Local First Nations
&
Duty to Consult
Monday November 18th, 2013
East Northumberland Secondary School
Grade 12 Indigenous Class
Agenda
Introductions
Curve Lake First Nation
Local First Nations
Consultation
Royal Proclamation
Treaties/Land Claims
Curve Lake First Nation
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Mud Lake Band #35
recognized as a reserve in
1889
Curve Lake First Nation - 1964
Curve Lake is compiled of 2
reserves
 #35 and #35A (Fox Island)
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Membership 2000+
Co-owns Islands of the Trent
with Hiawatha and Scugog
First Nations
Local First Nations
Mississauga First Nations are the signatories to the Treaties that
allowed for settlement within this area
On reserve population: 250
Off reserve population: 342
On reserve population: 300
Off reserve population: 650+
On reserve population: 764
Off reserve population: 1161
On reserve population: 53
Off reserve population: 220
Consultation
The Duty to Consult stems from…
 The Royal Proclamation of 1763
 The Constitution Act, Canada Section 35 (1) 1982
 Supreme Court rulings
• Haida Nation
• Taku River Tlingit First Nation
• Mikisew Cree First Nation
 United Nations Declaration of Rights of Indigenous
Peoples (UNDRIP)– November 12th, 2010.
Royal Proclamation
 Guidelines for European settlement
 Issued by King George III in 1763
 Claim for British territory in “North
America”
 Settlers - purchased lands through Crown
only
Royal Proclamation
“Indian Magna Carta”
Aboriginal Title and Rights
• Self Determination
All unceded lands
Foundation for Treaty making
No Aboriginal input – Royal Proclamation
• Monopoly over Aboriginal lands – British Crown
Accommodation
 Proposed activity - adversely affect a right
(Aboriginal or Treaty)
 Different based on level of impact and
Aboriginal/Treaty Rights
 Mitigation process to seek compromise
conflicting interests
 Compensation – Impact Benefit
Agreement
What is a TREATY?
 Formally ratified agreement under
international law
• legally binding
 Government of Canada & the Courts
understand Treaties between the Crown and
First Nations people to be solemn agreements
that set out;
• Promises
• Obligations
• Benefits for both parties
 Different interpretations – Court Cases
Williams Treaties
Date: 1923
Location: At each reserve
Signed By (Indian side): Chippewas; Christian Island
(Beausoleil), Georgina Island, Rama (Mnijikaning).
Mississauga; Alderville, Curve Lake, Hiawatha, Scugog.
With Whom: Commissioners; P.S. William, R.V. Sinclair,
Uriah McFadden
In Attendance: Witnesses; Katherine Moodle, R.J.
McCamus
Received: 250,000.00
Given Up: Their share of aboriginal title to the
Northern hunting grounds of 17600 sq. mi., more or
less (clause 1), 9 Townships and Gunshot Treaty lands
containing 2500 sq mi., more or less
Southern Ontario Mississauga
Treaties
•Gunshot Treaty - August 26th, 1788
• Simcoe Treaty - 1792
•Rice Lake Treaty - November 15th, 1818
•Island of the Trent Treaty - June 24, 1856
Gunshot Treaty
Date: August 26th, 1788
Location: Meeting at Fort York
Signed By (Indian side): Unknown
With Whom: Lieutenant Colonel John Butler –
Indian Affairs
In Attendance: Unknown
Received: No Compensation
Given Up: Land on the North shore of Lake
Ontario from Toronto (1787 Toronto Treaty) on
the west to the Bay of Quinte (1783 Crawford
Treaty ) on the east as far north from shore as far
as a gunshot could be heard, generally
interpreted as far north as Rice Lake
Simcoe Treaty
Date: 1792
Location: Unknown
Signed By (Indian side): Unknown
With Whom: Unknown
In Attendance: Unknown
Received: No treaty surrender prior to 1923 and
was not recognized, considered or compensated
in the 1923 Williams Treaty
Given Up:
•In the Municipality of York;
•the Townships of East Gwilliumbury,
North Gwilliumbury, Georgina, and
Whitchurch
•In the County of Ontario;
•Townships of Brock, Reach, Scott, Thorah
and Uxbridge
Islands of the Trent Treaty
Date: June 24, 1856
Location: Mud Lake (Curve Lake First Nation 35)
Signed By (Indian side):
Chiefs and Principal Members: G. Paudash, J.Crow,
R.Soper, P.Noogee, J.Bigman, J. Crane, J.McCue, P. Patchey,
I.Irons, J.Muskratt
With Whom: T.J. Anderson Superintendent of Indians
Affairs
In Attendance:
Witnesses: J. Short, L. Skye, M.G. Paudash (Interpreter), J.
Fawn, J. Schofield, W. Marsden, J.Crane Jr.
Received: Revenue from the sale of these properties to be
safely invested with interest from theses investments to
be paid annually
Given Up: All islands and mainland in Newcastle and
Colborne Districts including in Rice Lake not yet ceded
excluding Reserve (Islands of the Trent Waterway System).
Rice Lake Treaty / Treaty 20
Date: November 15th, 1818
Location: Unknown
Signed By (Indian side):
Chiefs: Buckquaquet, Pishikinse, Pahtosh, Cahgahkishinse
Principal Men: Cahgagewin, Pininse
With Whom: Honourable William Claus Deputy SuperIntendent General, Indian Affairs
In Attendance:
Witnesses: J. Givins, Supt, Indian Affairs
William Hands, Clerk, Indian Affairs
Williams Greut, Intepretor, Indian Affairs
Received: 740 pounds of goods paid annually – that is, for every
living man, woman and child, 10 dollars in good annually but
upon death between payment periods, no partial payment would
be made for that pay period.
Given Up: 1 952 000 acres in Victoria, Peterborough and Hasting
Counties.
Land Claims
3 Types of Aboriginal Claims
• Specific
• Comprehensive
• Other
Local First Nations just received
money for ‘nothing’
Trent Severn Waterway - 1833 – dammed water
system to allow for navigation
Curve Lake, Hiawatha and Scugog First Nations Islands of the Trent Treaty 1856
– 12,000 acres of land owned by First Nations were drowned
– First Nations were never compensated - initiated claim to seek
compensation for loss of land.
– Settlers were compensated for their loss of land.
Islands of the Trent Claim Settlement
 3 Mississauga First Nations
negotiated with Canada and
Ontario Government for over
10 years.
 Mississauga First Nation
Communities
• Community meetings
• Ratification vote - March
27th, 2012
“This is a historic day, it has been a long battle…it was joyful at times and heart
wrenching at others…”
MIIGWETCH
IF YOU WOULD LIKE MORE INFORMATION, PLEASE CONTACT US:
Krista Coppaway – Communications/Community Engagement
Officer
Corey Kinsella - Lands Resource Consultation Liaison
Curve Lake First Nation
Phone - 705-657-8045
Email: communicationofficer@curvelakefn.ca
Email: cdutytoconsult@curvelakefn.ca