion or

giving up of Aboriginal rightsand title should on no accountbe pursued by the State Party.


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United Nations Declarationon the Rights of Indigenous

Peoples (2007)


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Selected Articles of UNDRIP

Article 3 Right to Self-Determination.

Article 10 No forced removal w/o FPIC.

Article 19 FPIC required beforelegislation/administration measures.

Article 26 Rights to lands, territories, resources.

Article 27 Fair process jointly developed toadjudicate rights to lands, territories, resources.

Article 32 FPIC required for and development

affecting lands, territories, resources. Article 37 Rights from Treaties, agreements,

constructive arrangements.


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Assembly of FirstNationsMandate


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Develop a Federal ComprehensiveLand Claims Policy Based on the Full

Recognition of Aboriginal Title AFN SCA Resolution #47/2015:

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly:

1. Call upon the Government of Canada, on a Nation-

to-Nation basis, in direct consultation with AboriginalTitle First Nations, to undertake a process to replacethe federal Comprehensive Claims Policy (CCP) with apolicy that recognizes and respects Aboriginal Titleand Rights in accordance with Canada's

Constitutional obligations, the Tsilhqot'in Nationdecision, and consistent with the United NationsDeclaration on the Rights of Indigenous Peoples.


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Develop a Federal Comprehensive

Land Claims Policy Based on the FullRecognition of Aboriginal Title

2. Call on the Government of Canada toforgive all outstanding loans incurred by First

Nations as a result of negotiating under thefederal CCP.

3. Call on the Government of Canada toexclude all areas that are subject tooverlapping Aboriginal Title and Rights

claims from Comprehensive Land ClaimsAgreement-in-Principle negotiations and toassist, where possible, and when requestedby First Nations, the negotiation of sharedterritory agreements between First Nations.


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Liberal AboriginalPlatformCommitments

2015 Election


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Justin Trudeaus 2015

Commitments

During the election campaign, the platformcommitments (including the Liberal Party of CanadasOctober 8, 2015, response to the BC First Nations

Leadership Council) stated that a Liberal governmentwill:

Immediately re-engage in a renewed nation-to-nationprocess with Indigenous Peoples to make progress onthe issues most important to First Nations. . .

Prioritize developingin full partnership with FirstNationsa Federal Reconciliation Framework. Thisframework will include mechanisms to advance andstrengthen self-government, address outstanding landclaims, and resolve grievances with both existinghistorical treaties and modern land-claimsagreements.


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Commitments

Enact the 94 recommendations of the Truth andReconciliation Commission, including the adoptionof the United Nations Declaration on the Rights of

Indigenous Peoples.

Recognize and respect Aboriginal title and rights inaccordance with Canadas Constitutionalobligations, and further those enshrined in the UNDeclaration on the Rights of Indigenous Peoples.

Immediately lift the two percent cap on funding forFirst Nations programs, and establish a new fiscalrelationship with First Nations one that providesthem with sufficient, predictable, and sustainedfunding to support the priorities of First Nationscommunities.


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Commitments

The Liberal Party of Canada has endorsed therecommendations in the Eyford report in their entiretyand is committed to working in partnership with First

Nations to fully implement them. We will look to FirstNations leadership for guidance when makingdecisions on where investments should be made.

Undertake a full review of regulatory law, policies, andoperational practices, in full partnership and

consultation with First Nations to ensure that the Crown isfully executing its consultation, accommodation, andconsent obligations, including on resourcedevelopment and energy infrastructure project reviewsand assessments, in accordance with our constitutionaland international human rights obligations


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Trudeaus 5 Point Plan

(Priorities)

Launch a national public inquiry into missingand murdered indigenous women.

Make significant investments in First Nationseducation.

Lift the two per cent cap on funding for FirstNations programs.

Implement all 94 recommendations from theTruth and Reconciliation Commission.

Repeal all legislation unilaterally imposed onindigenous people by the previous government.


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CONCLUSION


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Conclusion

What will the Trudeaugovernment do about landclaims, historic Treaties andself-government policies?

How will Trudeau governmentinterpret section 35 rights?

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Documents

Algonquins of Pikwakanagan Presentation Feb 17 2016