Aboriginal Governance
Fall 2002
Temagami Land Claim Report
Newsletter Issue No. 7
A newsletter on the Temagami First Nation and Teme-Augama Anishnabai Land Claim Negotiations
The Temagami Land Claim Report Fall edition is the seventh in a series of newsletters produced by the Ontario Native Affairs Secretariat (ONAS), an office of the Government of Ontario. It is intended to inform individuals and organizations about the progress of the land claim negotiation.
A Message from Ontario's Negotiator
I was very pleased to have met the many people who came out to the Open Houses held July 24th and 25th in Temagami and on Bear Island. Nearly 200 people came out to review the materials and meet the negotiating teams from Ontario, the Aboriginal community and the federal government. We reported to participants that there was broad support for the settlement model released in March, which was the subject of the last two newsletters. (The Settlement Model is available at www.nativeaffairs.jus.gov.on.ca). This newsletter will largely focus on the comments we have received and some of our responses.
The shoreline of Lake Temagami continues to be the main issue for many people. At the Open Houses we talked to people about the creation of a park to protect the shoreline values. We also introduced a new idea, a Land Trust, which could be used to protect the shore without changing the permitted uses (i.e., zoning) for this land in the way that a park would.
Please read the information in this newsletter and contact me if you have any questions. Finally, I would ask for your ongoing support as we enter the final few months of negotiations. Ontario will continue to meet with its public and municipal advisory committees and make every effort to complete the negotiations by December 31st, 2002.
Contact Information:
DOUG CARR, Director of Negotiations
Ontario Native Affairs Secretariat
Phone: 416-326-4771
Fax: 416-326-4017
Email: Doug.Carr@osaa.gov.on.ca
Web site: www.nativeaffairs.jus.gov.on.ca
A Message from the Chiefs
To begin with we want to say Miigwich to everyone who took the time to attend the Open Houses that were held on July 24th and 25th in conjunction with the settlement negotiations. Both Alex Paul Sr. Chief of Temagami First Nation and myself, Doug McKenzie Chief of Teme-Augama Anishnabai appreciated the opportunity to meet and discuss the issues and concerns on a personal level. We realize that a lot of information was presented and some of it new and confusing. While many people focused on specific concerns, we appreciate those who expressed unconditional support for the aspirations of our community.
Chief Alex Paul Sr., recently elected Chief of the Temagami First Nation, commented that like "Heinz" he is trying to "Ketchup" in the process. "Talking with people helps me develop an understanding of the various options and their possible impact on the Temagami First Nation's future. We have to feel that we have been treated fairly, not only in this process but in other ongoing Ontario Government processes."
Teme-Augama Anishnabai Chief Doug McKenzie stated that while he listened and heard peoples concerns, "We need to remain focused and remember that we are not negotiating the Teme-Augama Anishnabai adherence to the Temagami Land Use Plan. What we are doing is attempting to negotiate a "fair and just" settlement so the Crown can fulfill their outstanding legal obligations to the Temagami Indians, which includes a reserve."
Contact Information:
CHIEF ALEXANDER PAUL SR. and CHIEF DOUG MCKENZIE
Daki Menan Negotiation office
Phone: (705) 237-8627 or (705) 237-8943
Toll free in Ontario: 1-888-737-9884
Fax: (705) 237-8959
Main Points Presented at Temagami Open House:
Lands
- There could be up to 112 square miles of Crown land transferred to become reserve lands.
- The preferred mainland community site is Shiningwood Bay.
- There could be water-access only to historical sites on Lake Temagami which would consist of 25 acres at Friday's Point and 80 acres at Austin Bay.
- See page 3 for shoreline protection options.
Economic Development
Land Based Components:
In order to promote economic development the settlement could include compensation in the form of land and cash for the Temagami Aboriginal community to acquire an agreed upon number of cottage lots on Lake Temagami.
There may also be the potential for two cottage lots on Rabbit Lake, and one cottage lot on Herridge Lake.
The former MNR office site, a parcel of serviced land in Municipal Industrial Park and Forestry Island (Island 34) also have potential for becoming part of the settlement compensation package.
Arrangements are similarly being considered for the acquisition of two businesses on a willing seller/willing buyer basis.
Aboriginal Economic Development Corporation:
Financial compensation provided as part of the settlement will be channeled into an Economic Development Corporation, which has three funds, to regulate how the monies are used. The three funds are an Education and Training fund, a Community Development fund and a Capital fund.
What's the difference between a Park and a Trust?
A park is managed by Ontario Parks and would follow all the rules established during a public planning process to decide uses and objectives for the park.
A land trust scenario would involve a joint venture of the Temagami Aboriginal community and the municipality that would manage the land in accordance with the Temagami Land Use Plan and the Official Plan like any other holder of private property. For example, the land trust could be used to manage the land as a community or municipal park.
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 more information including Fact Sheets on the claim or, if you wish to be removed from
our mailing list 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
Options to protect Lake Temagami Shoreline:
The question of how to protect the Lake Temagami shoreline from over-development is one of the most complex issues negotiators are faced with. This issue is key for non-Aboriginal stakeholders.
However some members of the Temagami Aboriginal community have expressed discomfort about placing limits on the use of reserve land that is being provided to them in settlement of their claim.
Daki Menan, Ontario and Canada's negotiators are being responsive to Aboriginal and non-Aboriginal stakeholders. They are exploring options that give the Aboriginal community a shared benefit while ensuring that development limits similar to those currently on the reserve shoreline apply to the shoreline on the rest of the lake and that there is an opportunity for a partnership to cooperatively manage that shoreline.
Four options:
A Waterway Class Provincial Park to protect a buffer of land around Lake Temagami (mainland portion of Management Area 39 MA 39). A reserve would be created, then section 35 of the Indian Act would be used to transfer the surface rights in the buffer area on the reserve to Ontario to create the park.
Use of Indian Act zoning (sections 18 and/or 81) to protect a buffer of shoreline on the newly created reserve and use of section 28 of the Indian Act to permit public access.
A Land Trust partnership using private property. The establishment of an Aboriginal and Municipal partnership (i.e., Land Trust) to manage MA 39 could be accomplished through the transfer of the MA 39 portion of the settlement lands to the Aboriginal community as private property. The Aboriginal community would lease this land to the Land Trust partnership. Ontario would then issue the partnership a Land Use Permit to place the balance of shoreline in the Land Trust.
A Land Trust partnership using Indian Act zoning. The establishment of an Aboriginal and Municipal partnership using sections 18 and/or 81 of the Indian Act to protect the shoreline and section 28 to permit public access. The MA 39 portion of the reserve would then be leased to the local partnership set out above. A separate community vote would be required to authorize reserve land for leasing (Indian Act sections 37 & 38).
Feedback to the Ontario negotiators at the Temagami 2002 Open Houses
Ontario representatives have gathered feedback through questionnaires and by talking with Open House participants about the proposed directions presented in materials at the Open Houses held on the 24th and 25th of July. This page sets out what we heard:
A number of people said they would like to have more information about the impact of a potential settlement agreement on the municipal official plan. They asked questions such as: how does the inclusion of economic development lots in the land claim agreement affect the number of available lots per year and what effect might an altered lot mix have on the local economy?
While no one can predict the outcome of the negotiations with absolute certainty, the intent of the negotiating parties is to build an agreement that will live within the spirit of the proposed Municipality of Temagami Official Plan. The proposed economic development lots to be made available to the Aboriginal community will conform to the official plan, as they will be private property. Negotiators are now looking at options to harmonize the proposed land use in the official plan with reserve land.
We heard many who said that a settlement should encourage industry to be brought into the Temagami region and that tourism and mining were key industries that should not be discouraged as result of a settlement.
Our settlement proposals recognize that tourism and mining are key industries. The shoreline protection options will increase the tourism potential for the shoreline by managing it actively. Most of the options do not affect mining. The agreement would give resources to the Aboriginal community which could create economic growth. Land for development, financial compensation and a lot in the municipal industrial services park are among these resources.
Others said they would like to have more details about the portages and campsites that will be protected.
The five main canoe routes marked on MNR maps will be protected; nevertheless, the remainder of the land currently used by outdoor enthusiasts that will become Aboriginal land may continue to be accessed with the permission of the TFN and as long as people act responsibly and respectfully.
A number of people said they would like to see the MNR building in Temagami developed as a business as a result of the agreement.
Should such an arrangement be part of the settlement we would want to ensure that the Municipality of Temagami was consulted in any development of the site.
Many would like to know what the Aboriginal community thinks about the four shoreline options presented.
(The Daki Menan negotiation office provided the answer below.) The four shoreline options are all interesting from a land use planning perspective. The biggest concern was focused on how much shoreline is associated with the Shinningwood Bay Community site. Other concerns are that a park means the Ontario government is in control and whether or not the Austin Bay site shoreline will be surveyed as reserve.
Members of the Matachewan First Nation community asked questions about the effects of a settlement on their community's access to resources in one northern part of the claim area known as Daki Menan.
It is not unusual for Aboriginal groups to have overlapping traditional land use areas. After the land claim agreement is signed the selection of the Traditional Family Lands adhere to Ontario's process for disposing of Crown land. Any potentially conflicting Aboriginal interests will be addressed then.
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