ALGONQUIN NATION STANDARDIZED IDENTIFICATION CRITERIA
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
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.
“Algonquin” means a person of Algonquin or Nipissing descent.
“Descendant” means a descendant in either the natural mother’s
or father’s line.
“Applicant” means a person who applies for identification on
his own behalf
“Trustee/Guardian” means a person who makes application for
identification on behalf of another person.
“Minor” means a person who has not yet attained the age of eighteen years.
“Council” means the Chief and Council of the Algonquins of
Pikwŕkanagŕn First Nation (Golden Lake).
“Chief & Council/Committee”
means an area committee of people of Algonquin descent established for purposes
“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.
“Clerk” means the clerk of the Identification Board.
“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:
Pursuant to the Indian Act of Canada;
Pursuant to any valid membership code of Pikwŕkanagŕn, or;
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.
“Indian Act” means the Act respecting Indians of Canada R.S.C,
1985 c.1-6 as amended from time to time.
In this criteria, reference to the masculine includes the feminine, and
reference to the singular includes the plural.
following persons are entitled to be identified:
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.
A person who is:
A direct descendant of at least one Algonquin or Nipissing person whose
name appears on the list of names in the Schedule “A” attached.
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).
Is not a registered member, pursuant to the Indian Act of Canada, of a
First Nation other than the Algonquins of Pikwŕkanagŕn First Nation.
Is not a beneficiary of any other land claim settlement agreement.
For the purposes of this Criteria, the rights and descendancy of a person
who was given up for adoption will not be affected.
There shall be a list established called the Algonquin Nation
Standardized Identification Register.
The Algonquin Nation Standardized Identification Register shall contain
the name of every person who is identified pursuant to this Criteria.
A Registrar, who will be appointed, shall be responsible for
administering and maintaining the Algonquin Nation Standardized Identification
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.
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.
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
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.
Within two weeks of receiving any application for identification, the
registrar shall send the applicant a written acknowledgement that the
application has been received.
Within sixty days after receiving any application for identification,
the Registrar shall make a decision in respect of the application and shall:
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
Refuse to identify the person in respect of whom the application was
Request additional information; or
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.
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).
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.
The Registrar shall keep a record of all applications of persons who
were refused for identification.
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.
The Algonquin Nation Standardized Identification Criteria Board is
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.
The Algonquin Nation Tribal Council shall by resolution appoint members
to the Identification Board, who shall be assisted by a Clerk.
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.
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
Within ninety days of posting of any decision on an application by the
The applicant or
The applicant’s trustee/guardian or
Any person who is identified on the Algonquin Nation Standardized
Identification Register and is over sixteen years of age.
appeal that decision to the Identification Board.
An appeal shall be made in writing to the Identification Clerk.
The appeal shall state all the reasons for the appeal.
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
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.
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
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.
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.
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.
Any party to an appeal may ask any other person to speak for him in the
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
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.
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.
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.
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.
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.
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
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.
7.1 The Algonquin Nation Tribal Council may amend this criteria and may add names and documents to Schedule “A”.
Page created by: muckwa
Changes last made on: January 8, 2004.