Harper Administration Fails to Implement International Treaty Affidavit: Algonquin Nation and the Need for Transitional Justice

and Truth Commission in Unceded Algonquin Nation Territory Summary: The Harper administrative State in Canada failed to implement key requirements for environmental and social assessments in unceded Algonquin Nation territories as is required for a legally binding international Treaty process.. The Harper administrative State in Canada has continued with its failure to complete appropriate environmental and social impact assessments as required in accordance to “Article 8j” of the Convention on Biological Diversity within unceded Algonquin Nation territory. The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is an international legally binding treaty. The convention recognized for the first time in international law that the conservation of biological diversity is “a common concern of humankind” and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. The convention also offers decision-makers guidance based on the precautionary principle that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat. Article 8j of the Convention calls on Parties to “respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices.” The Working Group on Article 8(j) (traditional knowledge) and Related Provisions of the Convention on Biological Diversity (CBD) met in October 2013 in Montreal, Canada. The Article 8(j) Working Group addressed: a progress report on the implementation of the work programme on Article 8(j), and mechanisms to promote the effective participation of indigenous and local communities (ILCs) in CBD work; a draft action plan for customary sustainable use; proposed bestpractice guidelines facilitating enhancement of repatriation of traditional knowledge; a study on how tasks 7, 10 and 12 of the Article 8(j) work programme (benefit-sharing from, and unlawful appropriation of, traditional knowledge) contribute to the work under the CBD and the Nagoya Protocol; sui generis systems for the protection, preservation and promotion of traditional knowledge; and recommendations from the UN Permanent Forum on Indigenous Issues (UNPFII). The Working Group also featured an in-depth dialogue on connecting traditional knowledge systems and science, such as the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES), including gender dimensions. The 8th meeting of Article 8(j) concluded Friday, 11 October 2013, within unceded Algonquin Nation territory, the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, recommends that work that will build knowledge networks, support capacity-development and integrate the traditional knowledge and customary practices of indigenous and local communities into the science base of the work of the Convention on Biological Diversity. Article 10 of the Convention, Sustainable Use of Components of Biological Diversity, states: Each Contracting Party shall, as far as possible and as appropriate: (a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making; (b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity; (c) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements; (d) Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced; and (e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources. 1 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty There was no appropriate Algonquin Nation representation. The Algonquin Nation territory is unceded. The Harper administrative State has been relying on various piecemeal domestic policy and court initiatives within unceded Algonquin Nation territory to avoid meeting international obligations associated with a legally binding international Treaty. Failure to implement required environmental and social assessments as required as part of international legally binding Treaty in unceded Algonquin Nation territory continues dependence on colonial policies and manifestations of continuing colonial social injustices within unceded Algonquin Nation territory. An appropriate environmental and social assessment process as required by the Convention on Biological Diversity (CBD), that properly implements Community Protocols for Environmental Sustainability would have helped identify and eliminate many such injustices that are still occurring within unceded Algonquin Nation territory. Continuing colonial policy and manifestations of colonial social injustices in unceded Algonquin Nation territory has contributed to gross human rights violations. The United Nations Declaration on the Rights of Indigenous Peoples states: Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Attempts by the Harper administrative State to claim fiscal responsibility without providing first the resources necessary to the Algonquin Nation and other Indigenous Peoples of Canada in order to meet the legally binding requirements of the Convention on Biological Diversity is irresponsible. He has failed to act in good faith and the courts have failed to integrate a responsible application of international obligations within unceded Algonquin Nation territory. Alternative justice processes must be established. In relation to transitional justice mechanisms: States should work in partnership with indigenous peoples, particularly indigenous women, to determine the most effective strategies for overcoming barriers to access to justice. This includes helping to revitalize traditional justice norms and institutions.   Training and sensitization for law enforcement officials, judicial officials and other state agencies on the rights of indigenous peoples is recommended. Ensure that the criminal justice system does not become a self-promoting industry benefiting from the overrepresentation of indigenous peoples.

Individuals wanting to preserve customary governance and rights within the traditional territory have experienced tremendous opposition. They deserve appropriate recognition and support. The Algonquin Nation situation requires a multi-faceted, interdisciplinary international intervention.

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Harper Administration Fails to Implement International Treaty I am a natural citizen/ally of the Algonquin Nation, Kichi Sibi Anishnabe. The Algonquin Nation is an Indigenous Peoples of Canada. The Algonquin Nation is part of the Anishnabe Indigenous Peoples of Turtle Island. The Algonquin Nation is not divided. There is one Algonquin Nation made up of various communities. The provinces do not divide the Algonquin Nation. The Ottawa River does not divide the Algonquin Nation. The Indigenous Peoples of Canada are those Original Nations and other polities that existed prior to our history of colonialism, colonization, and imperialism. Colonization, colonialism and imperialism imposed policies that equate such injustices that they equate crimes against humanity. The Algonquin Nation, part of the Anishnabe cultural complex, an Indigenous Peoples of Canada, have a well recorded and verifiable record of organized social structure and customary governance hundreds, if not thousands of years old. We hold a documented history of exercising customary governance in relationship with our many allies and relations, often in activities associated with matters of international law. Customary international laws are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the influential primary sources of international law. On 14 December 1960, a "Declaration on the Granting of Independence to Colonial Countries and Peoples" was adopted by the General Assembly. By this, among other things, the Assembly solemnly proclaimed "the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations." During its fifteenth session, it was also that affirmed that the resolution also provided for the granting of independence to colonial countries and peoples and passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence that the peoples of the world ardently “desire the end of colonialism in all its manifestations.” The United Nations Fourth Committee of the UN General Assembly, often referred to as the Special Political and Decolonization Committee, is one of six committees of the United Nations. The areas of concern it deals with include decolonization , human rights, peacekeeping, public information, atomic radiation and the University for Peace. The colonial system, and related colonial administrations, in all its forms, often grossly interferes with the rights of people to enjoy fairness, freedom, and healthy environments. These rights apply to both the Indigenous Peoples, and to all other people that inhabit the territory. As the Charter of the United Nations states:  “The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.” “All peoples have the right of self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

We understand colonialism is a practice of domination, which involves the subjugation of one people to another. It is a system that establishes and exploits unequal relationships between the colonial power and the colony and between the colonists and the indigenous population. It is a systematic and systemic violation of human rights. It is therefore not considered legitimate. As such, the systems that promoted it and continue to maintain ongoing characteristics are considered to lack full authority or jurisdiction. The crimes, injustices, and political interferences attributed to colonialism must be reconciled if we are to remain committed to human rights, social justice and the Rule of Law. If there has been a failure to reconcile the various layers of collective irregularities associated with colonialism, especially as they relate to the Indigenous Peoples affected, then there still remains a structural deficit in the administration and governance system, even here in Canada.

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Harper Administration Fails to Implement International Treaty Agreement to Algonquin Nation Treaty Process As affirmed in the Algonquins of Ontario land claim process the “Algonquin Nation has owned, used and occupied the Algonquin Territory long before the first European contact with archeological evidence showing Algonquins occupying the Ottawa Valley for at least the last 10,000 years. That occupation—historically recognized by the Crown—gives rise both in common law and Algonquin law to ownership in the form of Aboriginal title, as well as particular Aboriginal rights. It also gives human rights by international law.” (http://renaud.ca/public/Aboriginal/Kichesipirini/FIRSTSTEPS%20TOGETHER%20ON%20THE%20GOOD%20PATH. pdf) It is because of this legal requirement to correct the injustices and human rights violations exploited by colonialism that the current administrative State in Canada only exercises conditional sovereignty. The administrative State, attached to a corporate sole entity is largely derived from our colonial history and has yet to properly reconcile its larger obligations regarding its relationship with the original peoples, as being the original jurisdictions of the land. This must be done in a purposive and substantive way. It is our understanding that currently, a corporate sole entity known as the Crown asserts underlying title land and jurisdiction in Canada. These assertions are derived from our colonial history. Aboriginal Title to land creates a burden against this colonial entity. There is an obligation to reconcile these assertions. This reconciliation offers opportunity for continuing Canadian nation-building. Genuine reconciliation must happen in ways that meet the requirements of contemporary and customary law beyond the State administration. This includes the customary Law of Nations and how that can continue to protect the original foundations protecting genuine natural persons. The proper reconciliation of the rights of Indigenous Peoples regarding assertions associated with the colonial entity hold important collective human rights opportunity for all Canadians and areas of the world still impacted by underlying colonial assertions. All peoples must have effective political representation. A corporate sole asserting underlying title associated with claims of conquest or sovereignty derived from territorial aggrandizement associated with colonialism is not an appropriate political representative sovereign. The Algonquin Nation, the Kichi Sibi Anishnabe, are part of a large and very sophisticated social, political, economic and international governance and trade system that existed for thousands of years prior to the illegal interferences of colonialism. Organized as distinct peoples with well-defined territories, laws, social values, traditions, economies, land title and tenure systems, and concepts of sovereignty the Anishnabe Indigenous Peoples should be recognized to form part of the customary Law of Nations. The significance of the Algonquin Nation Treaty process should be recognized as beyond the confines of domestic policy and to be of international human rights and public law character. Some international customary laws have been codified through treaties and domestic laws, while others are recognized still as un-codified customary law. We hold unceded customary underlying national Algonquin Nation Title to our land in our traditional territory. The Algonquin Nation has not signed any Treaty that would extinguish our customary laws or rights. We consider this unceded Jurisdiction to be of international character and interest. The existing aboriginal and treaty rights of the aboriginal peoples of Canada are recognized and affirmed as law in the Canadian Constitution Act of 1982. Although the Algonquin Nation of Canada has never signed a Treaty or any agreement that would be interpreted as having extinguished or relinquished Aboriginal Title or Jurisdiction we have had two provinces imposed in our traditional territory, two different legal and administrative systems imposed, and two official languages recognized while our own language is at risk of extinction. The exercise of our existing rights has been further complicated by the imposition of various municipalities and other layers of administration. The original organic nation that emerged from this land of the Algonquin Nation has also been further divided and complicated through the discriminatory imposition of the Indian Act and the Indian Act reserve system. This has profoundly affected Algonquin Nation social well-being and governance. Because of the complexity the proper reconciliation of the colonial history and manifestations of colonialism in the Algonquin Nation situation will require investigation from a variety of independent and competent experts from numerous human rights, international law, Algonquin Nation and Anishnabe history and customary law disciplines.

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Harper Administration Fails to Implement International Treaty The Algonquin Nation as Part of an Interconnected Network of Caring Support Systems The Algonquin Nation of Canada, an Indigenous Peoples of Canada, have experienced a long and complex colonial history and experience. Canadian domestic policy fails to adequately address the many social and economic consequences of colonialism that affected the Algonquin Nation. The Algonquin Nation did not exist in isolation but was instead part of a vast and vibrant network of allied and related Indigenous Peoples across the continent with their own languages, ideologies, worldviews and concepts of law and purpose. The negative impacts of colonization and colonialism not only affected the specific communities but also the entire network, separating families and communities from ancient systems of support and caring. These negative impacts affected different communities and different areas differently. It has been a multi-faceted harmful experience. The United Nations Declaration on the Rights of Indigenous Peoples, (UNDRIP), states that “ indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,…’ Here in Canada there is often an overemphasis on economic development and natural environmental conditions without balanced attention given to the social and political circumstances and consequences. Aboriginal policy development and relationships in Canada are designed by the current administrative State to ignore genuine customary identities, roles, laws, obligations and histories. As such they maintain adherence to institutions and policies that still further in many instances old colonial interests. These institutional deficits have negative impacts on the human rights of all Canadians, and the collective human rights of the aspiring Canadian nation wishing to exercise full sovereignty. Article 2 of the United Nations Declaration on the rights of Indigenous Peoples states:  “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.”

The UNDRIP also states:     Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child. Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

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Harper Administration Fails to Implement International Treaty Grandmothers and Grassroots Community Women Unique Social Development Protectors The United Nations Declaration on the Rights of Indigenous Peoples provides a minimum standards for appropriate exercise of duties required by States. It states:  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

The United Nations Declaration on the Rights of Indigenous Peoples is recognizing “the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources.” Within unceded Algonquin Nation territory, despite centuries of separation for most of us from our original governance system and language, there exists still a strong desire for and appreciation of customary governance and traditional values. Within the customary Algonquin Nation governance system women hold distinct roles. This can be proven and verified in documented records, continuing tradition and custom, and the practical ideological basis of Algonquin Law founded on natural law and our constitutional as natural beings. Qualified Grandmothers, in particular, hold special influence in community decision-making processes. Ideally, they should hold an inter-generational memory and record of the social history and social values of the nation and the families it is composed of at the grassroots level. This valuable observation serves to provide unique insight and foundations for precautionary care for future generations. One of the many disparities and discriminations against women introduced through the policies associated with our colonial experience included the failure of the administrative State system to protect the full and equal rights of women to pass on Algonquin Nation natural citizenship and aboriginal identity equally to all their descendants, denying thousands their inalienable right to fairly participate in all relevant processes. This colonial interference has severely limited the proper recognition of the Indigenous Peoples of Canada. Thousands of people have been denied appropriate recognition of their aboriginal identity and associated rights. “Every indigenous individual has the right to a nationality.” (UNDRIP) It has not only limited us in numbers, but also in our ability to preserve much of our original ideology. The traditionally strong and inclusive family-based and gender sensitive grassroots customary governance system is often restricted because of colonial ideas of “status” and “recognition” removed from traditional social values and concepts of synergy and diversity as being positive. The original peoples, under colonialism, were externally administered in systems of apartheid. “Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.”(UNDRIP) This has negatively affected our capacity to properly identify beneficiaries and members of our nation community in accordance to Algonquin Law, human rights, customary laws and values, or fundamental common laws universal to the needs and rights of all human beings. 6 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty At least all persons of natural Algonquin descent must be properly and equally represented and consulted if the minimum requirements for certainty can be secured. After so many generations of colonial policy interference this will require independent and expert resources. “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.” (UNDRIP) To expect, or encourage through the courts, the Algonquin Nation to adhere to processes that have failed to ensure appropriate examination of fact is an abrogation and derogation of rights affecting thousands of potential beneficiaries and stakeholders. There must be the exercise of free, prior and informed consent if there is to be legitimacy and certainty. We have the right to the Truth, and that includes an examination of facts regarding family histories, cultural identities, and prior social organizations relevant to Indigenous Peoples prior to colonial assertions. Colonial policy, residential schools, missing and murdered aboriginal women, incarcerations, and removal of children, poverty, and forced relocations have negatively impacted many families. The right to the truth is linked to the principle of transparency and good governance adopted by some governments. The right to know the truth is essential for the workings of democratic systems. “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” (UNDRIP) When women were discriminated against through the imposition of domestic policy society lost important incentives to protect and respect customary governance systems, social values, and sui generis repositories of traditional economies and local-level ecological and biodiversity expertise. Women played distinct roles in economic, political, and education/socialization roles. In the traditional rural based livelihoods of Indigenous Peoples women held particular areas of expertise, especially in the areas of medicine and social services, those were often disregarded by colonial regimes. “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.”(UNDRIP) The roles of women, along with Elders, held unique positions of jurisdiction. Their distinct experiences and views on relationships, resources, and purposes of distribution were a sui generis aspect of social and environmental intellectual property. The Declaration states:   Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Particular women, and women from particular families, clans and regions held particular knowledge. Some of this may have survived in family oral histories and continued areas of interest. Many women of various customary communities and institutions have been denied their appropriate identity or roles. The proper reconciliation of the colonial experience of the Algonquin Nation, as is required by law, must integrate processes that promote our capacity to integrate all avenues of history and collective social values and freedoms for future generations. This will also require independent and competent experts from numerous disciplines.

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Harper Administration Fails to Implement International Treaty Families Have the Right to Truth Within Family-based Gender Sensitive Customary Governance System Family provides attachment to people and places. We are a gender-sensitive, family based social system attached to ecosystem defined territories. Family is considered a valuable socialization and educational agency of the Nation. The network of connected families provides genuine social security, throughout life, throughout generations, throughout the nations. United Nations Convention on the Rights of the Child states:    Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, Article 30 states “In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.

Our families have been made poor through colonial policies and economic ideas. The customary governance system of the Algonquin Nation supports a participatory process that can integrate local grassroots skills and priorities efficiently into evolving mainstream systems. This is documented in our historical record that exists beyond colonial administration and interpretation. Our full historical record shows a genuine culture that is highly responsive and socially responsible. This is an important requirement for poverty reduction. Our history shows us repeatedly reaching out to others in need. We consider preserving this inherent and inalienable right to genuine cultural heritage and customary governance as an important element of sustainable development and social development processes that can best meet the international obligations and responsibilities regarding human rights obligations recognized by the corporate Canadian administrative State at the international level. Our exercise of customary law is well recorded and many details can be easily verified from continued usage as well as documented records. The imposition of policy associated with our colonial experience has interfered with our exercise and enjoyment of our customary laws and traditional values. Any resistance to the colonial imposed policy has resulted in severe hardship. Along with poverty and exclusion has come our lack of access to our own recorded history or documented record. A Nation in order to survive must remember itself; it must know its history and values. We have been denied fair processes because we have been denied appropriate access and interpretation of our recorded history from an inclusive family –based system and we have been denied massive amounts of resources. Resistance to the imposed systems such as refusing to relocate or give up on our rights results in marginalization, extreme poverty and family break down, and then potential criminalization. The Grandmothers were important holders of family history and Truth. The imposition of the Indian Act system and its model of registration denied the women important places in preserving the actual history of the entire nation from a family perspective. Once having agreed to comply with the imposed systems communities and individuals are considered incorporated into the dominant system and having relinquished existing rights associated with customary law and direct access to international law or benefits. In Algonquin Nation culture families are social collectives in a social culture dependent on families attached to specific territories to act as spiritual and cultural stewards holding inherited responsibility for future generations. The cultural conflict between traditional views and market systems causes profound harm to many Algonquin families. This compromises the ability of the administrative State’s legal capacity to recognize or uphold Algonquin Nation Law, international law, or human rights and freedoms obligations in a proper context with Algonquin Nation culture. This has profound negative impacts on generations of families. This means that particular families and communities and aspects of traditional governance are at increasing risk of harm every generation. The UNDRIP states: “Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.”

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Harper Administration Fails to Implement International Treaty Algonquin Women and Traditional Land Tenure Systems Protects Fundamental Human Rights to Healthy Environment As citizens of the Algonquin Nation our specific and contextual customary governance system roles view rights to resources to derive from recognition of our unique system of land tenure and rights to property to meet our natural and aspirational needs and responsibilities as natural person human beings. The customary right to property in the Algonquin Nation is held communally as a direct benefit associated with our unique concepts of responsible sovereignty and equal rights held by all natural persons, secured through underlying communal title to land as being a common human right. This is not unique to the Algonquin Nation. This is part of a very common heritage held by many peoples throughout the world throughout various times in history. What is unique here is that we have still managed to preserve this unique aspect of human heritage and nationality that has been fundamental to the human family and the laws of nations prior to aggressive assertions often associated with colonialism, imperialism, or other oppressive systems. Our documented history shows a very strong and positive relationship with the French people of Quebec. We have a history of peaceful co-existence and many family connections. Within the Algonquin Nation tradition there were various forms of land tenure, use and private property regimes. Certainty regarding land use priorities, rights and patterns lessened the potential of conflicts and brought security to the people affected. Specific family or individual uses and rights to occupation were balanced by the underlying title being held in common by all of the people ensuring that everyone had an effective voice in decision making and benefit sharing. This customary governance system still held by the Algonquin Nation included a gender-sensitive recognition of unique rights and jurisdictions of women. Security regarding land tenure and private usage contributed to family security and the right to be assured of adequate housing, meaning more than just the structure, guaranteed social security within the nation as an aspect of nationhood and a nation’s responsibility to protect all its members. This is consistent with the Law of Nations. Our customary laws respecting women provided foundations for generational responsibility. This meant that our customary laws cared about the well-being of future generations and exercised precautionary governance that focused on sustainable stewardship and fairness, and expected this to be a defining character of good governance and sovereignty. The health and well-being of women directly affects the health and well-being of all subsequent generations, which profoundly affects all aspects of politics and society. When health is negatively affected then economics and social resilience is negatively affected in societies organized around the Rule of Law. The health and well-being of women is directly related to the health of the natural environment. The Algonquin Law and its gender sensitive perspective preserves for us a long-term common sense social and governance system that is realistic and reasonable regarding our corporeal realities of life. It maintains our position as members of inter-related and inter-dependent life systems unique to specific geographical areas. This holistic worldview is consistent with emerging international and global initiatives empowering grassroots communities. The United Nations Declaration on the Rights of Indigenous Peoples is therefore consistent with customary interpretations of universal law, or common to all, human rights when recognizing “that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper manageme nt of the environment.” This does not simply refer to how we accounted for the material natural resources but how we also distributed the benefits as a society based on principles of mutual concern. “Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.”(UNDRIP)

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Harper Administration Fails to Implement International Treaty The Existing Collective Rights of Indigenous Peoples Offers Genuine Nationhood Collective Rights For Canadians All persons of Algonquin ancestry hold a part of the history of the nation and a family-based element of the entire social and legal history of Canada. All persons of natural Algonquin descent should be equally included in decision making processes regarding Algonquin Nation territory, jurisdiction, and resources, and with access to information and appropriate public verification. All potential additional beneficiaries in accordance to Algonquin Nation Law should also be identified and recognized for consultation and participation. The UNDRIP States:     Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

This failure to protect these customary laws and social principles has negatively impacted all subsequent processes, and continues to corrupt ongoing consultations, the lasting security of all reconciliations, negotiations, trade and positive peace processes. The imposed system breached the principles of self-determination, and the capacity of a Nation to remember itself, as is required in international Law of Nations. The recognized and affirmed rights of the aboriginal peoples of Canada provide and protect unique collective rights for all Canadians. The unique position regarding sui generis collective rights held by the aboriginal peoples of Canada, in particular with a full and inclusive examination of Algonquin history, in accordance with general Algonquin Law, provides for special collective human political rights attached to the maintenance of healthy natural environments for all people affected. This means the Algonquin Treaty situation should be recognized as offering a unique process of full sovereignty for all Canadians. Our aboriginal rights are inherent and inalienable. We inherit them through natural birth and heritage and they are inalienable because no one has the rights to deprive a human being of rights because we are all equal. They are the rights of genuine natural persons as human beings versus incorporated legal fictions. They are natural human rights versus ascribed or incorporated rights that might conflict with appropriate implementation of fundamental human rights. Our aboriginal rights are related to the rights of all humanity as important foundations of universal human rights and international law that must be properly identified and reconciled even today, as all law and human rights progress and emerge to respond to circumstances. A healthy natural environment is a fundamental human right. In Algonquin Law it is held as a common collective right attached to collective underlying land title. This must include changes to our natural environment as a foundation of the original economy that supported humankind. “Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.”(UNDRIP)

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Harper Administration Fails to Implement International Treaty Canada’s Conditional Sovereignty and Fiduciary Responsibility Canada’s sovereignty is conditional upon Canada protecting forever Crown obligations to the Aboriginal Peoples. Britain insisted that the Canadian Constitution be patriated upon this condition. Those obligations include the ability to assert identity, preserve language, culture, and tradition, free from undue interference. The 1982 Constitution Act included section 25 of the Canadian Charter of Rights and Freedoms, which stipulated that: “...guarantees in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including a) any rights or freedoms recognized by the Royal Proclamation of October 7, 1763 and b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.” Some, in particular positions of authority, have understood the essential issues underlying our colonial experience, its negative consequences regarding Indigenous Peoples, and the need for an appropriate international intervention in the future, in order to meet higher human rights law obligations. The Supreme Court of Canada held that provincial and federal governments have a legal obligation to consult when the Crown contemplates conduct that might adversely affect established or potential Aboriginal or treaty rights. There is a growing awareness within the Algonquin Nation that land claim processes might be useful in providing an administrative vehicle for increased clarity regarding Aboriginal and Treaty rights. There is an awareness of potential increase in the Aboriginal and Treaty rights beyond that which is currently codified. The term “Crown” in Canada is often interpreted as all government departments, ministries (both federal and provincial) and Crown agencies and includes all government employees that are doing the work of the government. The duty to consult is an administrative act and it is an obligation of the government as a whole. But we have our own history with the institution of the Crown concept. What is the legal character and jurisdiction of a “Crown” organized as a corporate sole entity, as is the current situation in Canada? A corporate sole entity is not a political representative. It is an entity largely designed to protect commercial interests of a select few. The Supreme Court of Canada stated that the legal duty to consult arises when the Crown contemplates conduct that might adversely affect existing or potential section 35 rights of which the Crown has “real or constructive knowledge”. The corporate sole “Crown” knows that we have had a colonial experience. A treaty or convention is considered of equal standing to a statute. An appropriate treaty could provide legitimate reconciliation without the limits currently associated with statutes. In Canada we have a Constitution based on written and unwritten elements. Custom influences the unwritten conventions which are considered to be aspects of our unwritten Constitution. This includes the customs of our Indigenous Peoples that are consistent with the Rule of Law. The Algonquin Nation still holds particular jurisdiction of interest to the Constitution. Black’s Law Dictionary (Eighth Edition) states: ’Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person’. This is known as constructive knowledge. Therefore, if the Crown is contemplating an activity, the Crown must inquire as to whether there are any established or potential Aboriginal or treaty rights that may be adversely affected by this activity. The administrative State has constructive knowledge regarding the Algonquin Nation situation. The State continues to rely on commercial interpretations. Canadians deserve a process that provides for the ability to exercise free prior and informed consent regarding the current corporate sole character of the Crown asserting underlying title and the associated human rights risks and violations and how preserving Algonquin Nation Title, especially codified in an appropriate Treaty, process is the best interests of nation-building and human rights protections for all Canadians. Does the administrative State also have real and constructive knowledge that there is an international obligation in the Algonquin Nation situation?

11 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Collective Rights For Collective Societies as Nations Much of these positive law principles associated with customary Algonquin Nation Title and governance derive from common sense and a customary legal traditional protecting common collective rights of genuine natural persons, as human beings. We are aware that it has been stated that the nature of s. 35(1) itself suggests that it be construed in a purposive way. Purposive law is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment, including a clause of a constitution, in light of the purpose for which it was enacted. British tradition common law system exercises jurisdiction in unceded Algonquin Nation territory in Ontario. What social purpose does the law attempt to serve? What area of social justice is it attempting to further or protect? Can it offer social justice without legal system modification offering transitional justice? Or is it merely an economic process? Purposive interpretation is often formally exercised in particular legal traditions when the courts utilize extraneous, additional reference materials from the pre-enactment phase of legislation. Purposive interpretation goes beyond the words within the statute drafted by legislatures, giving considerable power to judges as legal experts and social agents as they look to additional materials for reference in interpreting the law, in accordance to social values. Some of the relied upon and accepted sources include Preambles, government publications, text books, reports, Royal Commissions, international conventions, and the context in which the statute was originally written in. What is the historical setting? What was the international state of things at the time of passing? What new developments has there been? When purposive interpretation is applied to Aboriginal or Indigenous Peoples’ claims how can constructive knowledge affect interpretations in unceded territory where there is Aboriginal Title and Jurisdiction? Since the issues of title and sovereignty are matters of customary international Law of Nations interests they must rely on principles of international law beyond domestic policy. There is constructive knowledge that there has been a colonial experience. Shouldn’t the courts be looking to rectify the colonial harm? Can a court system sworn to a corporate sole entity act in a manner that can provide due process to an Indigenous Peoples with existing rights to Title? Have the people been adequately informed? The nature of s. 35(1) refers to existing rights of aboriginal peoples, which we know from the Charter does involve matters of international Proclamations, treaty rights, and the need to protect from abrogation and derogation. Justice Iacobucci went on to cite section 10 of Ontario's quasi-constitutional Interpretation Act, which stated, “Every Act shall be deemed to be remedial ... and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit.” Similar provisions exist in the Interpretation Act of each province of Canada as well as at the federal level. There can be no abrogation or derogation of the rights of the aboriginal peoples of Canada. The guarantee in the Charter of certain rights and freedoms, being those defined so far, shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada. Certain rights acquired or related omissions generated through domestic policy cannot be construed to abrogate or derogate other higher law rights or larger freedoms. In 1983, with the passing of the Constitution Amendment Proclamation, 1983, section 25 was amended to expand the protection provided for rights associated with “land claims”. Land claims are associated with assertions of Aboriginal title to lands. In this legal tradition system Aboriginal Title is viewed in the common law doctrine to be the land rights of indigenous peoples to customary tenure, and are considered to persist after the assumption of sovereignty under colonialism. Different systems exist among various Indigenous Peoples. Different systems existed even within different regions, clans, families or individuals within a customary governance and land title system. Has there been an examination of facts regarding all Algonquin Nation territory regarding land tenure systems, adaptations, purposes and principles of law? The general customary tenure system in Algonquin Nation Law holding underlying title in common protects the collective rights for the collective society. There is underlying communal title held by the nation. It forms the foundations of 12 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty nationhood, title, jurisdiction and sovereignty. Aboriginal title then offers strengthened underlying title to land for Canadian national development that purposely reconciles assertions of a colonial corporate sole crown entity versus the equitable rights held commonly by natural persons as human beings. One of the fundamental purposes of Algonquin Nation sovereignty and title was to protect food and water sovereignty of the people and the quality of their natural environment even for future generations. Whereas the original wording of section 25 of the Charter made reference to rights acquired “by way of land claim settlement,” the current version refers to rights that “now exist by way of land claims agreements or may be so acquired.” One version promoted rights limited by domestic policy and land claim settlement under domestic policy, while now it has been better established to recognize a progressive and dynamic process of agreement beyond mere domestic settlement and extinguishment. The change could only be justified if it promoted larger freedoms and human rights protections. The existing “Crown” exercising assertions of title in Canada is currently interpreted as a corporate sole entity left from our colonial experience. It cannot provide national security grounded on adequate human rights and freedoms protections. However, the Algonquin Nation situation, because of particularities recorded in our documented history, gives us an opportunity to reconcile the very character of the Crown asserting underlying title. These aboriginal rights mentioned in the Constitution include treaty rights. This opens the door to potential international processes. And with specific reference to the Royal Proclamation of 1763, this includes both commercial processes and recognition of native Nations. We know the Royal Proclamation of 1763 to be a commercial document concerned with expedient acquisition concerning chartered commercial entities on one hand and organic native human collectives on the other. It should be remembered that some aboriginal peoples, such as the Iroquois Confederacy were loyal alliances and economic beneficiaries to the British Crown in violent opposition to the Algonquin and the French for centuries. But the Algonquin Treaty situation gives Canadians a genuine opportunity for complete independence from those colonial ties. There are clearly differences in the kind of moral responsibility that we can fairly ascribe to corporations versus nations. Corporations are not required to act morally. Nations are expected to act as moral entities. The expansion of a corporate regime cannot adequately expand human rights protections within a Constitutional arena. The expansion of the rights and freedoms held by appropriate peoples prior to colonial assertions can meet the requirements of reconciliation here in Canada and internationally. This means that new environmental and human rights regimes can be established in fair and open processes as part of the Treaty process. Domestic policy land claims negotiations had been previously considered able to effectively extinguish Aboriginal title and jurisdiction, thus expanding the corporate sole economic claims and furthering its gains of adverse possession through implied tactic consent and acquiesce. This however meant to us as Indigenous Peoples, being nations, that there were serious institutional deficits with the corporate sole and its inability to adequately protect important human rights and freedoms which is the purpose of genuine nations. The existing jurisdiction of the Algonquin Nation provides a vehicle for proper reconciliation of human rights and freedoms for all Canadians. Section 35's recognition of Aboriginal rights within an Algonquin Nation context refers to an ancient source of Aboriginal rights in custom. These rights protect collective human rights. Currently, it is our understanding that Canadians only enjoy individual human rights. It is our understanding that while ordinarily, section 25 could have been amended with the standard 7/50 amending formula; this change instead was also carried out with the agreement and consultation of certain aboriginal leaders of indigenous political organizations available at that time. This is because of their continuing collective jurisdiction representing collective human rights. We interpret this as the first significant implementation of those recognized and affirmed existing rights articulated within the Constitution Act of 1982, and the establishment of a special precedent recognizing the equal right to participation and consultation of the aboriginal peoples of Canada within the continuing institutional development and a nation-building process. This process has special significance within Algonquin Nation territory. Since the Charter’s purpose is to protect fundamental human rights and freedoms, and that the requirement to “constitutionalize” the protection of human rights within the highest level of law within t he land, and has usually been developed and exercised to protect people from the abuses of certain forms of institutionalized power, then the specific distinction of aboriginal peoples identified as requiring particular acknowledgement within the Charter lends itself to a vague acknowledgement that there is, and has been, a particular abuse of power perpetuated here in Canada.

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Harper Administration Fails to Implement International Treaty UNDRIP is of Constitutional Significance in Canada If processes are to be considered legitimate, especially concerning matters of such significance, then there must be fair and accountable processes grounded on verifiable fact. Even when the domestic courts allow for some element of recognition of the existence of traditional or customary governance the legitimacy and certainty of those processes raise questions regarding procedural fairness and the exercise of free, prior and informed consent where there has not been a proper examination of history and fact. Most court processes have limited themselves to archives and references after the British assertions of conquest and an examination of the activities of the generalized aboriginal peoples, failing to examine the entire history in context and family perspective. The Algonquin Nation has a complex history. This must be examined outside the interpretations of either provincial court system. Premature endorsements prior to such opportunity breach the federal government ’s promise to ensure that Treaty Negotiations between the Algonquins, Canada and Ontario ….” will not adversely impact on existing Aboriginal rights or rights to equality.” We interpret this to mean to apply to all persons of Algonquin descent throughout the entire territory, regardless of province, will be included.. And as the federal administration has also stated we will “secure a treaty that will include a just recognition of Algonquin rights, title, natural resources and governance will be respected” as is clearly articulated within the documents related to the Algonquins of Ontario land claim process. ( http://www.blaneyalgonquin.com/files/algonquin/Protocol%20Agreement.pdf) The main alternative to the common-law legal system was developed in Europe and is based in Roman and Napoleonic law. A civil-law or code-law system is one where all the legal rules are in one or more comprehensive legislative enactments. According to this system “The law is in the code, not in the cases.” Civil-law systems, such as in Quebec, decide cases without a jury, often uses three judges, and often renders shorter opinions without reference to previously decided cases. Judges are not required to follow the decisions of other courts in similar cases. The major agency for growth and change is the legislature, not the courts. It should be remembered that the Constitution and Algonquin Title limit the legislature. These circumstances create terrible barriers for effective justice and remedy for the Algonquin Nation. It must be remembered that provinces and multinational corporations and institutions are currently extracting huge profits and benefits from the unceded Algonquin Nation territory. Depending on legislative or judicial systems attached to these irregularities raises series conflicts of interests within unceded Algonquin Nation territory. Where there is constructive knowledge that there has been a colonial experience and that has influenced the development of the two court systems and their claims to jurisdiction in the interests of justice, diligence, fiduciary obligations, the requirement of good faith and due process, should there not have been a voluntary arrangement for an impartial examination of fact within unceded Algonquin Nation territory? This is the dilemma raised even in the recent Quebec court proceedings gave directions on how particular individuals wanting to represent the customary governance of the Algonquin Nation were told how to proceed where there has not been an adequate examination of fact or resources provided for the exercise of free, prior and informed consent participation of the entire potential beneficiary. These types of processes will only raise differences and conflicts undermining the long-term effectiveness of the Algonquin Nation. As a Constitution is considered a living amalgam of statutes, documents, unwritten traditions, conventions and other sources, it has evolved since patriation and will continue to evolve. There is a need for complimentary and transitional justice systems to facilitate this process. The process is required. Failure to provide for appropriate processes of participation of Indigenous Peoples in Canada, removed from fair processes of examination of fact, while giving the appearance of accommodation of customary governance traditions, will instead result in abrogation and derogation of inherent and inalienable human rights; not only for the Indigenous Peoples and their entire beneficiaries, but all people of Canada. When courts fail to ensure that there has been adequate preparation and access to information the Rule of Law is at risk. The United Nations Declaration on the Rights of Indigenous Peoples is considered part of the continuing Constitutional evolutionary process.

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Harper Administration Fails to Implement International Treaty Canada officially endorses the United Nations Declaration on the Rights of Indigenous Peoples. (United Nations Document A/61/L.67, September 12, 2007) is listed in the official chronology of events with constitutional significance that have occurred since 1982 on the government website THE CONSTITUTION SINCE PATRIATION: CHRONOLOGY, (http://www.parl.gc.ca/parlinfo/compilations/constitution/ConstitutionSincePatriation.aspx). The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada. This means that we must be extremely cautious of how provincial courts and colonial legal traditions use processes in a manner that establishes an appearance of new conventions that recognize old customs. Short titles include the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982, with further reference to the “Constitution Acts, 1867 to 1982” shall be deemed to include a reference to the “Constitution Amendment Proclamation, 1983”. As part of our growing executive independence associated with our incremental movement away from colony status the administrative State of Canada, following patriation, issued its own Proclamation. The subject of this proclamation was the separation of the certain, or specific listed rights of the Charter, still held as the jurisdiction of the corporate sole crown entity, away from the broader still un-codified rights and freedoms of the aboriginal peoples, which should be understood to still enjoy the international protection of the political Crown. Since proclamations of this type are acts that formally declares to the general public that the government has acted in a particular way, and knowing that the Constitution is the highest law of the land, then the proclamation must be consistent with law. In law proclamations or declarations are unsworn statements that can be admitted in evidence in a legal transaction. The current guarantee of the Charter, must be interpreted through the lens of the corporate sole entity crown asserting underlying title but with limited sovereignty, offering protections that cannot be construed so as to abrogate or derogate from any aboriginal, treaty, or other rights or freedoms that pertain to the aboriginal peoples of Canada. Section 25, Aboriginal rights and freedoms not affected by Charter, explains that the guaranteed rights and freedoms of the Charter cannot limit or change the rights and freedoms of aboriginal peoples. The Constitution itself then gives recognition to other laws or jurisdictions concerning the rights of aboriginal peoples, in qualified circumstances, beyond the jurisdiction and scope of domestic policy alone. These rights and freedoms include, but are not limited to, any that may have been recognized by an international Royal Proclamation, which includes promises of protection by a political Crown, and any new rights and freedoms that may be so acquired. So acquired? The process includes mechanisms outside the colonial era of administration and reaches back into the prior social organization of the Algonquin Nation and the customary Law of Nations. To acquire, commonly understood as to come into possession or control of, to locate and hold, regarding aboriginal rights, if justifiable, must be understood to offer opportunity for the development of greater certainty regarding human rights and freedoms for all Canadians, as a collective holding shared rights and responsibilities to the land. It should be noted that the Section 31, Legislative powers not extended, of the Charter states “Nothing in this Charter extends the legislative powers of any body or authority.” The Algonquin Nation territory has been many times divided and administered through various forms of colonial administrative policy. This has imposed various language and legal systems within unceded Algonquin Nation territory. This has included the imposition of British modelled common law legal tradition in the imposed province of Ontario, and the Quebec civil law tradition in Quebec. In Canada’s codified system legislative authority is divided by the federal and provincial jurisdictions. This fails to effectively recognize the existing jurisdiction of the Algonquin Nation, across two provinces, with very different cultures and legal systems. Section 26 of the Charter protects other rights and freedoms not affected by the Charter. Broader human rights and freedoms may exist in Canada beyond the reach of the Charter.

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Harper Administration Fails to Implement International Treaty Algonquins Have Customary Right to Use Their Native Language But Right is Never Even Offered in Court Algonquins have never had opportunity to reverse these impositions or ensure that we understand how they continue to negatively impact the exercise or enjoyment of our rights and freedoms. Characteristics of the different systems are used in different ways to negatively impact our ability to reverse our continuing colonial circumstances. The Algonquin language is ignored, even in court proceedings, especially where many of the persons the Algonquin Language is the first language of those involved in proceedings. This is despite the Constitutional protection. Section 22 of the Charter , Rights and Privileges Preserved, states: “Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.” The United Nations Declaration on the Rights of Indigenous Peoples states:  Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decisionmaking institutions. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. indigenous peoples shall have the right to participate in this process. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

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It should be remembered that within the Algonquin Nation there are thousands of people living away from reserves in communities all throughout the territory and beyond. There are thousands of people of Algonquin Nation descent who share in these rights and the right to be adequately consulted and included. The UNDRIP further states:  States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. 16 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Algonquin Nation Traditional Territory is Part of an Eco-System and Eco-Region Based Social Political System The Preamble of UNDRIP recognizes “that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment…” The traditional territory of the Algonquin Nation includes the watershed of the Ottawa River. This unique governance system recognized eco-regions and ecosystems as natural systems contributing to human life and wellbeing and incorporated those realities into the social, political, economic and governance systems. The prior social organization of the Algonquin Nation before colonial interference was a common sense system that recognized the natural integrity of eco-region as an important foundation for social organization and governance because it readily provided for our basic necessities and simplified peace and trade relations that promoted responsible consumption and conservation. In accordance to the original governance system of the Anishnabe peoples territorial integrity meant the health of a natural environment and its capacity to continue in self-sustaining ways, to provide for people, as part of the eco-system. Within this system recognizing organic environmental systems women held particular positions of influence, especially regarding water resources and private land practices. Because water is vital to human life and the planet access to healthy water is a basic element of health and wellbeing for human beings and future generations. The traditional views of the Algonquin Nation perceive human beings, as genuine natural persons, not to be confused with the legal fiction, to be an integrated part of the natural world. We perceive ourselves as human beings to be a part of the biodiversity of the territory. Our customary governance system views ourselves to be a part of the natural world around us with unique roles and responsibilities towards each other and all natural life forms and systems, through the observation of the social systems and services in the natural world around us. It is only through the Algonquin Language that this can be properly appreciated. Our own language expresses these concepts best. As part of the sophisticated governance system grounded on natural law and positive principles as a foundation regarding our common characteristics and vulnerabilities as genuine natural persons there is a right to property and land tenure system that served the human needs of the natural nation for thousands of years. This included underlying title to land held in common by the people of the nation. This was considered a basic human right and part of the purpose of nationhood and sovereignty. The Algonquin Nation customary laws, consistent with the customary Laws of Nations, were also recognised and respected throughout the broader Anishnabe cultural community. These included concepts of responsible stewardship and food sovereignty as crucial aspects of national sovereignty. Preserving the health of the natural systems was considered paramount to the health and well-being of the members of the Nation and part of their common heritage. These concepts of environmental stewardship and responsible consumption still form important aspects of our sui generis concepts of nationhood and sovereignty. These sui generis systems have existed beyond colonialism and continued well after European contact. But it is not simply the systems that continued but the underlying values and sense of purpose. Many of the private use systems changed and adapted according to circumstance and need at the community level but the underlying title remained a common security for the Nation. Aspects of use were dynamic but underlying Nation Title remained permanent. The customary law and traditional land tenure systems of the Algonquin Nation have influenced our concepts of responsible Sovereign and relationship to the people. This has also profoundly influenced the concepts affecting the peoples’ relationship to the land as free persons. During the French era the communal land tenure system of the Algonquins and their ability to live from the land was for the most part respected and encouraged. Customary law and natural law traditions still influence important legal foundations in international law. These original, indigenous concepts are gaining strength in their recognition as wisdom and validity systems in emerging codified international law. The emerging strength of the recognition of a healthy environment as a basic human right is receiving increased recognition at the international level. This is partially why the traditional systems of Indigenous Peoples are becoming visible in the contemporary situations facing the world today.

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Harper Administration Fails to Implement International Treaty Our Customary Governance System and Values Are Aspects of “Sui Generis” Intellectual Property Our customary right to property includes our right to the unique intellectual property of our heritage and our right to all materials and artifacts that are associated with our continuing title to land and jurisdiction. Our territory has been vandalized as part of our colonial legacy and we have been denied appropriate control or recognition of sacred sites, burial sites, and other places of significance associated with our genuine culture and heritage which are completely necessary for the proper record of human history and the truthful record of social and civil development of Canada. These sui generis aspects of such distinct social and economic historical experiences are unique to this area and the ecological and social relationship of human development and the planet Earth. As such, it is an integral part of our collective, or communal, human experience and understanding of our cosmological awareness and an expansive and dynamic thematic interest of the multi-dimensional of human rights law and responsibility. This multi-dimensional aspect of the knowledge and traditions of Indigenous Peoples secures for us all a rich heritage of values, wisdoms, and aspirations applicable to all directions of human social and geopolitical reasoning. We are, and will continue to be, defining influences in the sphere of human social experience with long histories of resilience and realistic responsiveness captured and preserved in ways to inspire and encourage creativity and innovation. Human rights based processes that appropriately include Indigenous Peoples and our unique values based systems of understanding and purposeful distribution systems ensuring effective environmental and social safeguards within a rightsbased approach to climate financing that is responsive to the immediate with a precautionary approach for the far reaching future. For the Algonquin Nation, as an Indigenous Peoples of Canada, our history of adaptation and resilience is rooted in our traditional knowledge. Our capacity to adapt to environmental and social changes are based first and foremost on in-depth intimate experience with the land that leads to a unique appreciation that has been socially encouraged that influences our unique understanding of the land. As climate change increasingly impacts our indigenous landscapes, we watch with emotion and not just technical measures and reports. We emotionally experience in unique ways the loss of the vitality of a river, the disappearance of a bird species, a change in the patterns between species and spaces, and as concerned observers and participants with histories of long caring and reciprocal relationship we aspire to respond and move in responsive responsibility in unique ways. Our experience, rights, jurisdiction and sovereignty are sui generis, meaning unique, not because of court assertions or official reports. Our systems are unique because they are the systems that emerged from this place, over thousands of years of relationship and observation. They are unique to this place and this people. They are a form of artistic and creative expression that emerged as law guiding people in best life practices particular to certain places and circumstances. Our jurisdiction is also unique because our purposes are beyond the currently dominant measures of value and worth associated with market economies and labour force communities. Indigenous Peoples and long-time rural populations hold a special set of social and ecological experiences and purposes that uniquely influence our motivations for long-term land sustainability. This means that old ways and reasons offer defining anchors for future adaptations to change. This is well articulated in a recent statement to the Conference of Parties to the UN Framework Convention on Climate Change, the International Indigenous Peoples Forum on Climate Change (IIPFCC) stated: “…[W]e reiterate the need for recognition of our traditional knowledge, which we have sustainably used and practiced for generations; and the need to integrate such knowledge in global, national and sub-national efforts. This knowledge is our vital contribution to climate change adaptation and mitigation.” The positive peace social capital, or tradition of valuing close caring relationships, as first priorities of organically emerging communities recognize social reasoning as a foundation and requirement for development and sustainability. Because we have had a social experience that has taught us to care we are more likely to care; about the planet and about each other. Caring and sharing capacities affect resilience and sustainability because we are conditioned to contemplate the group and the future implications for groups. This way of reasoning is considered completely necessary for continuing community, national, even species resilience. Everything relies on relationship. This world view of priorities in the Algonquin Nation has been long preserved within family activities, customary rules and regulations, ceremonies, and 18 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty common experiences that encourage sharing and systems of close-knit support. These systems of support and social reasoning as part of our heritage are increasingly threatened as elements of the natural environment shift and environmental risks increase and we are not adequately given the political space to respond. The failure to frame environmental challenges as part of a particular style of social experience lessens our motivation and capacity as human beings to maintain underlying concepts of identity, nation, and purpose, grounded in the strong emphasis of affectionate attachments to people and place. This erodes our expectations of governance and sense of social cohesion, even as a species, that from an Algonquin Nation perspective should be more grounded on reciprocal caring relationships established first at the grassroots community level, and then continuing expanded spheres of social concern to others, rather than relying on the material rewards and profit system associated with the current economic market system. In the traditional ecology and society of the Algonquin Nation the market and trade economy serves the balanced interests of the people rather than view the majority of people as labour resources to serve the profit systems of a few at the top of the market. Social safeguards protected the long-term interests of human beings from the possible greed and selfishness inherent as part of our common human character in ways that ensured resources needed would not be unjustly depleted by currents activities, bringing certainty to the security of others and future generations. Because of the inherent vulnerabilities associated with pregnancy and childbearing and the intergenerational aspect of health and biological integrity women have to be recognized as holding unique interests and needs. Exposing the women of Indigenous Peoples communities to harm, which includes failing to take responsibility to protect, grossly impacts all future generations in profound ways. This negatively affects the spiritual priorities and purposes of caring society laws and the long-term resilience and viability of genuine nations that hold the customary traditions of those societies and jurisdictions most directly concerned with human rights priorities in relationship to the life systems of the planet. Ensuring an effective environmental and social safeguard framework within international deliberations for the Algonquin Nation, as an Indigenous Peoples unique to this particular ecosystem on the planet Earth, is critical for a reasonable plan that can benefit and protect all genuine natural persons, as all parts of the related biodiversity and social diversity of the organic natural living system need appropriate response. Critical to preserving elements of community well-being such as health, education, food security, and cultural values within the Algonquin Nation perspective is the need for free and prior access to information as being part of ongoing selfdirected life-long education and social and political responsiveness. This is a critical aspect of active citizenry and genuinely democratic and accountable good governance. We need the truth, and all relevant information, in real time, if we are to be truly citizens, and if we are to be genuinely democratic and free with genuinely accountable governments. This integration would require the appropriate recognition and protection of the early emotional and educational contribution of mothers and related native women’s roles of traditional systems that bond children to nature. Integration of Algonquin Nation social values within an international social and economic planning process should not be considered radical. It is part of our actual heritage as Canadians and Indigenous Peoples of this land. That makes it part of the customary laws of relationship affecting the human family in a global context. Such a framework of respectful integration is needed to facilitate the mainstreaming of international obligations on Indigenous Peoples’ rights for the sake of the human family. This requires supports for participatory processes that can integrate grassroots sustainable development priorities in all developing social development and environmental and climate actions. Increased participation cannot be used as a premature substitute for much needed and necessary policy, legal and governance reforms that would embed internationally recognised Indigenous Peoples’ rights in national legal, judicial and administrative frameworks. The Algonquin Nation Treaty situation offers us a unique situation to begin such positioning.

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Harper Administration Fails to Implement International Treaty Canadian State Failed to Meet Numerous Constitutional and International Obligations Within Unceded Algonquin Nation Territory Failure to respond appropriately to Algonquin Nation jurisdiction has been a failure in meeting our Constitutional obligations in Canada. For decades courageous Algonquin Nation and allied human rights defenders have tried to draw attention to this. They have been met with severe opposition. The federal government, the province of Ontario, and the province of Quebec have all failed to ensure adequate response to Algonquin Nation assertions for decades despite have knowledge of the nature and extent of the nature of Algonquin Nation claims and interests and the fiduciary obligation. This has resulted in significant hardship, poverty, community break-down, family and children’s rights breaches, health risks and criminalization of resistance within unceded Algonquin Nation territory. The injustices of these domestic failures is even made more severe by the fact that the Canadian State has also participated in international legally binding agreements, decades ago, that would have reduced or eliminated the suffering and would have actually empowered the people throughout the entire Algonquin Nation to participate, with resources, in process that would have provided special recognition to traditional and customary livelihoods and governance. These international agreements and the opportunity they provided should have been used as the foundations of an appropriate Algonquin Nation treaty process. Instead, the federal State and the provinces have designed processes that are in direct contravention of numerous international obligations. The United Nations Convention on Biological Diversity, the UN Framework Convention on Climate Change (UNFCCC), and the UN Convention to Combat Desertification (UNCCD), have come to be known as the as the Rio Conventions, and they are the three main international legally-binding agreements for sustainable development. The Rio Conventions on Biological Diversity, Climate Change, and Desertification reflect forty years of environment and development consciousness. Pivotal to much of their evolution has been the legally binding inclusion for the participation and protection of the intellectual property of indigenous peoples. These international treaties represent the legal outcome of the 1992 United Nations Conference on Environment and Development (UNCED). The United Nations Conference on the Human Environment, 1972, represented the first international recognition of environmental issues. Even as early as 1972 the international community developed Principle 21, which is now widely considered as having become a rule of customary international law. This principle held nation-states responsible for harmful environmental actions within their sovereign borders, as well as actions that cross over and harm another state. The Conference led to the establishment of the United Nations Environment Programme (UNEP) and many national environmental protection agencies. It is our assertion that there has been deliberate delay in the Canadian State appropriately responding to Algonquin Nation interests as a means of attempting to avoid meeting its international obligations and deliberately stalling in an attempt to mitigate liabilities. The related Beijing Platform of Action identified the need to involve women actively in environmental decision-making. Under Strategic Objective K.1 in the Beijing Platform for Action (1995), governments agreed to encourage the protection, use and promotion of the knowledge, innovations and practices of women in indigenous and local communities, ensuring that they are preserved in an ecologically sustainable manner and that women’s intellectual property rights are protected under national and international law (paragraph 253.c; SIDA, 1998 in FAO 2003).

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Harper Administration Fails to Implement International Treaty These failures to meet internationally legally binding obligations have had direct effect on the lives and wellbeing of individuals and associated communities. They have negatively impacted the ability of the Algonquin Nation to effectively utilize customary governance as a means to identify and protect larger human rights and freedoms and protect and promote the rights and freedoms of aboriginal women here and at the international level. This failure of the Canadian State to meet international legal obligations in unceded Algonquin Nation territory has had a particularly detrimental impact on the lives and well-being of indigenous women throughout all of Canada. The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental treaty negotiated at the United Nations Conference on Environment and Development (UNCED), informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992. In the Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972, published online by the United Nations Department of Economic and Social Affairs (DESA), there was international consensus that indigenous people and as well as local communities were to be effectively involved. (http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm) Principle 22 of the document states: “Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.” This would have also allowed for participation of eco-regional rural community participation, critical to much of unceded Algonquin Nation territory. The United Nations Conference on the Human Environment in1972 led to the creation of The United Nations Environment Programme (UNEP). It has been enhanced by the more powerful “United Nations Environment

Organization (UNEO)”.
The federal and provincial governments have had real and constructive knowledge of Algonquin Nation claims and interests tracing back hundreds of years. Inseparable from Algonquin claims have been concerns about the quality and health of the natural environment and rates of consumption. While Algonquins and other Indigenous Peoples were being criminalized for protecting their rights the federal administration participated in global initiatives without acknowledging indigenous interests. This is particularly offensive since significant related treaties have been negotiated within unceded Algonquin Nation territory, completely without appropriate Algonquin Nation recognition or participation. The Montreal Protocol on Substances that Deplete the Ozone Layer, is part of the first universally ratified treaties in United Nations history. Parties to the UNFCCC have met at conferences (“Conferences of the Parties” – COPs) to discuss how to achieve the treaty's aims. Of particular interest to the Algonquin Nation is the Plan of Implementation of the World Summit: paragraphs 7(c), 24, 40 (b), (d) and 66 (a), and the objective reads that: “Relevant national stakeholders, including representatives of indigenous and local communities, are involved, as far as appropriate, in the policy-making and in the planning, implementation and monitoring of the implementation of the programme of work.” COP 7, (May 2005), the Parties moved to promote the establishment of protected areas and by 2008 see “effective processes for the full and effective participation of indigenous and local communities, in full respect of their rights and recognition of their responsibilities, in the governance of protected areas, consistent with national law and applicable international obligations.”

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Harper Administration Fails to Implement International Treaty This was to have been done “consistent with national law and applicable international obligations” and include building capacity for indigenous and local communities to enable their effective participation. How should this have impacted the Algonquin Nation Treaty process? In Algonquin Nation territory, the Indigenous Peoples are rights-holders, not simply stakeholders or constituency or community groups. We are rights-holders with a history of social environmental concern, adaptation and vulnerability; with an interest in the developing synergy between the three Rio conventions, and matters of corporate responsibility. These formalized objectives associated with the legally binding Convention on Biological Diversity were further defined to include the implementation of “A holistic approach consistent with the spiritual and cultural values and customary practices of the indigenous and local communities and their rights to have control over their traditional knowledge, information and practices.” COP 6, 2002, objectives were to ensure:     Indigenous and local communities should be fully and effectively involved in the assessment process. Where the national regime requires prior informed consent of indigenous and local communities, the assessment process shall consider whether such prior informed consent has been obtained All human rights, including social and cultural rights, and any rights related to the environment, must be respected Pursuant to national legislation, the customary laws and intellectual property rights of indigenous and local communities, with respect to their traditional biodiversity-related knowledge, innovations and practices shall be respected in all circumstances related to the proposed development.

Pursuant to Canada’s Constitution the existing rights of the Algonquin Nation, being our customary laws, which would include our intellectual property laws and rights, are already recognized and affirmed. The Algonquin Nation is not hampered with “conditional sovereignty” because of legal restraints. We are still op pressed by residual colonial systems and ideology. That must be reconciled. Combining such reconciliation within an Algonquin Nation Treat process that also promotes international climate change, biodiversity and human rights objectives is critical to the international community. Regarding COP 7, the strength of customary law had been further defined. Decision VII/16 on Article 8j and related provisions Section H, established the need for development of elements of sui generis systems for the protection of traditional knowledge, innovations and practices, recognising that any sui generis system for the protection of traditional knowledge, innovations and practices needs to be developed taking into consideration customary law and practices with the full and effective involvement and participation of concerned indigenous and local communities. In all circumstances related to the proposed development, the customary laws and intellectual property rights of the indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be respected. Instead, Algonquins have been denied full and effective participation and those most ardent about preserving rights and identity have been criminalized and harassed. As early as 2002 “All human rights, including social and cultural rights, and any rights related to the environment, must be respected.” The federal government and the administration of Ontario entered into Treaty negotiations with parts of the Algonquin Nation as early as 1984, and seriously in 2004. Never once in all of these processes was there specific mention or reference to international obligations or initiatives that could influence or impact proceedings. The Algonquin Nation and the Canadian people have never been adequately informed about all possible environmental, social, or economic impacts that international law and emerging obligations could have on them as individuals or collectives. We have not been able to exercise free, prior and informed consent.

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Harper Administration Fails to Implement International Treaty Of Particular Interest To The Algonquin Nation DECISIONS ADOPTED BY THE CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY AT ITS SEVENTH MEETING, UNEP/CBD/COP/7, 2004 As early as 2004 there were strong emphasises placed on the inclusion of indigenous and local communities. These priorities would have radically lessened tensions and conflicts associated with the Algonquins of Ontario land Claim process had they been implemented. These policies would have also have a tremendous positive impact in the lives and economies of the many Quebec Algonquins attempting to draw attention to the situations in their territory. Vast amounts of public monies could have been saved or more efficiently and effectively spent had these policies regarding indigenous and local communities been appropriately implemented in unceded Algonquin Nation territory. Areas of Particular Algonquin Nation Interest: Forest biological diversity Develop means of identifying and protecting groundwater recharge areas, groundwater aquifers, and surface waters fed by groundwater discharges. Agricultural biological diversity Biological diversity of inland water ecosystems Mountain biological diversity Global Strategy for Plant Conservation Ecosystem approach Sustainable Use Protected Areas (Articles 8 (a) to (e)) Biodiversity and Climate Change Assessment processes Environmental impact assessment and strategic environment assessment Composite report on the status and trends regarding the knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biodiversity Akwé: Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessment regarding Developments Proposed to Take Place on, or which are Likely to Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities Participatory mechanisms for indigenous and local communities Development of elements of sui generis systems for the protection of traditional knowledge, innovations and practices Recommendations of the Permanent Forum on Indigenous Issues to the Convention on Biological Diversity Liability and redress (Article 14, paragraph 2) Incentive Measures (Article 11) Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization International regime on access to genetic resources and benefit-sharing Cooperation with other conventions and international organizations and initiatives Needs for capacity-building identified by countries to implement the Bonn Guidelines Education and public awareness (article 13) Indigenous Language Global Taxonomy Initiative Global Strategy for Plant Conservation Community Protocols for Environmental Sustainability: A Guide for Policymakers. UNEP Nairobi and EDO NSW Sydney (2013), Expert Mechanism advice No. 5 (2013): Access to justice in the promotion and protection of the rights of indigenous peoples

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Harper Administration Fails to Implement International Treaty Of Particular Immediate Interest Biological Diversity Of Inland Water Ecosystems  Encourage the adoption of such integrated watershed, catchment and river basin management strategies to maintain, restore or improve the quality and supply of inland water resources and the economic, social, cultural, spiritual, hydrological, biological diversity and other functions and values of inland water ecosystems. Synergy being developed between the Convention on Biological Diversity and the Ramsar Convention in implementing the programme of work, notes the progress made in the implementation of the joint work plans between the two conventions (UNEP/CBD/COP/7/INF/27) Ramsar Convention, the United Nations Environment Programme - World Conservation Monitoring Centre, the Millennium Ecosystem Assessment and the Global International Waters Assessment among others, further develop collaboration with programmes, organizations, institutions, conventions and include (but are not limited to) the United Nations Convention to Combat Desertification (UNCCD), the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Food and Agriculture Organization of the United Nations (FAO), the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on International Trade in Endangered Species (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), BirdLife International, Conservation International, DIVERSITAS, the Global International Water Assessment, the Global Water Partnership, the WorldFish Center (formerly the International Center for Living Aquatic Resources Management, ICLARM), IUCN–the World Conservation Union, the Millennium Ecosystem Assessment, the World Water Council, Wetlands International, the World Wide Fund for Nature (WWF) and the World Bank. Forest Biological Diversity  Urges the Executive Secretary to facilitate the full and effective participation of indigenous and local communities and other relevant stakeholders in implementing the expanded programme of work on forest biological diversity by developing local capacities and participatory mechanisms, including women, in assembling, disseminating, and synthesizing information on relevant scientific and traditional knowledge on forest biological diversity. Noting:  Establish measures to ensure respect for the rights of unprotected or voluntarily isolated communities.  Parties, Governments and relevant organizations should be encouraged to facilitate strengthening existing indigenous organizational structures and organizations representing local communities.  Specific capacity-building activities should be targeted at indigenous women and women in rural or otherwise marginal communities, and at traditional knowledge, innovations and practices.  Examples of codes of ethics and conduct governing research as used by such bodies as research institutions, business and indigenous and local communities, should be gathered with a view to assisting in future possible development of codes of ethics or conduct, and to guide further research on the retention and use of traditional knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity;  Parties, Governments, international organizations, research institutions and business should respect and promote existing codes of ethics or conduct governing research, and Parties, Governments and relevant organizations should facilitate the development of additional codes by indigenous and local communities where none exist.  Examples of codes of ethics and conduct governing research as used by such bodies as research institutions, business and indigenous and local communities, should be gathered with a view to assisting in future possible development of codes of ethics or conduct, and to guide further research on the retention and use of traditional knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity;  Parties, Governments, international organizations, research institutions and business should respect and promote existing codes of ethics or conduct governing research, and Parties, Governments and relevant organizations should facilitate the development of additional codes by indigenous and local communities where none exist.  Parties and indigenous and local communities to review the recommendations of the Ad Hoc Technical Expert Group on Genetic Use Restriction Technologies, as they relate to Article 8(j) and related provisions of the Convention, and provide comments thereon to the Executive Secretary, for consideration at the fourth meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention. The Parties as well as the indigenous communities may consult with other stakeholders for this purpose. 24 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty The World Summit on Sustainable Development is an important instrument for enhancing sustainable development and poverty alleviation. Good governance is essential for successful application of the ecosystem approach. Good governance includes sound environmental, resource and economic policies and administrative institutions that are responsive to the needs of the people. It should be stressed that in applying the ecosystem approach, all its principles need to be considered in a holistic way, and appropriate weight given to each, according to local circumstances. Ecosystem management is a social process. It recognizes that humans, with their cultural diversity, are an integral component of many ecosystems.       Parties and other Governments, facilitate the full and effective participation of indigenous and local communities and other stakeholders and continue or start implementation of the ecosystem approach, Conservation of ecosystem structure and functioning, in order to maintain ecosystem services, should be a priority target of the ecosystem approach. Throughout local customs and traditions (including customary law where recognized) should be considered. Consider local customs and traditions (and customary law where recognized) when drafting new legislation and regulations Provide training and extension services to enhance the capacity of people to enter into effective decision-making arrangements as well as in implementation of sustainable use methods Protect and encourage customary use of biological resources that is sustainable, in accordance with traditional and cultural practices Any information-gathering exercise pertaining to knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity should be conducted with the prior informed consent of the holders of such knowledge, innovations and practices Indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and identify and assess measures and initiatives to protect and promote the use of traditional knowledge, innovations and practices,

Ongoing information-gathering and sharing of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, particularly for the purpose of judging the collective success at reversing the decline of such knowledge, innovations and practices.  Parties, Governments and competent organizations to support the efforts of indigenous and local communities to undertake field studies to determine the status, trends and threats related to the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, with the full involvement and approval of these communities. Parties, Governments and relevant organizations to provide financial assistance for the completion rights and access to land are fundamental to the retention of traditional knowledge, innovations and practices. Parties should be encouraged, in accordance with national domestic law and international obligations, to recognize land tenure of indigenous and local communities, as recognized Parties should establish measures to ensure respect for the rights of unprotected or voluntarily isolated communities.

   

Capacity-Building, Education And Training  Parties, Governments and relevant organizations should be encouraged to facilitate strengthening existing indigenous organizational structures and organizations representing local communities.  Specific capacity-building activities should be targeted at indigenous women and women in rural or otherwise marginal communities.

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Harper Administration Fails to Implement International Treaty The Akwé: Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessments regarding Developments Proposed to Take Place on, or which are likely to Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities, Cultural, environmental and social impact assessment procedures should include:  Cultural impact assessments that involve full involvement of group or community of people and possibly undertaken by this group or community of people to evaluate development that may affect, for example, the values, belief systems, customary laws, language(s), customs, economy, relationships with the local environment and particular species, social organization and traditions of the affected community Proposed development on the physical manifestations of a community’s cultural heritage including sites, structures, and remains of archaeological, architectural, historical, religious, spiritual, cultural, ecological or aesthetic value or significance Customary law – law consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws. Development proposals should be assessed for possible impacts on the customary laws of an affected community. (See definition contained in Black’s Law Dictionary (7th edition), 2000.)

  

Environmental Impact Assessment Taking into account interrelated socio-economic, cultural and human health impacts, both beneficial and adverse.  Sacred site – may refer to a site, object, structure, area or natural feature or area, held by national Governments or indigenous communities to be of particular importance in accordance with the customs of an indigenous or local community because of its religious and/or spiritual significance.

Social Impact Assessment Is a process of evaluating the likely impacts, both beneficial and adverse, of a proposed development that may affect the rights, which have an economic, social, cultural, civic and political dimension, as well as the well-being, vitality and viability, of an affected community.  That is, the quality of life of a community as measured in terms of various socio-economic indicators, such as income distribution, physical and social integrity and protection of individuals and communities, employment levels and opportunities, health and welfare, education, and availability and standards of housing and accommodation, infrastructure, services.

Strategic Environmental Assessment is a process of evaluating the likely environmental impacts of proposed policies, plans or programmes to ensure that they are fully included and addressed at an early stage of decision-making, together with economic, social and cultural considerations. Traditional Knowledge (TK) Refers to the traditional knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity. The actors involved in the assessment process may include the proponent of the development, one or more governmental agencies, indigenous and local communities, stakeholders, and technical experts conducting the assessment; noting further the desirability of integrating cultural, environmental, and social impacts within a single assessment process        Executive Secretary to publish these guidelines as a booklet in the official languages of the United Nations, Parties and Governments, in collaboration with indigenous and local communities, to also make the guidelines available in local languages in relevant circumstances. Parties and Governments to support, financially and otherwise, indigenous and local communities, where they have not already done so, in formulating their own community development and biodiversity conservation plans that will enable such communities to adopt a culturally appropriate strategic, integrated and phased approach to their development needs in line with community goals and objectives. These plans should include a strategic environmental assessment policy or plan to 26 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty    provide a systematic process with the participation of indigenous and/or local communities for integrating cultural, environmental, and social considerations in planning and decision-making. Indigenous and local communities to take note of the guidelines and to request their application in the case of developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities carry out a baseline study, in consultation with the affected indigenous and local communities, to ascertain those components of biological diversity of particular significance to the affected indigenous or local community.

Monitoring And Auditing Stage: Monitoring and environmental auditing As part of the above stages, the following steps may also be considered in carrying out an impact assessment for a development proposed to take place on, or which is likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities.   Identification of indigenous and local communities and relevant stakeholders likely to be affected by the proposed development Establishment of effective mechanisms for indigenous and local community participation, including for the participation of women, the youth, the elderly and other vulnerable groups, in the impact assessment processes Establishment of an agreed process for recording the views and concerns of the members of the indigenous or local community whose interests are likely to be impacted by a proposed development Identification and provision of sufficient human, financial, technical and legal resources for effective indigenous and local community participation in all phases of impact assessment procedures including contingency plans regarding possible adverse cultural, environmental and social impacts resulting from a proposed development Identification of actors responsible for liability, redress, insurance and compensation

 

Establishment of a Review and Appeals Process The proponent of a development proposal or the responsible government authority should engage in a process of notification and public consultation of intention to carry out a development. Such notification should use all normal public means of notification (print, electronic and personal media, including newspapers, radio, television, mailings, village/town meetings, etc.), and ensure that such notification and consultation take place in the language(s) of the communities and region that will be affected. In all circumstances related to the proposed development, the customary laws and intellectual property rights of the indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be respected. Any activity aimed at the incorporation of cultural and social considerations, and the biodiversity-related considerations of indigenous and local communities, into national environmental the need for continued collaboration with other relevant organizations working on issues related to the protection of traditional knowledge, innovations and practices, such as the World Intellectual Property Organization (WIPO), the Permanent Forum on Indigenous Issues (PFII), the World Health Organization (WHO) and the Food and Agriculture Organization of the United Nations (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO) to ensure mutual supportiveness and avoid duplication of efforts. Provisions regarding enforcement and remedies should have included:   Relationship to other laws, including international law. Parties and Governments to make the necessary voluntary financial contributions to facilitate the convening of the group of legal and technical experts

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Harper Administration Fails to Implement International Treaty The Canadian State Developed Policy Within Unceded Algonquin Nation Territory That Fails to Uphold International Obligations Canada has obligations to the Indigenous Peoples of Canada. This is especially pertinent in unceded Algonquin Nation territory where the Algonquin people have been reeling in attempts to address their complex situation within an imposed land claim process. While some have agreed to follow and participate in the process numerous others have been opposed and as such have been denied any resources. This is contrary to Canadian State international obligations. The Canadian State was to ensure:    Resources, including financial, technical and legal support, should be made available to indigenous and local communities and relevant national organizations to enable them to participate fully in all aspects of national impact assessments. Establish a voluntary funding mechanism under the Convention to facilitate the participation of indigenous and local communities Particular emphasis on providing information in appropriate and accessible languages of indigenous and local communities

The development proposal and impact assessments should be made available to organizations representing affected indigenous and local communities and relevant stakeholders for the purposes of public scrutiny and consultation. This should include:        A formal process to identify the indigenous and local community members, experts and organizations, and relevant stakeholders should be engaged, including local and open consultations. In order to facilitate the involvement and participation of the affected indigenous and local communities, local experts should be identified and their expertise recognized and engaged at the earliest opportunity. provision of necessary human, financial, technical and legal resources, particularly to those indigenous and local communities, to support indigenous and local expertise, will facilitate effective indigenous and local community participation in the impact assessment process. In social impact assessments, social development indicators consistent with the views of indigenous and local communities should be developed and should include gender, generational considerations, health, safety, food and livelihood security aspects and the possible effects on social cohesion and mobilization. Possible impacts on traditional systems of land tenure and other uses of natural resources Protecting traditional lifestyles. Recognize the vital role that women and youth play, in particular women and youth within indigenous and local communities, in the conservation and sustainable use of biological diversity and the need for the full and effective participation of women in policy-making and implementation for biological diversity conservation should be fully taken into consideration. Indigenous and local communities should be encouraged, and provided with the necessary support and capacity to formulate their own community development plans.

PROPOSALS FOR THE APPLICATION OF WAYS AND MEANS TO REMOVE OR MITIGATE PERVERSE INCENTIVES As part of the associated processes, along with the impact assessments, review and appeals, monitoring and auditing there should be processes for identifying influences that impede implementation. It is our recommendation that the Algonquin Nation is in a unique situation and area of expertise concerning these issues and they should be integrated as a lessons learned aspect of an appropriate treaty process.

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Harper Administration Fails to Implement International Treaty Identification of Obstacles For Policy Reform  Recognizing that a sui generis system for the protection of traditional knowledge at the international level may enable indigenous and local communities to effectively protect their knowledge against misuse and misappropriation and that such a system should be flexible and respect the interests and rights of indigenous and local communities. The lack of contributes to the persistence of policies that create perverse incentives and do not assist in achieving what may still be legitimate policy objectives. International organizations are highly requested to cooperate in this effort.

Initiatives include:       Removing perverse incentives. Evaluation of policy efficacy and efficiency. Removal of policies that generate perverse incentives. Funding should be available for capacity-building. Building policy, legal, judicial and administrative capacity. Building capacities of, and empowering indigenous and local communities and all relevant stakeholders with respect to access to and use of relevant technologies, including strengthening of decision-making skills.

As per COP 10 decision X/2, Canada is required to implement the 2011-2020 Strategic Plan for Biodiversity, including the Aichi Biodiversity Targets; with the full and effective participation of Indigenous Peoples. For Indigenous Peoples, preservation and promotion of traditional and cultural practices are closely linked to Indigenous Peoples customary uses of resources and broad world views regarding connection to land and lifeforms. Both are intimately connected to Indigenous Peoples ability maintain, promote and preserve culture with authenticity. In Canada, the division of constitutional powers over environment between the federal and provincial governments does not favor the application of the international agreements. The fragmentation of responsibilities for implementing international engagements among different departments (mainly Environment and Natural Resources) is an obstacle to the integration of the many aspects of the Convention on Biological Diversity and other related international initiatives. The unique jurisdiction still held by the Algonquin Nation and the agreement by the federal government to negotiate a Treaty provides a unique opportunity for the reconciliation of many obstacles.

29 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Indigenous Peoples and Community Protocols Inclusive of Customary Law Within a United Nations Framework Contained in the newly released publication Community Protocols for Environmental Sustainability: A Guide for Policymakers. UNEP Nairobi and EDO NSW Sydney (2013), community protocols are an emerging concept in international environmental law and policy. This document clarifies “The term encompasses a broad range of practices and procedures, both written and unwritten, developed by Indigenous Peoples and local communities, ILCs, in relation to their traditional knowledge (TK), territories, and natural and other resources.” It further clarifies that “Community protocols are to be authentic. They are to reflect the cultural, legal and political diversity of ILCs and their responses to issues or problems. Depicting this diversity, community protocols provide a description of the collective identity of relevant ILCs that include their histories, shared values, traditional territories, knowledge, innovations and practices, customary sustainable use requirements and methodologies.” Of particular interest in the Algonquin Nation situation “Community protocols are important in that they may be relied upon at the local level to resolve any disputes over the acquisition and use of indigenous peoples’ heritage according to the customary laws of the indigenous peoples concerned.” This principle is linked to the right to self-determination, cultural rights, and the right to participation. Important areas where community protocols can provide clarity and reduce conflict include:   substantive (including rights to natural resources and traditional territories) and procedural rights customary laws, processes and ways of life.

Potential benefits identified from ore inclusive processes include:       conservation and sustainable use of biodiversity in both protected areas and beyond; protection of TK; regulating access to the traditional territories, natural and other resources and TK of ILCs; acting as an interface between customary law and formal legal and policy frameworks; education, capacity building and improved participation; and clarification of expectations and improved relationships between ILCs and external actors.

According to the publication “Customary laws include customary worldviews, principles or values, rules and codes of conduct, and established practices. They are enforced by community institutions, and can have sanctions attached. They are derived from natural resource use – some practices and beliefs acquire the force of law. They are locally recognised, orally held, adaptable and evolving.” (Swiderska et al., 2009). These guidelines hold tremendous opportunity for legitimate Algonquin Nation Treaty processes. “Full and effective participation in the development and implementation of community protocols involves the broader community in decision making in a way that is accessible and sensitive to local processes, in particular, recognising customary decision-making processes and supporting local representative institutions.” The Algonquin Nation can now begin a new process that provides for appropriate examination of fact which includes integration of their entire history, customary governance systems and customary decision-making processes rather than those that have been imposed based on manipulation. “Full and effective participation also reflects the principle of procedural justice, which has been linked to processes such as FPIC (Shroeder and Pisupati, 2010). Full and effective participation also involves gender “equity and the inclusion of Elders and youth.” This internationally designed process can begin a process of transitional justice and procedural fairness within the complex Algonquin Nation situation.

30 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Full and Effective Participation Must Include Access to Justice “Certain bodies, such as the Expert Mechanism on the Rights of Indigenous Peoples of the United Nations Human Rights Council (EMRIP) (UNHCR, 2011), the Global Environment Facility (GEF) (GEF, 2012), the International Finance Corporation (IFC, 2012), and the Asian Development Bank (ADB, 2009) provide some guidance on matters relating to “full and effective participation”. Full and effective participation of the Algonquin Nation in such processes:     realises indigenous peoples’ right to self-determination is free of external manipulation, interference, coercion or intimidation, ensures information is accessible to various age groups and socio-economic backgrounds and in the relevant language, should be particularly attentive to the voices of ILC women

It is obvious, in our opinion as citizens of the Algonquin Nation, that the Canadian State has manipulated the Algonquin Nation regarding our protected inherent and inalienable rights and has withheld valuable information from us as well as other Canadians. It is a well-recognized principle of international law, that States may not invoke their domestic laws to avoid their international obligations. The Algonquin Nation should now begin to access international tools and resources to ensure that we are utilizing the strongest protections as possible. Continuing progress associated with the Convention on Biological Diversity emphasise:     Respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities consistent with Article 8(j) Establishing appropriate mechanisms to improve the participation and involvement of indigenous and local communities and civil society representatives Engage indigenous and local communities, and all relevant sectors and stakeholders including representatives of society and the economy that have a significant impact on, benefit from or use biodiversity and its related ecosystem services. Ensure that national biodiversity strategies and action plans take into account the principles in the Rio Declaration on Environment and Development adopted at the United Nations Conference on Environment and Development.

If there is to be full and effective participation there must be access to remedy and appeals process for complaints as part of access to justice. Elements of access to justice include the right to an effective remedy, procedural fairness and the need for States to take positive measures to enable access to justice. (Access to justice in the promotion and protection of the rights of indigenous peoples, Study by the Expert Mechanism on the Rights of Indigenous Peoples, A/HRC/24/50) The right to a remedy and related procedural and substantive rights essential to securing a remedy are protected in a wide range of international instruments. The United Nations treaty bodies have found that, when providing for remedies, they should be adapted so as to take account of the special vulnerability of certain categories of persons. This has been particularly true for those Indigenous Peoples and individuals wishing to preserve and implement their customary governance rights and identity. Positive steps can include measures to ensure the use of indigenous languages in courts, and ensuring officials are highly trained in indigenous history, legal traditions and customs. The Expert Mechanism has recommended previously that, in providing redress to indigenous peoples for the negative impacts of State laws and policies, States should prioritize the views of indigenous peoples on appropriate forms of redress (A/HRC/21/53, para. 23). “Under international law, States must take positive measures to enable realization of human rights, including through the removal of economic, social and cultural barriers to access to justice.” (A/HRC/24/50)

31 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Exclusion of Algonquin Nation and Failure to Implement ILO Community Protocols With Authenticity Canada has already agreed to and signed the Convention on Biological Diversity. The current administrative State has failed to implement it. The Convention on Biological Diversity (CBD) is a legally-binding agreement looks at conservation of the ecosystem as a whole. It was to have been implemented in accordance with Article 8(j) and Article 10. Article 8(j) states Each contracting Party shall, as far as possible and as appropriate:  Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices.

Article 10(c):  the customary uses of biological resources in accordance with traditional cultural practices should be protected and encouraged.

Governments and indigenous and local communities at the Eighth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, held in Montreal, Canada, have reaffirmed the need to recognize and integrate traditional knowledge systems of indigenous and local communities into the future work of the Convention on Biological Diversity (CBD), including its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. At the recent meeting of October 12, 2013, in Montreal, unceded Algonquin Nation territory, numerous recommendations were made including:        According to international law, the term “Peoples” has a particular legal status and all “Peoples” have the right of self-determination. The term “Indigenous Peoples” is used consistently by the General Assembly, Office of the High Commissioner for Human Rights, Human Rights Council, Treaty monitoring bodies, specialized agencies, special rapporteurs and other mechanisms within the international system. Section 35 of Canada’s Constitution Act recognizes indigenous peoples in Aboriginal Treaty rights, and legally protects Aboriginal and treaty rights that were in existence in 1982 (Section 35 of the Constitution Act, 1982). In the decades since the Convention came into force, the rights of indigenous peoples as Peoples have received international recognition in many domestic courts, international courts, human rights treaties and have been articulated in UNDRIP. Strong support for developing a coordinated international approach to implementing UNDRIP and considers that proper implementation of UNDRIP is also a matter of international environmental law. recognize that the Convention on Biological Diversity as a convention relevant to the proper implementation of UNDRIP, in particular of Articles 29, 31, 24-26, 37, 11, and 4. Convention on Biological Diversity also provides a best example of the full and effective participation of indigenous peoples, as well as local communities, among the core environmental conventions. While the practice under the Convention on Biological Diversity could be strengthened in this regard, AFN considers the actions of the Parties to be relevant to the continued articulation of Article 42 of UNDRIP. (http://www.cbd.int/doc/meetings/tk/wg8j-08/official/wg8j-08-08-en.pdf)

Many guidelines, recommendations, and concerns are being expressed. Many of these concerns are similar to those expressed by representatives of customary governance communities and groups throughout the Algonquin Nation territory. Moving forward in involving indigenous and local communities without prior social impact or cultural impact assessments generates, especially in unceded territory where there are land claim negotiations processes or such expressions of interests, or where there is real and constructive knowledge on the part of the Crown of such interests generates a situation where lack of clarity regarding right sand jurisdiction may impede the efficiency of the implementation and purposes of the Convention. Failure to adequately include and consult with representatives of the Algonquin Nation in accordance with the policies of the Convention raises serious concerns.

32 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Reliance on voluntary guidelines developed by other aboriginal peoples in Algonquin Nation territory can be interpreted to negatively impact Algonquin Nation rights and jurisdiction and weaken the effectiveness of Indigenous Peoples and their unique jurisdiction to provide effective and substantive foundations to conservation of biodiversity. This raises Constitutional issues and matters of domestic legislation regarding existing aboriginal rights in circumstances such as the Algonquin Nation treaty situation. There has not been adequate Algonquin consultation. From the public information regarding the Working Group on Article 8(j): “The Convention on Biological Diversity (CBD) recognizes the dependency of indigenous and local communities on biological diversity and the unique role of indigenous and local communities in conserving life on Earth. This recognition is enshrined in the preamble of the Convention and in its provisions. It is for this reason that in Article 8(j) of the Convention on Biological Diversity, Parties have undertaken to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities relevant for the conservation of biological diversity and to promote their wider application with the approval of knowledge holders and to encourage equitable sharing of benefits arising out of the use of biological diversity. Furthermore, because of its relevance to the work of the Convention, considerations relating to the traditional knowledge of indigenous and local communities are also being incorporated in all the programmes of work under the Convention.” (http://www.cbd.int/convention/wg8j.shtml) Developments continue and include:

Parties to the Convention, COP, adopted the Akwé: Kon Guidelines for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place or which are likely to impact on sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities. (2006-2008) include the development of elements of sui generis systems, developing indicators for the retention of traditional knowledge and methods and measures to address the underlying causes of the loss of such knowledge, the development of an ethical code of conduct to ensure respect for the cultural and intellectual heritage of indigenous and local communities relevant to the conservation and sustainable use of biological diversity, contribution to the negotiation of an international regime on access and benefit sharing, research on the impact of climate change into highly vulnerable indigenous and local communities, among others. Provided input to assist the finalization and adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity. Requested Parties to appoint National focal points on Article 8 (j) and related provisions.

Adopted three indicators for status and trends in traditional knowledge:
  

status and trends of linguistic diversity and numbers of speakers of indigenous languages; status and trends in land-use change and land tenure in the traditional territories of indigenous and local communities; status and trends in the practice of traditional occupations

Much of the current work relies on the voluntary guidelines articulated in Akwé: Kon Guidelines and The Tkarihwaié:ri Code of Ethical Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities Relevant to the Conservation and Sustainable Use of Biological Diversity. Both of these were developed in Montreal, in uceded Algonquin Nation territory, without appropriate Algonquin Nation consultation. “At its tenth meeting, the COP, also finalized the negotiation of and adopted the Code of Ethical Conduct on Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity (“the Tkarihwaié:ri code of ethical conduct) and invited Parties and Governments to make use of its elements to guide the developments of models of codes of ethical conduct for research, access to, use, exchange and management of information concerning traditional knowledge. …..The word “Tkarihwaié:ri” is a Mohawk term meaning “the proper way”. (https://www.cbd.int/traditional/code.shtml)

33 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Requirement to Implement With Authenticity The Algonquin Nation possess our own traditional codes which are also an existing part of the customary law foundations of Canada, specific to our traditional territory and unique jurisdiction. The federal government has recognized and affirmed:    The Algonquin Nation has occupied its Territory within the watershed of Kitchi-Sibi, now known as the Ottawa River, since time immemorial, The inherent and aboriginal rights of the Algonquin Nation and the aboriginal title of the Algonquin Nation have at various times been recognized by the Crown but never formalized by the making of a Treaty with the Algonquin Nation, The Algonquin Nation is interested in resuming Treaty Negotiations with the Crown. ( http://www.blaneyalgonquin.com/files/algonquin/Protocol%20Agreement.pdf)

We must remember that “community protocols are to be authentic. They are to reflect the cultural, legal and political diversity of ILCs and their responses to issues or problems. Depicting this diversity, community protocols provide a description of the collective identity of relevant ILCs that include their histories, shared values, traditional territories, knowledge, innovations and practices, customary sustainable use requirements and methodologies.” (Community Protocols for Environmental Sustainability: A Guide for Policymakers. UNEP Nairobi and EDO NSW Sydney (2013),
As the guide confirms “Many ILCs take a communal or collective approach to ownership, or custodianship, of traditional territories, natural and other resources, and TK”

This has special significance within unceded Algonquin Nation territory. “Traditional proprietary systems relating to scarce tangibles such as land, resources and goods, and to valuable intangibles like certain knowledge and cultural expressions, are often highly complex and varied. As a general rule, knowledge and resources are communally held and, although some specialised knowledge may be held exclusively by males, females, certain lineage groups, or ritual or society specialists (such as shamans), this does not necessarily give that group the right to privatise the communal heritage.”( Dutfield, 2006) Remembering that a treaty or convention is considered of equal standing to a statute existing Algonquin Nation Title, Jurisdiction, and rights exist by way of convention, as customary law. This is well recorded and easily verified. The federal government also acknowledges that “the Algonquin Nation has occupied its Territory within the watershed of Kitchi-Sibi, now known as the Ottawa River, since time immemorial”…..and “the inherent and aboriginal rights of the Algonquin Nation and the aboriginal title of the Algonquin Nation have at various times been recognized by the Crown but never formalized by the making of a Treaty with the Algonquin Nation” and by tactic consent through agreement to negotiate an Algonquin Nation Treaty. (Protocol Agreement, 2004, http://www.blaneyalgonquin.com/files/algonquin/Protocol%20Agreement.pdf). The Protocol Agreement between the federal government and the Algonquins of Ontario, as part of the potential broader Algonquin Nation Treaty process, also states “will include a just recognition of Algonquin rights, title, natural resources and governance…” The principles of equality apply, which we interpret to apply to all persons of Algonquin ancestry from both provinces qualify for recognition in the process, regardless of province. In unceded Algonquin Nation territory, held under customary law and governance, as part of customary Law of Nations prior to colonial claims, it is imperative to discern aboriginal communities or others deriving their claims and assertions based on promises from the colonial entity versus those Indigenous Peoples claiming customary right and governance apart from the colonial assertions and institutions. We understand the unceded Algonquin Nation territory of the traditional Algonquin Nation, as One Nation made up of various allied jurisdictions, and according to its customs holds customary international rights in accordance of the Law of Nations and the Rule of Law. This territory includes the entire eco-region and ecosystems of the Kicthi Sibi, the Ottawa River watershed.

34 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Repressive Rule and Lack of Good Faith in Algonquin Nation Territory Requires Transitional Justice Approach Reliance on ethical conduct and community participation protocols without our participation breaches our right to free, prior, and informed consent compromises the effectiveness of the entire international legally binding Convention. While participation of indigenous and local communities provides for some expanded participation, if it is implemented without regard to the legal status of Indigenous Peoples affected in the specific situation, such as the Algonquin Nation situation, then there is a potential abrogation and derogation of Algonquin, aboriginal, or larger human rights and freedoms. Failure to implement even these rudimentary guidelines within Algonquin Nation territory has seriously compromised the integrity of all claim, consultation, and court processes within Algonquin Nation territory. The customary governance and sui generis properties of our intellectual property associated with of the Algonquin Nation model of customary governance and Sovereignty, and elements of our authentic history requires that the Community Protocols for Environmental Sustainability: A Guide for Policymakers. UNEP Nairobi and EDO NSW Sydney (2013), as community protocols are emerging as concepts in international environmental law and policy, be implemented as a more appropriate model to an Algonquin Nation specific process as part of a Truth Commission process. Failure to implement appropriate guidelines or provide for the full and effective participation of the Algonquin Nation according to the various protocols and required environmental and social impact assessments with authenticity and an effective and efficient monitoring and appeals process has caused immeasurable harm to many persons of Algonquin Nation descent and many of their concerned allies. It has cost the Canadians citizens significant amounts of public monies in the courts and in illegitimate processes that cannot meet the legal requirements. The Harper administrative State has not acted in good faith. “Harm associated with historical injustices continues today and thus must be taken into account. Many of the contemporary challenges faced by indigenous peoples are rooted in past wrongs.”(A/HRC/24/50) “The Expert Mechanism has recommended previously that, in providing redress to indigenous peoples for the negative impacts of State laws and policies, States should prioritize the views of indigenous peoples on appropriate forms of redress (A/HRC/21/53, para. 23).” “An avenue to explore with a view to attaining indigenous peoples’ access to justice are the processes and mechanisms associated with transitional justice.” Transitional justice approaches often integrate Truth Commissions concerned with:      

How societies emerging from conflict or repressive rule address the legacy of violations of human rights. Should be designed to focus on historical as well as contemporary grievances suffered collectively. Governments should consult in good faith and obtain the free, prior and informed consent of indigenous peoples for legislative or administrative measures that affect them. Culturally appropriate support services must be provided. Must ensure the participation of indigenous women and youth. Truth commissions must be accessible to indigenous peoples, which can include ensuring processes in indigenous languages and/or interpretation. States should work in partnership with indigenous peoples, particularly indigenous women, to determine the most effective strategies for overcoming barriers to access to justice. This includes helping to revitalize traditional justice norms and institutions. Indigenous peoples should ensure that all persons are effectively represented in transitional justice processes, especially women.

“Respect for the right to self-determination requires both recognition of indigenous peoples’ systems and the need to overcome historic factors and related contemporary factors that negatively affect indigenous peoples in the operation of State systems. At the national and regional levels, strategic litigation, complemented by outreach and advocacy, can help to expand access to justice and protections for other rights of indigenous peoples … Indigenous peoples should explore the organization and running of their own truth-seeking processes.” (Expert Mechanism advice No. 5 (2013): Access to justice in the promotion and protection of the rights of indigenous peoples) It is obvious that full and effective participation requires capacity and institutional reform. 35 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Expert advice at the international level recognizes this and suggests that:        Indigenous peoples should explore the organization and running of their own truth-seeking processes Indigenous peoples should ensure that all persons are effectively represented in transitional justice processes, especially women. Indigenous peoples should explore the organization and running of their own truthseeking The Declaration should guide the efforts of United Nations system entities and mandates, including the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. The United Nations should dedicate resources to the development and carrying out, in cooperation with indigenous peoples, of training on the rights of indigenous peoples in relation to access to justice for law enforcement officials and members and staff of the judiciary. The United Nations system should seek to expand programmes designed to support indigenous peoples to carry out strategic litigation to advance their rights and expand their access to justice. The United Nations should work with indigenous peoples to contribute to further reflection on and capacitybuilding regarding truth and reconciliation procedures for indigenous peoples.

The Study by the Expert mechanism states: “Relevant United Nations special procedures should monitor implementation of transitional justice processes to ensure that they respect the principles of the Declaration, and that States act in a timely way on truth commission recommendations and the implementation of reparations programmes for indigenous peoples.” It further states “National human rights institutions, in partnership with indigenous peoples, can play an important role in ensuring improved access to justice for indigenous peoples, including by encouraging recognition of and providing support for indigenous justice systems and promoting the implementation of the Declaration at the national level and to provide training on the rights of indigenous peoples in relation to access to justice for judiciaries.” There must be processes such as recommended established within the unceded Algonquin Nation territory. These processes must access the services of competent and independent experts. “United Nations bodies, including human rights treaty bodies and special procedures, as well as regional mechanisms, have highlighted the need for recognition of indigenous peoples’ justice mechanisms in legal systems. A key priority in reports of the special procedures has been indigenous peoples’ right to practice their own legal systems. For example, issues of concern have included: limitations on the jurisdiction of indigenous judicial authorities; requirements that persons who administer traditional justice have formal legal training; certification of expert elders; subordination of indigenous justice systems to ordinary justice systems; and the failure to raise awareness among judicial officials about indigenous peoples’ rights to administer their own justice.” (A/HRC/17/30/Add.3, paras. 80-81). The rational has already been established in Canada as the Canadian Human Rights Act requires that the Canadian Human Rights Commission and Tribunal and courts consider First Nations’ legal traditions and customary laws when applying the Act. Unfortunately no one has told the Algonquins or many other Indigenous Peoples in Canada. Further to the findings of the study “States should work in partnership with indigenous peoples, particularly indigenous women, to determine the most effective strategies for overcoming barriers to access to justice.” There can be no doubt. The logging cases and other issues of concern involving Algonquin communities from Quebec and Ontario, all regarding some aspect of traditional title, jurisdiction, governance, and traditional livelihoods and economies, all demonstrate that the Canadian administration has failed to ensure that they, the Algonquins, are adequately informed and resourced in order to be before the courts fairly. Access to justice in Canada for Indigenous Peoples requires an international intervention and the Algonquin Nation situation is pivotal to furthering appropriate reconciliation in a Canadian context.

36 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

Harper Administration Fails to Implement International Treaty Drafted for the Algonquins of Quebec interested in preservation of traditional governance. Paula LaPierre Principal Sachem Kichesipirini Algonquin First Nation Kichi Sibi Anishnabe Canada

37 Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right

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