ONGOING IDENTIFICATION OF ELECTORS
APRIL 30, 2007
APRIL 30, 2007
The Algonquin Negotiation Representatives (“ANR's”) recognize that the
successful negotiation of an Algonquin Treaty requires them to be accountable to
the Algonquins of Ontario (“Algonquins”) whose interests they represent.
The Algonquin Negotiation Representatives (“ANR's”) recognize that the successful negotiation of an Algonquin Treaty requires them to be accountable to the Algonquins of Ontario (“Algonquins”) whose interests they represent.
Paragraph 8 of the July 30, 2004 Addendum to the March 25, 2004 Protocol
Agreement (the “Addendum”) pursuant to which the ANR’s were elected,
anticipates that further elections of ANR’s will be held in May, 2008.
Paragraph 8 of the July 30, 2004 Addendum to the March 25, 2004 Protocol Agreement (the “Addendum”) pursuant to which the ANR’s were elected, anticipates that further elections of ANR’s will be held in May, 2008.
Paragraph 10 of the Addendum contains the following definition of
Paragraph 10 of the Addendum contains the following definition of Electors:
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
“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 Representatives:
(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/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
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
The Terms of Reference of the ANR's dated September 26, 2005 contains the following paragraph:
“ONGOING IDENTIFICATION OF ELECTORS
The ANR’s agree that there will be ongoing efforts to consider
processes that may be required to identify persons of Algonquin descent for
consultation purposes in regards to the Algonquin Land Claim Negotiations in
The ANR's intend to continue the process of identifying
persons of Algonquin descent as Electors using the criteria set out in the
Addendum for the purpose of the upcoming election of ANR’s in May, 2008 or any
by-election that is required and in order to fulfill their ongoing duties to
consult persons of Algonquin descent.
Accordingly, the ANR’s agree as follows:
1. Joan Holmes of Joan Holmes Associates Inc. is hereby reappointed as Enrolment Officer. In that capacity she is directed to process any applications that were pending as at March 31, 2005 with respect to the election process.
2. In processing such pending applications, the Enrolment Officer shall use the procedures established pursuant to the Addendum paragraph 10(a) of which is hereby amended to facilitate the ANR elections in 2008 to read as follows:
“(a) have attained the age of 18
years on or before March 1, 2008; and…”
3. All successful applicants shall be placed on the Algonquin Electors’ List (as described below).
Ongoing Identification of Electors
4. The Enrolment Officer shall maintain an ongoing Algonquin Electors’ List (the “List”). This List shall be comprised of those persons who are on the Electors’ List, and all persons whose applications to be added to the List are subsequently approved.
5. The Enrolment Officer shall ensure that information provided by the ANR’s regarding Community affiliation mailing addresses, telephone numbers and e-mail addresses are associated with each name on the List.
6. All persons who are eligible to be an “Elector” under the criteria which was established in paragraph 10 of the Addendum, shall be added to the List once their applications are approved.
7. Each ANR shall act as a first point of contact for each applicant within the applicant’s Community to assist the applicant to assemble the necessary information to be considered in the application.
8. Any applicant who chooses on his/her application not to affiliate with an existing Community as established pursuant to the Addendum may apply directly to the Enrolment Officer to process his/her application. If such applicant’s application is successful the Enrolment Officer shall add that applicant’s name to the List and identify such successful applicant as “unaffiliated”.
9. Each applicant who complies with the criteria set out in paragraph 10 of the Addendum, shall be approved by the ANR of the relevant Community or where applicable, the Enrolment Officer, and the successful applicant shall be added to the List by the Enrolment Officer directly or upon receipt of the approved application and supporting documentation from the ANR. All successful applicants’ names, including those approved directly by the Enrolment Officer, shall be circulated by the Enrolment Officer to the ANR’s for review.
10. The Enrolment Officer shall conduct periodic reviews of applications processed by the ANR's, and shall report any anomalies discovered to the Enrolment Review Committee established herein.
Enrolment Review Committee
11. An Enrolment Review Committee shall consist of all of the ANR’s from each of the Communities and one (1) ANR from the Algonquins of Pikwŕkanagŕn First Nation.
12. Three (3) ANR’s sitting as the Enrolment Review Committee as determined by the ANR’s shall constitute a quorum.
13. The Enrolment Review Committee shall consider any appeal by any person whose application to be placed on the List has been reviewed and rejected by an ANR.
14. Any person on the List may appeal a successful application.
15. Such appeal shall be made by a written request addressed to the Enrolment Officer.
16. The Enrolment Officer shall then review the relevant application and make recommendations to the Enrolment Review Committee who shall:
(i) review the Enrolment Officer’s report, the application and supporting material,
(ii) consider any submissions made by the applicant and, where applicable, the ANR from the applicant’s Community regarding the application,
(iii) make a determination;
17. The decision of the Enrolment Review Committee which shall be final shall be conveyed in writing to the applicant and, where applicable, the relevant Community ANR who processed the application(who may not sit on the Enrolment Review Committee considering the appeal).
18. The Enrolment Review Committee shall review the composition of Appendix “C” to the Addendum and make recommendations to the ANR’s for their approval regarding any amendments to that Schedule.
19. The Enrolment Review Committee shall consider and recommend to the ANR’s any action to be taken with respect to any anomalies reported by the Enrolment Officer with respect to the reviews carried out pursuant to paragraph 10.
20. Upon receiving a report from the Enrolment Officer under paragraph 10, or on its own motion, the Enrolment Review Committee may request the ANR's to authorize the Enrolment Officer to conduct a complete or partial review of applications processed by an ANR if, in their judgment, such ANR may have proceeded on an incorrect basis. In that event the Enrolment Officer shall review the applications and supporting materials as directed by the ANR’s and shall report his/her findings to the ANR’s for further action.
Maintaining Accurate Contact Information
21. The ANR’s shall undertake a review of the Community affiliation, addresses, telephone numbers and e-mail addresses of all persons on the List affiliated with their respective Community of Algonquins to ensure that in so far as practical current information for each person is recorded on the List. The ANR’s shall inform the Enrolment Officer of any amendments to be made to the List in that regard.
Execution in Counterpart
22. (a) This document may be executed and delivered by facsimile and it is agreed that such execution and delivery shall be legal and binding as if the facsimile copy contained the original signature of the parties
This document may be executed
in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one and the same instrument.
DATED this 30th day of April, 2007
Page created by: muckwa
Changes last made on: May 03, 2007.