Fact Sheet: The Temagami Land Claim

Proposed Land Claim Settlement Agreement

Overview

In December 2002, Ontario, Canada, the Temagami First Nation and Teme-Augama Anishnabai reached consensus on the elements of the proposed settlement of the Temagami land claim.

Since 2002, the parties have been clarifying the elements of the proposed settlement and continuing to gather input through meetings with key stakeholder groups.

As of spring 2004, negotiations are drawing to a close. The focus is now on drafting the legal text of a settlement agreement. This Fact Sheet explains the basic elements of the proposed settlement.

Lands

The Province of Ontario and the Temagami Aboriginal community have agreed to seek the creation of an Indian Reserve composed of 330 square kilometres (127 square miles) of land, located within the 385 square kilometres (149 square miles) of land set aside for settlement purposes by the Ministry of Natural Resources in 1996. An additional eight square kilometres (three square miles) of land for the use of traditional families will also be identified.

The Province of Ontario and the Temagami Aboriginal community have agreed that protection for the mainland portion of Management Area 39 around Lake Temagami will be achieved by the creation of a Waterway Class Provincial Park. Areas of high mineral potential, existing private lands and mining lands will be excluded from the park. Existing uses will be maintained in these areas, which will remain subject to the Temagami Land Use Plan. Private property will remain subject to municipal zoning.

The Temagami Aboriginal community recognizes that existing land use plans will form the basis of future and continuing uses of Indian Reserve lands adjacent to Cross Lake.

An Aboriginal community site will be established within the proposed community site planning area at Shiningwood Bay. The plan for the new community site will be developed in consultation with the Province of Ontario and the Municipality of Temagami, prior to the lands being transferred. Development standards will be compatible with those of the municipality.

The Aboriginal community will develop site plans compatible with municipal development standards for Lake Temagami before shoreline development occurs on Indian Reserve lands at Austin Bay and Friday's Point.

Access permits, issued under the Indian Act, will accommodate the continuation of a variety of existing uses such as utilities, roads, tourism activities, recreation and access across reserve land to private properties.

Financial Compensation

The parties have agreed that Ontario will pay $20 million in financial compensation to the Temagami Aboriginal community.

Economic Development

The parties have agreed to measures that are intended to promote economic development for the benefit of the Temagami Aboriginal community and other residents in the region. The settlement provides the Temagami Aboriginal community with a mix of land and money for economic development initiatives totaling approximately $4 million.

The land component consists of four lots on Lake Temagami islands, plus two lots on Rabbit Lake and one on Herridge Lake. The Aboriginal community will also acquire Forestry Island and Islands 574 and 1011 on Lake Temagami, and a serviced lot in the Temagami municipal industrial park. Two businesses will also be acquired on a willing buyer-willing seller basis. These lands will be held as private property and will be subject to municipal standards.

Land Use and Resource Management

The Temagami Aboriginal community and Ontario will conclude a Memorandum of Understanding to address participation, consultation and co-ordination of land use and resource management issues across all of Daki Menan (the land claim area).

Public Involvement

The negotiating teams for the Province of Ontario, the Temagami Aboriginal community and Canada have met regularly with the Public Advisory Committee, Lake Temagami Workshop and Municipal Advisory Group, as well as the Temagami Municipal Council, affected property owners and other groups about the land claim settlement. The Mayor of Temagami, Wayne Adair, has participated on the Ontario negotiating team since 2000.

Public input has also been received through correspondence and other communication (i.e. 1-800 public inquiry telephone line, Web site, etc.) between the negotiating parties and affected interests. There have been four Open Houses since 2000 and Drop In Sessions are planned for summer 2004. Negotiators for the Temagami First Nation and Teme-Augama Anishnabai have also consulted extensively with the Temagami Aboriginal community.

Milestones – Proposed Timetable

Fall 2004	Negotiations Conclude
Summer 2005	Ratification – Temagami Aboriginal Community
Fall 2005	Ratification – Ontario
Winter 2006	Ratification – Canada
Summer 2006	Signing Ceremony at Bear Island
2006 and beyond	Multi-year implementation process

Implementation of Settlement Agreement

Once the agreement is ratified by each of the parties, implementation of the settlement agreement can begin. It will take approximately 10 years or more to implement all of the terms of the agreement, including transferring the financial and land elements of the compensation, creating the reserve and establishing the new waterway park.

The following is a summary of the main implementation committees and processes:

An Implementation Committee, appointed by the parties to the agreement, will be formed to co-ordinate, oversee and monitor the process of implementing the terms of the settlement agreement.

The established Ministry of Natural Resources Park Planning and Management process will be followed in the creation and management of the Waterway Class Provincial Park. The park will include most of the mainland shoreline of Lake Temagami.

There will be a Site Planning process to guide the development of a community site plan at Shiningwood Bay.

A Traditional Family Lands process, carried out in accordance with the Ministry of Natural Resources' established land disposition processes, will identify and transfer up to 14 parcels of Crown land, totaling eight square kilometres, to the Temagami Aboriginal community.

The established Ministry of Natural Resources' Forest Management Planning process will be followed by the Temagami Aboriginal community, should they choose to harvest timber on Crown land prior to the land becoming an Indian Reserve.

A Temagami Aboriginal Community/Municipality of Temagami/Ontario Co-ordination Committee will be created as a forum for information sharing between governments. The Co-ordination Committee's primary focus will be on land use and resource management. It will also address planning-related initiatives by any of the parties which may affect other parties in the area.

Public Updates

The parties are committed to ensuring that the public will be informed about developments after ratification of the agreement; there will be regular public updates to provide interested individuals with information on the progress of implementation. The public will be invited to contact implementation representatives, including an implementation co-ordinator to be hired by the Ontario Native Affairs Secretariat, to discuss any questions or concerns related to the implementation process.

Maps

For more information, you can contact the negotiators:

Doug McKenzie or Mike Molyneaux
Daki Menan Negotiation Office
Phone: (705) 237-8627
or 1-888-737-9884

Doug Carr
Ontario Native Affairs Secretariat
Phone: 416-326-4741

Linda MacWilliams
Indian and Northern Affairs Canada
Phone: 416-973-6923

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