Temagami Land Claim

Letter from Chief Provincial Negotiator, July 2005

June 30, 2005

This letter is to provide you with a short update on the progress of the Temagami land claim negotiations.

We are past the half way mark of the long and difficult process of turning the agreements reached during our negotiating process into the legally binding language of a final settlement agreement. There are three main reasons this process takes so long.

First, it is a challenging task to incorporate all the understandings we have reached over the years at the negotiating table. We must also remain true to the shared understandings we developed through our extensive work with our Municipal Advisory Committee, Public Advisory Committee, the Lake Temagami Workshop, the Municipality of Temagami and the many other groups with whom we met and discussed the ideas that we are incorporating in the settlement agreement.

You may recall that some of the main elements we negotiated are the creation of a reserve of up to 130 square miles, the creation of a waterway park on most of the mainland shoreline of Lake Temagami, a community site planning process, the provision of $20 million financial compensation and an economic development package worth about $4 million. Our commitments at the negotiating table on all these matters have to be reflected accurately in a way that is legally binding on all the parties.

Second, it is critical to get closure, certainty, and final resolution to all the issues under discussion. Therefore, the agreement must get everything exactly right. For Ontario, and I dare say for the Temagami Aboriginal community and Canada, there is an extensive legal review undertaken on each provision to ensure the settlement agreement will stand the test of time. Only in this way can we be confident that the intent of the three parties will be accurately reflected through the text of the settlement agreement.

Third, there are many technical issues that have to be addressed by all the parties in a complex settlement agreement like this. Solutions to these issues have to be consistent with application to other claims in Ontario and in some cases nationally. An example is the need to address the question of describing carefully and precisely the lands to be transferred to Canada for the creation of an Indian reserve and the lands that have been identified for provincial park creation purposes. Another example is the need to have a ratification procedure for the settlement agreement that is acceptable to all the parties. Sometimes policy work involving a number of government departments is needed before a drafting solution can be found.

Although the drafting process is taking time, I still anticipate that the parties will initial the settlement agreement within the year. When we reach that point, there will be a public announcement. Then the Temagami Aboriginal community will initiate their ratification process, followed by Ontario and Canada. The ratification process could take up to a year to complete before the settlement agreement comes into effect.

While we continue with the drafting process, there are a number of ways that you can access information on the Temagami land claim. The Temagami land claim section in the Ontario Native Affairs Secretariat website (www.nativeaffairs.jus.gov.on.ca) has a complete set of materials regarding the claim and is updated as required.

There is a toll free line available (1-888-456-3430) on which you can leave a message and a member of the provincial negotiating team will respond to your call, usually within one working day.

And if you wish to talk with me, I can be contacted at (416) 326-4741 or by e-mail at Doug.Carr@osaa.gov.on.ca.Have a great summer.

Sincerely,

Doug Carr
Chief Negotiator

c.c.    Alex Paul, Chief, Temagami First Nation
          John McKenzie, A/Chief, Teme-Augama Anishnabai
          Linda MacWilliams, Negotiator, Canada