Aboriginal Governance
Framework Agreement Among the Temagami First Nation, the Teme-Augama Anishnabai and Ontario Regarding the Temagami Claim
The signing of a framework agreement between the parties to the negotiation often marks the beginning of formal land claim negotiations. The Temagami First Nation (TFN) and the Teme-Augama Anishnabai (TAA) and Ontario signed such a framework agreement on June 21, 2000 in relation to the Temagami land claim negotiations. The framework agreement sets out the process, general parameters and timeframe for negotiations to settle the claim; this fact sheet provides a detailed summary.
1. Lands
Ontario, the TFN and the TAA (the parties) have agreed to negotiate two different categories of land, "Settlement Lands" and "Traditional Family Lands".
The Settlement Lands will comprise not more than 112 square miles and will be located from within the 149 square miles of unpatented land set aside for this purpose by the Ministry of Natural Resources in 1996. The remainder of the 149 square miles will continue to be managed by the Ministry of Natural Resources in accordance with the Temagami Land Use Plan.
In addition to the Settlement Lands, the parties will negotiate the provision to the TFN and TAA of a limited number of parcels of land for the use of the traditional families that make up the Temagami Aboriginal community. These traditional family lands, which will amount to no more than three square miles in total, will be available for TFN and TAA family groups to conduct activities that reflect their culture and values. They may be located anywhere within n'Daki Menan, the traditional homeland of the Temagami Aboriginal people.
The parties will have to reach agreement on a number of issues before negotiations on the Settlement Lands and the Traditional Family Lands can be concluded, including:
- how the TFN and TAA will hold the Settlement Lands and the Traditional Family Lands; i.e., as a reserve or as private property;
- how existing non-Aboriginal interests potentially affected by the provision of the Settlement Lands and Traditional Family Lands to the TFN and TAA will be addressed;
- how the TFN and TAA will address taxation issues arising from the provision of the Settlement Lands and the Traditional Family Lands;
- that uses to be made of the Settlement Lands and the Traditional Family Lands will be determined in accordance with a co-operative approach to land use planning among the TFN, TAA, Ontario and local municipalities;
- whether, by agreement of the parties, other lands will be substituted for some of the Settlement Lands in order to foster economic development opportunities for the TFN and TAA, and how to balance the quality and quantity of lands exchanged; and
- that the parties will agree on boundary adjustments to be made to the Settlement Lands to address technical errors that were made when they were originally mapped out.
2. Financial Compensation
The parties will negotiate an amount of financial compensation to be paid by Ontario to the TFN and TAA. The amount of this compensation will be generally consistent with the understandings reached by the parties concerning this matter in previous negotiations, adjusted to reflect any contingencies the parties may agree are relevant.
3. Economic Development, Land Use, and Resource Management
Economic Development
The final settlement will include measures to promote the economic development of the Temagami Aboriginal community. Such measures may include:
- access to unallocated resources, such as development lots;
- the operation, by the TFN and TAA, of Ontario programs that may be appropriately directed to them; and
- mechanisms to identify new or ongoing economic development opportunities and partnerships with both the public and private sectors.
Financial and other contributions to the settlement of the land claim may be directed for use in pursuing economic development initiatives.
Compatible Land Use
The final settlement will provide for mechanisms to promote a cooperative approach to land use planning among the TFN, TAA, Ontario and local municipalities. The intention of the parties in establishing such mechanisms is to ensure that each is kept apprised of actual or intended uses of the lands, and that the planning directions, including environmental and cultural concerns, of any of the parties are not adversely affected by such land uses.
Consultation and Co-ordination
The final settlement will include a number of measures to ensure that there is adequate consultation and co-ordination among the parties regarding land use and resource planning. These measures will:
- determine which land and resource management activities and dispositions are significant;
- provide for notification and consultation among the TFN, TAA, Ontario, local municipalities and others about significant proposed land and resource management activities and dispositions within n'Daki Menan;
- address the concerns and reconcile the interests of the TFN, TAA and Ontario and other interested parties in relation to significant proposed land and resource management activities and dispositions within n'Daki Menan;
- co-ordinate, as necessary, TFN, TAA, Ontario and municipal processes concerning land use, resource management and economic development, and facilitate the identification and discussion of issues arising in these areas on an ongoing basis.
To the extent possible, existing administrative structures and relationships will form the basis of the processes described above.
4. The Negotiation Process
Federal Government Involvement - Reserve Land
The parties have agreed that, soon after this framework agreement is signed by the parties, the TFN will formally invite the Department of Indian Affairs and Northern Development to join discussions aimed at determining the size and location of any reserve which may be established within the Settlement Lands.
Federal Government Involvement - Settlement Discussions
The parties have agreed that, soon after this framework agreement is signed by the parties, the TFN will take appropriate measures to seek the involvement of the federal government as a party to the settlement discussions.
Public Involvement
The parties have agreed that, throughout the course of the settlement discussions, Ontario will consult with the affected public about matters related to the settlement of the claim. Where appropriate, public consultation activities will be undertaken by the TFN, TAA and Ontario on a co-operative basis.
Interim Measures
The parties have agreed that, for the duration of the settlement discussions, certain interim measures will be put in place with regard to land use and resource management issues. Specifically, Ontario will:
- maintain the status of the lands set aside by the Ministry of Natural Resources in 1996;
- notify the TFN and TAA of any proposed land use or resource management activities or undertakings within n'Daki Menan which may have a significant impact upon the social or biological environment or the settlement discussions; and
- ask the proponent of the proposed land use or resource management activity or undertaking to consult with the TFN and TAA concerning the proposed activity or undertaking.
If the parties agree that existing processes are not adequate to resolve significant concerns of the TFN or TAA related to a proposed land use or resource management activity, the parties will use their best efforts to resolve the issue informally at the negotiating table, with the assistance of the facilitator.
Time Frame
The parties intend to work toward completing and having the negotiators initial the text of a proposed settlement agreement within 30 (thirty) months following the date of signing of the framework agreement.
For Additional Information, Questions, and Concerns
Temagami Land Claim page on ONAS Web site: www.nativeaffairs.jus.gov.on.ca
Temagami Information Line 1-888-456-3430
For the Temagami Newsletter or if you do not wish to receive further information on this
matter call 1-888-456-3430
Write: Ontario Negotiating Team
c/o Doug Carr, Chief Negotiator
720 Bay Street, 4th Floor
Toronto, ON M5G 2K1
Email: doug.carr@osaa.gov.on.ca
