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ALGONQUINS OF PIKWAKANAGAN

TURNING THE TABLE


FROM TERMINATION TO SELF-DETERMINATION
Presented By

Russell Diabo, First Nations Policy Consultant


February 17, 2016

Algonquins of Pikwakanagan
Considerations for Pulling Out of
AOO AIP

Overview of Federal
Policies
UN Human Rights/UNDRIP
AOO-AIP Impacts
Pulling Out of AOO
Negotiation Process-Issues
Liberal 2015 Promises

Overview of Federal
Comprehensive
Claims/SelfGovernment
Termination Policies

FATHERS OF CONFEDERATION
First legislative Assembly July 1, 1867

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

Provincial Powers Section 92


Direct Taxation within Province
Management/Sale of Public Lands belonging to
Province
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

CONSTITUTION ACT 1982

Constitutional Colonization
vs. Decolonization

Sec.
91.24

Sec. 35

Proposed Distinct
Order of Indigenous
Government
Federal Powers
Section 91

First Nations
Powers
Section 35

Provincial Powers
Section 92

Supreme Court of Canada:


The Judges

FEDERAL CORE MANDATES


= KEY GOALS/CLAUSES

Getting consent to the


extinguishment (modification) of
Aboriginal Title;
Getting consent on the legal release
of Crown liability for past violations of
Aboriginal Title & Rights;
Getting consent to the elimination of
Indian Reserves by accepting lands
as private property (fee simple);
Getting consent to removing onreserve tax exemptions;

FEDERAL CORE MANDATES


= KEY GOALS/CLAUSES

Getting consent to respect existing


Private Lands/Third Party Interests (and
therefore alienation of Aboriginal Title
territory without compensation);
Getting consent to be assimilated into
existing federal & provincial laws;
Getting consent to application of
Canadian Charter of Rights & Freedoms
over governance & institutions in all
matters (individual vs. collective rights);
Getting consent to program funding on
a formula basis being linked to own
source revenue;

13

Extinguishment of Aboriginal
Title Legal Techniques

certainty and finality;


modified and released;
and
Non-assertion of rights.

Average Cash & Land


Components of Modern
Treaties

Cash & Land: The


Comprehensive Claims
Formula: $25,600 per
head 9.3 Hectares (23
acres) per head

Comprehensive Claims Settlements

Comprehensive Claims &


Self-Government
Negotiations

Algonquins of Ontario
A Fabricated Group

Algonquin Wampum Belts

1764 Great
Chain
Wampum

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

Haudenosaunee & Seven Nations

Mohawks
Tuscaroras
Cayugaes
Coghnawageys (Kahnawake)
Nanticokes
Mohicanders
Nipissengs

Oneidaes
Onondagaes
Senecas
Ganughsadageys (Kahnasatake)
Canoys
Algonkins

Chippawaes
Menomineys
Outagamies (Fox)
Christineaux (Cree)
Toughkamiwons
[Nipissangs]

Ottawaes
Sakis
Puans (Ho-Chunk Winnebago)
Hurons
[Algonkins]
{Reynards}

The Western Confederacy

Algonquin Nation Circa 1850-1867

AOO Aboriginal Title Extinguishment Area

AOO-AIP Impacts on
Pikwakanagan Members

The DEFINITION of Algonquin used in


the AOO AIP is too broad and the
Referendum Voters List includes over
7,000+ individuals and out of the
7,000+ potentially thousands have little
or no connection to the Algonquin
Nation. (Preamble/Chapter 1/Chapter
3). Pikwakanagan Members are less
than 10% of Registered voters.

AOO-AIP Impacts on
Pikwakanagan Members

EXTIINGUISHMENT USING MODIFY &


RELEASE TECHNIQUE- The AIP
accepts extinguishment of
Algonquin Aboriginal Title with no
compensation for past treatment of
Algonquin Peoples or theft of
Algonquin lands & resources by
governments. (Chapter 2)

AOO-AIP Impacts on
Pikwakanagan Members

ONLY 1.3% LANDS OFFERED AS


MUNICIPAL LANDS - The Ontario will
transfer approximately 117,500 acres of
Settlement Lands to Algonquin
Institutions (pg. 28). Thats only 1.3% out
of the approximately 9 million acres of
Algonquin Nation lands in what is now
known as Ontario that Pikwakanagan
Members are giving up. (Chapter 5)

AOO-AIP Impacts on
Pikwakanagan Members

ONLY $300 MILLION OFFERED MINUS THE LOAN


REPAYMENT - Canada and Ontario shall make a
Capital Transfer of $300 million to an Algonquin
Institution (pg. 45). Take off the AOO/Pikwakanagan
Loan of about $20 Million so far and countingsince
it would take years to negotiate a Final
Agreement. This money wont go to individuals it will
go to an Algonquin institution controlled by the
Instant Algonquins will outnumber and outvote
Pikwakanagan Members. This is NOT compensation
and doesnt reflect the true value of the lands and
resources illegally taken by Ontario & Canada from
Algonquin Peoples. (Chapter 6)

AOO-AIP Impacts on
Pikwakanagan Members

OUTNUMBERED & OUTVOTED At AOO Table


Pikwakanagan has 7 votes & AOO has 9
votes. The AIP accepts that all self identified
Instant Algonquins will get constitutional
section 35 status as Beneficiaries and will
continue to outnumber and outvote
Pikwakanagan Members under the AOO
Negotiation Process and the so-called
Modern TreatyWho is an Algonquin and
entitled to benefits from agreements should
be an Algonquin Nation issue not just for one
band to decide.

AOO-AIP Impacts on
Pikwakanagan Members

GIVE UP RESERVE - The AIP


accepts that the Golden Lake
Reserve will become private
property (Fee Simple) under
municipal government like
anywhere else in Ontario.

AOO-AIP Impacts on
Pikwakanagan Members

GIVE UP TAX EXEMPTION & BECOME A


MUNICIPALITY - The AIP accepts that
the Pikwakanagan Indian Act Band
Council system will become a
Municipal type government through a
separate Self-Government Agreement
& Pikwakanagan Members give up tax
exemption. You will pay all taxes like
any non-Algonquin Ontario Resident!

AOO-AIP Impacts on
Pikwakanagan Members

The federal government has made its


position clear that according to
Canada's policy after a
self~government agreement has been
negotiated for Pikwakanagan the
Pikwakanagan Reserve will cease to
exist and the s. 87 tax exemption will no
longer apply. [Letter of June 15, 2013, to
Jim Pine from Brian A. Crane Chief
Ontario Negotiator]

Pulling Out of AOO


Negotiation Process:
Issues

Pikwakanagan Members
Considerations

Reconsider the basis of Land


Claim.

Relationship with AOO What


happens with Interim Harvesting
Agreements, jobs, funding
arrangements, loan, etc.?

Pikwakanagan Members
Considerations

Relationship with Canada &


Ontario What happens to
Pikawakanagan consultations &
negotiations?

Relationship with Algonquin Nation


What happens in areas of
overlap shared territory?

OPTIONS
FOR PIKWAKANAGAN

2014 - SCC Tsilhqotin


Decision on Aboriginal Title

International Human
Rights Bodies/Standards

UN Human Rights Committee


Recommendations (1999)
The Committee
recommends that the
practice of extinguishing
inherent Aboriginal rights
be abandoned as
incompatible with article 1
of the Covenant.

UN Human Rights Committee


Recommendations (1999)

The Committee endorses


the recommendations of the
RCAP that policies which
violate Aboriginal treaty
obligations and
extinguishment, conversion or
giving up of Aboriginal rights
and title should on no account
be pursued by the State Party.

United Nations Declaration


on the Rights of Indigenous
Peoples (2007)

Selected Articles of UNDRIP


Article 3 Right to Self-Determination.

Article 10 No forced removal w/o FPIC.


Article 19 FPIC required before
legislation/administration measures.

Article 26 Rights to lands, territories, resources.


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

Article 32 FPIC required for and development


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

Assembly of First
Nations
Mandate

Develop a Federal Comprehensive


Land 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 Nationto-Nation basis, in direct consultation with Aboriginal
Title First Nations, to undertake a process to replace
the federal Comprehensive Claims Policy (CCP) with a
policy that recognizes and respects Aboriginal Title
and Rights in accordance with Canada's
Constitutional obligations, the Tsilhqot'in Nation
decision, and consistent with the United Nations
Declaration on the Rights of Indigenous Peoples.

Develop a Federal Comprehensive


Land Claims Policy Based on the Full
Recognition of Aboriginal Title
2. Call on the Government of Canada to
forgive all outstanding loans incurred by First
Nations as a result of negotiating under the
federal CCP.
3. Call on the Government of Canada to
exclude all areas that are subject to
overlapping Aboriginal Title and Rights
claims from Comprehensive Land Claims
Agreement-in-Principle negotiations and to
assist, where possible, and when requested
by First Nations, the negotiation of shared
territory agreements between First Nations.

Liberal Aboriginal
Platform
Commitments
2015 Election

Justin Trudeaus 2015


Commitments
During the election campaign, the platform
commitments (including the Liberal Party of Canadas
October 8, 2015, response to the BC First Nations
Leadership Council) stated that a Liberal government
will:

Immediately re-engage in a renewed nation-to-nation


process with Indigenous Peoples to make progress on
the issues most important to First Nations. . .
Prioritize developingin full partnership with First
Nationsa Federal Reconciliation Framework. This
framework will include mechanisms to advance and
strengthen self-government, address outstanding land
claims, and resolve grievances with both existing
historical treaties and modern land-claims
agreements.

Justin Trudeaus 2015


Commitments

Enact the 94 recommendations of the Truth and


Reconciliation Commission, including the adoption
of the United Nations Declaration on the Rights of
Indigenous Peoples.

Recognize and respect Aboriginal title and rights in


accordance with Canadas Constitutional
obligations, and further those enshrined in the UN
Declaration on the Rights of Indigenous Peoples.

Immediately lift the two percent cap on funding for


First Nations programs, and establish a new fiscal
relationship with First Nations one that provides
them with sufficient, predictable, and sustained
funding to support the priorities of First Nations
communities.

Justin Trudeaus 2015


Commitments
The Liberal Party of Canada has endorsed the
recommendations in the Eyford report in their entirety
and is committed to working in partnership with First
Nations to fully implement them. We will look to First
Nations leadership for guidance when making
decisions on where investments should be made.

Undertake a full review of regulatory law, policies, and


operational practices, in full partnership and
consultation with First Nations to ensure that the Crown is
fully executing its consultation, accommodation, and
consent obligations, including on resource
development and energy infrastructure project reviews
and assessments, in accordance with our constitutional
and international human rights obligations

Trudeaus 5 Point Plan


(Priorities)

Launch a national public inquiry into missing


and murdered indigenous women.
Make significant investments in First Nations
education.

Lift the two per cent cap on funding for First


Nations programs.

Implement all 94 recommendations from the


Truth and Reconciliation Commission.

Repeal all legislation unilaterally imposed on


indigenous people by the previous government.

CONCLUSION

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Conclusion

What will the Trudeau


government do about land
claims, historic Treaties and
self-government policies?

How will Trudeau government


interpret section 35 rights?