Mitchikanabikok Inik (Algonquin's of Barriere Lake ... · Update on Youth Protection & Health 20 Mitchikanabikok Inik (Algonquins of Barriere Lake) Mitchikanabikok Inik (Algonquin's

KWE ANICINABE! This is the third issue of our Chief and Council Newsletter. Our last newsletter was sent out in May 2016. Since our last Newsletter our community has held an election and we want to thank the com-munity members who supported us who were re-election as Councillors and our Chief, Casey Ratt.. We also want to thank the Councillors from the last term for their service to our people and we welcome the new Councillors who were elected into office. We still have a lot of work to do for our People! This newsletter is our update to you on the status of our negotiations with the governments of Cana-da and Quebec. As a Council we will also be hav-ing discussions and meetings with you as commu-nity members about what we need to prepare for

if we don’t get agreements. During our last term in office our Council struggled hard to improve our community’s social and economic situation. Our priorities were: 1) getting out of Third Party Management; 2) Restoring our Customary system of governance and 3) Getting the federal and Quebec gov-ernments to honour and implement our 1991, 1997 and 1998 Agreements so that we achieve recognition and respect for our Algonquin customs and way of life through co-management of our traditional territory and revenue sharing from the non-Algonquin re-source developments occurring on our traditional territory. These three priorities remain the same for our current Council this term as well. We want to see the federal and Quebec government’s honour the spirit and word of the signed agree-ments with our Mitchikanabikok Peoples’ as a foundation for our community development!

Message From Chief & Council

Special points of interest:

x� Update on Federal and Quebec Relations

x� INAC Minister Letter to ABL

x� ABL Letter Respond-ing to INAC Minister

x� ABL Resolution Op-posing Mining

x� 1990 Algonquin Council support Reso-lution for ABL on Trilateral Process

Inside this issue:

Chief & Council Mes-sage

1

Letter From INAC Minister to Chief Ratt

6

Chief Ratt Letter to INAC Minister

8

ABL Resolution Op-posing Mining

14

1990 Algonquin Council Resolution

18

Update on Youth Protection & Health

20

Mitchikanabikok Inik (Algonquins of Barriere Lake)

Mitchikanabikok Inik (Algonquin's of Barriere Lake) Newsletter from Chief and Council

September 2016

Volume 2, Issue 2

INAC Minister Carolyn Bennett being questioned during AFN Assembly in Niagara Falls by Chief Casey Ratt and Interim Director, Tony Wawatie about why she hasn’t answered letters from the

Chief. (July 11, 2016)

Federal Relations

Since our last newsletter there has been some progress to report on our top goal of get-ting out of Third Party Management. We have been working with our lawyer, Katherine Hensel, Hensel Barristers, and our community is in a court mediation process between our lawyer and the government of Canada’s lawyer.

Court Mediation Process

Our lawyer, Katherine Hensel has informed our Council the federal justice lawyer has agreed to cooperate in a court mediation process on the following issues. 1. Transition out of Federal Third Party Management. 2. Disclosure of Financial Information from Third Party Managers. 3. Supporting our Council Getting Independent Professional Advice/Accountants. We will keep our members informed of the outcome of the court mediation process, which our lawyer is still negotiating with Canada’s lawyer, our case will be heard before the court appointed mediator on October 3, 2016. Unfortunately, the Trudeau government hasn’t agreed to include in the court mediation process the issue of their violation of the 1991 Trilateral Agreement and the 1997 Memo-randum of Mutual Intent to rebuild our community after the chaos the federal Liberal gov-ernment caused by interfering in our internal affairs in 1996, by ignoring our customary Chief and Council and imposing an outside “Interim Band Council” and placing our com-munity into Third Party Management the first time. To get out of the section 74 Indian Act Elective System the Trudeau government is telling us that we have to develop a local leadership selection process according to INAC policy. Even though they imposed the Indian Act system without our community’s consent! As was said in the last newsletter Minister Bennett is still taking advice from INAC officials who advised the Harper government to put our community into Third Party Management and violate our customs by forcing our community into the Indian Act elective system. It seems our community will have to take political action to impress upon the Trudeau gov-ernment that we want the 1991 and 1997 Agreements honoured as the foundation to build our community on and restoring our Onakinakawin (Leadership Selection Code) that the Harper government violated when they imposed the section 74 Indian Act Elective Sys-tem on our community.

Quebec Relations

Our relationship with the Quebec government has now hit a bump as we found out from a mining company Press Release that the Quebec government—without consulting us—had removed the mining moratorium that had been in place within the 1991 Trilateral Agree-ment Territory since 2011, at our insistence. The Quebec Ministry of Energy & Natural Re-

‘Message from Chief & Council’ continued from page 1

Page 2 Mitchikanabikok Inik (Algonquin's of Barriere Lake) Newsletter

“To get out of the section 74 Indian Act Elective System the Trudeau government is telling us that we have to develop a local leadership selection process according to INAC policy. Even though they imposed the Indian Act system without our community’s consent”

Ms. Carolyn Bennett, Feder-al Minister of Indigenous

Affairs, Canada

Mr. Geoffrey Kelley, Minis-ter for Aboriginal Affairs,

Quebec

sources apparently made this decision in June 2016. On September 7, 2016, our Council passed a Resolution confirming our communi-ty’s position opposing any mining activity within our ancestral Territory, which is also recognized in the maps attached to the 1991 Trilateral Agreement (Annex I and II). We sent a letter to the Quebec Premier and his Ministers on September 7, 2016, with our Council Resolution and a map attached

Ciaccia-Lincoln Recommendations

Just to remind everyone, in 2006, on behalf of our community our then Chief Harry Wawatie accepted the Joint Recommendations of the Quebec-ABL Special Repre-sentatives, but at the time Quebec government did not accept the Revenue-Sharing recommendation and negotiations broke down in 2006.

Since 2015, our previous Council has been negotiating with the Quebec govern-ment on implementing the following Joint Recommendations:

1. Recognition of the Trilateral Agreement Territory as a Special Management Zone where Resource Plans & Operations are subject to a jointly agreed to Integrated Resource Management Plan (IRMP).

2. That the 7 Traditional Management Area Forestry Management Plans be Ap-proved as Frameworks for the Ongoing Management of Forestry Resources. That the 5 Wildlife Management Plans & Issues be Negotiated. That the So-cial Indicators be used to measure ABL Social & Economic Development.

3. That a joint Québec-ABL Co-Management Committee be Instituted and Man-dated to Oversee the Implementation of the IRMP and reconcile Quebec’s land-use plans with rights of our community.

4. Revenue-Sharing: That Quebec provide an annual financial contribution of $1.5 Million, increased annually linked to level of natural resource exploita-tion.

5. Expansion of the Land-Base: Around existing Reserve.

6. Electrification of Rapid Lake Reserve: By Hydro-Quebec.

7. All of the above provisions will be detailed in a legally binding agreement be-tween the Government of Quebec and the ABL Without Prejudice to Aboriginal and Treaty Rights.

Status of Quebec Negotiations

In July 2016, our previous Council sent to Quebec a Proposal for an Implementation Agreement of the 2006 Joint Recommendations of the Special Representatives in Accordance with 1991 Trilateral Agreement and 1998 bilateral Agreement.


Page 3 Volume 2, Issue 2

“In July 2016,

our previous

Council sent to

Quebec a

Proposal for an

Implementation

Agreement of

the 2006 Joint

Recommendatio

ns of the Special

Representatives

in Accordance

with 1991

Trilateral

Agreement and

1998 bilateral

Agreement”

L to R: John Ciaccia, Que-bec Special Representa-tive & Clifford Lincoln, Barriere Lake Special Representative, circa

2006.

If any of our members wants to see a copy of this draft agreement please let any of our Councillors know and we will make it available.

We have not yet received a response to our proposed Implementation Agreement from the Quebec government, but we expect to get a response soon.

In addition to the draft Implementation Agreement we have sent to Quebec for a response, our Council is preparing a proposed Terms-of-Reference for a Quebec-Mitichikanabikok Inik Co-Management Committee to implement the Integrated Resource Management Plan for the sustainable development of renewable resources within Annex II of the 1991 Trilat-eral Agreement Territory. However, the 1991 Trilateral Agreement makes it clear that:

“[The Quebec-Mitchikanabikok Inik Co-Management Committee} may, proceeding from the draft integrated management plan, put forward management principles that could apply on the territory viewed by Annex I.”

Our Council will insist that the management principles developed for Annex II of the Trilat-eral Agreement Territory, be applied in Annex I of the Trilateral Agreement Territory, which is our ancestral and current-use territory. Even though Quebec has informed us that other Algonquin First Nations and the Atikamekw are claiming parts of Annex I of the Trilateral Agreement Territory.

Before the 1991 Trilateral Agreement was even signed, our then customary Chief Jean Maurice Matchewan, asked for and got a Resolutions of support for the Trilateral process and what became the 1991 Trilateral Agreement to develop a conservation strategy over our current use territory (Annex I) from the Algonquin Council of Western Quebec and Lac Simon Chief and Council.

A large map of our current use (Annex I) Territory was displayed at the December 4, 1990 meeting of the Algonquin Chiefs/Representatives and the Executive of the Algonquin Council of Western Quebec for their observation and review.

So in Val D’Or, Quebec on December 4, 1990, custom Chief Matchewan received support for what became the 1991 Trilateral Agreement and the Annex I Territory from the Algon-quin Chiefs/Representatives of Grand Lac Victoria Band, River Desert Band, Long Point Band, Kipawa Band, Abitibiwinni Band, Wolf Lake and Chief and Council of Lac Simon (on December 8, 1990).

The Executive of the Algonquin Council of Western Quebec also signed the December 4, 1990, Resolution of support:

- Grand Chief Jimmy Hunter. - Vice-Chief Oscar Kistabish. - Arlene Lariviere, Secretary. - Randy Polson, Treasurer. - Tom Rankin, Elders’ Committee. - Catherine Anichinapeo, Womens’ Committee. - Denis Kistabish, Youth’ Committee.



“Our Council will insist that the management principles developed for Annex II of the Trilateral Agreement Territory, be applied in Annex I of the Trilateral Agreement Territory, which is our ancestral and current-use territory”

Mr. Clifford Lincoln, ABL Special Representative

and Negotiator

Mr. Mario Gibeault, Quebec Special Rep-resentative and Ne-

gotiator

Even though we are in negotiations with the Quebec government we will continue to insist that no mining activity occur within the 1991 Trilateral Agreement Territory. We aren’t relying on Quebec’s word either, we have put “no mining” signs out in our territory and we asking all of our members to report any suspicious activity on our territory to any member of our Council.

If any of our members wants to discuss our negotiations with the Quebec govern-ment please feel free to contact Chief Casey Ratt or our former Chief and now Com-munity Liaison, Jean Maurice Matchewan, Norman Matchewan, or our Director-General Tony Wawatie in Rapid Lake.

For your information, we have included in this newsletter the recent exchange of letters between INAC Minister Carolyn Bennett and Chief Ratt.

We have also included the wording of the Resolution our Council passed on oppos-ing mining activities within our ancestral (and current-use) 1991 Trilateral Agree-ment Territory.

‘Message from Chief & Council’ conclusion from page 4


“Even though we are

in negotiations with

the Quebec

government we will

continue to insist that

no mining activity

occur within the 1991

Trilateral Agreement

Territory. We aren’t

relying on Quebec’s

word either, we have

put “no mining” signs

out in our territory and

we asking all of our

members to report any

suspicious activity on

our territory to any

member of our

Council”

Quebec-ABL Negotiation Session May 6, 2016.

July 27, 2016 Dear Chief Ratt: This is in response to your letter of March 1, 2016, concerning your proposal for a discussion process to address important matters pertaining to the Algonquins of Barriere Lake. I regret the delay in this response. As outlined by the Prime Minister, the Government of Canada is committed to renewing the nation-to-nation relationship between Canada and Indigenous Peo-ples, based on recognition of rights, respect, cooperation and partnership. Budg-et 2016 testifies to this commitment through the provision of significant invest-ments to renew the relationship, improve the socioeconomic conditions of Indig-enous Peoples and their communities, and to bring about transformational changes. This new context provides a true opportunity to work together on the path of reconciliation, and for Canada to proceed with the long-standing plan for neces-sary investments to tackle the socioeconomic challenges faced by your commu-nity. I concur that immediate actions are needed in order to remove the obstacles which you indicate are holding back your community's development. In light of the past circumstances that brought about departmental interventions, our joint work should build upon key objectives, including transparency, legitimate gov-ernance, sustainable capacity, social well-being within the community, and im-proved living conditions for the population. As you are aware, I have already taken actions to cease all discretionary compli-ance measures related to the First Nations Financial Transparency Act and to suspend any court actions against First Nations who have not complied with the Act. I am informed that, on March 1, 2016, upon consent of the parties, the Fed-eral Court issued an order staying the case concerning the Algonquins of Barri-ere Lake. Moreover, I am encouraged that Indigenous and Northern Affairs Canada, Health Canada and your Council have agreed to engage in an upcoming dispute resolu-tion process under the supervision of the Federal Court, and that this process will be a neutral forum to establish a plan for the eventual return of the manage-ment of funding agreements to the Algonquins of Barriere Lake within a specific timeframe. Over the years, Canada has continuously affirmed its willingness to assist your First Nation in moving out of this level of intervention. Please be as-sured that this commitment remains a priority for Canada. I understand that the issue of medical transportation, under the responsibility of my colleague the Honourable Jane Philpott, Minister of Health, could be addressed through this dispute resolution process. I would also encourage you to continue your ongoing discussions with officials in her department to resolve issues related to this health service.

Letter to Chief Casey Ratt From INAC Minister Carolyn Bennett


“As outlined by the Prime Minister, the Government of Canada is committed to renewing the nation-to-nation relationship between Canada and Indigenous Peoples, based on recognition of rights, respect, cooperation and partnership”

Chief Casey Ratt and Tony Wawatie press INAC

Mininster Bennett to an-swer letters from ABL.,

July 11, 2016.

PM Trudeau & AFN NC Bellegarde

I am cognizant of your wish to return to a community-based leadership selection system. Following your upcoming elections in August 2016, departmental offi-cials will be prepared to work with the Council toward the re-establishment of a community-based elections system in accordance with current departmental pol-icies. In carrying out this initiative, I believe that there would be great benefit in turning to a facilitator with well known expertise in the area of First Nation gov-ernance. The Institute on Governance has a specific sector on Indigenous gov-ernance. I encourage you to consider this suggestion as you contemplate moving forward with the development of a community election system. As well, the First Nations Elections Act presents a second option for moving away from the Indian Act, which you may also consider. Should you wish to pursue this latter option further, departmental officials will provide you with the necessary information. Implementing agreements between Canada and the Algonquins of Barriere Lake will be meaningful insofar as the people of your community can benefit from im-proved and sustainable socioeconomic conditions. As referred to above, Budget 2016 offers a new opportunity to achieve this most pressing objective. It is my hope that you will appreciate the importance of working together toward reserve expansion and access to a reliable and clean source of energy, through Hydro-Quebec. Success on this front will provide the foundation for meaningful depart-mental investments to improve the living conditions of the community. I appreciate the importance of a renewed dialogue, particularly on the matter of Community Wellness through improved socioeconomic conditions. As such, I would welcome the direct involvement of the Secretariat of the Assembly of First Nations of Quebec and Labrador in the dialogue with myself and departmental officials to build capacity. It is important to note that the Assembly of First Na-tions of Quebec and Labrador and its commissions have a strong track record that could benefit your First Nation. As soon as my agenda permits, I would be prepared to meet with you, your representatives, and Regional Chief Ghislain Picard to initiate this new dialogue. To this end, departmental officials will contact your office in the near future. I have engaged with Minister Philpott in drafting this letter, and have also for-warded this response to Regional Chief Ghislain Picard for his consideration. I trust this response will help in forging a new partnership with the Government of Canada for the benefit of the Algonquins of Barriere Lake. Sincerely, [Original Signed By] Hon. Carolyn Bennett, M.D., P.C., M.P. c.c.: The Honourable Jane Philpott, P.C., M.P. Mr. William Amos, M.P. Regional Chief Ghislain Picard

‘INAC Minister Letter to Chief’ conclusion from page 6


“I am cognizant of your wish to return to a community-based leadership selection system. . . departmental officials will be prepared to work with the Council toward the re-establishment of a community-based elections system in accordance with current departmental policies”

August 30, 2016 Hon. Carolyn Bennett Minister of Indigenous & Northern Affairs Government of Canada 10 Wellington St. Gatineau, Quebec K1A 0H4

Re: Algonquins of Barriere Lake – Canada Reconciliation Process Dear Minister Bennett: This is in response to your letter of July 27, 2016, addressed to me. First of all, we are pleased that you stopped all discretionary compliance measures related to the First Nations Financial Transparency Act and that the federal case against our community was stayed.

Re: Third Party Management

As you note in your letter our Council has agreed to a court mediation process along with INAC and Health Canada to take steps to move our community out of Third Par-ty Management and have our Council resume control of the administration of pro-grams and services delivery for our community. To this end on August 25, 2016, a delegation from our community met with the Ac-counting Firm MNP in Montreal to learn about the Aboriginal Services they offer and discus how they might help our Council assess our financial position and perhaps act as an interim administrator while our community builds capacity in financial management.

Re: Medical Transportation

We are pleased you raised our concerns about the Medical Transportation Services Programs with your colleague Health Minister Jane Philpott and we will try and ad-dress our concerns regarding the Medical Transportation Services Program through the court mediation process as you suggest, but we do not believe this matter is being addressed quickly enough as the health and safety concerns we have for our members are occurring on a daily basis. Our legal counsel will discuss the Third Party Management and Medical Transporta-tion issues with the federal legal counsel in the context of the current court media-

Chief Casey Ratt Letter to INAC Minister Carolyn Bennett


“our Council has agreed to a court mediation process along with INAC and Health Canada to take steps to move our community out of Third Party Management and have our Council resume control of the administration of programs and services delivery for our community“

ABL Lawyer, Kathrine Hensel,

Hensel Barristers, Toronto, Ontario

ABL Chief Casey Ratt

tion process. However, we note that your July 27, 2016, letter to me did not satisfactorily address the other two of the three issues our delegation discussed with Your Chief of Staff, Mr. Rick Theis, on February 3, 2016, which we repeated in our March 1. 2016, let-ter to you. When Tony Wawatie and I pressed you to respond to our previous correspondence requesting an urgent meeting with you, during the AFN AGA in Niagara Falls, we had hoped that as INAC Minister you would personally take the time to seriously look at our community’s horrible social and economic situation after ten years of the feder-al government meddling in our internal affairs and essentially imposing a severely colonial Third Party Management regime upon our community. Regrettably, your July 27, 2016, response appears to have been drafted by your IN-AC Quebec Regional Office officials who for the past ten years were involved in the following decisions to have INAC: 1) place our community into Third Party Management (2006); 2) violate our Inherent Right of Self-Government and Self-Determination by ignor-

ing our Mitchikanibikok Anishinabe Onakinakewin (Customary Leadership Se-lection Code) and imposing the Indian Act section 74 Election System over our community (2010);

3) exclude our Council from an MOU between Canada and Quebec regarding electrification of our Reserve at Rapid Lake (2012); and

4) impose the First Nations Financial Transparency Act (2014) and file a court case against us.

We explained the background of our dire community situation in our previous corre-spondence to Prime Minister Justin Trudeau of November 9, 2015, (along with Wolf Lake, Timiskaming & Eagle Village) which you as INAC Minister were copied on. To this day the Prime Minister has not even give the courtesy of acknowledgement of receipt of the November 9, 2015, letter let alone a response.

Unanswered Requests for an Urgent Meeting

We wrote to you directly on November 16, 2015, and on November 30, 2015, re-questing an urgent face-to-face meeting with you to explain our situation, without it being filtered through the INAC officials from the Quebec Regional Office who have been complicit in meddling in our community’s internal affairs and imposing a se-vere colonial Third Party Management regime over our community. Unfortunately, you did not respond to our letters requesting an urgent meeting. Our advisor, Russell Diabo, did manage to speak with you by telephone before the

‘Chief Ratt to INAC Minister’ continued from page 8


”we had hoped that as INAC Minister you

would personally take

the time to seriously look at our community’s

horrible social and economic situation after

ten years of the federal

government meddling in our internal affairs and essentially

imposing a severely

colonial Third Party

Management regime upon our

community“

ABL Third Party Manager, Lemieux, Nolet Inc., based

in Levis, Quebec

Rick Theis, Chief of Staff for INAC Minister Carolyn Ben-nett and long-time staffer

with Trudeau at OLO.

Christmas holidays about looking into our files and you did facilitate a meeting in Ottawa of a delegation from our community on February 3, 2015, with your Chief of Staff, Rick Theis. We followed up on this meeting with Mr. Theis with our letter to you of March 1, 2016, setting out our proposals for short and medium term reconciliation with Can-ada and once again requested an urgent face-to -face meeting with you.

Re: Restoration of Mitchikanibikok Anishinabe Onakinakewin (Leadership Selection Code)

With all due respect, your response on this issue that “the re-establishment of a community-based elections system in accordance with current departmental poli-cies” is not acceptable to our community. We take the position that our Mitchikanibikok Anishinabe Onakinakewin (Leadership Selection Code) is an Aboriginal right protected by Canada’s constitu-tion and moreover it is our right of self-determination as per Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, which is merely re-affirming the application of Article 1 of the United Nations Covenant on Civil and Political Rights to Indigenous Peoples. We are seeking the rescinding of the 2012 order-in-council which imposed the Indi-an Act section 74 elective system on our community without our consent and resto-ration of federal recognition of our Mitchikanibikok Anishinabe Onakinakewin (Leadership Selection Code). You proposed the Institute on Governance as a “facilitator” with our community. We propose a mediator to address this issue through a joint assessment process as we set out in our March 1, 2016, letter to you.

Re: Federal Respect for the 1991 Trilateral Agreement and 1997 Memorandum of Mutual Intent

We note that you did not specifically mention these two agreements in your re-sponse. However, for our community we expect the government of Canada to hon-our its word and signature! On August 22, 1991, our community signed a Trilateral Agreement in good faith with the Government of Canada and the Province of Quebec to develop an Integrated Resource Management Plan and interim Measures to Harmonize forestry activities with our traditional Algonquin practices. In signing the Trilateral Agreement, the Government of Canada acknowledged its



“We take the position that our Mitchikanibikok Anishinabe Onakinakewin (Leadership Selection Code) is an Aboriginal right protected by Canada’s constitution and moreover it is our right of self-determination as per Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples”

ABL representatives at Idle No More Demonstration in Ottawa,

Jan. 11, 2013.

Jeanette Wawatie & Rose Not-taway at Idle No More demon-

stration in Ottawa, Jan. 11, 2013.

fiduciary obligations to our community. In 1997 the Government of Canada signed a Memorandum of Mutual Intent with our community, which included a Global Proposal to Rebuild our community, and to “strengthen their relationship based on the principles of trust, partnership, mutual respect and fairness”. Since 2002, we have been negotiating with the government of Quebec on complet-ing the 1991 Trilateral Agreement in the areas of Quebec jurisdiction, as well as, a 1998 Bilateral Agreement (Quebec-ABL) on co-management of renewable resources and resource revenue sharing. These negotiations were suspended in 2006, when Quebec unilaterally withdrew from the table over the issue of Resource Revenue-Sharing, but in 2015, Quebec returned to negotiations regarding seven Joint Rec-ommendations (Quebec-ABL) to implement the 1991 Trilateral Agreement and the 1998 Bilateral Agreement. However, one of the Joint Recommendations involve the matters of land expansion at Rapid Lake and electrification, which necessarily involves the government of Can-ada. As we told your INAC official Mr. Walter Walling on February 23, 2016, we are not prepared to proceed on the electrification and land expansion projects until we are satisfied your government is committed to honour the Agreements Canada signed with our community, as well as, concurrently addressing our governance and admin-istration issues. It is our hope that your government is serious about its 2015 Indigenous Policy com-mitments and the direction from the courts about the ‘honour of the Crown”. We also hope that your government’s Budget 2016 investments in our community will be in the context of implementing the two agreements cited above, as was in-tended by our previous customary Chiefs’ Jean Maurice Matchewan and Harry Wa-watie. In 2001, the government of Canada unilaterally walked away from these two agree-ments our community wants these agreements honoured by your government. As with our return to traditional governance issue, we suggest you appoint a media-tor and include this issue of respecting the two signed 1991 and 1997 Agreements as part of the joint assessment process or agree to put these two issues in front of the court mediation process.

Re: Capacity and Training Support

We appreciate your confidence in the AFNQL Regional Commissions, which we share and we do rely on some of the Regional Commissions for advisory support.



”As with our return

to traditional

governance issue,

we suggest you

appoint a mediator

and include this

issue of respecting

the two signed

1991 and 1997

Agreements as part

of the joint

assessment

process or agree to

put these two

issues in front of

the court mediation

process“

However, we are already members of a Tribal Council (the Algonquin Nation Secre-tariat/Algonquin Nation Programs & Services Secretariat), which has a mandate from our community to provide capacity building and training services as we direct, as such, our Tribal Council has a role to play in assisting our community in capacity building and training in management of federally funded programs and services.

Conclusion In conclusion, in our letter to you of March 1, 2016, we proposed the development of a joint action plan to address the three main issues that are holding back our community’s development: x� An exit strategy from third party management. (Now being addressed through

court mediation process) x� A return to our traditional form of government and Leadership Selection Code. x� Honouring and implementing our 1991 Trilateral Agreement and 1997 Memo-

randum of Mutual Intent with the federal Crown. Our position remains the same as set out in our March 1, 2016, letter to you. As we already wrote to you on March 1st:

We think the most realistic approach would be a joint assessment of the situation, leading to an agreed upon action plan and timelines. We know that to do this we will need to work with INAC officials. But, as you know, there is much that needs to be done to rebuild trust and relations with the officials at the Quebec Regional Office. For this reason, we think this follow-up work should be facilitated by a mediator who has our trust and confidence. Resources will be required for this process to lead to results w h i c h have community support. We believe that our Tribal Council (the Algonquin Nation Secretariat/Algonquin Nation Pro-grams & Services Secretariat) has a role to play in this pro-cess, to assist in this work and provide us with the advisory services that we require.

Since the issue of exiting from Third Party Management is being addressed through the current court mediation process and as we proposed above this joint assess-ment process could concurrently focus on the issues of: x� A return to our traditional form of government and Leadership Selection Code. x� Honouring and implementing our 1991 Trilateral Agreement and 1997 Memo-

randum of Mutual Intent with the federal Crown.



”in our letter

to you of

March 1,

2016, we

proposed the

development

of a joint

action plan to

address the

three main

issues that

are holding

back our

community’s

development”

Algonquin Nation Pro-grams & Services Secre-

tariat Logo

We propose that Mr. Keith Penner be jointly appointed to mediate the issues of: 1) restoration of our customary system of government with the government of Canada and 2) Canada honouring and implementing the 1991 and 1997 Agreements signed with our community. Mr. Penner has experience on dispute resolution with First Nations and has worked with our community on mediating our internal leadership issues. As you probably know Mr. Penner was the Chair of the 1983 Special Parliamentary Committee on Indian Self-Government. So as far as we are concerned Mr. Penner has extensive “expertise in the area of First Nation governance”, particularly with our customary system of governance. In light of the Liberal Party of Canada’s 2015 Indigenous Policy commitments we believe our proposals are quite reasonable and a good basis for the social, cultural and economic development of our community and reconciliation with the govern-ment of Canada. We once again, request an urgent face-to-face meeting with you to discuss our pro-posals for reconciliation between our community and the government of Canada, as we do not have confidence in your INAC Quebec regional officials to reconcile these matters for the reasons described above. We will await your hopefully prompt response to our requests noted above. Sincerely, [Original Signed By] Chief Casey Ratt cc. Chief Wayne McKenzie, Timiskaming First Nation Chief Harry St. Denis, Wolf Lake First Nation Mr. Clifford Lincoln, Special Representative, Algonquins of Barriere Lake Ms. Katherine Hensel, Hensel Barristers Mr. Ghislain Picard, AFNQL Regional Chief Mr. Perry Bellegarde, AFN National Chief Rt. Hon. Prime Minister Justin Trudeau, Government of Canada Hon. Jody Wilson-Raybould, Minister of Justice & Attorney-General of Canada Hon. Jane Philpott, Minister of Health, Government of Canada Hon. Geoffrey Kelley, Minister of Native Affairs, Government of Quebec Hon. Stéphanie Vallée, Minister of Justice, Government of Quebec Mr. Charlie Angus, NDP M.P. Timmins-James Bay Mr. Romeo Saganash, NDP M.P. Abitibi-Baie James-Nunavik-Eeyou Mr. William Amos, Liberal M.P. Pontiac

‘Chief Ratt to INAC Minister’ conclusion from page 12


“We propose that Mr.

Keith Penner be

jointly appointed to

mediate the issues

of: 1) restoration of

our customary

system of

government with the

government of

Canada and 2)

Canada honouring

and implementing

the 1991 and 1997

Agreements signed

with our community“

Mr. Keith Penner, former MP & Chair of Parliamen-

tary Self-Gov’t Commit-tee.

Re: Mitchikanabikok Inik Position on Mining Activities (Staking, Exploration, Development) within the 1991 Trilateral Agreement Territory (Annexes I and II)

WHEREAS: Article 26 of the United Nations Declaration on the Rights of Indige-nous Peoples provides: 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the cus-toms, traditions and land tenure systems of the indigenous peoples concerned WHEREAS: Article 32 of the United Nations Declaration on the Rights of Indige-nous Peoples provides: 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other re-sources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the devel-opment, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse en-vironmental, economic, social, cultural or spiritual impact. WHEREAS: Article 37 of the United Nations Declaration on the Rights of Indige-nous Peoples provides: 1. Indigenous peoples have the right to the recognition, observance and enforce-ment of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such trea-ties, agreements and other constructive arrangements. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. WHEREAS: The Truth and Reconciliation Commission’s Calls to Action included: 47. We call upon federal, provincial, territorial, and municipal governments to repudiate concepts used to justify European sovereignty over Indigenous peoples and lands, such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies, and litigation strategies that continue to rely on such concepts.

Algonquins of Barriere Lake Resolution of Council #08-09-16


“Indigenous

peoples have

the right to

the lands,

territories and

resources

which they

have

traditionally

owned,

occupied or

otherwise

used or

acquired”

ABL Chief Casey Ratt in front of “No Mining” Sign,

September 2016.

Norman Matchewan in front of “No Min-ing” sign, Septem-

ber 2016.

WHEREAS: The “free entry” system for mining on Indigenous lands is one of those racist, colonial concepts; WHEREAS: Since time immemorial, our Algonquin Peoples’ (Mitchikanabikok Inik) have used and occupied our lands for the pursuit of traditional activities and managing the lands and resources, as part of our culture and way of life, on the basis of conservation and harmony with Mother Earth; WHEREAS: Impacts from flooding, logging and wildlife depletion, in the last 126 years have devastated our lands and resources and disrupted our traditional way of life; WHEREAS: Our Algonquin Peoples’ (Mitchikanabikok Inik) are determined to overcome these impacts; to maintain our traditional way of life and to improve the management of the lands and resources for the benefit of all, which is why our Algonquin Peoples’ (Mitchikanabikok Inik) strongly encouraged the Govern-ments of Canada and Quebec to cooperate in a partnership in developing a con-servation strategy based on the principles of sustainable development as ex-pressed in the 1987 Report of the U.N. Committee on Environment and Develop-ment (Brundtland Report); WHEREAS: Our then customary Chief Jean Maurice Matchewan, along with the governments of Canada and Quebec signed a Trilateral Agreement on August 22, 1991, as a pilot project to promote sustainable development and the reconcilia-tion of resource-uses by Mitchikanabikok and non-Mitchikanabikok people with-in the territory identified by the Trilateral Agreement, which is our ancestral (and current-use) territory; WHEREAS: Our Algonquin Peoples’ (Mitchikanibikok Inik) persisted in engaging with Quebec, and while there were disagreements, our Algonquin Peo-ples’ (Mitchikanabikok Inik) and Quebec came to an agreement on the Trilateral Agreement approach and process, which led to a Bilateral Agreement on May 22, 1998, for undertaking negotiations under the Trilateral Agreement between our Algonquin Peoples’ (Mitchikanabikok Inik) and Quebec; WHEREAS: Section 7 of the 1998 Agreement provided for Quebec negotiating co-management of natural resources and resource revenue sharing, among other issues with our Algonquin Peoples’ (Mitchikanabikok Inik); WHEREAS: In July 2006, the Quebec and our Special Representatives presented their Joint Recommendations to Quebec and our Algonquin Peo-ples’ (Mitchikanabikok Inik), which are: 1. Recognition of the Trilateral Agreement Territory as a special management zone. 2. Implementation of the draft forest and wildlife plans within the Trilateral Agreement Territory. 3. Participation in the management of renewable resources. 4. Revenue sharing and access to resources.

‘Resolution of Council’ continued from page 14


”Our Algonquin

Peoples’ (Mitchik

anabikok Inik)

are determined

to overcome

these impacts; to

maintain our

traditional way of

life and to

improve the

management of

the lands and

resources for the

benefit of all”

5. Expansion of the Land Base of Rapid Lake. 6. Electrification of Rapid Lake. 7. A without prejudice legally binding agreement to implement the recommenda-tions. WHEREAS: In 2015, almost nine years after the Ciaccia-Lincoln Joint Recommen-dations were submitted the government of Quebec confirmed to our Algonquin Peoples’ (Mitchikanabikok Inik) its intention to establish a negotiation process to implement all seven of the Ciaccia-Lincoln Joint Recommendations including resource revenue sharing; WHEREAS: In June 2016, the Quebec government lifted the moratorium on min-ing on our ancestral (and current-use) Trilateral Agreement Territory, which mor-atorium had been in force since --- 2011. WHEREAS: The reasons and conditions which led to this moratorium are still as active and present as they were initially, and that moreover our Algonquin Peo-ples’ (Mitchikanabikok Inik) have forcefully reiterated our opposition to mining on our ancestral (and current-use) Trilateral Agreement Territory during our cur-rent negotiations with the Quebec government; WHEREAS: The moratorium on mining activities was lifted unilaterally by the Quebec Ministry of Energy and Natural Resources without any prior advice to or consultation with our Algonquin Peoples’ (Mitchikanabikok Inik) as required by the law; WHEREAS: In August, 2016, representatives of our Algonquin Peo-ples’ (Mitchikanabikok Inik) had specifically asked for confirmation from the Special Representative of Quebec, Mr. Mario Gibeault, that no mining was con-templated on the Seaman forestry sector of our ancestral (and current-use) Tri-lateral Agreement Territory and had obtained written confirmation on August 6, 2016, that none was contemplated; WHEREAS: As a result of the lifting of the moratorium, the mining company Cop-per One announced immediately after that it was preparing to start mining activi-ties on our ancestral (and current-use) Trilateral Agreement Territory; WHEREAS: Mining activities are completely incompatible with both the terms and intent of the Trilateral Agreement of 1991, the Bilateral Agreement of 1998, and the 2006 Recommendations flowing therefrom, which is the very reason the moratorium was imposed six years ago; WHEREAS: Moreover, and paradoxically the mining activities contemplated would take place within Quebec’s largest Wildlife Reserve; WHEREAS: Our Algonquin Peoples’ (Mitchikanabikok Inik) have forcefully and consistently voiced our opposition to mining activities on our ancestral (and cur-rent-use) Trilateral Agreement Territory, and confirmed by the letter of our Coun-cil of Elders to the Quebec government of April 13, 2011, as well as, the repeat-

‘Resolution of Council’ continued from page 15


“The moratorium

on mining

activities was

lifted unilaterally

by the Quebec

Ministry of Energy

and Natural

Resources

without any prior

advice to or

consultation with

our Algonquin

Peoples”

Pierre Arcand, Quebec Minister of Energy & Natu-ral Resources, lifted min-

ing moratorium in ABL Territory in place since

2011.

ed statements of our leaders before and since; WHEREAS: The Quebec Government imposes mining restrictions on a large num-ber of areas within the province; WHEREAS: The Quebec Mining Act provides for protective provisions against mining and the withholding of development permits where circumstances and conditions warrant; THEREFORE BE IT RESOLVED that Mitchikanabikok Inik Council hereby confirm: 1. THAT no mining activity will be accepted on our ancestral (and current-use) Trilateral Agreement Territory for the same reasons which led to the moratorium of 2011. 2. THAT the absence of due and effective consultation before the surreptitious lifting of the moratorium is a breach of the law and cannot be condoned. 3. THAT the moratorium be re-imposed immediately or alternatively, no develop-ment permit of any form be issued to mining companies on the Trilateral Territo-ry. 4. THAT considering the significant human and financial resources allocated and expended for the current negotiations, and the time and efforts made in good faith by both parties in search of a meaningful long- term agreement, our Algon-quin Peoples’ (Mitchikanabikok Inik) are prepared to continue our involvement in the negotiations, subject however to the total absence of any mining activity on our ancestral (and current-use) Trilateral Agreement Territory. 5. THAT if any mining activity should occur on our ancestral (and current-use) Tri-lateral Agreement Territory, our Council will cease any involvement in the current negotiations, reluctantly withdraw from its cooperative activities with Quebec departments and agencies, and take any measures it deems appropriate to pro-tect our Algonquin Peoples’ (Mitchikanabikok Inik) interests in the face of breaches of the law. ADOPTED in Algonquin Territory, this 7th day of September 2016. [Original Signed By] Norman Matchewan, Councillor Jeanette Wawatie, Councillor Peter Poucachiche, Councillor Hervey Papatie, Councillor David Wawatie, Councillor David Thusky, Councillor Chief Casey Ratt

‘Resolution of Council’ conclusion from page 16


”if any mining

activity should occur

on our ancestral (and

current-use)

Trilateral Agreement

Territory, our Council

will cease any

involvement in the

current negotiations,

reluctantly withdraw

from its cooperative

activities with

Quebec departments

and agencies, and

take any measures it

deems appropriate to

protect our

Algonquin

Peoples’ (Mitchikana

bikok Inik) interests

in the face of

breaches of the law“

Val d’Or, Quebec December 4, 1990 WHEREAS the traditlonal territory of the Algonquin Natlon has been, end contin-ues to be, encroached upon and destroyed by flooding, clear·cut logging and sports hunting and fishing; and WHEREAS these activities are also devastating fish and wildlife and undermining the traditional livelihood and way of life of lhe Algonquin peoples; and WHEREAS the destructlon of the lands and way of life of Algonquin peoples is being promoted by the laws and regulations of Quebec which fail to recognize Algonquin land use and fail to adequately take account of environmental conser-vation concerns and WHEREAS the Report of the World Commission on Environment and Develop-ment ("Brundlland Report") recommend the integration of environmental consid-erations in decisions respecting economic development, through the concept of sustainable development; and WHEREAS the Brundtland Report recognized the value and importance of the traditional knowledge of Indigenous people’s and recommended their involve-ment in resource management decisions affecting their traditional lands; and WHEREAS Canada and Quebec have, through the Report of the Canadian Task Force on Environment and Economic, endorsed the principals contained in the Brundtland Report; and WHEREAS as a way of dealing with the lmpacts of their lands and way of life, the Algonquins of Barriere Lake have been urging the Governments of Canada and Quebec to work with them in a trilateral process to apply the Brundtland Report by developing and implementing a conservation strategy within their current land use area; and WHEREAS the objective of the conservation strategy would be environmental conservation and the coexistence of Indigenous and non·lndigenous users; and WHEREAS the conservation strategy is proposed on a pilot project basis for the current land use area of the Algonquins of Barriere Lake and if it is successful could be applied to other Algonquin peoples; and WHEREAS the process proposed by the Algonquins of Barriere Lake is not a land claim and is without prejudice to aboriginal rights and title; and WHEREAS Quebec is objecting to the inclusion of "fish and waters (reservoirs)" as part of the study process leading to the development of the conservation strategy, on the basis that Hydro Quebec refuses to participate; and WHEREAS Quebec is also objecting to the current land use area as identified by the Algonquins of Barrier Lake and instead proposes to use the area identified by

Resolution of Algonquin Council of Western Quebec


“the

conservation

strategy is

proposed on a

pilot project

basis for the

current land use

area of the

Algonquins of

Barriere Lake

and if it is

successful could

be applied to

other Algonquin

peoples”

MLCP and DIA, as per the map annexed hereto; and WHEREAS it Is unreasonable to exclude "fish and waters" especially "reservoirs” in the development of an Algonquin conservation strategy because of the exten-sive reliance of Algonquin peoples on fish and waters, the impacts of reservoirs on the traditional way of life; and WHEREAS the Algonquins of Barriere Lake have engaged in extensive land use mapping research to identify their current land use area and have disclosed and produced the outcome of their research to the Council. IT IS THEREFORE RESOLVED THAT the Algonquin Council support the efforts of the Algonquins of Barriere Lake to institute on a pilot project basis a trilateral process wilh Canada and Quebec for the development and implementation of a conservation strategy for their current land use area; and IT IS HEREBY FURTHER RESOLVED THAT the Algonquin Council urges Quebec to include "fish and waters", especially reservoirs within this process; and IT IS HEREBY FURTHER RESOLVED THAT the Algonquin Council urges Quebec to use, as a basis for this process, the territory which has been ldentified by the Al-gonquins of Barriere Lake, as the area they in fact currently use for hunting, fish-ing, trapping and gathering activities; and IT IS HEREBY FURTHER RESOLVED THAT the process shall be without prejudice to the aboriginal title, jurisdiction, rights and Interests of the Algonquin Nation or any of the communities of the Algonquin Nation; and IT IS HEREBY FURTHER RESOLVED THAT the process shall not deny, preclude or prejudice in any whatsoever the eventual settlement of the land claim of the Al-gonquin Nation. {Original signed By] Chief Harry McDougall, Abitibiwinni Band Chief Jean Maurice Matchewan, Barriere Lake Band Chief Donat Papatisse, Grand Lac Victoria Band Chief Jimmy Constant, Kipawa Band Chief Jerry Polson, Long Point Band Albert Tenasco Jr. for Chief Jean-Guy Whiteduck, River Desert Band Chief Harry St. Denis, Wolf Lake Band Grand Chief Jimmy Hunter, Algonquin Council of Western Quebec Vice-Chief Oscar Kistabish, Algonquin Council of Western Quebec Arlene Lariviere, Secretary, Algonquin Council of Western Quebec Randy Polson, Treasurer, Algonquin Council of Western Quebec Tom Rankin, Elder’s Committee, Algonquin Council of Western Quebec Catherine Anichinapeo, Women’s Committee, Algonquin Council of Western Que-bec Denis Kistabish, Youth Committee, Algonquin Council of Western Quebec [NOTE: Lac Simon Chief & Council adopted the same Resolution]

‘Resolution of Algonquin Council’ conclusion from page 18


”IT IS

THEREFORE

RESOLVED THAT

the Algonquin

Council support

the efforts of the

Algonquins of

Barriere Lake to

institute on a

pilot project

basis a trilateral

process wilh

Canada and

Quebec for the

development

and

implementation

of a

conservation

strategy for their

current land use

area“

Kitiganik - Rapid Lake - Lac Rapide, Qc

Phone: (819) 435-2181 Email: [email protected] Contact: Tony Wawatie, Algonquins of Barriere Lake, Interim Director-General

The Algonquins of Barriere Lake (also known by our Algonquin name, “Mitchikanibikok

Inik”) is a First Nation community of approximately 560 people, situated in the prov-

ince of Quebec, 3 hours drive north of Ottawa, Canada. The socioeconomic conditions

of our community are extremely poor:

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

overcrowded, dusty and badly eroding.

x� Unemployment rates are in the range of 80-90%.

x� There is a housing crisis in our community – on the average, there are 7 per-

sons per home, but the actual numbers go as high as 18-23 per house.

x� Education levels are low and the incidence of diabetes is high.

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

and traditional way of life.

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

forced into the section 74 Indian Act Elective system.

Our current Chief and Council are planning to establish a community process to return

to our Algonquin customary system of governance.

Algonquins of Barriere Lake Chief and Council Newsletter

By Tony Wawatie Youth Protection

This is to inform you that we have had ongoing discussions with youth pro-tection with the assistance of AFNQL social services commission, AFNQL acted as facilitators and translators as well provided first text of draft doc-uments. There has been some back-and-forth working draft agreement to have a an intervention process/plan and to ensure that children, families and com-munity's well being and rights are taken into account. We have a sched-uled meeting on October 20, 2016 in the community at the clinic. One of the things that we really emphasized was the fact that the system does not have a culturally relevant and culturally based approach on interven-tion in respect to Mitchikanabikok Inik customs and traditions. This is still in progress.

Health Canada

Health Canada has always been a complicated file because of the many program managers along with their different criteria and requirements. As it is now, third party management are saying that we are going into deficit in the health programs when in fact that the third-party managers are pay-ing themselves first and in which it puts the community in deficit. We have scheduled meeting with our schedule and October 13, 2016 to discuss medical transportation services, the deficit in the different programs.

Update From Interim Director-General

Documents

Mitchikanabikok Inik (Algonquin's of Barriere Lake ... · Update on Youth Protection & Health 20 Mitchikanabikok Inik (Algonquins of Barriere Lake) Mitchikanabikok Inik (Algonquin's