BACKGROUNDER ALGONQUINS OF BARRIERE LAKE 1991 TRILATERAL & 1998 BILATERAL AGREEMENTS & MOMI (1997)

Transcription

1 BACKGROUNDER ALGONQUINS OF BARRIERE LAKE 1991 TRILATERAL & 1998 BILATERAL AGREEMENTS & MOMI (1997) The Algonquins of Barriere Lake (also known by their Algonquin name, Mitchikanibikok Inik ) is a First Nation community of approximately 500 people, situated in the province of Quebec, 3 hours drive north of Ottawa, Canada. The socioeconomic conditions of the community are extremely poor: They have been marginalized onto a tiny 59-acre reserve at Rapid Lake, which is overcrowded, dusty and badly eroding. Unemployment rates are in the range of 80-90%. There is a housing crisis in the community on the average, there are 7 persons per home, but the actual numbers go as high as per house. Education levels are low and the incidence of diabetes is high. On the positive side, the community has managed to maintain its language, customs and traditional way of life. In 2010, over the objections of a vast majority of the community, the community was forced into the section 74 Indian Act Elective system by the federal government. The current Chief and Council are planning to establish a community process to return to their Algonquin customary system of governance. FUTURE VISION The Algonquins of Barriere Lake see a bright future based on a vision that incorporates four fundamental orientations: Strength through the retention and enhancement of our culture, language and traditional way of life, augmented by improved training and education geared to needs; Self-Government through adherence to our customary system of governance and continued respect for our customs adapted to meet contemporary circumstances; BARRIERE LAKE INDIAN GOVERNMENT! GOUVERNEMENT AUTOCHTONE DU LAC BARRIÈRE

2 Community development which includes positive social development, economic self- sufficiency and modern infrastructure; and A decisive voice in resource management decisions within our traditional territory, guided by the principles of sustainable development and equitable sharing of resources TRILATERAL AGREEMENT In August 1991, the Governments of Canada and Quebec entered into an agreement with the Algonquins of Barriere Lake to develop and implement an Integrated Resource Management Plan for forests and wildlife. The Trilateral Agreement is modeled on the notions of coexistence and comanagement. It mandates the preparation of an Integrated Resource Management Plan (IRMP) for the traditional territory of the Algonquins, based on the principles of sustainable development and protection of the traditional way of life, while at the same time allowing for versatile uses such as forestry. After an initial period of distrust and acrimony with forest companies, ways were found to reconcile First Nation and industry interests under the Trilateral Agreement. An interim process was implemented, in accordance with the agreement, to harmonize forestry operations with Algonquin traditional activities. Under this process, companies would develop their cutting plans in draft and submit them to the Quebec Ministry of Natural Resources who in turn would submit them to the Algonquins, for review and approval, based on importance to their traditional economy. Often, measures to harmonize negotiations became quite protracted but in the end, usually resulted in a compromise. Once an agreement was reached between the Algonquins and the Quebec government the Ministry of Natural Resources would only then issue the requisite cutting permits. As a basis for the development of the Integrated Resource Management Plan (IRMP), a program of research and data collection was undertaken to document the state of the resource base the nature and extent of uses, by both Algonquin and non-algonquin users. This was mounted on a Geographic Information System. Innovative research was undertaken to collect traditional ecological knowledge and integrate it with scientific knowledge into forest management practices. Companies played a key role in this research: joint research was undertaken to calculate and distribute the annual allowable cut (AAC) of companies in a way that minimized and spread out the impact of forestry operations across Algonquin families who were harvesting wildlife in various traditional management units. A draft IRMP covering the Trilateral Agreement Territory was substantially completed in 2006 and the Special Representatives of Quebec and the Algonquins in 2006 adopted 7 Joint Recommendations to implement the IRMP, but the Quebec government stalled on

3 adopting the Ciaccia-Lincoln Joint Recommendations in 2006 and only returned to negotiations in Agreement In May 1998, the Government of Quebec entered into an Agreement with the Algonquins of Barriere Lake regarding an approach and process for completing the work under the 1991 Trilateral Agreement. The 1998 Agreement also commits Quebec to negotiating with the Algonquins of Barriere Lake a number of matters, specifically: The identification of an area of land for the exclusive use of the Algonquins of Barriere Lake; Participation in economic spin-offs according to models to be defined (for instance partnerships, economic benefits, resources revenue sharing, access to resource, etc.); Participation in management and sustainable development of resources; Electrification of the community; Economic development of the community including potentially hydro-electric projects. The Ciaccia-Lincoln Joint Recommendations The seven joint recommendations were submitted to the Government of Quebec over 10 years ago, and they are based upon two agreements: the 1991 Trilateral Agreement, which was signed 25 years ago between Canada, Quebec and the Algonquins of Barriere Lake, and the 1998 Bilateral Agreement, which was signed between Quebec and the Algonquins of Barriere Lake signed 18 years ago. Meanwhile, resource extraction has continued on the Territory of the Algonquins of Barriere Lake netting approximately $100 million annually, without any benefits going to the Barriere Lake community. In summary, the Ciaccia-Lincoln Joint Recommendations are as follows: 1. Recognition of the trilateral agreement territory: We recommend that the trilateral agreement territory described in Annex 1 and Annex 2, 1991, be recognised as special zones within which resource development plans and operations are subject to the Integrated Resource Management Plan approved by both parties. We recommend that these special zones be identified as such in the Land Use Plans and be given appropriate visibility on official land use maps of Québec.

4 2. Integrated Resource Management Plan 2.1 Forestry: The parties have produced seven management plans, one for each Traditional Management Area in the trilateral agreement territory, Annex 2. These plans identify the areas of concern for the Algonquins of Barrière Lake and the level of protection that will be given to these areas of concern. We recommend that these forestry management plans be approved as frameworks for the ongoing management of forestry resources in the Annex 2 territory and that a process be undertaken to consider the extension of these forest plans principles to the Annex 1 territory. 2.2 Wildlife: The parties have examined five wildlife management plans, one for each of the following species: moose, bear, fur-bearing animals, small game and fish. A joint document has been produced which summarizes the extent of the consensus on wildlife issues and this document will serve as a guideline for our recommendations. 2.3 Lands: The Lands section of the ministry of Natural Resources and Wildlife has joined the talks. The Algonquins of Barrière Lake have indicated that they do not support the proposal submitted by Lands for the development of cottages in Lands has indicated it is aware of the need to work co-operatively with ABL to reconcile its comprehensive land use plan with the IRMP. 2.4 Social indicators: We recommend that the impact of the IRMP and subsequent resource development on the society and the culture of the Algonquins of Barrière Lake be monitored. To do this, a list of indicators has been developed and we recommend that the parties use this list as a basis to begin assessing the social and economic development of the Algonquins of Barrière Lake community. We also recommend that the continuation of this assignment be entrusted to the comamagement committee to be set up when a final agreement is signed. 3. Participation in the management of renewable resources: This item is listed in article 7 of the bilateral agreement of We make two basic recommendations on this item. First, in order to provide for ongoing input by the Algonquins of Barrière Lake in the management of resources, we recommend that a joint Québec / ABL comanagement committee be instituted and mandated to oversee the implementation of the IRMP, to manage the IRMP process on an ongoing basis, to make recommendations to the parties on changes to the IRMP and to make recommendations to the parties on issues not already addressed in the IRMP. Secondly, we recommend that a local Barrière Lake natural resources office be put in place in Rapid Lake. 4. Revenue sharing and access to resources: We recommend that the economic aspect of the Algonquins of Barrière Lake's asserted interest in the trilateral agreement territory be accommodated by way of an annual financial contribution by the Government of Québec to the Algonquins of Barrière Lake. We recommend that this annual contribution be established at $1.5 Million and include the monetary value of a theoretical volume of timber. We recommend that this amount be

5 increased yearly to reflect any increase in revenue generating resource development activity on the trilateral agreement territory, Annex 2, and also on the trilateral territory, Annex 1. We further recommend that this yearly contribution be paid to a fund managed by a duly constituted corporation of ABL of Barrière Lake for the purpose of supporting and promoting the social and economic development of the Algonquins of Barrière Lake. We recommend that this yearly contribution be paid over and above other regular Québec government programs namely the Aboriginal Economic Development Fund and that measures be taken by the Government of Québec and the Algonquins of Barrière Lake to protect this fund from fiscal, own source or any other provincial or federal government policy that would reduce the value of this contribution. 5. Expansion of the Land Base of Rapid Lake: We recommend that the agreement in principle reached on 27 April 1999 between Québec, Canada and the Algonquins of Barrière Lake be confirmed and implemented. This agreement provides for the immediate transfer of 3,7 square kilometres of public land to Canada for the Algonquins of Barrière Lake and the transfer of an additional 6,3 square kilometres conditional to a housing and infrastructure development plan by Canada. These lands must be contiguous to the Rapid Lake reserve, include the access road and be situated east of highway Electrification of Rapid Lake: We recommend that the village of Rapid Lake be hooked up to the Hydro-Québec grid by way of a 34,5 kv line from Grand Remous to Rapid Lake, operated at 25 kv for the foreseeable future. We recommend that the cost of bringing this electricity to Rapid Lake be born entirely by Hydro-Québec, as has been the practice to provide electricity to Quebec residents in their communities. This would appear to be especially appropriate in this situation since the original reserve site was flooded to build a network of hydro-electric reservoirs and that the present reserve lies on the shore of one of these reservoirs. 7. Without prejudice: All of the above provisions will be detailed in a legally binding agreement between the Government of Quebec and the ABL to be prepared on the acceptance of the present recommendations. The agreement shall provide that nothing in the present agreement shall be a recognition or denial of aboriginal right to the territory. CURRENT STATUS OF 1991 AND 1998 AGREEMENTS Quebec: In 2006, the government of Quebec accepted six of the seven Joint Recommendations made by the parties Special Representatives outlined above, but suspended negotiations with the Algonquins of Barriere Lake in 2006, mainly over Quebec s refusal to negotiate resource revenue sharing. In 2015, Quebec returned to the negotiating table with the Algonquins of Barriere Lake to conclude an implementation agreement on all seven of the 2006 Joint Recommendations of the Quebec & Barriere Lake Special Representatives, former

6 Quebec Ministers John Ciaccia (for Quebec) and Clifford Lincoln (for Algonquins of Barriere Lake). In July 2016, the Algonquins of Barriere Lake presented the Quebec government with a draft Implementation agreement and have made some progress but several outstanding issues remain to be negotiated with Quebec in a final negotiation session expected soon. There may or may not be an agreement finalized between the Algonquins of Barriere Lake and Quebec. Canada: The government of Canada had breached the 1991 Trilateral Agreement in 2001, when it walked away from the Trilateral Agreement process leaving the government of Quebec to cover the costs of the process. Although Canada must be involved in the discussions with the Algonquns of Barriere Lake and Quebec on the expansion of the Rapid Lake land base and electrification of the Rapid Lake site Memorandum of Mutual Intent (MOMI) The Department of Indian Affairs has endorsed this vision through a Memorandum of Mutual Intent (MOMI) that was signed by Chief Wawatie and Scott Serson on October 21, The MOMI commits the Department and the Customary Council to work together, in a partnership, toward the realization of the community s vision. Parties (ABL/INAC) agree to work together in partnership within their respective spheres of jurisdiction towards realization of Community s Vision for the Future as expressed in the attached document entitled Global Proposal for Rebuilding the Community. The MOMI set up a Steering Committee Co-Chaired by ABL Chief & INAC RDG Quebec Region with 2 members each, reporting regularly to the Parties and quarterly the first year. INAC agreed to fund the Steering Committee based on a budget identified by the Steering Committee. INAC agreed to with ABL Council in realizing its vision and fulfilling its priority needs by making the best use of current programs, authorities and resources, over a reasonable time-frame. ABL Council agreed to undertake tangible measures to strengthen its governance capacity in respect of the administration of programs & services and to ensure sound financial and program management accountability to all its members. INAC agreed to cooperate with ABL towards these ends. ABL shall search for partnership opportunities with other parties within the public or private sector and [INAC] shall promote those opportunities with other partners in order to facilitate such initiatives whenever possible. The MOMI is based on good will and shall not be interpreted as a formal approval of all initiatives identified in the Global Proposal, as those need further discussion and development. Its purpose is not to create legally enforceable rights or obligations. The MOMI was without prejudice and does not abrogate or derogate from ABL s Aboriginal and Treaty rights.

7 The community subsists on a "mixed economy'' based on traditional activities and government transfers. However, many opportunities exist in the resources and tourism sector, due to the particular position of the Algonquins and the resource richness of their location. The Algonquins of Barriere Lake possess Aboriginal title which has never been surrendered pursuant to treaty. Rather than advance a land claim, the Algonquins signed the Trilateral Agreement in 1991 with the federal and Quebec governments which encompasses their traditional territory. This should lead to a stronger role for the Algonquins in the management of their traditional territory and facilitate equitable access to resources which would enable them to realize economic opportunities. In order to reach their vision, the Algonquins require a comprehensive support and development package from the federal government. What follows is a brief description of the elements of this package together with estimates. It is important to underline that these are only estimates which require detailed costings by experts in the field. Housing & Infrastructure Housing (10 New Houses/Year at $650,000) $3,250,000 Housing Renovations (60 Houses over 2 yrs. At $20,000) $1,200,000 Roads (access road & streets to be paved) $350,000 Water, Sewage & Fire Protection (over 2 yrs.) $3,500,000 Multi-Functional Community Centre/Administration Building The Algonquins need a community centre they can be proud of, where community activities such as general assemblies, social events & feasts, can take place. The First Nation also needs a modern administration building which is equipped to meet contemporary and increasing communications and business needs. The building could also serve as office space for policing, child welfare and social services. Multi-functional Building $1,7000,000 Education Facilities The children of Barriere Lake have gone without for too long. In order to foster education within the community, the children need to be provided with a positive, healthy, up-to-date learning environment. The children of Barriere Lake are also entitled to be educated at home near their parents. Construction of a new Combined Elementary and Secondary School with Gymnasium, a library and Recreational Facilities. $3,500,000 Construction of a remote learning centre located on their traditional territory away from Rapid Lake Reserve to serve as a centre for traditional teachings $ 237,000

8 Community, Social & Educational Development Studies indicate serious age-grade deficits amongst school-age children, which must be addressed through major remedial programs (for over 5 years) $1,355,000 Specialized curriculum development incorporating traditional knowledge using existing research materials developed under the Trilateral process $100,000 Community, Social & Educational Development Education and literacy levels in adults reflect the shortcomings in the provision of education programs and services in the past. Adult education and training programs will be required to redress these problems ($166,000/year for 3 years) $498,000 A healing process will need to be undertaken, which has as its objective the taking back responsibility for child welfare and community justice. This will require an emphasis on training community members in relevant skills (over 2 years) $627,400 Governance & Administrative Development Traditional government structures continue to predominate within Barriere Lake governance and serve as a foundation for emerging structures which are adapted to contemporary circumstances. Seen positively, the events of the past 18 months initiated a process which required the Algonquins to codify their customs and to give thought to changes which were needed to update their system. Governance & Administrative Development The work to codify and update the customs is complete, however resources will be required during a period to two years to establish an administrative system and to train personnel in management and administration. Joint-Administrator/Trainer and management training (for 2 years) $220,000 Restoration and Consultation Costs The events of the past 18 months have created setbacks, both for individuals and for the community generally. A major disruption to the community economy occurred with the loss of federal transfers for this period. This was most acutely felt in the loss of wage income in the amount of approximately $1,500,000. Added to this are consultation costs which were incurred by the Algonquins in the amount of approximately $600,000, as well as claims for loss of wages by teachers in the amount of $260,000. Restoration and Consultation Costs $2,360,000 Global Proposal Needs, Priorities Expanded Land Base & Electrification The 59 acre Reserve at Rapid Lake is not adequate to meet the existing or future needs of Algonquin residential and community development. The Algonquins are not looking for an addition to Reserve, they forsee an expansion to their land base through negotiations under the Trilateral Agreement.

9 Expanded Land-Base & Electrification Further capital development at the Rapid Lake Reserve site is limited by constraints related to electrification. Options will have to be considered to expand electrical capacity, including development of a mini-hydro dam, connection to the hydro grid, as well as alternative sources of energy. However, maintenance of the diesel generation system will be required until a suitable replacement is decided upon and developed. Total Estimated Costs $20,497,400 What was contemplated for the implementation of this proposal was as follows: (1) Acceptance-in-principle by the federal government; (2) Identification of estimated resources to carry out the proposal; (3) Evaluation of the existing site at Rapid Lake Reserve by a town/municipal planner; (4) Development of detailed costs and plans for all elements by experts; and (5) Construction and Development. The Schedule Contemplated for the completion of this 1997 proposal was 5 years. However, the MOMI process ended in June of 2001, when the then Indian Affairs Minister Robert Nault, unilaterally withdrew from the MOMI process under the federal Liberal government of Prime Minister Jean Chretien. The Algonquins of Barriere Lake are demanding the Trudeau government fulfill the elements of the 1997 MOMI Global Proposal to Rebuild the Community, particularly after 15 years of federal meddling into the community s political affairs and federal neglect causing a severe deterioration of the social and economic conditions of the Algonquins of Barriere Lake.