TURTLE ISLAND
December 19, 2001
Members
Algonquins of Pikwakanagan First Nation
Dear Member:
Re: Algonquin Land Claim Negotiations
Many of you are aware that in May 2001 the Chief and Council of
the Algonquins of Pikwakanagan transferred the management for,
and the administration of, the land claim negotiations to the
newly created Algonquin Nation Negotiations Directorate (ANND).
Such a transfer was necessary in order for this process to work
because the First Nation alone had been legally and financially
responsible for these negotiations from the time of acceptance of
the claim for negotiation by Ontario and Canada in 1991/92.
The ANND corporation (a not for profit Ontario Provincial
Corporation) was created for the original purpose of
administering and managing the land claim negotiations for the
"Algonquin" Nation to the negotiation table. The First
Nation, through the Chief of the Algonquins of Pikwakanagan was
an equal part of the ANND Corporation in the capacity of being a
member of the Board of Directors. Similarly, seven to eight other
Directors were a part of the original Board of Directors. The
Chief was also elected as the first President of the Corporation.
On November 7th of this year a majority of the Board of Directors
had asked the Chief to resign as President. She refused to do so
as she believed she had been fulfilling her duties as the
President. The Board then decided to remove her by motion of the
Board and this was agreed to and passed by a majority of the
Board members.
On November 16th the Council of the Algonquins of Pikwakanagan
directed that the Chief and her Council Alternate resign from the
ANND Corporation. The Council later provided a letter to the ANND
Corporation outlining some of the reasons why they directed her
to resign. One these reasons being apparent/alleged violations of
the corporate by-laws, and statements by other directors to
continue such practices contrary to advice from legal and
financial advisors. Also, continued membership in the Corporation
may have resulted in the Chief and the First Nation becoming
liable for corporate actions to which the Pikwakanagan Council
was opposed.
After the decision to withdraw from the Corporation the Chief and
Council held a meeting for the membership on December 5, 2001. A
majority of the members present agreed with and supported the
decisions made, and the direction recommended by the Council. In
order to consult with as many members as possible the Council is
providing you with this information and the opportunity for you
to give your opinion and direction. The following are the five
(5) decisions and recommendations that were presented at the
December 5, 2001 meeting of the membership.
1. Council directed Chief
Lisa Ozawanimke to withdraw from the ANND Corporation, which she
did.
2. The Council has made the decision to take the position that it
represents all members of the Algonquin’s of Pikwakanagan
First Nation, on and off reserve. This will resolve the ongoing
issue of dual representation; especially in fight of the recent
Supreme Court decision in Corbiere. This decision provided for
the legal right of all First Nation members on and off the
Reserve to vote in the election of the Chief and Councillors.
which non resident members did in the latest election on March
28, 2001. The election occurred just prior to the creation of
ANND and the transfer of management to it.
3 As a result of the above two decisions it is now deemed
necessary for the Council to repeal and rescind the Algonquin
Enrolment Law. The Algonquin Enrolment Law is a Law developed and
passed by the Chief and Council of the Algonquins of Pikwakanagan
in 1994. The intent was to recognize persons of Algonquin descent
(i.e. 1/8th or more) including those who were not members of the
First Nation and who was felt, at a minimum, should be consulted
during the land claim negotiations.
It was never the intent that anyone enrolled be given recognition
as a claim beneficiary or as an "Algonquin citizen".
Secondly, the Council believes at this time they can only
represent First Nation members. They must repeal the Enrolment
Law because that Law has the effect of recognizing persons who
are not members of the First Nation.
4. As a result of withdrawing from the ANND Corporation the First
Nation had no formal representation at the land claim negotiation
table with Ontario and Canada. The Algonquin Negotiation Team
members are formally employed by and retained by the ANND
Corporation of which the First Nation is no longer a part. As a
result the Chief and Council have asked Dan Kohoko and Kirby
Whiteduck to represent them and the First Nation in the claim
negotiations.
5. On November 16th in the midst of all this, the Algonquin
Negotiation Team had prepared a document that they did provide to
the ANND Board as their recommendation to be tabled as the
"Algonquin Proposal" and as being "the position of
the Algonquin Nation leading to a Treaty". After reviewing
the document and comparing it with the "Algonquin
Vision" the Council recommends that it not be supported as
the "Algonquin Proposal" or the position of the
Algonquin Nation. In the document the Algonquin Negotiation Team
clearly states that they believe the tabling of their document
will lead to the breakdown of negotiations.
In Council’s view they believe it will but more importantly
that it will have the unwanted effect of "lowering the
bar" (i.e. establish a lower negotiating position) when
negotiations resume in the future. So they ask why table it???
Councils recommends not tabling it.
At the December 5th meeting a majority of the members present
indicated general agreement with the Council's decisions. Please
indicate on the attached page whether you agree or not. Please
complete and return the attached in the envelope provided.
Sincerely,
Chief Lisa Ozawanimke
On behalf of the Council of the Algonquins of Pikwakanagan
NOTE:
A survey on Algonquin Citizenship/Beneficiary is being sent out
by the Algonquin Nation Negotiation Directorate, (the ANND
Corporation). This is not consultation on behalf of Chief and
Council.
We are planning to consult the First Nation Band Members on
Citizenship and other issues in the near future.
Any consultation you will be receiving will be on our letterhead.
end -
Page created by: muckwa
Changes last made on: Sunday April 14, 6:11 pm 2002