A MESSAGE FROM ALGONQUINS OF PIKWAKANGAN FIRST

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February 22, 2016
A MESSAGE FROM ALGONQUINS OF PIKWAKANGAN
FIRST NATION CHIEF AND COUNCIL
Questions and Answers on the
Proposed Algonquin Agreement-in-Principle
NOTE: this is a further amendment to our letter of February 17, 2016 which was provided to some Members of
Pikwakanagan
We are writing to you at this time not to tell you how to vote on the proposed Agreement-in-Principle (AIP), as
others are trying to do, but to address some of the misinformation that is being spread from numerous sources and
through social media.
In the interests of truth, it is essential that we try to provide the facts about certain issues. We remind all Members
that a ratified AIP will still be non-binding and not a legal document contrary to some people’s beliefs. Therefore,
a successful AIP vote does not affect your rights but only sets the table to continue negotiations towards a final
agreement. Then you will decide if the negotiated amendments and improvements are adequate.
Does the AIP propose the extinguishment of Aboriginal title or Aboriginal rights?

No. The AIP proposes to continue as modified existing Algonquin Aboriginal rights and title and paragraph
2.3.6 expressly states that none of those rights is extinguished. This applies to Aboriginal rights such as
harvesting rights, and to Aboriginal title. The AIP, and eventually, the Treaty is intended to clarify and
constitutionally protect those rights not “extinguish” them.
Will the Algonquins of Pikwakanagan First Nation be forced to give up its reserve status and the section
87 tax exemption?

No. Canada wants a self-government agreement with the Algonquins of Pikwakanagan First Nation that
takes the First Nation out of the Indian Act. The Chief and Council have taken no position on the eventual
form that self-government might take, and only preliminary and exploratory discussions on the options have
taken place as you have asked us to do.
1657A Mishòmis Inamo
Pikwàkanagàn
Golden Lake, Ontario K0J 1X0
Tel: (613) 625-2800
Fax: (613) 625-2332
If the negotiations continue following the ratification vote, the Chief and Council intend to continue to
engage the Algonquins of Pikwakanagan First Nation Membership in all discussions and deliberations on
self-government.
At some point only the Members of the Algonquins of Pikwakanagan First Nation will have to decide on the
pros and cons of a self-government proposal. A vote of those Members will decide whether this is
something they want or not.
IF a self-government proposal eventually materializes out of the negotiations involves the elimination of
reserve status and the section 87 tax exemption, it will be up to Algonquins of Pikwakanagan First Nation
Members to decide whether other aspects of the proposed self-government agreement more than make up
for those changes.
This is a decision that must be made with all the relevant facts in place at the time decision is made,
based on an actual draft agreement and not on the basis of speculation and innuendo.
We want to stress that to date there have been no negotiations on self-government and that nothing has
been agreed upon. We think it would be premature to say no to self-government negotiations at this point
and eliminate the real possibility of securing long-term recognition and protection as a First Nation, and as
Members of the First Nation, than what the current situation holds. Currently under the Indian Act there will
come a time where there will no longer be any Algonquins of Pikwakanagan First Nation Status Indians, no
Pikwakanagan First Nation, therefore Pikwakanagan Reserve will cease to exist.
If you decide to have a sectoral type of Self government in place and you decide that determining our own
Membership is desirable then we would seek to negotiate these in a final Treaty.
Will non-status Voters decide if the Algonquins of Pikwakanagan First Nation is no longer under the Indian
Act including the loss of the reserve and the section 87 tax exemption?

No. Only Members of the Algonquins of Pikwakanagan First Nation will be involved in a decision about
self-government for the First Nation.
If the Algonquins of Pikwakanagan First Nation rejects self-government arrangements, will there be no
Algonquin Treaty?

No one can be forced to accept self-government. This is a contradiction in terms. If the Members of the
Algonquins of Pikwakanagan First Nation do not accept the self-government proposal that is negotiated,
we will demand that Ontario and Canada amend their mandates so that the issue of Pikwakanagan First
Nation self-government be decoupled from the remaining issues.

Thus, if no successful self-government agreement can be reached, or if the Members of the Algonquins of
Pikwakanagan First Nation clearly indicate they are opposed to the proposed form of self-government, we
can ask Ontario and Canada to complete the lands and resources portion of an Algonquin Treaty.
Is the package of rights and benefits in the proposed AIP enough?

Each Voter must decide this. We believe that we have pushed Ontario and Canada to the limits of their
current mandates. We believe that a court proceeding would not necessarily improve the package, while
costing many years and millions of dollars, as well as forgoing the use of capital and land, perhaps for a
generation.
2
1657A Mishòmis Inamo
Pikwàkanagàn
Golden Lake, Ontario K0J 1X0
Tel: (613) 625-2800
Fax: (613) 625-2332

The package includes a $300 million capital transfer, adjusted for cost of living to the Effective Date, by
which time it will be about $350 million. This cash component is being supplemented by other incomegenerating opportunities such as the Rockcliffe redevelopment, 401 LeBreton Street and other projects that
are made possible by these negotiations.

The land selections may be a small percentage of the entire Settlement Area but they have been chosen
as the best of what remains available. Pikwakanagan has been able to build a strong community on a
parcel of land that is a tiny fraction of the proposed Settlement Lands. These selections do not, in any way,
limit existing Aboriginal rights throughout the Territory.

Parcels of valuable federal land will be added to the land package.

It has taken more than 250 years to reach this point. We have the opportunity to build on the proposed AIP
and to ask Voters for their opinion on a Final Agreement in a few years.
Why are so many non-status Algonquins included?

This would be an Algonquin AIP and it is intended to lead to an Algonquin Treaty. We have tried to
determine which people, in law, possess Algonquin Aboriginal rights and title.

The Algonquin people petitioned the Crown for justice repeatedly, but no treaties were made and no
reserves were created in Ontario until Pikwakanagan purchased its reserve. The Algonquin Treaty must
address these historic wrongs which include granting status only to those who came to Golden Lake Indian
Reserve #39. Many ancestors chose not to and were not granted Indian Status.

Part of this process must include determining which persons of Algonquins descent with no Indian Act
status have Aboriginal Rights. The plan is to ensure this determination is complete prior to a final Treaty.
Can the Final Agreement include items not in the AIP?

Yes. Our Principal Negotiator and Senior Legal Counsel has already written to the appropriate Ministers
for Ontario and Canada regarding a number of items that we want to be added to the future negotiation
agenda.

We also want to stress that mandates and Positions of the Parties can be changed and amended if
negotiations proceed. Chief and Council has also made direct representation to the Provincial Government
through the Minister of Aboriginal Affairs in this regard.
Are we dividing the Algonquin Nation by excluding Quebec Algonquin First Nations?

In the 1970s it was the hope of all Algonquins to have a unified negotiation with the Crown towards a
modern-day Algonquin Treaty. However, the Algonquin First Nations in Quebec were not prepared to do
the historic research on land use and occupation necessary to get into treaty negotiations. The Algonquins
of Golden Lake (as Pikwakanagan was known at the time) informed the other First Nations that it would
proceed on its own, on behalf of all Ontario Algonquins. To delay further would prejudice the rights of the
Algonquins and our right to a timely Treaty.
3
1657A Mishòmis Inamo
Pikwàkanagàn
Golden Lake, Ontario K0J 1X0
Tel: (613) 625-2800
Fax: (613) 625-2332

Some Algonquin First Nations in Quebec have criticized the AOO AIP. They have accused the AOO of
extinguishing rights, including their rights. This is completely false. The fact is that the proposed AIP,
which is not binding, does not impact, either directly or indirectly, the rights of the Quebec Algonquins in
any way at all, either in Quebec or in Ontario.

It remains our hope that one day the Algonquin Nation can be unified. We remain optimistic that the recent
Federal election and the statements made concerning enhancements to Aboriginal issues may work to our
benefit if these negotiations continue.
Regards
Chief and Council
Algonquins of Pikwakanagan First Nation
4
1657A Mishòmis Inamo
Pikwàkanagàn
Golden Lake, Ontario K0J 1X0
Tel: (613) 625-2800
Fax: (613) 625-2332
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