Below is a copy of an actual document
circulated among certain Band members in the early fall of 2001.
Typographical errors have been corrected.
The grammar has not been re-edited and the structure of the document is reproduced here in its original form.
This document was signed by 60 Status Algonquins,
In my opinion, these Status Algonquins are the "core" group that now appear to be in control in PikwÓkanagÓn.
ALGONQUIN MOOSE WAR
Recommendations Concerning the 2001/2002 Moose Harvest
In an effort to assist the Council in (dealing with this year's hunting agreement negotiations a number of registered members met to develop some input. We hope it will be of some benefit to the Council in their efforts to come to a decision regarding this yearĺs agreement.
THE COUNCIL OF PIKW└KANAG└N IS SEEKING DIRECTION FROM PIKW└KANAG└N MEMBERS AS TO WHETHER OR NOT WE SIGN THE 2001/2002 INTERIM HUNTING AGREEMENT
By way of written correspondence September 21, 2001 Council is consulting with PikwÓkanagÓn Members on the issue of the 2001/2002 Moose Harvest. Attempts to successfully negotiate an agreement satisfactorily to the Algonquin Nation (Status and Non-Status Algonquin) have not yet been successful. A number of concerns need to be addressed. This membership gathering allows Council the opportunity to inform us on the outstanding concerns.
ISSUES. (Among other issues)
STATUS AND NON-STATUS ALGONQUIN HUNTING AT THE SAME TIME AND PLACE WILL NO LONGER WORK.
NON-STATUS ALGONQUINS ABUSE HUNTING CARDS AT THE END OF THE HUNTING SEASON. THEY CONTINUE TO USE HUNTING CARDS TO PERSONALLY BENEFITS SUCH AS FOR FISHING AND FOR BUYING GOODS IN OUR TERRITORY IF THEY CAN GET AWAY WITH IT TI-THEREBY UPSETTING STATUS MEMBERS AND BUSINESSES. BUSINESS RELATIONS HAVE DETERIORATED. THE STATUS MEMBER RIGHTS TO TAX EXEMPTION WITHIN THE TERRITORY IS SERIOUSLY DAMAGED AS A RESULT. NOT ONLY FOR ALGONQUINS BUT FOR ALL STATUS INDIANS TRAVELING THROUGH THE TERRITORY.
A WEDGE HAD BEEN DRIVEN BETWEEN FIRST NATION MEMBERS AND NON-STATUS LIKE IT OR NOT BUT IT NEEDS TO BE FIXED IMMEDIATELY.
If there is an agreement reached, Chief and Council intends to sign a Hunting Agreement between the First Nation and the Province of Ontario on behalf of the members of the First Nation. (modifications required.)
In the event that Chief and Council not enter into any hunting agreement this year and conduct and manage a hunt under Algonquin Law. The outstanding concerns or issues are (The following issues including above issues need to be addressed in any event).
The Province violated the spirit of the negotiation process by not commencing negotiations by mid January with a view to concluding an agreement by March 31. We are again in September. with the province still not moving on a number of critical outstanding issues and an unrealistic time frame in which to adequately resolve. This not normal as it happens every year.
The Council would indicate to the province that it shall conduct a hunt without an agreement and how it can and will manage a conservation minded approach consistent with Algonquin Law including the following;
The likelihood is that the NON-STATUS ALGONQUINS will hunt inside Algonquin Park on October 9,2001. The are already hunting outside Algonquin Park in the absence of NO LAW and NO TRIBUNAL to deal with violations. MNR is aware of this fact and are not concerned. How is this possible? What mechanism did ANND provide already to satisfy MNR requirements? Did the Non-Status Algonquins agree to limiting the deer harvest in accordance with ANND direction?
Non-Status Algonquins have enrolled in record numbers recently and have received Hunting Tags and Hunter ID cards from FWC. The Status Algonquins need to question the legitimacy of the enrolment process through an immediate professional independent audit of the enrolment system in place and to validate each and every application on an individual file basis and not by random selection. Why? There is a question of the legality that needs to be addressed? The Status Algonquins need assurance of this Enrolment Law and application process is not in any way mismanaged, and it is legal thereby resulting in legitimate Non-Status Algonquins applications. If there are such cases then they should be rejected immediately. This will resolve but removing any doubts about who the Non-Status Algonquin are and how we can address the issue of consultation only as what was supposed to happened in our Algonquin Claim.
Recommendation - Hire an auditor to investigate Enrolment Law and its application supported with staff with professional genealogist background and staff support with genealogical experience. Genealogists team will include staff persons having qualifications to trace or study the descent of persons or families.
Rationale Supporting this Recommendation
The Council is the only legally recognized political body that can represent and enter into agreements with other governments on behalf of its members.
The ANND Corporation is by its creation and by-laws an administrative body, not a political body. It is not an appropriate body to be entering into agreements with other government,,. It does not have this authority tinder its own by-laws to be doing so. (Legal counsels specializing in Corporations will tell you the same.)
INTERIM HUNTING AGREEMENT (IHA) WITH MODIFICATIONS
Issues To Be Considered In Reviewing This Recommendation.
Clause 17 of past agreements would have to be deleted or amended to stipulate that the agreement applies to First Nation members only.
In clause 5(a) consideration would have to given by deleting "pursuant to the terms of reference of the Algonquin Nation Negotiations Interim Directorate."
Claus 10, Delete the last sentence of this clause, "The Council shall exercise its powers under this section pursuant to the terms of reference of the Algonquin Nation Negotiation Interim Directorate."
Chief and Council exercise their authority and reactivate the Algonquin Tribunal and formally appoint judges to this Tribunal by a Resolution of the Council.
The Council hire an Enforcement Officer to enforce the Algonquin Law enacted by Council under their authority.
The Council hire the required technical and administrative support to manage the hunt under our obligations of this agreement including monitors.
Related Rationale for these Considerations.
In any harvest the Province shall expect but not demand that we agree to manage it and that we have the capacity to fulfil] our obligations to enforce it as part of any agreement. The Council is the only body that can do this. It is the only body that can make laws governing its members and it is the only body that can enforce them. The ANND Corporation cannot have any legal authority to make its own laws and cannot enforce laws of the First Nation. Only the First Nation has the ability to meet these obligations.
In accordance with the most recent Cow moose tag draw, the majority of the Cow tags were issued to the Non- Status Algonquins, grant them by luck of the draw. However, there needs to be questioning again. There are at least 3 names on the Cow Draw list that match with the names of individuals of the newly enrolled persons and that there is a 90 day appeal list posted. How can these individuals apply for Hunting Cards and Tags on the same day as the application approval? Is this something that should not be happening?
PIKW└KANAG└N MEMBERS - were issued a statement by Council September 21, 2001 on what to expect. No guarantee against seizure, charges, etc. (We must be prepared for possible legal implications.) (We must be prepared of the possible impact this could have on the Negotiation process.) (Maybe no hunting in Algonquin Park) (Charges may be laid) (We must abide by Algonquin Law) (We must have a management plan in place) (Council knows that Algonquin People will hunt if there is an agreement or not) (If there is no agreement we as caretakers of Mother Earth must keep conservation in mind and ensure that there is a sustainable moose population for our future generations)., (We know we must, we must, we must.........)
Will Council legally defend Status Algonquins who hunt according to THE HUNT SYSTEM?
ANND appears to be prepared to legally defend the Non-Status Algonquin who are hunting right now outside Algonquin Park. We know that. So what!!!!
We need to consider what to do with the Algonquin Law'? We need to update it so it does truly reflects our Algonquin culture, heritage, traditions and custom practices of the Algonquin Anishinabeg Nation. (We will require traditional teachers to assist us in achieving this goal).
Recommendation: Hire Traditional teachers to assists us in achieving this goal.
We need to be assured that the Non-Status Algonquins are hunting employing the Algonquin culture, traditions, teachings and while honouring our sacred medicines (offering of tobacco). Giving the animals a proper burials and to safeguard us against diseases. And most importantly, giving thanks to the animals they have taken for food purposes so that we may survive). The words are. Chi-Meegwetch. Chi-Meegwetch. Showing respect for the Moose and Deer that they have harvested needs to be done and practices This is our culture. Respect it. The Bear is a symbol of our proud Algonquin Nation, as a people we should respect and honor the Bear. We encourage that you not shoot Bears unless they present a life threatening danger to you and your family.
The concern here is that some Status Algonquins and a lot of Non-Status Algonquins may have unknowingly showed disrespect for the animals. (Last year there were many complaints about these issues. Some persons leaving the animal remains, hides, heads, guts on or along the roadsides uncovered.) This we mean is total disrespect. Granted, they will require the traditional teachings. Services of a traditional person is offered in Pikwakanagan now.
Recommendation: Status Algonquin should request traditional teachings. Or ask someone who can assist in addressing this concern.
HOW WILL THE PIKW└KANAG└N MEMBERS HUNT?
All members will hunt with the use of their status cards.
Confirm that all members recognize and are subject to the Algonquin Law under the harvest.
The First Nation will ensure respect for conservation.
The First Nation shall respect the present harvest limits presently being discussed and ensure a shutdown of the hunt.
The First Nation would hire an Enforcement Officer to enforce Algonquin Laws under the authority of the First Nation.
The First Nation would hire the required technical and administrative support including monitors to ensure there is the capacity to enforce Algonquin Law. The First Nation reactivate the Algonquin Tribunal to satisfy Ontario that we have the capacity to deal with infractions of the Law.
ANOTHER CONFLICT AWAITS (STATUS, NON-STATUS ALGONQUIN, METIS, THE PROVINCE OF ONTARIO, MNR)
It is our understanding that the Non-Status Algonquin are currently hunting outside Algonquin Park, as we speak. This, is not news. We understand that the Non-Status Algonquin are intending to hunt inside Algonquin Park on or before October 9, 2001.
This again is not news.
We are aware that the Non-Status Algonquin are hunting in the spirit and intent of a hopeful Interim Hunting Agreement, so what. What concerns the Status Algonquin is that they do not have any laws or tribunal for dealing with infractions or violations yet MNR is aware of this. ANND supports this and will defend the Non-Status Algonquins. What concerns the Status Algonquins is that there were major infractions and violations made by Non-Status Algonquins in last years hunt. We know that. We are aware, MNR officials are still waiting for ANND to deal with these issues. The truth must come forward to the Status Algonquin. Why are we over regulated with laws when they are not.
Non-Status Algonquins who hunted last year do not come above the laws, now do they. Oh! No Laws and no tribunal in existence for the Non-Status Algonquin. Why? Several years have past and no one in control see a need to fix this problem. Issue.-, are left unresolved again.
The Status Algonquins infractions and/or violations are dealt with under Algonquin Law. The ANND legal counsel spent enormous time and thought into each case to advise ANND staff how to deal with the matters. This is fair. What isn't fair is how the ANND staff deal with the matter after receipt of the legal advise and its decisions and timing. What isn't fair for the Status Algonquin is that we are quick to address our problems under the Algonquin Law and knowing that for the Non-Status Algonquin that nothing is being done due to the absence of laws and tribunals for them.. Many years have passed yet no laws were developed to apply to the Non-Status Algonquin, Why or Why not? How could we let this happen?
OUR SOLUTION IS WITHIN OURSELVES BELIEVING WE HAVE AN ALGONQUIN ABORIGINAL RIGHT AS STATUS ALGONQUIN TO PROCEEDING WITH A STATUS INDIAN HUNT RIGHT NOW.
Hunting is and has always been an integral part of Algonquin Culture and thus the subject of Algonquin aboriginal rights. The exercise of Algonquin aboriginal rights is a matter within jurisdiction of the Algonquin Nation.
The Status Algonquins are prepared to conduct its annual Moose hunt, immediately asserting our Rights and Freedoms under our Algonquin Traditional laws.
We are planning to conduct a well co-ordinated Status Algonquin harvest for Moose and Deer for food .purposes, inside Algonquin Park without the application of Algonquin Law. Excusing Algonquin Law.
We intend to hunt in accordance with the Traditional Laws. Laws that existed prior to the arrival of the European.
Believing that our rights are entrenched in the Constitution of Canada and supported by the Supreme Court's Sparrow Decision.
Believing that our inherent rights to hunt and fish for food are in jeopardy with the current or pending IHA agreement and existing Algonquin Law that does little to protect our rights but satisfies ANND and the Province of Ontario.
And further knowing that, the Non-Status Algonquins are supported by ANND legally even in the absence of any laws whatsoever.
We must wait no longer. WE MUST HOLD THE LINE.
A window of opportunity exists, right now so that we can exercise our Aboriginal Algonquin rights as Status Algonquin. (11 days to Thanksgiving Day is long enough time to hunt for food purpose, ensuring that all our needs are met while considering the needs of others ).
After Thanksgiving Day, ANND can negotiate for the Non-Status Algonquins if they have not already so their needs could be met and if this is still a negotiation issue. Not our problem.
Council and ANND must decide which side are they on.
We must have media attention and show that we are at least united in what we do and say as a First Peoples. We must seek support from the National Chief of the AFN at some point in time and with the INAC legal department given the circumstance we are in today.
We must stop playing the game of the enemy as we have done for the past 500 years.
There is no justice for the Status Algonquin.
If we wait we will once again get shafted by....... That is our Algonquin history and this must change now for the good of all Status Algonquin.
The creator has put us here, now we must take a stand on this issue today and present a united force of True Status Algonquins and hopefully supported by a Council that believes in a democratic political system and justice.
We the undersigned, Status Members of PikwÓkanagÓn hereby give notice that we will hunt in the absence of the current Algonquin Law but under Algonquin Traditional Law just as our forefathers have done before the arrival of the White Man. We will respect all the applicable concerns and issues noted above to the best of our abilities during this hunt.
Page created by: muckwa
Changes last made on: Monday July 8, 2002