Turtle Island
The Need for a Political
Body of the Algonquin Nation
Paper by - Chief Negotiator Greg
Sarazin and Algonquin Nation Lawyer Alan Pratt.
September 17, 2001
In recent meetings of ANND, it has become clear that
there exists no Algonquin government body with the, political
mandate to exercise Algonquin jurisdiction on behalf. Of all
Algonquins. It was also agreed that such a body is required.
ANND was created as a corporate body under the authority of the
laws of Ontario, to administer the negotiations process. ANND
therefore is not an entity of Algonquin governance.
The Chief and Council can enact by-laws under the Indian Act and
can pass-other laws that are restricted to their members, but
they cannot pass laws that will bind all Algonquins.
There are both short-term and longer-term issues that require the
development of an Algonquin law-making capacity. In the short
term it is clear that the 1992 Algonquin Law governing hunting
and fishing by members of the Algonquins of Pikwakanagan must be
amended. But there is no body that can amend it and have it apply
to all Algonquins. There is no body who can delegate enforcement
authority to the Fish and Wildlife Commission. The Algonquin
Tribunal requires new appointments.
In the longer term, what government bodies will have jurisdiction
over Algonquin lands and their use? We are moving towards
finalizing an AIP within the next 9 months. How lands will be
held and controlled with be part of the AIP. An Algonquin
government structure will give us more control. Without it,
Ontario will insist on some form of a holding company under
existing Ontario jurisdiction (see Ontario paper on Algonquin
organizations, dated June 4, 2001).
Even as we negotiate with the federal and provincial governments,
the Algonquin Nation needs to have the capacity to act
politically. Even if we are not yet ready to undertake the task
of passing aid enforcing laws on a wide range of matters, we need
to act as a Nation, through a political representative body. A
corporate directive body by definitions cannot direct a political
lobby. A lobby must be directed by political decision-makers on
behalf of the Nation.
In each region of the Nation, there are committees and
representatives who have a variety of mandates from their
Algonquin constituents. In some regions, the people have
identified Chiefs and Councils in addition to the election or
acclamation by members of Board members.
In the short term, we need to ensure that each region provides
the mandate to a regional person or groups of persons to act as
political representatives. Some regions already have established
political entities. Some have only the elected board members of
ANND. In some these cases the board member is also designated a
Chief. In each of these cases, the authority of the political
representatives, or the board members as is appropriate must be
provided a full and specific political mandate. Each of the
regions or communities must be asked, in open and inclusive
meetings, to authorize the local political body to act on behalf
of all community and political matters including land claim and
self government negotiations. This will create the interim or
provisional capacity to act politically.
In the longer term, we need to form a federated Algonquin
political body, with a name like the Algonquin Nation Council,
which will be the Political arm of the Algonquin Nation, just as
the ANND Board is the administrative arm. The Algonquin Nation
Council would supersede the interim political body.
An Algonquin Nation Council, if it is properly mandated, would be
able to amend the Algonquin Law, as well as supervise the
enforcement of the Algonquin hunt. It can also develop models for
future government bodies that will be necessary either to
implement the Algonquin Treaty or if the negotiations do not take
us to a Treaty, to direct and undertake as necessary alternative
strategies we will need.
The Report of the Algonquin Government Task Force, dated June 19,
1998, contains some specific recommendations that ANND should
review and consider. The Task Force recommended democratic
elections in each region to elect and mandate an Algonquin Nation
Council. The key is to secure the consent of Algonquins
throughout the territory to the creation of a government body
with the authority to pass, enforce and amend laws and to act as
the political voice of the Algonquin Nation.
The creation of an Algonquin Nation Council is compatible with
the existence of ANND. The ANND board could continue to act as
the administrative arm of the Algonquin Nation and therefore
continue to administer the negotiations.
-End
Page created by: muckwa
Changes last made on: Tuesday April 9, 6:11 pm 2001