TURTLE ISLAND

DRAFT

Algonquins Of Pikwŕkanagŕn

Beneficiary Criteria for Comprehensive

Land Claim Settlement to the Ottawa Valley (Ont)

Preamble:      

The Algonquins of Pikwŕkanagŕn Chief and Council have discussed with Government, the need to resolve the "Beneficiary Criteria Issue" immediately. The process will involve reaching agreement with the ANND Board of Directors on a jointly agreed to Criteria to identify people who will eventually participate as "Beneficiaries":

Initially, the jointly agreed to criteria can be implemented immediately so that those people of Algonquin Descent who wish to, and are successful, having demonstrated that they meet the criteria in their application for registration; could then be registered as "Eligible" to become "Beneficiaries", if and when "Actual Benefits" are negotiated and secured in a "Settlement Agreement" which is "Ratified" by all of the negotiating parties.

Those people of Algonquin Descent who are so "Registered" may proceed to elect and "Mandate" representatives to participate, and to assist in providing direction to the Algonquin Chief Negotiator.

If and when a "Settlement Agreement" is reached and is "Ratified" by all of the negotiating parties all persons registered as "Eligible to become Beneficiaries" will automatically become registered as "Beneficiaries" on the date of ratification.

Definitions:

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

“Adoption” means the adoption of a Minor child under the laws relating to adoption in any of the provinces of Canada.

“Algonquins of Pikwakanagan Government” means the Council of the Algonquins of Pikwakanagan.

“(Algonquins of Pikwakanagan Claim) Territory” means that portion of the watersheds of the Mattawa and Ottawa River’s from North Bay to Point L’ Orignal lying in Ontario and accepted by the governments of Canada and Ontario for the purposes of negotiating a land claim settlement with the Algonquins of Pikwakanagan Government in the Framework for Negotiations singed in 1994.

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

“Applicant Representative” means a person who, by order of a court, or pursuant to legislation, has been vested with the authority to manage the affairs of an adult incapable of handling his own affairs, may act as that person’s “Representative” and may apply to the Registrar to register that adult.

“Registrar” means the Registrar established pursuant to Section 2.1.a).

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

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

“Ordinarily Resident” mean a person who lived or has lived the majority of his life within the Territory.  In making such determination, temporary absences from the Territory for reasons of travel, employment, education, medical treatment, military service or incarceration, shall be considered periods of residence provided the person was Ordinarily Resident prior to and following such temporary absences.

“Schedule B” means the list of names attached.  These names are taken from the Algonquin petitions, speeches and Council proceedings that relate to or refer to Algonquin Territory lying in Ontario.  Any person whose name appears on the Schedule B attached, and for interpretation purposes any person who, on July 15, 1897 was a direct descendant of a person whose name appears in Schedule B, shall be deemed to be 100% Algonquin or Nipissing by blood.

Appendix “I” means the list of “communities” attached and located in various locations through out the agreed to land claim territory (governments and Pikwakanagan)

1.                              Eligibility Criteria  

1.1                          Algonquins of Pikwakanagan

Any persons who is registered pursuant to the Indian Act RSC, c. 1-5, as a member of the Algonquins of Pikwakanagan First Nation is hereby eligible to be registered as a beneficiary.

1.2                          Non–Registered People of Algonquin / Nipissing Descent

A person shall be eligible to be registered as a beneficiary if that person applies and is a Canadian Citizen who can prove (ancestry) from a person named on SCHEDULE “B” and;

a)      is 1/8 or more Algonquin or Nipissing by blood quantum or any combination of Algonquin and Nipissing descent which equals 1/8th or more Algonquin / Nipissing by blood; and

b)     is associated with an Algonquin “community” described in Appendix “I”.

Note:    A person shall be deemed to be associated with a “community” if that person ordinarily resides in the “community” (and/or maintains close ties with the “community”) ( all of which must be demonstrated).

1.3              Others by Algonquin Government Acceptance

A person shall be eligible to be registered as a beneficiary if that person applies and is accepted by the Algonquins of Pikwakanagan Government and must demonstrate that they are;

a)      of Algonquin descent (or of descent from other First Nations, that are recognized by Canada pursuant to the Indian Act RSC) and is married to a person registered pursuant to 1.1 or 1.2 above. (and can provide a valid marriage certificate) or

b)     of Algonquin descent (or of descent from other First Nations, recognized by Canada pursuant to the Indian Act RSC) and was adopted as a minor,

Note:          A clause creating eligibility for minors adopted by “Algonquin 

Custom” may/will be added to this criteria after the Algonquin Government has carried out anthropological research on this subject and consulted the Algonquins of Pikwakanagan membership.

      1.4       Other Comprehensive Land Claim Agreements

a)      Notwithstanding 1.1, and 1. 2, and 1.3.  no person who is registered pursuant to another comprehensive land claim agreement beneficiary criteria in Canada may be registered pursuant to this criteria, and any person registered pursuant to this criteria shall cease to be so registered if that person becomes registered pursuant to another such criteria; and

b)      Notwithstanding 1.4.a) above, a person who would be eligible to be registered pursuant to this criteria, but for the fact that that person is registered pursuant to another comprehensive land claim agreement in Canada, shall be eligible to be registered pursuant to this agreement if that person ceases to be registered pursuant to the other comprehensive land claim agreement and elects to be registered pursuant to this criteria.

1.5              Members of Other First Nation Members

a)      Notwithstanding 1.1, and 1. 2, and 1.3; no person who is registered as a member of another First Nation in Canada pursuant to the Indian Act RSC may be registered pursuant to this criteria; and any person registered pursuant to this criteria shall cease to be so registered if that person becomes registered as a member of another First Nation in Canada pursuant to the Indian Act RSC; and

b)      Notwithstanding 1.5.a) above, a person who would be eligible to be registered pursuant to this criteria, but for the fact that that person is registered as a member of another First Nation in Canada pursuant to the Indian Act RSC, shall be eligible to be registered pursuant to this criteria if that person ceases to be registered as a member of another First Nation in Canada pursuant to the Indian Act RSC and elects to be registered pursuant to this criteria.

1.5.1        Eligibility is Personal

Eligibility to be a beneficiary is personal to each individual; this cannot be transferred to or assigned by the individual to another person.

1.5.2        Application

All persons who wish to register, must apply in writing and are themselves personally responsible for providing all supporting documentation.

2.        Registration 

2.1       Registrar and Registration Secretariat

A Registrar and Registration Secretariat shall be established, composed of:

(a)    A Registrar appointed by the Algonquins of Pikwakanagan whose name appears on the Official Membership List of the Algonquins of Pikwakanagan, ( or, who has been contracted to carry out the functions of registration) and;

c)      Four Associate Registrars together with Administrative Support Staff selected by the Registrar whose names appear on the Official Membership List of the Algonquins of Pikwakanagan, (or, who has been contracted to assist in the verification and registration of applicants) and;

d)      During the initial registration period only, one person appointed by the Minister of Indian Affairs and Northern Development and one appointed by the Minister of Aboriginal Affairs may participate for monitoring purposes.

 

2.2              Registration Functions

a)      The Registrar shall establish a Beneficiary Eligibility Register, and maintain therein a record of all registered persons; and

b)   The Registrar shall register any person who applies and who provides proof of eligibility pursuant to 1.1 or 1.2, or 1.3 and 1.4 b) or 1.5 b); and

c)   The Registrar shall register any adult person who is not a minor for whom the Registrar receives an application for registration by that person’s parent or guardian, which demonstrates eligibility pursuant to 1.1 and 1.2 and 1.3 or 1.4 b) or 1.5 b); and

d)  The Registrar shall remove from the Beneficiary Eligibility Register the name of any person who is not a minor and who notifies the Registrar in writing that their name is to be removed from the Register; and any person, adult or minor, whose legal parent or guardian notified the Registrar in writing that the name is to be removed from the Register; and

e)   The Registrar shall distribute application forms for registration and information pertaining to registration and its processes approved by the Algonquins of Pikwakanagan Government; which forms shall provide that an applicant must provide original documentation or documentation, certified to be a true copy of the original document by an officially recognized issuing authority including Government Agencies, Churches and Canadian and Provincial Courts; and

f)   The Registrar shall receive and acknowledge all applications; and

g)  The Registrar shall request additional information as he deems necessary to make a fair decision; and

h)  The Registrar shall identify the Algonquin Community with which the applicant is associated, and

i)   The Registrar shall identify whether the applicant is applying to be registered pursuant to 1.1 or 1.2 or 1.3 and 1.4 b) and 1.5 b).

j)   The Registrar shall determine with input from a recognized genealogist procedures and rules for verifying evidence which shall be in accordance with the principles of natural justice; and

k)  The Registrar shall immediately notify the Algonquins of Pikwakanagan Government if he determines that he is being inappropriately coerced to either register or not register an applicant; and

l)   The Registrar shall prepare and provide an official letter to each applicant whose name has not been entered in the Enrollment Register stating the reasons for the decision to refuse registration and of that applicant’s right to re-apply for registration; the application and original documentation will be returned to the applicant at that time; and

m)  The Registrar shall prepare and provide an official letter to each successful applicant stating that they are registered and will therefore be eligible to participate in the benefits if and only when benefits are secured in a treaty that may be the result of the Algonquins of Pikwakanagan Land Claim negotiations with Governments of Canada and Ontario; and

n)  The Registrar shall after making his final decision, prepare a certified copy of the original application and a certified copy of all documentation submitted for record purposes after which the originals will be returned to the applicant; and

o)  The Registrar shall maintain a record of those persons whose application for registration were rejected; and

p)  The Registrar shall publish the Beneficiary Eligibility Register at least once a year; and

q)  The Registrar shall make the names and contact information of all registered applications available to the Algonquins of Pikwakanagan Government on a regular basis which shall be used for consultation purposes only; and

r)  The Registrar shall prepare an annual budget for the operation of the Registration Secretariat and present it for review and approval to the Government of Canada and the Government of Ontario;

3.         Appeal

3.1       There shall be no right or process to appeal the Registrar’s decision. 

4.         Costs

4.1       The Governments of Canada and Ontario shall pay the reasonable and necessary costs incurred by the Registrar and the Registration Secretariat during the initial registration period.

4.2       After the initial registration period, the Algonquins of Pikwakanagan Government shall bear the costs of the Registrar and the Registration Secretariat

5.         Other Provisions

5.1              It should not be construed that the Algonquins of Pikwakanagan Government is obligated to consult with all persons eligible to be registered.

5.2       All applicants registered pursuant to this criteria shall have equal rights as beneficiaries once benefits are actually secured in a final land claim agreement with the governments of Canada and Ontario

5.3       Benefits provided under the resulting land claim settlement agreement, unless otherwise specified, shall be held by the beneficiaries collectively. No individual beneficiary has a right to land, money or other benefits unless specifically provided for in the final land claim agreement.

6.            Beneficiary Designation

6.1.1        For greater certainty, all successful applicants on the Beneficiary Eligibility Register shall automatically be designated as beneficiaries immediately after the date settlement legislation is declared into law.

6.1.2        The Algonquins of Pikwakanagan Government may continue registration beyond the date of settlement legislation.

 

Turtle Island

Page created by: muckwa
Changes last made on: April 14, 2004.