Kichesipirini Algonquin First Nation

The Kichesipirini Algonquin First Nation is asserting Inherent Right to Political Autonomy and Formal
Recognition of Indigenous Rights as communicated through the development of their Proclamation of
Assertion of the Inherent Right to Political Autonomy and Formal Recognition of Indigenous
Rights of the Kichesipirini Algonquin First Nation

Rights included in the proclamation are:

Formal recognition as an Aboriginal Nation with all freedoms associated with sovereignty and self-
determination, including the right to independently enter into negotiations with the Crown,

Formal recognition of all rights and freedoms granted to persons of Aboriginal ancestry,

Formal recognition of Aboriginal Title to Land, River, Historical Artifacts, Intellectual Property, and
resources

Formal recognition to the right to compensation for losses,

Formal exercise of the Crown’s fiduciary obligation to the Kichesipirini Algonquin First Nation in the
presentation, protection and maintenance of these rights.

Kichesipirini (meaning: "people of the great river") kiche –great, big, sipi--river, ini--people

Largest and most powerful group of Algonkin. Known variously as: Algoumequins de l'Isle, Allumette, Big
River People, Gens d l'Isle, Honkeronon (Huron), Island Algonkin, Island Indians, Island Nation,
Kichesippiriniwek, Nation de l'Isle, Nation of the Isle, and Savages de l'Isle. Main village was on Morrison's
(Allumette) Island.The Kichesipirini are fortunate to be the best documented of all the Algonquin Nations.
Numerous sources clearly describe many details concerning this nation and assist in our understanding of
how this nation lived and defined themselves prior to European contact.

We know that they were Algonquin because:

They lived within the Algonquin territory.

They spoke the Algonquin language.

They shared numerous elements of culture such as clothing and religious traditions with other
Algonquins, and

They were involved in economic, military and political activities with the broader Algonquin
community, ie trade rendezvous and the Iroquois conflict.

There is clear documentation of the existence of the Kichesipirini, in fact it is undeniably the most
documented Algonquin Nation recorded in North American history. The Kichesipirini are clearly recorded
by Samuel De Champlain. He first visited there in 1613, attracted by the superior furs being traded by these
people in the Montreal region. Champlain also recognized the strategic location of the Kichesipirini on
Allumette Island and the role it played in further expanding the fur trade. He visited the Island and those
visits are well recorded, including detailed maps. Champlain was also involved in the political activities of
the Kichesipirini and their recognition as a distinct Algonquin Nation, with extensive connections with the
other Algonquin communities, is well documented. Kichesipirini are also clearly mentioned in the writings
of the Jesuits (Black Robes).

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The Kichesipirini existence has also been proven through major archaeological discoveries, some of the most
famous being completed by Clyde Kennedy in the 1950s. Much of his discoveries on Allumette Island form
the basis of the Algonquin display at the Museum of Civilization in Ottawa and are documented in numerous
books and academic research. There is little doubt that the Anishinabe-Algonkians of Allumette are the
direct descendants of the so-called "Clovis" people, long considered the oldest group of Native Americans.
Clovis points have been found close to the borders of Quebec, in Maine, Vermont, New York, Nova Scotia
and Ontario. Clovis roots date back at least to 14,000 years ago. One nation of "Anishinabe-Algonkians," the
Kiche-sipi-rini" or "People of the Great River," were possibly the first of this ancient culture to settle down
in one place, Allumette Island. Allumette is the largest island in the Ottawa River, the river which forms the
boundary between Ontario and Quebec, and there is evidence of sedentary Anishinabe-Algonkian
settlements there going back at least 6,280 years, and occupation in the area dating back 7,000 years as it
became inhabitable after the Ice Age. From this power base in the centre of the trade route, their influence
and language spread throughout North America. Hence they have been called "The First People. Allumette
Island was a turning point in the civilization of all North American First Nations.

The existence of the Kichesipirini is well documented through out the common history of this region,
although incorrectly as past history. The history of the city of Ottawa refers to the Kichesipirini and the
importance of this Algonquin Nation located in the region of Allumette Island. All encyclopaedias and
historical references of the region identify the Kichesipirini as an Algonquin Nation with a permanent land
base on Allumette Island and controlled the Ottawa River. It is common knowledge.

The existence of the Kichesipirini is also acknowledged throughout the Executive Summary completed by
Joan Holmes, for the Algonquins of Ontario, and is the basis of the current Land Claim. Evidence is also
substantiated in research again completed by Joan Holmes for the Bonnechere Metis and Non-status Indian
Association also referring to petitions during the 1840’s for the Kichesipirini seeking government
recognition. Those petitions represented 140 families and 600 individuals.

Our existence cannot be disputed.

What do we have to prove?

That we are an Indigenous People. √ Proven

That we are of Algonquin descent. √ Proven

That we occupied a traditional territory, prior to European contact and Confederation. √ Proven

That we were a distinct society with a distinct culture and governance system. √ Proven

That we exercised exclusive control of our territory. √ Proven

What rights do we have?

We have the right to be politically recognized and exist as an Algonquin Nation and exercise participation in
nation-to-nation negotiations. We have the right to recognition of Aboriginal Title. We have the right to
recognition and compensation. Those rights are recognized by, but not limited to:

1. National and International Law,

2. The Common Law Rules of Natural Justice,
3. The Royal Proclamation of 1763,
4. Constitutional obligations,
5. Fiduciary Theory,
6. The Royal Commission on Aboriginal People.

Those rights are recognized nationally.

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Canada’s Conditional Sovereignty

The fourth principle is that Canada’s sovereignty is conditional upon Canada protecting forever Crown
obligations to the First Nations. Britain insisted that the Canadian Constitution be patriated upon this
condition.

Canada remains vested with obligations to assure that the self-determination of First Nations becomes a
reality. At the First Minister’s Constitutional Conferences, the Federal Government refuses to face its true
obligations and the Constitutional position of First Nations to date.

The 1982 Constitution Act included section 25 of the Canadian Charter of Rights and Freedoms, which
stipulated that:

guarantees in this Charter of certain rights and freedoms shall not be construed so as to
abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to
the aboriginal peoples of Canada including a) any rights or freedoms recognized by the
Royal Proclamation of October 7, 1763 and b) any rights or freedoms that now exist by way
of land claims agreements or may be so acquired.

In addition, section 35 states, in relevant part:

(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and
affirmed.

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Metis people of Canada.

Those rights are recognized internationally.

"Indigenous Nations have the right of self-determination, in accordance with international law, and by virtue
of that right they freely determine their political status and freely pursue their economic, social and cultural
development without external interference."

1. International Covenant on the Rights of Indigenous Nations, initialled July 28, 1994, art. 2, 3,
available in Fourth World Documentation Project (last visited November 1995)
<http://www.gdn.org/ftp/FWDP/international/icrin.txt>.

First, indigenous peoples typically exist within a geographically defined area and often have
strong cultural and religious ties to their lands.

Second, they may retain some or all of their own social, economic, cultural and political
institutions.

The Indigenous and Tribal Populations Convention, 1957 (No. 107), which is the fourth item on the agenda
of the session, and having determined that these proposals shall take the form of an international Convention
revising the Indigenous and Tribal Populations Convention, 1957, adopts this twenty-seventh day of June of
the year one thousand nine hundred and eighty-nine the following Convention, which may be cited as the
Indigenous and Tribal Peoples Convention, 1989:

Article 1
1. This Convention applies to:

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 (a) Tribal peoples in independent countries who view themselves separate from other
sections of the national community, and whose status is regulated wholly or partially by
their own customs or traditions or by special laws or regulations;
(b) Peoples in independent countries who are regarded as indigenous on account of their
descent from the populations which inhabited the country, or a geographical region to which
the country belongs, at the time of conquest or colonisation or the establishment of present
State boundaries and who, irrespective of their legal status, retain some or all of their own
social, economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for

determining the groups to which the provisions of this Convention apply.

Article 2
1. Governments shall have the responsibility for developing, with the participation of the peoples
concerned, co-ordinated and systematic action to protect the rights of these peoples and to guarantee
respect for their integrity.

2. Such action shall include measures for:

(a) Ensuring that members of these peoples benefit on an equal footing from the rights and
opportunities, which national laws and regulations grant to other members of the population;
(b) Promoting the full realisation of the social, economic and cultural rights of these peoples
with respect for their social and cultural identity, their customs and traditions and their
institutions;
(c) Assisting the members of the peoples concerned to eliminate socio-economic gaps that
may exist between indigenous and other members of the national community, in a manner
compatible with their aspirations and ways of life.

Article 3
1. Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental
freedoms without hindrance or discrimination. The provisions of the Convention shall be applied
without discrimination to male and female members of these peoples.

2. No form of force or coercion shall be used in violation of the human rights and fundamental
freedoms of the peoples concerned, including the rights contained in this Convention.

Article 4
1. Special measures shall be adopted as appropriate for safeguarding the persons, institutions, property,
labour, cultures and environment of the peoples concerned.

2. Such special measures shall not be contrary to the freely-expressed wishes of the peoples concerned.

3. Enjoyment of the general rights of citizenship, without discrimination, shall not be prejudiced in any
way by such special measures.

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We have the right to Aboriginal title.

Extinguishment of Aboriginal title without the consent of the Aboriginal titleholders could only have been
accomplished after Confederation by or pursuant to clear and plain federal legislation, as the provinces do
not have the constitutional authority to extinguish Aboriginal title: ibid., per Lamer C.J.C. at 1115-23.
Moreover, since the enactment of s.35(1) of the Constitution Act, 1982, being Schedule B to the Canada Act
1982, (U.K.) 1982, c.11, even Parliament does not have the authority to extinguish Aboriginal rights: R.v.
Van der Peet, [1996] 2 S.C.R. 507 (hereinafter Van der Peet), per Lamer C.J.C. at 538 (para. 28). As
Aboriginal title is "one manifestation of the doctrine of Aboriginal rights" (R. v. Adams, [1996] 3 S.C.R. 101
(hereinafter Adams), per Lamer C.J.C. at 119 (para. 30)),
Aboriginal title is protected from extinguishment by s.35(1).

Surrender of Aboriginal title can occur by treaty or modern land claims agreement, but once again it must be
clear that the Aboriginal people in question intended to give up their title, as their understanding must be
taken into account and ambiguities resolved in their favour: see Nowegijick v. The Queen, [1983] 1 S.C.R.
29, at 36; Simon v. The Queen,

The Kichesipirini, as an Aboriginal Nation, of proven Algonquin affiliation, with an established exclusive
territory thoroughly documented to be in existence prior to European contact, and prior to Confederation,
and have never willingly surrendered their rights to possession or title of that territory or its resources. The
Kichesipirini were the victims of intentional genocide. Although it has been erroneously assumed that the
Kichesipirini Algonquins were exterminated as a result of these genocides my research, the research of Joan
Holmes, as well as oral tradition proves that the Kichesipirini Algonquins have remained in their territory.
Our title has never been voluntarily surrendered. Therefore our rights to Aboriginal title still remain in tact
because:

It is inalienable - it can't be transferred except to the Crown.

It flows from the "physical fact" of prior occupation of Canada by aboriginal peoples.

It is held communally - it cannot be held by an individual aboriginal person. It is held by the
aboriginal nation on behalf of all of its members.

Aboriginal title lands, like reserve lands, are capable of being used for a wide range of activities
needed for the general welfare of the aboriginal nation.

Aboriginal title lands can be surrendered by an aboriginal nation to the Crown in exchange for money or
other consideration

The Algonquin People of Allumette Island were a distinct Algonquin Nation, often referred to as the
Kichesipirini Algonquins, The People of the Great River, (the Kichesippi). Aboriginal title is not just a
property right - it is also a constitutionally protected right. Because it is recognized and affirmed as an
Aboriginal right by section 35(l) of the Constitution Act, 1982,51 it is accorded protection against
government interference that no other property rights in Canada enjoy. It is our understanding that if an
Aboriginal nation proved, for example, that lands presently in the alleged possession of the Crown were in
the possession of that nation at any time in the past, that past possession should give rise to both a
presumptive title and a presumptive right to recover possession of the lands. This right to recover possession
could be exercised either by peacefully taking possession, if that were possible, or by initiating legal
proceedings. The legal action could be for a declaration of Aboriginal title, but an action of ejectment or for
recovery of the lands might be more appropriate, and more likely to succeed, as it would not be prejudicial to
the interests of persons who were not party to the action. The burden in either case would be on the Crown to
show that it had taken possession of the lands as of right, either because the lands had been unoccupied and
so became Crown lands when it asserted sovereignty, or because Aboriginal title to them had been validly
extinguished or surrendered. The Kichesipirini Algonquins never surrendered their territory. Therefore, the
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Algonquin people of Kichesipirini Algonquin First Nation, never having formally surrendered their title, and
still demonstrating attachment to the territory, continue to hold Aboriginal Title.

Although complications associated with the establishment of the provinces of Ontario and Quebec, and the
Kichesipirini location between, and containing territories in the two, is often sited as justification for the
failure to recognize Kichesipirini Nationhood and Title, legal fact determines that Kichesipirini Algonquin
First Nation existence and title supersedes the authority of both provinces, and those interests should be
protected by the federal government of Canada. It must also be noted that the Kichesipirini Algonquins were
not consulted regarding decisions concerning their land. Provinces have no authority to extinguish
aboriginal rights. While provincial laws of general application might have a valid incidental effect on
Aboriginal title, to the extent that they actually infringe it they would cross the line into exclusive federal
jurisdiction and so offend the principle of interjurisdictional immunity: see Peeling, supra note 87, at 2.1.02-
03. Provincial governments do not have a constitutional right to be at the table, given that Lamer C.J. held in
Delgamuukw, supra note 6, at 82 (para. 175), that "jurisdiction to accept surrenders [of Aboriginal title] lies
with the federal government". The province might be liable as well for breach of the fiduciary duty that the
Crown owes to the Aboriginal peoples: see generally Leonard Ian Rotman, Parallel Paths, Fiduciary
Doctrine and the Crown-Native Relationship in Canada (Toronto: University of Toronto Press, 1996), esp.
244-54. Politically, however, there is no realistic possibility of viable agreements being reached regarding
lands within provincial boundaries without provincial participation, given that the geographic extent of
Aboriginal title is a major issue to be settled and that provincial governments have a direct interest in that
issue, they need to take part in the negotiations, but have no negotiating authority.

Migwetch,
Paula LaPierre
Principal Sachem
Kichesipirini Algonquin First Nation

Kichesipirini Algonquin First Nation

By Honouring Our Past We Determine Our Future

kichesippi@hotmail.com