Legris Law Office
248 Argyle Street South
Renfrew, Ontario, K7V 1T7
83-A Kakagimin Inamo,
Golden lake, Ontario
By Fax: 613-625-2132
Attention: Doreen Davis, President
Monday, February 25, 2002
Dear Chief Davis:
The Directors of the Algonquin Nation Negotiations Directorate (ANND) instructed me on Wednesday February 6, 2002 to prepare an opinion in regard to ownership of the property and assets, including files, located at ANND's offices at 83-A Kakagamin Inamo, Golden Lake, Ontario and at Regional offices in Ontario, including property of ANND in use by its Directors and Staff.
Assumptions: I have reviewed copies of ANND's corporate documents and Board resolutions passed since ANNDs formation defining its role and progress in assuming responsibility and authority for land claim negotiations on behalf of the Algonquin Nation. I have also reviewed documents including Band Council Resolutions of the Algonquins of Pikwakanagan evidencing the intention to transfer assets and liabilities, together with documents of ANND accepting such assets and liabilities. I have assumed that the copies of documents I was given are copies of original signed documents, valid in accordance with their terms
Consideration: ANND has assumed possession of assets transferred from the Algonquins of Pikwakanagan, engaged staff, created records and a base of knowledge and generally conducted its affairs in reliance on Pikwakanagans reciprocal actions and promises and assumed responsibility for negotiations on behalf of the Algonquin people ANND, for example, assumed responsibility for general debts in consideration for the transfer and use of assets and Negotiation Department property including files and information. In acting to its detriment in reliance on promises made by Pikwakanagan, consideration flowed between the parties.
Rent for leased offices: I have been informed that all rent has been paid to Pikwakanagan in accordance with the verbal lease with ANND for office premises at 83-A Kakagamin Inamo, Golden Lake, Ontario. All rents have been paid to date and the lease is in good standing.
It is my opinion that:
1. A contract exists between ANND and Pikwakanagan for the exchange of assets and liabilities and assumption of responsibilities, in turn vesting ownership of assets in ANND and conferring a benefit and reduction of liabilities on Pikwakanagan.
2. ANND is the lawful owner in possession of the assets and personal property, including files and information located at its offices at 83-A Kakagamin Inamo, Golden lake, Ontario and at Regional offices including property in the possession and used by ANND's Directors and Staff.
3. ANND, as owner in possession is entitled to remove such asset and property on termination of its lease, without interference.
Yours very truly,
Joseph D. Legris
Page created by: muckwa
Changes last made on: Sunday April 14, 6:11 pm 2002