Algonquin Land Claim Agreement In Principle Fosters Concern On All Sides

Jeff Green | Feb 07, 2013

If the Algonquin Land Claim Agreement in Principle (AIP) were a great big pot of stew, it might be said that concerns about some of the provisions and language within the pot have started to bubble over, from all sides.

On January 23, the chiefs from the Algonquin communities of Timiskaming, Wolf Lake and Eagle Village, located along the Upper Ottawa River on the Quebec side, put the Ontario, Quebec and federal governments on notice that they are asserting their rights to their traditional territories.

The timing of the assertion is no coincidence, since much of the territory involved overlaps with territory included in the AIP between the two levels of government and the Algonquins of Ontario.

"Our communities retain un-extinguished Aboriginal title. We have never surrendered our rights, by treaty or otherwise. What we need today is a recognition of those rights, and we are presenting this evidence to ensure effective consultation on matters affecting our interests," said Chief Terence McBride of Timiskaming. "We want to participate as true partners in the regional economy."

Gilbert Whiteduck, the chief of the Kitigan Zibi First Nation, which is located further inland on the Quebec side, has also said that he is consulting with lawyers to see how the Ontario Algonquin Land Claim can be halted, so that a comprehensive claim on the Ontario and Quebec sides of the border, can be negotiated, and he welcomed the assertion of rights by Timiskaming, Wolf Lake and Eagle Village.

There are 10 status Algonquin communities on the Quebec side of the border, and only one, Pikwàkanagàn, on the Ontario side. One of the unique features of the Algonquin Land Claim in Ontario is the inclusion of nine non-status Algonquin communities in the claim.

Recipient status in the claim is not limited to those individuals and communities who fit within the framework of the embattled Canadian Indian Act.

Instead of the blood quantum requirements of the Indian Act, any individual who is able to prove they are a direct descendent from a registered Algonquin individual is eligible for inclusion in the claim.

This requirement has worked well over the years in bringing more individuals and communities on stream. This week, however, there are proceedings underway at a hotel in Pembroke that could have a major impact on at least one Algonquin community, the Shabot Obaadjiwan.

A former Ontario judge will hear the appeal of the Algonquin status of Simon Gene Bedard and Simon Jude Bedard. The two brothers were among the first Algonquin settlers to be established in the vicinity of Sharbot Lake in or around 1840, and about 2/3 of the membership of the Shabot Obaadjiwan trace their Algonquin lineage to them. The appeal intends to settle a question that has dogged the local community ever since the Land Claim talks got underway over 20 years ago. Some members of the Sharbot and Badour families have continually claimed that the families’ roots are Mohawk and not Algonquin. By settling whether the Bedard brothers were Algonquin or Mohawk in a formal hearing, that question may be put to rest. The implications if the judge rules the two men were Mohawk is not clear, but it could potentially shrink the membership of the Shabot Obaadjiwan considerably.

While all of these issues have been sorting themselves out on the Algonquin side, there has been activity among the general population as well.

Frontenac Lennox and Addington MPP Randy Hillier held two public sessions last week, one in Sydenham and one in Perth.

At the Sydenham session, Hillier outlined his analysis of the Agreement In Principle, and pointed to some of his concerns. When the floor was open for comment, a number of people talked about the future prospects for hunting on the parcels of land that are slated for transfer to the Algonquins of Ontario.

“I have a small hunt camp that is surrounded by Crown Land, where we hunt, but most of that land will become Algonquin Land,” said one man.

Hillier said that it is imperative for anyone with a historic connection to the land that is to be transferred, to let the land claim negotiators know.

“Anyone who has a piece of land that they have been using, that is part of the claim and that is undocumented, needs to get in touch with land claim negotiators,” said Hillier, “and if you could cc me with any correspondence, my office can keep track of what is going on,” said Hillier.

Much of the concern expressed at the meeting in Perth came from property owners in the vicinity of Crotch Lake, the site of a proposed provincial park.

The proposal for the park, which would encompass a large swath of land that is bordered by Hwy. 509 to the east and north, and Ardoch Road to the south, has raised concerns, even anger, among some of the adjacent landowners.

Ginny Schnupp, who co-owns the Land O'Lakes Lodge on Crotch Lake with her husband, was left with a host of questions when she received notification from the Ministry of Natural Resources about the park.

“First of all, we don't know what kind of park they are talking about or who is going to manage it,” said Schnupp.

The notification she received described the proposed park as “a natural heritage park that will be part of the provincial park system. It will provide for the protection of historic and cultural values the Algonquin are seeking, while maintaining recreational opportunities for the public.”

A lack of clarity about whether it would be the Algonquins, the Ministry of Natural Resources (MNR), or the township who would have authority over land use, campsites, fishing and hunting on the surrounding lands makes Schnupp wonder about “the impact on my property values and the viability of my business.”

Land O'Lakes Lodge is a 6-acre resort on 800 feet of waterfront. It has 10 cabins ad two other units. The Schnupps sold everything they owned to buy the business and built their own year round home on the site.

Their business is also their home and their only major financial asset.

“We need answers to some of our questions about the park, and about the three islands on the south part of the lake that are marked for transfer,” she said.

Among those islands is one called Long Island, and one nicknamed Honeymoon Island, which has the best sand beach in that part of the lake.

“Our customers have used those islands for years, but they are going to be turned over,” she said.

“The biggest problem I have right now is that every person I talk to at the MNR or Aboriginal Affairs or the land claim team has something different to say about what is going to happen,” she said.

There will be a meeting, admittance by invitation only, on February 20 at the Clar-Mill Hall for landowners directly affected by the park.