TURTLE ISLAND

CITIZENSHIP LAW OF THE ALGONQUIN NATION TRIBAL COUNCIL    


1. PRINCIPLES AND OBJECTIVES


1.1 This Article


a) Recognizes that Algonquin’s are best able to determine who is entitled to be a citizen and a beneficiary of the Algonquin Nation. It is also recognized that there should be objective criteria, which an individual will have to meet to be a citizen of the Algonquin Nation.

1.2 DEFINITIONS

In this law, reference to the masculine includes the feminine, and reference to the singular includes the plural.

“Beneficiary/Citizen” means a person who is of Algonquin or Nipissing decent.

“Citizen of the Algonquin Nation of Ontario” means a person who has applied for citizenship and has met the requirements of this Law.

“Descendant” means a descendant in either the natural mother’s or father’s line.

“Applicant” means a person who applies for citizenship on his own behalf.

“Applicant Representative” means a person who, by order of a court, or according to aboriginal custom in Canada, or pursuant to legislation, has been vested with the authority to manage the affairs of an adult incapable of managing his own affairs, and who acts as that person’s “Representative” and applies to the Registrar to register that adult.

“Minor” means a person who has not yet attained the full age of eighteen years.

“Citizenship Commission” means the Commission established pursuant to Section 1.6.1.

“ANTC”  means the Algonquin Nation Tribal Council, which consists of the Nation Representatives or Chairpersons, elected by the local areas as persons to represent the Algonquin Nation as a whole.

“ANND” means the Algonquin Nation Negotiations Directorate which is the administrative body of ANND, and consists of members of ANTC.

“Adoption” means the adoption of a Minor under the laws relating to Adoption in any of the provinces of Canada or the standardized customs of the Algonquin Nation.

“The Algonquin Territory” means the watershed of the Mattawa River from Lake Nipissing  to the mouth of the Mattawa River where it enters the Ottawa River and from the mouth of the Deschene Creek Eastward to McLaren Bay and the southern watershed of the Ottawa River from McLaren Bay to Point L’Orignal and also includes the area bounded by the height of land of the southern watershed of the Ottawa River where it meets the eastern boundary line of the Township of Cashel thence south along this township boundary line to where the Cashel Township boundary line meets the northern boundary line of the Township of Grimsthorpe and thence west along the northern boundary line of the Township Grimsthorpe to where it meets the northern boundary line of the Township of Tudor and thence west along the northern boundary line of the Township of Tudor to where the township boundary line meets Highway 62 and thence south along Highway 62 to where the Highway 62 meets the northern boundary line of the Township of Thurlow thence east along the northern boundary line of the Township of Thurlow to where the northern boundary line of the Township of Thurlow meets the northern boundary line of the Township of Tyendinaga and thence east along the northern boundary line of the Township of Tyendinaga to where the northern boundary line of the Township of Tyendinaga meets the western boundary line of the Township of Camden East and thence south along the western boundary line of the Township of Camden East to where the township boundary line meets with Highway 41 and thence south along Highway 41 to where Highway 41 meets Highway 401 and thence east along Highway 401 to where Highway 401 meets Highway 16 and thence north along Highway 16 to where it meets the height of land of the Ottawa River watershed in Edwardsburgh Township.

“Registrar” means the person appointed by ANTC/ANND, or any successor body, who will be responsible for administering and maintaining the Algonquin Citizenship Register.

1.3 ELIGIBILITY

 

The following persons are entitled to be registered as Beneficiary/Citizens of the Algonquin Nation of Ontario:

 

1.3.1 Any person who:

a) provides proof that he is a natural descendant of at least one Algonquin or Nipissing person whose name appears on Algonquin Nation  Standardized Identification Criteria [which will include all the persons who’s name appeared on Schedule A of the old Algonquin Enrolment Law]: to be known from here on as the [Algonquin Nation Standardized Identification Criteria’s Schedule A].

1.3.2 Any person who:

a) provides proof of membership, pursuant to the Indian Act of Canada R.S.C. c. 1-6, in the Algonquin’s of Pikwàkanagàn First Nation.

 The following persons are entitled to be registered as Citizens of the Algonquin Nation of Ontario, and will be entitled to limited rights:

1.3.3 Any person who:

a) provides proof of marriage, under provincial law, common law or by Algonquin custom to a Citizen of the Algonquin Nation which Citizen has been registered pursuant to paragraphs 1.3.1 or 1.3.2., and is of Algonquin descent.

b) provides proof of Adoption under provincial law or by Algonquin custom by a Citizen of the Algonquin Nation.

c) provides proof that he has met the requirements of the Standard Community Acceptance criteria as outlined below.

 

                                STANDARD COMMUNITY ACCEPTANCE CRITERIA

 

1) Must be sponsored by the Algonquin region/community that they live in.  The sponsorship must be in approval by the Chief and the elective body of the region/community. And:

2) Must have lived in the Algonquin region/community for at least 5 years. And:

3) Must be able to support, or practice Algonquin customs, such as hunting, fishing, and gathering etc. And:

4) Must be willing to support Aboriginal rights. And:

5) Must be able to support, and abide by all Algonquin Laws. And:

6) Must be at least 18 years of age.  Citizenship will be on an individual bases only.   Any one under that age of 18 could become Citizens through there parents, but would have to apply for citizenship after turning 18. And:

7) Must be willing to agree to limited rights, in the same manor as other citizens, who are not of Algonquin decent. And:

8) Must not be found guilty of an indictable offence at the time. And:

9) Must not be found in violation of Algonquin Law.

 NOTE:  Citizenship can be revoked if there is a violation of any of the above conditions.

 

The following is a list of what the limited rights are for the citizens who are not of Algonquin Decent.

                                CITIZENSHIP LIMITED RIGHTS

1) Allowed to accompany other Algonquin family members such as spouses or children, while they are hunting, fishing, and gathering.

2) Allowed to participate in all Algonquin ceremonies.

3) Not receive any direct benefits from the treaty.

4) Not allowed to vote on the treaty

5) Allowed to vote for Chief Etc, but not hold political office.   

  NOTE:  These rights would be removed, if for any reason the above persons cease to be   a Citizen.       

 

 1.4. LOSS OF CITIZENSHIP

 

1.4.1 Notwithstanding paragraph 1.3.3 a and  above a person who has acquired Citizenship pursuant to that paragraph shall lose their Citizenship and the Registrar shall remove their name from the Citizenship Register if their marriage results in divorce either legally or in common law.

1.4.2 Notwithstanding paragraph 1.3.3 b above a person who has acquired Citizenship pursuant to that paragraph shall lose their Citizenship and the Registrar shall remove their name from the Citizenship Register if that adoption has ended while the child is still a Minor.

1.4.2 Notwithstanding paragraph 1.3.3 c above a person who has acquired Citizenship pursuant to that paragraph shall lose their Citizenship and the Registrar shall remove their name from the Citizenship Register if that person fails to remain part of the community or can no longer meet the requirements of the Standard Community Acceptance criteria.

 

1.5 ADMINISTRATION

 

1.5.1. The Registrar shall be appointed by ANTC/ANND or any successor body and be responsible for administering and maintaining the Algonquin Citizenship Register.

1.5.2. A person, who wishes to register, shall make written application with supporting documentation to the Registrar.

1.5.3. The Registrar shall:

a) receive and acknowledge all applications received;

b) make a decision in respect of the application and shall

i) where the person meets the requirements, add that persons name to the Algonquin Citizenship Register; or

ii) request additional information; or

iii) refuse an application; or

iv) refer the application to the Enrolment Commission for a decision.

c) notify the Applicant or his Representative in writing of his decision, providing written

reasons for any decision under subparagraphs b) i, ii, iii or iv

1.54. Where the Registrar is satisfied that a person meets the requirements of Paragraph 1.3, shall add the persons name, date of acceptance, gender, date of birth, and address to the Algonquin Citizenship Official Register.

1.5.5. The Registrar shall provide to the Citizenship Commission, the Algonquin Citizenship Public Register prepared by him and the names of each Applicant whose name was refused inclusion on the Algonquin Citizenship Register, for their review. The Citizenship Commission has the authority to request for their review, from the Registrar, files on any registered Applicant or any Applicant who was refused registration.

1.5.6. The Registrar shall retain all applications and genealogical information developed from the application.

1.5.7. The Registrar shall post a copy of the approved Algonquin Citizenship Public Register in the ANTC/ANND Administration Office and in designated areas as determined by ANTC/ANND or any successor body. The Public Register shall include the Applicants’ names, date of acceptance and the name of the town/city/village and province and country where they are resident.

 

1.6 THE CITIZENSHIP COMMISSION

 

1.6.1. The Citizenship Commission shall be established and shall consist of five/seven Members, each of whom has been registered as Citizen of the Algonquin Nation. The Commission shall consist of one resident member from each Region/community within the Territory. The five/seven Members of the Commission shall choose one of their Members to act as Chair of the Commission.

1.6.2 The Commission Members shall be appointed by their Region/community and accepted by ANTC/ANND or any successor body by motion.

1.6.3. The Citizenship Commission shall;

a) decide on applications referred to the Commission by the Registrar

b) hear and decide on appeals.

c) establish their own rules of procedures and standards of evidence consistent with the rules of natural justice.

d) review the Public Register prepared by the Registrar; and add thereto or remove there from the names of persons who may or may not be entitled to be registered in accordance with Paragraphs 1.3. and 1.4.

e) the Chairperson shall certify the Algonquin Citizenship Official Register.

 

1.6.4. If a Region/community is not represented on the Citizenship Commission within 30 days of a request to do so from the Commission, or a member has not carried out his responsibilities within a reasonable time period established by the Commission, the Commission shall carry on its responsibilities without that Regions/community’s representation.

1.6.5. In accordance with standards set by it, the Commission shall reimburse each Commission member for their reasonable out-of-pocket expenses incurred by it.

1.6.6. Shall authorize the expenditure of such funds that may be allocated to it for the purpose of carrying out its responsibilities;

1.6.7. To prepare and provide such information and forms as may be necessary to conduct registration.

1.6.8. To notify each Applicant whose name has not been put on the Algonquin Citizenship Register and to notify each person whose name has been added to or deleted from this list.

 

1.7 APPEALS

 

1.7.1 Where it appears that an Applicant is not entitled to be registered the Commission may, on its own motion, institute an appeal in respect of that person’s application;

1.7.2 a) The Applicant, the Applicant’s Representative, or any person who is registered as a Citizen of the Algonquin Nation may appeal a decision of the Registrar to the Citizenship Commission within 90 days of the public posting of any decision on an Application by the Registrar;

1.7.2 b) And where and applicant has been approved by the Registrar, that application can be appealed by any other Algonquin Citizen.

1.7.3 An Appeal shall be made by completing an “Appeal Form” and submitting the Form to the Citizenship Commission;

1.7.4. The Citizenship Commission shall hear and determine any appeal initiated by its own motion or by an Applicant, or a Citizen of the Algonquin Nation, arising from any decision of the Registrar with respect to registration and to provide such remedy or remedies as the Citizenship Commission in its absolute discretion deems appropriate;

1.7.5. The Citizenship Commission shall hear and determine matters before it in accordance with the principles of natural justice; and

1.7.6. The Citizenship Commission shall notify the Applicant or the Applicant’s Representative, and the Registrar of additions to or deletions from the official Algonquin Citizenship Register as a result of decisions made by the Citizenship Commission.

1.7.7. Where the Citizenship Commission has ordered that a person be registered as a Citizen pursuant to paragraphs 1.3.1 or 1.3.2 the Registrar shall add that person’s to the Algonquin Nation Standardized Identification Criteria Schedule A.

1.7.8 The Citizenship Commission shall be an independent body, operating at arms length from the Algonquin Government.

1.7.9 Where the Citizenship Commission fails or neglects to make a decision in respect of an appeal, then that appeal shall be deemed to have been rejected and a right of appeal shall lie to the Tribunal Court who may give direction to the Citizenship Commission and refer the matter back to the Citizenship Commission.

1.7.10 Where additional documents or information becomes available in respect of any application, the Applicant or his Representative may make another application, which shall be treated as a new application and not as a matter which has already been decided on appeal.

 

1.8 JUDICIAL REVIEW

 

1.8.1. All decisions and orders from the Citizenship Commission shall be final and binding and not subject to appeal or judicial review in any court provided, however, that an application for judicial review by an Applicant, a community or the Government, shall lie to the Tribunal Court upon the grounds that the Citizenship Commission:

a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

b) erred in law in making its decision or order whether or not the error appears on the facts of the record; or

c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

 

1.9 TRIBUNAL COURT

 

1.9.1. The Tribunal Court shall maintain the confidentiality of the documents and records delivered to it;

1.9.2. Upon the dissolution of the Citizenship Commission, the Tribunal Court shall have the following powers and duties:

a) to establish and publish its own procedures, including procedures in respect of appeals from decisions of a community [ respecting eligibility and registration under this chapter:

b) the chairperson of the Tribunal Court shall appoint a single arbitrator to hear and determine an appeal from any decisions of the Registrar after the dissolution of the Citizenship Commission, with respect to enrolment and to provide such remedy or remedies as the arbitrator in his discretion deems appropriate;

c) to direct and compel the production of documents and the attendance of witnesses.

d) to hear and determine matters before it arising under this chapter in accordance with the principles of nature justice:

e) powers necessarily incidental to the discharge of the arbitrator’s duties in considering matters under this chapter:

f) to notify the affected Applicant or the Applicant’s Representative, and the Registrar of additions to or deletions from the Algonquin Citizenship Register as a result of decisions made by the arbitrator; and

g) to carry out any other responsibilities assigned to the Citizenship Commission under this chapter.

1.9.3 The Government or other affected person shall be entitled to be a party in respect of an appeal or application for judicial review under this chapter.

1.9.4 Any decision or order of the arbitrator shall be enforceable in a like manner as an order of the Government.

1.9.5. All decisions of the arbitrator shall be subject to judicial review in the same manner as provided in 1.8.

1.10. BUDGET

 

1.10.1 The Citizenship Commission shall prepare an annual budget in respect of its operations and shall submit the proposed annual budget to the ANTC/ANND or any successor body for approval.

 

1.11 PUBLIC ACCESS

1.11.1 Any person may examine the Algonquin Citizenship Public Register during its usual business hours.

 

1.12. OTHER PROVISIONS

1.12.1 The Citizenship Law of the Algonquin Nation Tribal Council will come into effect after consultation with the Algonquin people within the territory and upon being passed by motion by the ANTC/ANND or any successor body.

1.12.2 The Citizenship Law can be modified at any time by consultation with the people of the Algonquin Nation

DISCLAIMERS

 Enrolment under 1.3. or 1.4 shall not confer on that Person any rights or benefits under the - Indian Act, RSC 1985, c.1-6, and rights of entry into Canada or to Canadian citizenship.]

 

Turtle Island

Page created by: muckwa
Changes last made on: Sunday August 25, 2002