Aboriginal Governance
Temagami Claim Settlement Model
Prepared by negotiators for the TFN/TAA, Ontario & Canada
Table of Contents
Section 1
Section 2
- Lands
- Settlement Lands Scenario 1 & Map
- Settlement Lands Scenario 2 & Map
- Questions About Settlement Lands Scenario 1
- Questions About Settlement Lands Scenario 2
- Mainland Community Site Scenario 1 & 2
- Questions About Community Site Scenario 1 & Map
- Questions About Community Site Scenario 2 & Map
- Traditional Family Lands Scenarios 1 & 2
- Questions About Traditional Family Lands - Scenario 1
- Questions About Traditional Family Lands - Scenario 2
- Mapping Error
Section 3
- Economic Development
- Economic Development Corporation
- Joint Regional Economic Development & Strategic Planning Unit
- Access to Resources
- Questions About Economic Development Elements
Section 4
- Land Use & Resource Management on Daki Menan
- Consultation
- Coordination
- Dispute Resolution
- Map of Land Claim Area
- Questions About Land Use & Resource Management on Daki Menan
Section 5
Foreword from the Temagami Aboriginal Community
The Temagami Aboriginal community refers to the area that comprises their Traditional Family territories as Daki Menan, which means "Our Land" in Anishnawbe (Ojibway). Numerous generations have inhabited Daki Menan and have sustained a living from Daki Menan, in fact it is an Anishnawbe belief that we belong to the land. This belief or ideology is significant in that our very existence is predicated on our relationship with the land and all life upon it.
Changes in our world have occurred and it has always been a strong quality of the Anishnawbe to adapt to changes to their surroundings and environment. It would be fair to state that we are adapting and evolving to meet today's realities. The challenge in this evolution, for the Temagami Aboriginal community, is not to forget who we are as Anishnawbe.
For well over the past century the Temagami Aboriginal community has consistently put forward efforts to address its unresolved issue with the governments of Ontario and Canada. Suffice it to say that the Temagami Aboriginal community's struggle to generate a solution that is acceptable to all parties has yet to be realized. The Temagami Aboriginal community is optimistic that the approach taken in these interest based negotiations will produce a Settlement Agreement that will provide a remedy for both the Aboriginal and non-Aboriginal interests alike.
Note on Settlement Model Purpose and Process
This model sets out possible elements and scenarios for a final settlement that are consistent with the June 2000 Framework Agreement. The Daki Menan and Ontario negotiating teams developed this model to facilitate the consultation process. The scenarios are meant to provide you, the public, with some ideas and possible settlement initiatives that are being considered. This document is not legally binding on the parties and does not commit them to a particular settlement scenario. Daki Menan and Ontario welcome and encourage your input and feedback regarding this process. The parties will continue negotiations to resolve the claim.
Section 1
An introduction to the claim negotiations among the Temagami First Nation (TFN), the Teme-Augama Anishnabai (TAA), Ontario and Canada.
Temagami Claim and the Framework Agreement
Through preliminary discussions that took place between October 1999 and March 2000, Ontario, the TFN and TAA reached consensus on a Framework Agreement that was formally signed by the respective representatives on June 21, 2000.
The Framework Agreement sets out the parameters and process for negotiations to achieve a final settlement of the Temagami Aboriginal community's claim against the province.
The goal of the parties in this negotiation is to settle the claim by providing for the present and long term aspirations of the Aboriginal community and to modernize the relationship between the Temagami Aboriginal community, Ontario and the people of the Temagami region.
In accordance with the terms in the Framework Agreement the Temagami First Nation is pursuing its claim issues with Canada in a bilateral process with the federal government. Although not a party to the Framework Agreement, Canada joined the negotiations to address potential reserve creation issues.
Among other things the Framework Agreement mandates the parties to include measures to promote economic development to benefit both the Aboriginal and non-Aboriginal communities in the Temagami region/Daki Menan and to address land use and resource planning issues.
A Message on the Settlement Model
The negotiators for the Temagami Aboriginal community, Ontario and Canada bring you this joint publication outlining elements and scenarios for the settlement of the Temagami claim.
Our approach is geared to the Temagami Aboriginal community and those who live in or utilize the Temagami area/Daki Menan. We have been meeting with many of you since the negotiation process began, and will continue to meet with you in the future. In our negotiations we are striving to address the interests of the Temagami Aboriginal community while balancing these with the interests of:
- the property owners of the affected area (e.g., cottage owners, permanent residents, camp owners, business owners);
- the recreational users of the affected area (e.g., canoeists, hunters and anglers);
- others with interests in the claim area (e.g., mining and forestry industries); and
- the Municipality of Temagami and other local municipalities.
In January 2001, Canada joined the negotiation table and in the Fall of 2001 negotiators for the parties entered intensive negotiations to find consensus on elements that could constitute a settlement. The settlement model is the joint document that sets out the interrelated elements of a package that could address the claim and help foster good relations among all communities of the Temagami area.
Section 2
Lands
Ontario, the TFN and the TAA (the parties) agreed in the Framework Agreement to negotiate two different categories of land, "Settlement Lands" and "Traditional Family Lands". Canada joined the negotiations to assist in resolving land issues arising out of potential settlement of the claim between Ontario and the Temagami Aboriginal community.
Settlement Lands – Scenario 1
Framework Agreement
Balance of settlement lands – up to 112 square miles of land conditional on agreement upon:
- land tenure;
- addressing non-Aboriginal interests on those lands;
- taxation issues; and
- any substitution of quantity for quality.
Model
- One hundred and twelve square miles held as reserve under the Indian Act.
- Existing non-Aboriginal interests in land will be honoured through legal, binding instruments or agreements with individuals and/or groups, as appropriate.
- Proposed park for all of the Skyline Reserve; parties to negotiate contingencies.
- Potential for limited development in the areas of Friday's Point and Austin Bay.
Settlement Lands – Scenario 2
Framework Agreement
Balance of settlement lands – up to 112 square miles of land conditional on agreement upon:
- land tenure;
- addressing non-Aboriginal interests on those lands;
- taxation issues; and
- any substitution of quantity for quality.
Model
- Seventy square miles of land held as reserve under the Indian Act.
- The balance of land to be held as private property in fee simple and in a manner that represents the collective interests of the Aboriginal community.
- Specifically, the Skyline Reserve within the settlement lands will be held in fee simple (see map).
- Agreement to guarantee access to and use of five major canoe routes, and for existing campsites on the shoreline.
- No guarantee of access for backcountry uses.
- No park.
- Access and use of the Aboriginal lands held as fee simple or as a reserve would be determined by the Aboriginal community, subject to specific agreed upon uses as above.
- Potential for limited development in the areas of Friday's Point and Austin Bay.
Questions About Settlement Lands – Scenario 1
Why does this scenario propose both a reserve and a park?
In accordance with the Temagami Land Use Plan, all of the existing Skyline Reserve (or Ministry of Natural Resources (MNR) Management Area 39) provides a no-development buffer around the shore of Lake Temagami. The protection of the Skyline Reserve is important to those who use the lake for recreational purposes and those who make their home in the area.
The agreement on the creation of a park around Lake Temagami would involve legally binding commitments from both the Crown and from the Aboriginal community to protect the Skyline Reserve.
This approach would facilitate greater harmony in the region by providing a mechanism for meaningful partnerships between the Aboriginal community, the Town of Temagami and Ontario to manage the entire shoreline of Lake Temagami.
Why does all the land have to be reserve?
The Temagami Aboriginal community has an interest in pursuing self-government in as much of their traditional area of Daki Menan as possible.
The community believes that a reserve is the best way to protect its interests.
How can non-Aboriginal interests be accommodated on a reserve?
It has always been the intention of the Aboriginal community to consider fair and equitable arrangements to ensure that the interests of non-Aboriginal people are accommodated.
The Indian Act provides instruments that the Aboriginal community (government) can use to allow non-Aboriginal use of reserve land.
Questions About Settlement Lands – Scenario 2
Why would land on the shore of Lake Temagami be provided to the Temagami Aboriginal community in fee simple i. e., as private property?
The Temagami Aboriginal community has traditionally lived close to the water in and around the Lake Temagami basin. The name in Anishnawbe (Ojibway) means the "Deep Water (by the Shore) People". The transferring of land in fee simple means that the Ontario land use laws, plans and regulations, (e. g. The Temagami Official Plan), apply to the use of the land.
If the Temagami Aboriginal community holds land as private property, is that land subject to all the controls that the non-Aboriginal community must follow?
Private property is private property in Ontario. It makes no difference if it is owned by Aboriginal people or non-Aboriginal people. All rights and privileges apply including taxes and planning controls that exist in legislation.
Why would development be considered at Friday's Point and Austin Bay?
Until 1968 there was a family home and an Aboriginal owned and operated lodge at Friday's Point. There was an Aboriginal community at Austin Bay until the end of World War II.
Under Scenario 2 why would there be no specific provisions for protection of non-Aboriginal backcountry uses?
Under this scenario it would be up to the Aboriginal community to decide permitted uses.
Mainland Community Site
Framework Agreement
- The Framework Agreement is silent on a community site. However, a location for a new mainland community is a necessary element of the settlement.
Model – Scenario 1
- Location on Shiningwood Bay (see map).
Model – Scenario 2
- Location adjacent to the existing village of Temagami at Finlayson Point; location would have reserve status (see map).
Questions About Community Site – Scenario 1
What effect would a site at Shiningwood Bay have on the Skyline Reserve?
The intention of the parties would be to limit the impact on the Skyline Reserve in a final settlement. The Temagami Aboriginal community has been planning the development of a community at Shiningwood Bay for a long time.
Questions About Community Site – Scenario 2
Would Finlayson Point Provincial Park be relocated?
Yes. Parks Ontario would work towards re-establishing a provincial park campground at another location near the village of Temagami.
What is the size of the Finlayson Point site?
At 90 acres in size Finlayson Point is larger than the Temagami village site. The potential for more than 140 lots exists at this site.
If Finlayson Point became the community site what would happen on the rest of the settlement lands?
The members of the Aboriginal community would still be able to develop specific uses including residences in other areas of their lands.
Traditional Family Lands
Framework Agreement
Up to three square miles in total. Items to be addressed:
- land tenure;
- number;
- taxation issues; and
- non-Aboriginal interests.
Model – Scenario 1
- Fourteen sites in fee simple.
Model – Scenario 2
- One or more sites per family in fee simple or other appropriate form of tenure.
A process for selecting the family lands:
- families choose a site within two years of initialling agreement;
- if the above is not possible, the TFN/ TAA governing body will choose a site;
- lands will be held by a legal entity established for the collective benefit and accountable to the families and future generations;
- the families will put forth their best efforts to select lands to minimize possible conflicts;
- MNR will transfer sites after satisfying legal obligations, e. g., consultation with affected parties; and
- uses to be in harmony with surrounding uses and with underlying plans (municipal or provincial).
Questions About Traditional Family Lands – Scenario 1
Why are the parties negotiating Traditional Family Lands?
Traditional Family Lands are a recognition of the Aboriginal community's link to their traditional lands, history and culture. The Temagami Aboriginal community consider themselves indigenous to the land. Land, culture, and government are inseparable in Aboriginal philosophies; each depends on the others. The family lands will provide secure access to lands used by community members for many generations.
Would those lands be subject to the same rules as private property?
They would be private lands held by a legal entity established for the collective benefit and accountable to the families and future generations. They would be subject to the same laws and privileges accorded all private property in Ontario. The goal of the Aboriginal community is to harmonize land use.
Questions About Traditional Family Lands – Scenario 2
What is the difference between the two scenarios?
Scenario 1 would provide one site in each of the 14 traditional family territories that make up the traditional lands of the Temagami Aboriginal community.
Scenario 2 would provide the possibility for more than one site per family territory. In either case, the total amount of family lands would be no more than three square miles.
In scenario 2 there would be greater flexibility for land holding mechanisms; in practice, that could mean the land is held as fee simple, added to the reserve where the land is adjacent to the reserve or even held under a land use permit if that parcel is in a provincial park.
Mapping Error
Framework Agreement
The Framework Agreement speaks to a maximum of 112 square miles of settlement lands. The maps produced to illustrate the lands actually portray approximately 126.9 square miles, and the difference must be addressed.
Model
The Framework Agreement identifies technical errors, which are currently estimated to be 15 square miles. The settlement lands area has been adjusted to remove 2.55 square miles of leased and patented lands that cannot be included in a reserve. The balance of the error will be addressed in the negotiation of a final agreement.
Section 3
Economic Development
The Framework Agreement stipulates that a final settlement will include measures to promote the economic development of the Temagami Aboriginal community.
In order to foster economic development opportunities the elements and scenarios of all aspects of the settlement model are designed to be interrelated components. Together the components function as a mechanism to build infrastructure, self-reliance and the ability to develop human capacity within the Temagami Aboriginal community.
A final settlement agreement would provide:
- land with the capacity for the development of a community;
- access to new and existing economic development resources with the means to build the capacity to best use them; and
- a stable environment in which to build partnerships and positive relationships with non-Aboriginal residents.
Economic Development Corporation
Framework Agreement
Measures and Mechanism
- Measures to promote economic development of the Temagami Aboriginal community, such as development lots, and mechanisms to identify new or ongoing economic development opportunities and partnerships with the public and private sectors.
- Access to Crown resources such as development lots for economic development purposes.
Model
Economic Development Corporation
- Education and Training Development Fund (capacity e.g., education and training).
- Community Development Fund (business development).
- Capital Development Fund (community infrastructure).
As well, the Economic Development Corporation will manage:
- cottage development lots: as per lands proposal;
- an industrial development site – in fee simple e.g., in the municipal industrial park; and
- commercial development property e.g., opportunities may include education and training facilities, and lodges/motels.
- Development lots from existing lots of record (vacant or shelf lots) on islands in Lake Temagami and in other areas of Daki Menan. These were previously surveyed and registered for development by the Ministry of Natural Resources (MNR), but will be modified to conform with current municipal development standards.
Scenario 1
- A percentage share of future Crown lots as they are developed, in addition to the conforming shelf lots above.
Scenario 2
- An agreed upon number of lots from existing shelf lots, and of future Crown lots as they are developed.
Joint Regional Economic Development and Strategic Planning Unit
Framework Agreement
Measures and Mechanism
- Measures to promote economic development of the Temagami Aboriginal community, such as development lots, and mechanisms to identify new or ongoing economic development opportunities and partnerships with the public and private sectors.
Model
Joint Regional Economic Development and Strategic Planning Unit
Joint initiative of the Temagami Aboriginal community and the Municipality of Temagami to promote partnerships in various sectors, such as tourism and resource management.
Examples are:
- Crown land recreation and parks management;
- maintenance of canoe routes, campsites, portages, trails and access points; monitoring user activities; conducting user surveys and as well, selling and monitoring user permits.
Access to Resources
Framework Agreement
Measures and Mechanism
- Measures to promote economic development of the Temagami Aboriginal community, such as development lots, and mechanisms to identify new or ongoing economic development opportunities and partnerships with the public and private sectors.
Model
Access to Resources
Examples might include:
- vacant Bear Management Area(s);
- forestry;
- mining; and
- hydro sites.
Questions About Economic Development Elements
What would the Economic Development component of the model provide to the Temagami Aboriginal community?
It would provide an opportunity to build the human resources capacity of the Temagami Aboriginal community through the creation of the development funds.
Where would money for the Temagami Aboriginal Economic Development Corporation come from?
Money for use by the Temagami Aboriginal Economic Development Corporation could flow from a number of sources including any financial compensation provided in this settlement. Future sources of funding could come from own-source revenues, profits from other business ventures, capacity building arrangements available through future self-government initiatives and access to provincial and federal economic development programs.
How could the Temagami Aboriginal community develop and benefit economically from its lands?
The economic development funds would provide the Temagami Aboriginal community with capital to initiate business and resource development of lands and resources.
Why were cottage lots chosen as a means to promote economic development?
The development of recreational properties is one of the more promising means of providing ongoing benefits to the Temagami Aboriginal community while contributing to the development of a regional economy and providing new opportunities.
Would development lots be subject to taxes, and could they be sold on the market?
The development lots would be private property subject to all the normal laws and privileges governing private property in Ontario, including taxation, the sale of property, and land use planning.
Why are development lots being provided as part of the settlement model?
The lots provide alternative land for the Temagami Aboriginal community to develop instead of the shoreline of Lake Temagami.
What kinds of commercial development and access to resources are being considered?
The possibility exists for development of, or access to, an unallocated Crown resource where there is a Temagami Aboriginal community interest.
Would non-Aboriginal people be able to benefit?
The joint Regional Economic Development and Strategic Planning Unit would work to identify potential partnerships. Any Aboriginal economic development partnerships would enhance the economy of the whole region.
How much money would be in the economic development funds?
That is being negotiated along with other financial matters.
How would the economic development component of the model be managed in a final settlement?
The economic development component would be managed by and be the responsibility of the Temagami Aboriginal community and any partners. The operations would be directed through management processes commonly accepted in Ontario.
Section 4
Land Use and Resource Management on Daki Menan
A final settlement agreement will include measures to promote a cooperative approach to land use planning, which will be facilitated through consultation and coordination and reconciliation of interest between the Temagami Aboriginal community, Ontario, municipalities, First Nations and other major stakeholders (for example, corporations) with regard to land use and resource management activities across Daki Menan. The intention of the parties to the settlement agreement is to establish a basis for addressing and reconciling their land use and resource management interests and objectives using existing processes to the extent possible.
Land Use and Resource Management (LURM)
Framework Agreement
- Mechanism to promote cooperative approaches to land use planning among the TFN/ TAA, Ontario and local municipalities.
- Measures to ensure there is adequate consultation among the parties regarding land use and resource management.
Model
- Applies across Daki Menan (4,000 square mile land claim area).
- Reciprocal consultation, coordination, dispute resolution, on Ontario and Aboriginal land.
Consultation
Framework Agreement
- The sharing of information, addressing of concerns, and reconciliation of interests by and among the TFN, TAA, Ontario, local municipalities and others, concerning significant proposed land and resource management activities and dispositions within the Temagami region.
- Decision-making about land and resource management activities and dispositions within the Temagami region which is informed and shaped by Aboriginal philosophies and principles of sustainability, and by the Province's policies and practices on sustainable resource management.
Model
- Evaluate existing consultation processes.
- Modify those processes or establish new ones to ensure effective participation.
- Reconcile interests regarding significant LURM issues.
- Processes will be adaptable to changing circumstances.
Coordination
Model
- Create a committee with representatives from TFN/ TAA, the Municipality of Temagami and Ontario to review plans, provide notification, and consult among the parties. Terms of reference for the committee will be negotiated.
- Other affected interests will be involved as appropriate.
Dispute Resolution
Model – Scenario 1
- Use existing processes to resolve disputes, e.g., forest management planning process.
Model – Scenario 2
- Parties establish a separate process to resolve disputes.
Map showing area of Temagami land claim and lands identified for contribution to settlement of claim
Questions About Land Use and Resource Management (LURM) on Daki Menan
What kinds of notification and consultation measures would apply on Daki Menan?
At a minimum the parties to the final settlement agreement will engage with each other in notification and consultation processes regarding LURM activities that are deemed to be significant. This process would be reciprocal and apply to both Ontario and Aboriginal land.
The parties to the settlement agreement will work with each other and with other major stakeholders on Daki Menan to improve existing, or develop new means for facilitating coordination or cooperation among them with a view to reconciling interest.
If it is found that an existing process does not adequately address the interest of the Temagami Aboriginal community the parties may modify the process, adapt it to fit the circumstance or a new process may be created.
Why would it be necessary to enhance or modify consultation and coordination on LURM issues with the Temagami Aboriginal community?
The Framework Agreement outlines that decision making about LURM activities and dispositions be informed and shaped by Aboriginal philosophies and principles of sustainability and by the province's policies and practices on sustainable resource management. Current processes may require further evolution to address and reconcile Aboriginal and other interests.
What would the Coordinating Committee be?
The Temagami Aboriginal community, Ontario and the Municipality of Temagami would establish a Coordinating Committee to facilitate the sharing of information and the exchange of views about planned or ongoing LURM activities. The terms of reference of this committee will be negotiated. This committee would meet on a regular basis.
Why is a separate dispute resolution process required in Scenario 2?
Where existing notification or consultation processes do not, or cannot meet the dispute resolution needs of the parties, or there is no such process, the parties will establish a separate process to resolve disputes.
Why would LURM apply across 4,000 square miles?
Daki Menan is the traditional territory of the Temagami Aboriginal community. It is land to which they have strong ties and on which they have an ongoing interest in how the land and resources are managed and used.
What are some examples of current consultation processes?
Examples
- Forest Management Planning;
- Crown Land Disposition Protocol; and
- Environmental Assessment Act.
Section 5
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.
For more information please contact:
The Daki Menan Negotiation Office
www.temagamifirstnation.ca
Toll Free: 1-888-737-9884
Ontario Native Affairs Secretariat
www.nativeaffairs.jus.gov.on.ca
Toll Free: 1-888-456-3430
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