TURTLE ISLAND

ADDENDUM TO THE MARCH 25, 2004

PROTOCOL AGREEMENT

Dated this 30th day of July, 2004

BETWEEN:

THE ALGONQUINS OF PIKWAKANAGAN FIRST NATION

(hereafter "Party No. 1")

AND

 

THE ALGONQUIN NATION NEGOTIATION DIRECTORATE

(and its Representatives)

(hereafter "Party No. 2")

(collectively the "Parties")

 

WHEREAS the Parties entered into a Protocol Agreement on March 25, 2004 and reaffirm the principles expressed within that Protocol Agreement;

AND WHEREAS, following many meetings and consultations and following extensive consideration, the Parties have agreed that it is premature at this time to define Beneficiary Eligibility Criteria for the Treaty Negotiations between the Algonquins, Canada and Ontario until those negotiations, which will not adversely impact on existing Aboriginal rights or rights to equality, result in a clearer determination of the additional benefits that may be negotiated;

AND WHEREAS the Parties have also concluded that it is now necessary to establish a basis for forming and mandating a negotiation team with the ability to represent the interests of all Algonquins of Ontario to negotiate the Treaty;

THEREFORE the Parties hereby covenant and agree with each other as follows:

I.         The Algonquin Negotiation Representatives

1.            The Algonquin Negotiation Representatives ("ANR") shall be comprised of:

            (a)     the Chief and Council of the Algonquins of Pikwakanagan First Nation; and

            (b)     Representatives of the Communities of Algonquins described in paragraph 2 elected solely for the
   
                  purpose of participating in the Treaty Negotiations with Canada and Ontario.

2.                 One Representative will, subject to paragraph 3, be elected from each of the following Communities of Algonquins:

        (a)       Sharbot Lake

        (b)       Mattawa/North Bay

        (c)       Greater Golden Lake

        (d)       Ardoch

        (e)       Antoine

        (f)       Bonnechere

        (g)      Bancroft

        (h)      Whitney

        (i)       Any other groups of persons in Ontario who want to be recognized as a Community of Algonquins in
                  Ontario, and who can demonstrate that:

                a.     they have a geographical connection with the Algonquin Territory in Ontario as reflected in the
                        Map that is annexed as Appendix A (other than those Communities listed above); and

                b.     they have a history of common interests, traditions and needs arising from their common Algonquin
                        heritage.

3.             All Communities of Algonquins, including those listed in paragraph 2 (a) through (i), must have a
                minimum of 125 persons of Algonquin descent as defined in paragraphs 10
(b) through (e) below.

4.             Any group of persons seeking to be recognized as a Community of Algonquins pursuant to paragraph 2
                (i) for the purpose of electing a Representative to the ANR must do so by making an application in
                writing to the Electoral Officer on or before the election is called.

5.             The decision whether or not any group should be recognized as a Community of Algonquins pursuant to
                paragraphs 2 (i), 3 and 4 shall be made by the Electoral Officer who will consult the applicants, the
                Enrollment Officer and the Parties in making his or her decision. The Electoral Officer's decision in that
                regard shall be final for purposes of the election in question, but is without prejudice to any subsequent
                application for recognition as a Community of Algonquins for election or other purposes related to the
                Treaty Negotiations.

6.             The ANR shall conduct themselves in accordance with the Protocol Agreement dated March 25, 2004
                and this Addendum. The ANR shall have the responsibility of consulting with and taking direction from
                each of their respective Communities and to instruct the Principal Negotiator in respect of the Treaty
                negotiations.

7.            Representatives of the Algonquin people from each of the Communities of Algonquins specified in
               paragraph 2 shall be elected in each instance by the Electors of each of the Communities of Algonquins
               pursuant to this Agreement and the Election Rules that are annexed as Appendix B.

8.           A Representative who is elected shall hold his or her position for three (3) years.

9.           If a Representative misses three consecutive duly called meetings of the ANR, the position of that
              Representative shall automatically become vacant. In that event, or if an elected Representative cannot
              complete the three-year term for any other reason, including resignation, a by-election to replace that
              Representative may be held in accordance with this Addendum and the Election Rules.

II.         The Electors

10.         Persons who declare themselves Algonquin and who meet the following criteria shall be added to the
              Electors' List (described below) and thereby shall be entitled to vote in the elections for the position of
              Algonquin Negotiation Representative referred to in paragraph 2.

              Persons who:

             (a)     have attained the age of 18 years on or before October 1, 2004; and

             (b)     who were enrolled on or before November 17, 2001 on the list maintained for that purpose pursuant
                       to the then existing Algonquin Enrolment Law, May 31, 1994 (the "List") provided there is no
                       adverse determination made in that regard by the Enrolment Officer as a result of the review
                       undertaken by him or her pursuant to paragraph 14 (a); or

             (c)     subject to the review described in paragraph 14 (a), were added to the List after November 17, 2001;
                      or

             (d)    can demonstrate direct lineal descent from at least one person identified in Schedule "A" annexed to
                      the then existing Algonquin Enrolment Law, May 31, 1994 (A further copy of Schedule "A" is
                      annexed as Appendix C) ; or

            (e)    can demonstrate direct lineal descent from at least one person previously accepted as an Algonquin
                    by the Enrolment Board established pursuant to the then existing
Algonquin Enrolment Law, May 31,
                    1994.

11.     The persons identified in paragraph 10 are hereinafter referred to collectively as the "Electorate" and
          individually as an "Elector" and shall be added to the list of Electors maintained by the Electoral Officer
          (the "Electors' List").

12.     A person may apply on or before the date that the election is called to be an Elector and be added to the
          Electors' List provided that he or she satisfies the Enrolment Officer that he or she meets the criteria set
          out in paragraph 10.

13.     Each Elector shall have the right to choose to affiliate with a particular Community of Algonquins if that
          Elector can show past or present residency within, or social or family ties to that Community. A form signed
          by an Elector that indicates such an affiliation shall be conclusive unless expressly withdrawn by that
          Elector or replaced with another similar signed form. In any cases where no such choice has been made in
          writing, the decision of the Electoral Officer, who will consult with the Enrollment Officer in making that
          decision, shall be final with respect to the determination of which Community an Elector is listed as being
          part.

III.     The Enrolment Officer

14.     Joan Holmes of Joan Holmes and Associates Inc. or such other individual as deemed appropriate by the
          Parties, shall be retained by the Parties for the following purposes:

        (a)     to conduct a comprehensive review of the underlying materials filed and employed in support of those
                 persons who were added to the List after November 17th, 2001 and verify that their inclusion on that
                 List was correct (with the exception of those persons who were accepted by the Enrolment Board as
                 provided for in paragraph 10 (e) and their descendants);

        (b)     to serve as the Enrolment Officer to process and determine whether applicants meet the criteria set out
                 in paragraph 10;

        (c)     to assist the Electoral Officer, as needed pursuant to paragraph 5;

        (d)     to assist the Electoral Officer in determining which Community of Algonquins each Elector who has not
                 signed a form regarding his or her affiliation with a Community of Algonquins shall be listed as being
                 part of pursuant to paragraph 13.

15.     In the event that the Enrolment Officer determines that a person's name should be deleted from the
          Electors' List or that an application to be an Elector should be denied, the Enrolment Officer shall specify
          the basis for such action and the person thereby affected shall have the right to make a further written
          application to the Enrolment Officer on further and better material. The Enrolment Officer's decision on
          whether an application submitted by an applicant to be an Elector meets the criteria set out in paragraph 10
          shall be final.

IV.     Electoral Officer and Volunteers

16.     Robert Johnson, or such other person deemed appropriate by the Parties shall be appointed by the Parties
          as the Electoral Officer to implement the Election contemplated by this Agreement and to ensure that the
          Election Rules are complied with.

17.     The Electoral Officer may also appoint Assistants and/or Volunteers to assist the Electoral Officer in
          fulfilling his or her duties. Those persons appointed shall not be Candidates.

 

On behalf of the Algonquins of Pikwakanagan First Nation:

Kirby Whiteduck - Signed

Ronald L. Bernard - Signed             John Paul Kohoko - Signed

Sherry Kohoko - Signed                 H. Jerrow Lavalley - Signed

Jim Meness - Signed                             Richard Sarazin - Signed

 

On Behalf of Algonquin Nation Negotiation Directorate:

per Doreen Davis - Signed

On Behalf of Algonquin Nation Communities:

Doreen Davis, Sharbot Lake - Signed

Patrick Glassford, Greater Golden Lake - Signed

Davie R. Joanisse, Antoine - Signed

Gilbert Labreche, Mattawa - Signed

Randy Malcolm, Ardoch - Signed

Richard Zohr, Bonnechere - Signed

end

Turtle Island

Page created by: muckwa
Changes last made on: August 23, 2004.