Aboriginal Governance
Winter/Spring 2003
Temagami Land Claim Report
Newsletter Issue No. 8
A newsletter on the Temagami First Nation and
Teme-Augama Anishnabai Land Claim Negotiations
The Temagami Land Claim Report Winter/Spring edition is the eighth 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
After agreeing on the significant elements of the land claim settlement in December 2002, we have moved ahead to talk to groups and individuals who might be directly affected by the proposed Crown land selections, should the Strathcona site be chosen for the location of the Temagami Aboriginal community. As negotiators, we have continued to work on the details of the settlement, to ensure that when the agreement is presented for ratification, the benefits are clear and the economic advantages speak not only to the present, but to future generations as well.
In case, for some reason, you did not receive a copy in January of the information sheet on the agreement reached in December 2002, it is posted on our Web site (www.nativeaffairs.jus.gov.on.ca). It outlines the elements of the Temagami land claim s ettlement and proposed timeline to ratification. Public consultation is ongoing as we continue drafting the legally binding agreement, up until ratification.
This newsletter contains major questions and answers that we have heard in January and February. We hope you find it helpful. Ontario will continue to meet with Temagami Municipal Council and Ontario's public and municipal advisory committees and make every effort to address your questions and concerns.
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
As the representatives for the Temagami First Nation and the Teme-Augama Anishnabai in these negotiations, we believe the understanding reached in December 2002, on the significant elements of the settlement is a major milestone in this process.
It needs to be clearly understood that the "Strathcona site" has only recently been put on the table as a possible alternative to Shiningwood Bay for a community site. The Daki Menan Negotiation Team has agreed to explore Strathcona as a possible community site. As representatives, we reserve for our community, the decision to choose which site, "Strathcona" or "Shiningwood Bay" best meets our needs in terms of our community goals and aspirations.
The Daki Menan Negotiation Office will continue to consult with the memberships of Temagami First Nation and Teme-Augama Anishnabai to ensure support for the final agreement. We will participate in Ontario's public consultations and remain committed to achieving a final agreement as contemplated in the Framework Agreement. Chi-Miigwich.
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
Email: dakimen@onlink.net
Frequently Asked Questions About the Temagami Land Claim Settlement:
Does this agreement mean the negotiations are over?
No. The drafting of the legally binding contract which forms the final settlement agreement has to be done. We must also flesh out the existing agreement to ensure that there are clear instructions for those who have to implement the agreement once it is ratified. The target for completing the drafting is this summer. Then the agreement must be ratified by the Temagami Aboriginal community, Ontario and Canada.
Will you continue to consult people through this period?
Yes. Ontario and the Temagami Aboriginal community will keep meeting with the Temagami Municipal Council, the Public Advisory Committee, the Lake Temagami Workshop and the Municipal Advisory Committee on a regular basis.
Why has the option of a community site at Strathcona come forward at such a late stage in the negotiations?
The Strathcona site could not be pursued due to existing mining claims and leases along the south shore of the Northeast arm. The land cannot become a reserve with these in place. It was only in the Fall that it became possible for Ontario to acquire sufficient existing mineral interests to allow us to consider a Strathcona option. Negotiators decided it was better to examine the site and compare it to Shiningwood Bay, than to simply ignore the option on the grounds that it was too late in the process.
How will you decide between the two options?
First, Ontario must be successful in actually acquiring the mining interests in the area. Secondly, engineers must determine that the topography and soil are actually suitable for a community site. Third, the application of municipal standards must be negotiated. Fourth, the Temagami Aboriginal community must be open to the idea. And last, but not least, the concerns of non-Aboriginal people have to be identified and addressed to the extent possible.
What concerns are you hearing?
People want to know how much development is likely to take place; what standards will be in place to regulate the development; what environmental safeguards there will be; whether the municipal landing will still be available to the public; and what measures can be taken to reduce the potential for noise, light and disturbance to the shoreline viewscape. Negotiators for Ontario and the Temagami Aboriginal community are working through these issues to make sure we can answer these questions.
How will you address non-Aboriginal concerns?
We have contacted all the property owners in the area and are holding meetings in person and by teleconference with those who may be the most affected. We are consulting with our advisory committees and the Temagami Municipal Council.
The Temagami Aboriginal community site (be it at Shiningwood Bay or Strathcona), Friday's Point and Austin Bay will not be in the park. What assurances are there about the nature of any development that may occur?
The Temagami Aboriginal community will be developing a site plan consistent with municipal standards and consulting with the non-Aboriginal community before the land is transferred to them at the Aboriginal community site. At Friday's Point and Austin Bay, such a site plan will be undertaken before development, if any, occurs at these locations.
What about harmonization of land use between Aboriginal and non-Aboriginal lands?
Negotiators are currently discussing and consulting on how to ensure the commitments in the agreement keep working on an ongoing basis. Provisions will be included in the final settlement agreement on this important matter.
What about protection of Cross Lake?
The parties all recognize the benefit of maintaining the existing land use direction in the Temagami Land Use Plan for lands adjacent to Cross Lake.
What about access to the Indian reserve land being created—the 127 square miles (330 sq km)?
Negotiators are currently in the process of working this out. Some of the specific uses on the Indian reserve that negotiators are discussing include access to private property, timber allocations, mining property and Cross Lake. As well, they are considering specific provisions for limited commercial hunting, some canoeing, some snowmobiling and certain other specific Crown land uses. General public access will be permitted to the shoreline land, subject to any rules in the shoreline management plan, when it is eventually developed. Other uses may continue by making arrangements directly with the Temagami First Nation.
What is the status of the Red Squirrel Road?
Negotiators are currently working on mechanisms to provide continued access for forestry and recreational purposes to those portions of the Red Squirrel Road crossing the proposed reserve lands.
When will the three square miles (8 sq km) of Traditional Family Lands be identified?
The Aboriginal community has two years after signing the agreement to decide where the Traditional Family Lands will be located. They can be chosen from anywhere across the entire 4,000 square mile (10,360 sq km) land claim area (Daki Menan), subject to going through the normal Ministry of Natural Resources' process for disposing of Crown land. This includes consultation with all stakeholders affected by the specific parcel of land under discussion.
Map showing detail of proposed settlement lands and shoreline of Lake Temagami
PDF version available (276 K). Download Adobe Reader to view PDF files.
