Aboriginal Governance
Questions and Answers
Will I be able to go on the proposed reserve to canoe, hike or camp?
The Province of Ontario and the Temagami First Nation have agreed to create a provincial park for the use and enjoyment of the public on most of the shoreline on Lake Temagami.
The Temagami First Nation will retain the discretion to make land use decisions on the non-park areas of the Indian reserve. The Temagami Aboriginal community will develop a land use plan for the new reserve lands, which will lead to policies and procedures for accessing the lands. These could be part of an overall approach to recreation management for the Temagami area, should the Temagami Aboriginal community, the Town of Temagami and the Ministry of Natural Resources choose to undertake a larger integrated recreation management plan.
There will continue to be a right of public navigation on all navigable waterways in the area, regardless of whether the beds are to become reserve land. Further, the Temagami First Nation has agreed to the use of Indian Act—Section 28 land use permits to allow for the ongoing use of specific trails, portages, campsites and canoe routes on reserve lands.
How will the proposed park on Lake Temagami change the way the land can be used, e.g., access to the lake, camping, mining?
The proposed park, which will incorporate most of the mainland shoreline of Lake Temagami, including those portions of the proposed reserve fronting Lake Temagami, will be a waterway class provincial park.
The Park will operate under Ontario Parks rules, governed by a Park Management Plan developed with input from the public, and will maintain existing permitted land uses on the shorelands of Lake Temagami, excepting mineral exploration or development activities on the surface of the park.
What impact will the mainland Aboriginal community site have at Shiningwood Bay?
The mainland community site at Shiningwood Bay forms an essential part of the settlement claim. The site was selected by the Temagami First Nation through a community process that is consistent with their culture and history. The establishment of a mainland community site is important because the community currently resides on Bear Island, which limits development potential. The parties have agreed to a site planning area that can accommodate the future growth of the whole community.
It is understood that the impact of development on the shoreline will be addressed through the use of modern planning concepts. The site plan will address provincial environmental standards, municipal development standards, and applicable federal standards, including a full environmental assessment where federal funding is used to undertake such development. The Temagami Aboriginal community has agreed to conduct public consultations about its plans for the development of the community site. Ontario will not agree to transfer the land unless the community site plan meets these requirements.
Where does the financial compensation go?
Most of the financial compensation will be transferred to a trust for the long-term benefit of the Temagami Aboriginal community. Part of the financial compensation will be used to pay legal bills and negotiation costs identified in the settlement agreement.
How does this agreement get approved? When?
Before any settlement agreement can be signed and implemented, it must be ratified by the Temagami Aboriginal community, then by Ontario and Canada.
It is anticipated that negotiations will be complete and the negotiators will reach agreement on the text of the settlement agreement in January of 2005, and then recommend the agreement to their principals for ratification. Ratification will take one to two years.
What happens if there are problems in implementing the agreement?
It should be noted that the settlement agreement is a legal document, which binds the parties to the provisions and conditions set out in the agreement. The parties may choose to seek clarification as to the meaning of the terms of the agreement in court as a final resolution, should they ultimately not be able to come to agreement jointly.
The settlement agreement identifies the creation of an Implementation Committee, made up of members appointed by the Temagami Aboriginal community, Canada and Ontario. The purpose of the Implementation Committee will be to co-ordinate, oversee and monitor the process of implementing the terms of the settlement agreement.
Should there be any problems in implementing the terms of the agreement as written in the settlement agreement, the Implementation Committee will attempt to address those problems.
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