Summer 2000

Temagami Land Claim Report

Newsletter Issue No. 1

A newsletter on the Temagami First Nation and Teme-Augama Anishnabai Land Claim Negotiations

The Temagami Land Claim Report is a new publication produced by the Ontario Native Affairs Secretariat, an office of the Government of Ontario. It is intended to inform individuals and organizations that may have an interest in the negotiations to settle this claim.

A Message from Ontario's Negotiator

In its 1991 decision in Bear Island, the Supreme Court ruling stated that, while the Temagami Aboriginal community did not have title to the land it claimed, the Crown had failed to comply with some of its obligations to the Indians. The obligations arose from arrangements the Crown made with the Temagami Indians by which the Indians adhered to the Robinson Huron treaty in exchange for treaty annuities and a reserve.

In order to fulfil its outstanding treaty obligations, the Government of Ontario has entered into negotiations with the Temagami First Nation (TFN) and the Teme-Augama Anishnabai (TAA).

Through preliminary discussions that took place between October 1999 and March 2000, Ontario and the TFN/TAA have reached consensus on a Framework Agreement. The Framework Agreement sets out the parameters and process for negotiations to achieve a final and enduring settlement of the land claim.

Ontario's main objective in the negotiations is to resolve the historic grievance of the Aboriginal community while reaching a settlement that is fair and balanced for the Aboriginal community, area property owners and all those who use the land.

Your participation is an essential part of this process. The Government of Ontario is committed to ensuring that its land claim settlement process is consultative and appropriately addresses the concerns of all those potentially affected by the negotiations. The Temagami Land Claim Report is intended to keep you informed and aware of the process and the status of the Temagami land claim negotiations.

Please consult the information on page four on how to keep informed, ask questions, or make your views known.

A Message from the Chiefs

The Temagami Aboriginal people have spent the last century of the previous millennium in a struggle to obtain justice in their own lands. There is a light of hope that we may achieve some justice through a negotiated settlement within the first few years of this new millennium.

Chief Raymond Katt and Chief Doug Mckenzie, on behalf of the Temagami First Nation and the Teme-Augama Anishnabai, want to express their appreciation for the support we received from the non-Aboriginal population of n'Daki Menan, which we believe made this possible.

As the original keepers of the land, we recognize that the newcomers to this land have come to accept it as their home and intend to stay with us. Accepting this situation means that we must find a way to co-exist. The solution, we believe, lies in a negotiated settlement that recognizes the interests of all.

Since 1884, when Chief Tonene selected lands for a reserve in the south arm of Temagami Lake, the Temagami Indians planned to establish a community on the shores of the lake. As Bill Twain, one of our elders always says, "An Indian would never choose to make his home on an island; we were forced here to Bear Island."

Through these negotiations, we still intend to establish a community on the shores of Temagami. After all, we are Teme-Augama Anishnabeg.

Chief Raymond Katt and Chief Mckenzie can be contacted at the Temagami First Nation Office.

Phone: (705) 237-8627 or (705) 237-8943
Toll free: 1-888-737-9884
Fax: (705) 237-8959
Email: dakimen@onlink.net

Land Claim Negotiations - The First Step

Ontario has agreed to enter into formal negotiations with the Temagami First Nation (TFN) and the Teme-Augama Anishnabai (TAA) on the basis of outstanding treaty obligations consistent with the Supreme Court of Canada's 1991 Bear Island decision. The TFN and TAA are together referred to as the Temagami Aboriginal community.

Ontario's goal is to settle this historic grievance while promoting economic development that will benefit Aboriginal and non-Aboriginal communities in the Temagami region.

During any land claim negotiations, Ontario ensures that potentially affected interests, such as property owners, businesses, municipalities, area residents and recreational land users are consulted and have opportunities to voice their concerns during the negotiation process.

It is important to note that Ontario does not expropriate private property to reach a land claim settlement and ensures that access to private property is protected.

Ontario's process to negotiate a land claim begins with discussions between the parties to identify the issues that will be negotiated, and the process for negotiations. These matters are often set out in a framework agreement. Discussions between Ontario and the Temagami Aboriginal community on a Framework Agreement began in October 1999.

Bob Gray, who has held numerous public posts in the North Bay area, is serving as an independent facilitator.

Both parties discussed the contents of the draft agreement with their key stakeholders.

Ontario met and will continue to meet with representatives of the key non-Aboriginal groups potentially affected by formal negotiations. Among other things, a meeting was held with the Temagami Town Council. The Mayor of Temagami, Wayne Adair, agreed to sit as a full member of Ontario's team engaged in discussions on a framework agreement. Ontario also sought the advice of the Municipal Advisory Group comprised of area municipal leaders, and an Advisory Committee comprised of representatives of key land and resource user groups.

The Temagami Aboriginal community has obtained the approval of its membership on the draft Framework Agreement.

The Temagami land claim Framework Agreement was signed on June 21, 2000.

About the Temagami Land Claim Framework Agreement

The Temagami Framework Agreement sets out four distinct subjects for discussion in settlement negotiations. They are:

Land
Economic Development
Consultation and Coordination
Financial Compensation

Land

Up to 112 square miles of settlement lands will be identified from within the 149 square miles of Crown Lands set aside by the Ministry of Natural Resources in 1996 to promote settlement discussions with the Temagami Aboriginal community on the eastern side of Lake Temagami. Traditional family lands will be comprised of parcels of land totaling up to a maximum of three square miles for members of the Temagami Aboriginal community to conduct activities that reflect their culture and values.

No such land will be agreed on unless suitable arrangements are in place to ensure that non-Aboriginal interests are addressed, including compatible forms of land use.

Economic Development

The final settlement will include measures to promote the economic development of the Temagami Aboriginal community, including the provision of land for development and partnerships with both the private and public sectors, where appropriate.

Consultation and Co-ordination

The negotiators will discuss arrangements to ensure that the Aboriginal community is appropriately consulted about significant new activities on the Crown land across the 4,000 square mile traditional land use area. In addition, there will be discussions to promote a co-ordinated approach for land use and resource management decisions regarding Aboriginal lands, Crown lands and affected municipalities.

Financial Compensation

The two parties will agree on the amount of financial compensation to be paid by Ontario to the Temagami Aboriginal community.

Ontario expects that the federal government will join these negotiations.

Ontario's General Approach to the Land Claim

Since July 1995, Ontario has said that it is prepared to address outstanding treaty obligations asserted by the Temagami Aboriginal community. By signing a framework agreement now after six months of preliminary discussions, Ontario is agreeing to enter into formal negotiations to settle the claim.

Ontario is satisfied that sufficient common ground exists to attempt to reach a settlement through negotiations which will address the historical grievances of the Aboriginal community, consistent with the 1991 Supreme Court of Canada decision on this claim. Compensation involving land, money and other measures will be negotiated.

Any settlement must address the rights and interests of those potentially affected by the outcome of the discussions. Some of the ways this will be done are:

Private property owners' land will not be expropriated as part of the settlement;
Access by owners to their property will be protected;
Current uses, licences, permits for Crown land and resources will not be revoked during their term;
Ontario's negotiating team will be undertaking an extensive program to ensure the involvement of the public in the process.

History of the Claim

1877	The Chief of the Temagami people approached representatives of the Federal Department of Indian Affairs to ask for a reserve and Treaty in order to protect his people from lumbering interests, which were encroaching on their traditional lands.
1883	The Federal Government recognized the omission of the Temagami Indians from the Robinson-Huron Treaty of 1850 and commanded payment of annuities without obtaining any formal cession of rights to lands. The federal government also promised to survey a reserve.
1884	A reserve of approximately 100 square miles was surveyed for the Temagami Indians around Austin Bay on Lake Temagami. The Temagami Indians participated in its selection. The size of the reserve surveyed was comparable to reserves received by bands that signed the Robinson-Huron Treaty. Canada subsequently petitioned Ontario to provide Crown land to create the reserve.
1971	A reserve of one square mile was created on Bear Island.
1973	As a way of asserting their claim to 4,000 square miles of land that they claimed as "n'Daki Menan", their traditional homeland, the Temagami Indians registered cautions against Crown land in their traditional land use area. The cautions effectively prevented development requiring registration of title, such as mining and Crown land sales.
1991	The Supreme Court of Canada decided that the Temagami Indians no longer have Aboriginal title to the land they claimed. However, the Court ruled that the Crown has outstanding obligations to the Temagami Aboriginal community, stemming from a failure to provide an adequate reserve and a failure to make annuity payments.
1993	Ontario and the Temagami Aboriginal community reached an Agreement-in-Principle to settle the claim. The Aboriginal community did not ratify the agreement.
1995	The land cautions were lifted as a result of a court order.
1996	149 square miles of land were set aside on the south and east sides of Lake Temagami to provide an envelope of land from which a future claim settlement could be considered.
1998	The Temagami Aboriginal community asked Ontario to return to the negotiating table.
1999	Ontario and the Aboriginal community began preliminary discussions to determine whether sufficient grounds exist to enter into formal negotiations once again.
2000	Ontario and the Aboriginal community signed a draft Framework Agreement on June 21, 2000 to scope the issues and set out the negotiation process.

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 Fact Sheets on the Agreement or, 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, 4^th Floor
Toronto, ON M5G 2K1
Email: doug.carr@osaa.gov.on.ca

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