TURTLE ISLAND

ALGONQUIN NATION STANDARDIZED IDENTIFICATION CRITERIA

APRIL 2002

 

 1.0                    GENERAL PROVISIONS

 1.1          The Algonquin Nation Standardized Identification Criteria Register shall be used only to determine entitlement to participation in the process of negotiations of the Algonquin Nation Land Claim

 1.2                    Identification does not by itself constitute, nor should it be construed as entitlement to registration as an Indian pursuant to the Indian Act of Canada nor does it by itself entitle a person to membership in the Algonquins of Pikwŕkanagŕn (Golden Lake).  Identification should also not be construed as entitlement or non-entitlement to be a beneficiary of any final land claim agreement.

 2.0                    DEFINITIONS

 2.1         “Algonquin” means a person of Algonquin or Nipissing descent.

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

 2.3                    Applicant” means a person who applies for identification on his own behalf

 2.4                    “Trustee/Guardian” means a person who makes application for identification on behalf of another person.

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

2.6                    “Council” means the Chief and Council of the Algonquins of Pikwŕkanagŕn First Nation (Golden Lake). 

2.7                    “Chief & Council/Committee” means an area committee of people of Algonquin descent established for purposes of consultation. 

2.8                    “Conflicting relationship” means immediate family and spouse’s immediate family (including common law) and includes a person’s wife, husband, father, mother, brother or sister, children, foster parents, grandparent, adopted brother or sister, half brother or sister. 

2.9                    “Clerk” means the clerk of the Identification Board. 

2.10                “Algonquins of Pikwŕkanagŕn (Golden Lake)”  ­for the purpose of this criteria, this means all persons, whether resident on the Pikwŕkanagŕn (Golden Lake) Indian Reserve or not, who are registered or entitled to be registered as members of the Algonquins of Pikwŕkanagŕn: 

a)           Pursuant to the Indian Act of Canada;

b)           Pursuant to any valid membership code of Pikwŕkanagŕn, or;

c)           Who would be eligible to be registered as a member of the Pikwŕkanagŕn First Nation pursuant to Section 6(2) of the Indian Act of Canada if no membership code had been in effect.

 2.11                “Indian Act” means the Act respecting Indians of Canada R.S.C, 1985 c.1-6 as amended from time to time.

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

3.0                    ENTITLEMENT 

The following persons are entitled to be identified: 

3.1          A person who is an Algonquin of Pikwŕkanagŕn as defined in 2.10 or is an Algonquin/Nipissing person registered on the Sudbury General List.

 3.2                    A person who is: 

a)            A direct descendant of at least one Algonquin or Nipissing person whose name appears on the list of names in the Schedule “A” attached. 

And, 

b)            produces evidence satisfactory to the Registrar that he is one eighth or more Algonquin or Nipissing by blood or any combination of Algonquin and Nipissing descent which equals one eighth or more Algonquin-Nipissing by blood. 

For purposes of this Criteria any person whose name appears in Schedule A, and any person who, on July 15, 1897 was a direct descendant of a person whose name appears in Schedule A, shall be deemed to be 100% Algonquin or Nipissing by blood.  (This includes all names that were accepted by the Board).

And, 

c)            Is not a registered member, pursuant to the Indian Act of Canada, of a First Nation other than the Algonquins of Pikwŕkanagŕn First Nation. 

And, 

d)            Is not a beneficiary of any other land claim settlement agreement. 

3        ADOPTION 

               For the purposes of this Criteria, the rights and descendancy of a person who was given up for adoption will not be affected. 

4        ADMINISTRATION 

5.1         There shall be a list established called the Algonquin Nation Standardized Identification Register. 

5.2                    The Algonquin Nation Standardized Identification Register shall contain the name of every person who is identified pursuant to this Criteria. 

5.3                    A Registrar, who will be appointed, shall be responsible for administering and maintaining the Algonquin Nation Standardized Identification Register. 

5.4                    A person who wishes to be identified shall make written application; or a trustee/guardian shall make written application on his behalf, to the Registrar for identification. 

5.5                    A parent or legal guardian of a minor who is eligible for identification may act as that person’s trustee/guardian and may apply for identification on behalf of the minor. 

5.6                    Any person who, by order of a court, or according to aboriginal custom in Canada or pursuant to legislation, has been vested with the authority to manage the affairs of an adult incapable of managing his own affairs may act as that person’s trustee/guardian and may apply to the Registrar to identify that adult. 

5.7                    In order to be considered for identification on the Algonquin Nation Standardized Identification Register an applicant, or a trustee/guardian on his behalf, shall provide the Registrar with documentary evidence that the applicant meets the requirements of Paragraph 3.0 of this criteria.  For those applying under section 3.1, the evidence may include proof of band membership.  For those applying under section 3.2, the evidence may include birth, baptismal, death and marriage certificates/records, census records, affidavits or other relevant documents as well as oral or videotaped evidence. 

5.8                    Within two weeks of receiving any application for identification, the registrar shall send the applicant a written acknowledgement that the application has been received. 

5.9                    Within sixty days after receiving any application for identification, the Registrar shall make a decision in respect of the application and shall: 

a)            Where the person meets the requirements of section 3.1 or 3.2, identify the person in respect of whom the application was made; or 

b)            Refuse to identify the person in respect of whom the application was made; or 

c)            Request additional information; or 

d)            Refer the application to the Identification Board for a decision. 

Where the Registrar cannot make a decision, either because no direct ancestor of the applicant appears on the list of names in the Schedule “A”, or because of lack of sufficient evidence or because of a possible conflicting relationship, the Registrar shall refer the application to the Identification Board. 

And then shall notify the applicant or his trustee/guardian in writing of his decision, providing written reasons for any decision under subparagraphs (b), (c) or (d). 

5.10                Where the Registrar is satisfied that a person meets the requirements of Paragraph 3.0, he shall add the person’s name, date of birth and address to the Algonquin Nation Identification Register. 

5.11                The Registrar shall keep a record of all applications of persons who were refused for identification. 

5.12                No sooner than ten days, and no later than thirty days after a decision of acceptance, the Registrar shall post a copy of the decision pursuant to Paragraph 5.9a) in the office of the Algonquin Nation Tribal Council and in designated areas as identified by the Algonquin Nation Tribal Council. 

6,0         APPEALS 

6.1                    The Algonquin Nation Standardized Identification Criteria Board is hereby established. 

6.2                    The purpose of the Algonquin Nation Standardized Identification Board shall be to decide on applications for identification referred to the Board by the Registrar and to hear and decide on appeals. 

6.3                    The Algonquin Nation Tribal Council shall by resolution appoint members to the Identification Board, who shall be assisted by a Clerk. 

6.4                    The Algonquin Nation Standardized Identification Board shall consist of a minimum number of members each of whom has been identified pursuant to this Criteria.  The Board should consist of one member from each recognized area with the Land claim territory.  The members of the Board shall choose one of their numbers to act as Chair of the Board. 

6.5                    The appointment of the Board’s members shall be by the Algonquin Nation Tribal Council as follows:  A minimum number of members shall be appointed for a term of three years.  A remainder minimum number of members shall be appointed for a period of two years. 

6.6                    Within ninety days of posting of any decision on an application by the Registrar, 

a)            The applicant or

b)            The applicant’s trustee/guardian or

c)            Any person who is identified on the Algonquin Nation Standardized Identification Register and is over sixteen years of age. 

May appeal that decision to the Identification Board. 

6.7                    An appeal shall be made in writing to the Identification Clerk.  The appeal shall state all the reasons for the appeal. 

6.8                    No appeal shall be considered if it is made more than ninety days after posting of the Registrar’s decision.  Posting pursuant to Paragraph 5.12 of the Registrar’s decision shall be deemed as public notification. 

6.9                    Within thirty days after receiving an appeal, the Clerk shall ask in writing the person making the appeal to provide copies of all documents he intends to use in the appeal. 

6.10                Where the person making the appeal is neither the applicant, nor his trustee/guardian.  The Clerk shall, upon receiving the appeal, notify the applicant or his trustee/guardian by sending a copy of the appeal to the applicant or his trustee/guardian and shall ask the applicant or his trustee/guardian whether he wishes to provide additional documents. 

6.11                Upon receiving the appeal record, the Clerk shall, upon consultation with Board members, identify three members of the Identification Board one of whom will be the Chair and where possible, one of whom shall be the Board member from the area of which the applicant is from, to hold a hearing on the appeal. 

6.12                The three members of the Identification Board selected to hear an appeal shall set a hearing date in consultation with the Clerk.  The hearing shall be held within a reasonable period of time of a meeting convened under this paragraph. 

6.13                The Clerk shall notify the Registrar, the applicant or his trustee/guardian and, where the appeal is made by a person other than the applicant or his trustee/guardian, the person making the appeal, in writing of the hearing date at least thirty days before the hearing date. 

6.14                Any party to an appeal may ask any other person to speak for him in the hearing. 

6.15                The person appealing a decision of the Registrar shall bear the burden on proving his case.  The person shall have to prove that his position or facts are true on the balance of probabilities. 

6.16                The Identification Board shall hear fully from all parties to the appeal and shall ensure that rules of natural justice are followed in the hearing. 

6.17                The decisions of the Identification Board in appeals and references from the Registrar under Paragraph 5.9 are final.  There shall be no appeal from a decision of the Identification Board to any other court, body or tribunal. 

6.18                Where additional documents or information become available in respect of any application, the applicant or his trustee/guardian may make another application, which shall be treated as a new application and not as a matter which has already been decided on appeal. 

6.19                The Identification Board shall make its own rules of procedure consistent with rules of natural justice and this criteria and shall provide a copy of those rules to the Algonquin Nation Tribal Council for approval by resolution.  The rules shall be posted in the Algonquin Nation Tribal Council Office and shall be sent by the Clerk to every person making an appeal to the Identification Board.

6.20                The Identification Board shall conduct its hearings in accordance with the terms and spirit of Sections 1,2,7,8,9.10,11,12,13,14 and 28 of Canada’s Canadian Charter of Rights and Freedoms. 

6.21                Any party to an appeal, including the Algonquin Nation Standardized Identification Board members, may request that a hearing or an appeal process be confidential.  The members of the Identification Board may declare such hearing to be a closed session or the appeal process to remain confidential in order to protect the privacy of any person (s). 

6.22                No member of Algonquin Nation Standardized Identification Board shall hear any appeal where the person making the appeal, or the person in respect of whose application the appeal is made, is in a conflicting relationship with that member.  Where there is any question as to whether a board member is in a conflicting relationship with an application or a person in respect of whom a hearing is being held, the Registrar shall make a decision on that question, and the Registrar’s decision shall be final. 

7.0         OTHER PROVISIONS 

7.1          The Algonquin Nation Tribal Council may amend this criteria and may add names and documents to Schedule “A”.

Turtle Island

Page created by: muckwa
Changes last made on: January 8, 2004.