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2018

ROUND
ONE
SUMMARY REPORT

L
LAND CLAIM /
TREATY PIKWAKANAGAN
NEGOTIATIONS
UPDATE
Page 1 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Page 2 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SUMMARY CONTENTS
REPORT Introduction 4 -7

ROUND 1 Negotiations
Beneficiary Criteria
8 - 21
17 -19

COMMENT AIP 20 -21
Indian Act 22 -23
CONCERN Self-Government 24 -29
Communications 30 -32
COMMITMENT Harvest 33
34 - 35

Q
Other
QUESTION Commitments 36

A
Survey Responses 37 - 45
ANSWER 46 - 90
Appendix

Page 3 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
ROUND ONE MEETINGS

FEBRUARY

28 - Commanda, Whiteduck, Baptiste

MARCH

7 - Kohoko, Benoit, Jocko

8 - Kingston

21 - Bernard, Tennisco

28 - Toronto

29 - Commanda

APRIL

11 - Sarazin

12 - Ottawa

18 - Amikons, Aird, Lavalley, Meness

SUMMARY MEETINGS

July 19 - Pikwakanagan

August 7 - Ottawa

August 10 - Kingston

August 11 - Toronto

Page 4 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
A NOTE FROM CHIEF Kirby Whiteduck
Kwey kwey,
We hope this report finds you and all your relations in good spirits.
We are excited to share this comprehensive report from our first
round of land claim/treaty negotiations update meetings and to
continue these discussions in future rounds of meetings.
We set out this first round to address a number of subjects that are
critical to treaty negotiations and the future of the Algonquin
Nation. These discussions and this report are part of an enhanced
strategy to communicate with AOPFN members and ensure that
the best possible decisions are made with all available information
and the support of AOPFN members.
This round of meetings made every effort to create opportunities
for more dialogue and was designed with the intention of
accountability and transparency in the work towards a Final
Agreement/Treaty. We hope that this renewed effort will bring us
the best possible resolution and a joyful, prosperous future.
Miigwetch,

Kirby Whiteduck, Chief
Photo by PJ Leroux

Page 5 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
STAFF
Executive Assistant
CHIEF + COUNCIL
Alanna Hein
Chief
Clerk/Assistant Kirby Whiteduck
DElores Kohoko Councillors
Presentation coordinator Jim Meness
Sarah Yankoo Wendy Jocko
AOO Administrative Assistant Steve Benoit
Sabrina Clark Ron Bernard
Barbara Sarazin
TECHNICAL TEAM Dan Kohoko
Contact
Legal
613 625 2800 x 228
Alan Pratt
chiefcouncil@pikwakanagan.ca

Page 6 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Sections of answers highlighted in blue indicate Questions marked with an asterisk (*) indicate that the
that the text was added after the meeting(s) to question was asked in multiple meetings. For example,
provide additional information or clarify the if the question has ****, it means that the question was
answer provided the meeting(s). This is to ensure asked four additional times for a total of five. In these
transparency, while also providing the most correct cases, the answer will be combined from all responses.
and complete answers.

Questions marked with (◉) indicate that the question was included in the Round One Summary Presentation.

Questions marked with (♦) indicate that the question was asked at a Round One Summary meeting.

This report contains all question and answers, comments, concerns and commitments that were raised during
Round One meetings as well as the Summary of Round One. We have done our best to reflect the content
accurately and completely. There are a few questions that were not included in this report as the answers are
confidential and may affect our success in the process of negotiations. These questions can be further explored in
future rounds of meetings and one-on-one with Council. The appendix documents are provided to enhance the
answers and satisfy the commitments made by chief and council to provide information to the membership.

Page 7 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS

Q Why are we accepting contact and colonial
standards for starting points in negotiation? Q Will our rights be extinguished with the Final
Agreement? ◉

There are legal expectations when proving title that None of the negotiating parties are seeking

A we have to adhere to. These are Canada’s
expectations, not ours. It is a cruel irony that this oral
tradition and proof of use and occupation of territory
A extinguishment of rights. 30 years ago negotiations
sought extinguishment. There are specific clauses
that were contained in past agreements that are
must be measured by the same force that destroyed
designed to extinguish rights.
it. We do not accept Canada’s standards, but we have
“The treaty is intended to clarify and constitutionally
to be mindful of the reality of legal and political
protect those rights not extinguish them.” - February
limitations. We have lost a lot of our oral history and
22, 2017 letter to AoPFN members
traditions through the efforts of the Canadian

Q
government. We are in negotiations because of a
series of broken promises and lack of honour of the What is the latest federal update concerning the
crown. land claim budget?
The Federal Government is talking about offering a

Q A
Does Pikwakanagan have a separate vote for
better package in terms of both land and cash. The
ratification of the final Treaty Agreement? What
budget announcement was that the loan money will
happens if Pikwakanagan votes “no”?** ◉
now be a forgivable grant. We are making a

A The parties will not commit to an AoPFN veto in
writing. We have always understood that a Final
submission to have all past loans forgiven. At the very
least, there will be no more borrowing taking place
to get to a final treaty.
Agreement could not be reached without
Pikwakanagan.

Page 8 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Q Has the cash settlement offer gone up with
inflation, cost of living, etc? ♦
NEGOTIATIONS
A Yes.

Q
How will the negotiations include members who

Q Has any of the cash settlement already been
invested? ♦
moved to a different reserve? ♦

A Yes. Some of the dollars have been invested in A They are still Algonquins and this is something we are
currently discussing.

Q
Rockcliffe village and we will receive a good return on
How will the implementation of the United
that investment

Q
Nations Declaration on the Rights of Indigenous
Will the money that will be invested bring back a People (UNDRIP) affect the negotiations? ♦

A
return? At what point does the money come back
to the membership and improve the First Nation UNDRIP does not include any guidance for
economy? ♦ negotiating the land claim. It does say that we have a

A It is expected that there will be sound financial
Q
right to Self-Government.
Are there other Nations who have negotiated a
management practices taken when investing any

A
monies from the financial component of a treaty. It is similar Treaty? ♦
yet to be determined how revenues could be utilized
Other examples of modern day treaties include
for the beneficiaries. We are contemplating ideas and
James Bay, Nunavut, many in BC, Nisg̱ a’a, others in
receiving suggestions such as pension for seniors,
Quebec. These agreements have evolved and
enhanced heart and dental, education for our youth,
improved.
etc. This has to be further explored. Membership
should have input as to how we authorize the use of The Five Year Work Plan can be disrupted by a
capital funds as well as the purpose. We all have to change in Provincial or Federal governments. ♦
consider the future membership yet to come as

Q beneficiaries as well.
What is our current AOO debt load? ♦ There could be a trust fund to help members

A $25 million as of the end of March 2017.
return home. ♦

Page 9 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Q Will the treaty recognize our sovereignty? ◉ NEGOTIATIONS
A
We will be able to assume ownership and control
over a number of areas on a nation-to-nation basis

Q
with Canada. It is not clear, since we have not entered Will we have title to the land selects that are
into negotiations for self-government, what areas of transferred to AOO/AoPFN?
jurisdiction will be under First Nation control. There We are trying to harmonize fee simple ownership

A
are also many different understandings of true and Aboriginal Title. It will be more control and
sovereignty. The Supreme Court has said that treaties jurisdiction than what is currently available through
reconcile pre-existing Aboriginal sovereignty with the the Indian Act. As of now, Ontario won’t budge on
assumed sovereignty of the crown. At its core, fee simple land designated for development.
sovereignty is self-sufficiency and sustainability; we,
as your leadership, are very committed to those
values. Q How is the AIP being used in current
negotiations?

Q
There is nothing in the AIP that is legally binding. It

A
How will the Final Agreement benefit children,
grand children and great-grandchildren of current is a political agreement to reach a certain level of

AoPFN members? ◉ understanding and continue to negotiation based
on that understanding. We are not using the AIP in
The Treaty will greatly increase our land base,

A
current negotiations. We are using a work plan
provide capital, access to economic opportunities,

Q
resource revenue sharing and far greater control over What land is referred to as “Specified Algonquin
our lives. Since we are past the stage of the AIP we Land” in Section 12 of the AIP ?
can now see specifically how our current and future Governance and taxation have been part of the

A
Algonquin citizens will benefit and be protected by discussion in negotiations for many years. However,
this agreement. It will never be enough, but we will this specific portion of the AIP has not been
continue to negotiate a settlement that will have as specifically revisited since 2012.
much benefit and security for the future of the Nation.

Page 10 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q
What are the improvements or enhancements being
discussed at the negotiation table?** ◉

A
We are expecting a detailed announcement in Fall 2018.
Council has shared letters received in response to our Q What are the plans to secure more land?*** ◉ ♦

There will never be enough land, but we expect that

A
requests and concerns following the AIP vote. We know the
some more land will be on the table. We don’t want to
provincial team has gone back to their cabinet. However,
push for more in such a way that risks that we get less.
the political climate for enhancements may no longer be in
We will negotiate to own and manage as much as we
our favour after the provincial election on June 7. The
can. This will include co-management of Algonquin Park
federal team will be going to their Cabinet to enhance their
and interest in other areas of land. Future meetings will
mandate this Fall. Discussions will centre on land, money,
focus on the land selects that Pikwakanagan holds
more flexible approaches to self-government, resource
either solely or jointly with other communities. We will
revenue sharing and beneficiary criteria.
be seeking feedback and direction from members

Q Is it possible to get a better deal in this process? Is it the regarding how much more land, which parcels and their
only process for settling outstanding land claims? ◉ potential uses. This will be a highly confidential

A
Our AIP was negotiated with the Harper government. If we discussion.

Q
did not sign the AIP to continue to negotiate we would not What is the reputation of the AOO amongst First
have had the opportunity to know what is possible with the Nation organizations?
Trudeau government. So far, negotiations have been Some First Nations and organizations do question who
positive and we are able to negotiate for what members
felt was missing or alarming in the AIP. We are to keep A the AOO is. There is widespread criticism and many
think they are fraudulent. Many other First Nations and
pushing for a better deal and we will carefully examine the FN organizations believe you must be a status Indian to
new federal initiatives. We are hopeful that the new be party to negotiations and consultations. However,
mandates of Ontario and Canada will lead to a much the majority of the AOO reps (11 of 16) are in fact status
improved package. Indians. All modern Land Claim Agreements include
non-status beneficiary criteria.

Page 11 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q
What is the difference between Algonquins of

Q
Ontario (AOO) and the Algonquins of
Pikwakanagan First Nation (AoPFN)?** ♦ Is Council paid by the AOO?

A A
AoPFN is part of the AOO. We are one of ten Council is paid through the negotiation process at the
communities negotiating. Under the constitution we AOO. Kirby receives an additional honorarium from the
are recognized as Aboriginal people, the other AOO First Nation as chief. We chose this to save the First Nation

communities are not. After the Final Agreement is money.

Q
signed, the other AOO communities may be Can the AOO continue to negotiate without
recognized under the constitution at the same level as Pikwakanagan? ◉

A
AOPFN. AOPFN would remain a distinct recognized
It is understood that the Negotiations cannot continue
First Nation and if we negotiate a Self-Government without Pikwakanagan as we are the ones who began the
agreement, we would continue as a distinct First claim. Canada and Ontario need to achieve some
Nation with self-governing powers and determine our appropriate form of certainty about Algonquin
own membership etc. The other AOO communities Aboriginal rights and title and this cannot be achieved
would not have the same status as AOPFN. without Pikwakanagan. On the other hand, it is also

Q Our rights are different from the non status necessary to have the participation of non-status
Algonquin at AOO. How do you rectify that? Aboriginal rights holder.

A
Because Pikwakanagan members are “Registered
Chief and Council represent Pikwakanagan members
Indians”by the Government of Canada, we are “Status
and we are mandated by the membership of
Indians” and our 1983 Petition to talk about our Land
Pikwakanagan. There are AOO voters that are
Claim was accepted by Canada. The non-Status people
members of Pikwakanagan. Canada and Ontario are of
are those who have not been “Registered” and are not
the opinion that all beneficiaries will have the same
recognized by Canada as “Indians”. Canada will not
treaty rights after the Final Agreement is completed.
negotiate an Indian Land Claim with non-Indians.

Page 12 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q
Is Self-Government included in the negotiations? Is
Pikwakanagan the only community negotiating self
government?
Q Will money ever be distributed to members individually

A Yes, the Federal government is insistent that Self- (per capita)? Who makes the decision? ** ♦

A
Government be negotiated as a part of the Final
Is is council's position that per capita payments are not in the
Agreement. Yes, Pikwakanagan is the only First Nation
best interest of future generations. The funds should be held
and as such is the only AOO community that will be
in trust and part of a business plan that will include
negotiating self-government.
investment and creating and keeping programs for all

Q How does council get a mandate to negotiate
specific elements of the Final Agreement?
members.

We don't see a major benefit in doing a per capita

A
We will consult the membership and seek direction and distribution. There are reports that the Williams Treaty
guidance on proposed elements. settlement recently announced will have a distribution, if we

Q
want this; we should proceed on this as a major new item to
How much more money could be offered? Is there a
time frame for the transfer of funds? *♦ be negotiated and not simply deducted from the current
offer of 300 million.

A
The amount in the AIP is 300 million, which would be
Examples of other settlements that included per capita
350 million with interest. We still have to negotiate the
payments are provided in Appendix E.

Q
debt. We are pushing for more money and there are
indications that there will be more. At this point we do What is the 5 year work plan? Does Pikwakanagan have

not know much more. its own work plan or just AOO?** ◉

A
We were here before contact. That should not be the A summary of the 5 year work plan is available in Appendix
measure of our presence/occupation of our territory. F. Council has identified Pikwakanagan priorities within the
AOO work plan. Negotiations are only part of what council
The Canadian government will look out for their
must plan for and the FN Administration has various work
rights only. They will not negotiate in fairness.
plans that council is attentive to or responsible for.

Page 13 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q If we walk away from the Negotiations now,
what will happen to the $ already spent? ◉

A Q
Negotiations are currently being funded by grants How will we pay the taxes if we develop settlement
not loans. There continue to be discussions about lands? How will we fund this development?
forgiving past loans for our negotiations. If past

A
Different areas and plots will have particular
loans are forgiven, the future costs of the
arrangements for development and taxation. We still
negotiations will be granted as well. It is our
have to negotiate these specifics.
objective to secure this for the Final Agreement.
When the AOO was established, we secured a
forgiveness of past debt. If negotiations fail,
negotiation debt stays on AOO books and not
Q How will member owned private lands be affected
by the Negotiations?* ◉

A
Private lands, whether member-owned or otherwise
AOPFN’s.

Q
held, will not be included in the treaty land selects. There
Will the First Nation still receive $ from the will be more discussion about how member-owned
government if the land claim is settled? private lands can be included or excluded in First Nation

A
This is yet to be negotiated. Details will be in the Jurisdiction(s) (i.e. for taxation purposes) as we enter in
self-government negotiations and agreement(s). If to negotiations for Self-Government.

Q
we don’t pursue self-government, the reserve will Will the reserve expand? Will it include Pakottina
continue as is. Trail or county forest(s)? * ♦

Q How will the negotiations address the resources,
lumber and water rights?

We are seeking revenue sharing agreements in
A
The reserve can expand and will be constitutionally
protected if we negotiate a Self-Government agreement.
Pikwakanagan can have a self-government land base.

A many areas. Also stumpage fees and mining rights.
This may be better suited to the self-government
agreement to add to the FN revenue. There can be
The Pakottina trail can be whatever is negotiated and can
have no municipal involvement whatsoever if that is what
the members decide. Only Pikwakanagan FN will have
resource revenue sharing in both the final authority over that land base.
agreement and self-government.

Page 14 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS

Q What is “fee simple”? ** ◉ ♦

Fee Simple is the highest form of private land
Q Have any First Nations ever reopened a Treaty?

A
The Robinson Huron Treaty is being revisited currently.

A
ownership in Canadian law. We are working to see
The challenge is based on the fact that treaty rights have
if we can negotiate a version of land ownership that not been fulfilled. This is focused on the annuity in
recognizes Aboriginal Title and Land Rights that are particular and the value of the land that the payment is

Q
secure and constitutionally protected. based on. If the challenge is successful, the annuity will
Will the settlement lands be “fee simple”? ◉ increase. Nunavut could also be an example of a

A
“reopened” treaty.
Government’s position is that the lands will be fee

Q
Is the First Nation liable if we do not fulfill our
simple. We are looking to negotiate Title.
promises?* ◉

Q Will we have title to settlement lands?

We are trying to harmonize fee simple ownership
A Yes, we could be, just as we are today. We will seek to
ensure that any liability is zero or limited as much as

A
possible. We must be diligent. We will of course seek to
and Aboriginal Title. It will be more control and ensure Canada and Ontario keep and fulfill their
jurisdiction than what is currently available through promises.
the Indian Act. As of now, Ontario won’t budge on
fee simple land designated for development.
Q What if Government changes during the 5 year work
plan?

Q What is the plans for park lands?
A This plan has been here since Bob Rae.  Now it will be up
to Doug Ford. This was a unique opportunity with the

A We are negotiating for co-management of parks. Liberals power in Toronto and in Ottawa. We did
succeed with getting Ontario to adopt a new mandate.  

Page 15 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
What succession planning are you doing for NEGOTIATIONS
Q youth and younger children right now? Can
succession planning be funded by the
implementation budget as part of the land claim
Q What are our “inherent rights”?*

A
negotiation process? Read Justin Trudeau’s speech in Parliament on Inherent

A
We want to encourage youth to pursue careers that rights Policy and Comprehensive Policy a New
will lead to their own personal success and the Framework of Section 35 in appendix G.
sustainability of the nation. We will need all kinds of
skills and training in both the administration and
Is there a legal process or legal realities that we

Q
the treaty. We need to review our succession
should be aware of when the treaty is ratified or if
planning, Human Resources and retention policies.
there is no agreement?*
This is something that will be part of the
implementation of the treaty and/or self-
government A Our TAG team on top of this and will ensure we are
aware of these as we continue to negotiate.

Page 16 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q
Is the beneficiary criteria going to be tightened
or amended before the Final Agreement? * ◉ Beneficiary Criteria
Yes, there are ongoing discussions about how the declaration, including the identification of the particular

A criteria should be changed. It is Pikwakanagan’s Algonquin Collective to which he or she has a Cultural or
position that the criteria must be tighter and Social Connection, as well as providing some general
beneficiaries have to be part of the original nation information about the nature of that connection.
or collective to be enrolled.

Q
“The objective of the negotiations is to protect Would Pikwakanagan members meet the proposed
Aboriginal rights, and at a minimum, benefit stricter criteria? ◉
Algonquin Aboriginal rights holders.” - Dec 5, 2017

A
It is understood that anyone who is a member of AoPFN
Letter
would be a beneficiary. (If the criteria was applied to
Pikwakanagan members, there are probably some who
What is a “present day social/cultural

Q connection” as it is stated in the current
would not be able to meet the other stricter criteria)

criteria? * ◉
Q Is there going to be a blood quantum requirement? ◉

A
This area of the criteria is too weak in our opinion.
We are pushing to amend and tighten up the We are trying to be sure that we are strict enough without
criteria. There needs to be stronger and more
continuous connection to a First Nation and/or A excluding people. The courts have not supported blood
quantum and a blood quantum cut off was not supported
last time it was proposed for this claim. However, if AoPFN
Aboriginal rights holding “collective” over time. In
the application process for Voters in the ratification members want a blood quantum cut off, we can explore
vote, an applicant was asked to complete a that again.

Page 17 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q Will Pikwakanagan have the final say as to who
is a legitimate Algonquin? **** ◉
Beneficiary Criteria
genetically Algonquin. There are also members who are

A
AoPFN is a large and often defining voice on the not genetically Algonquin but are registered through
development of the criteria. We are not going to adoption.
ask people to vote themselves off the list. It must be

Q
How do you verify people on the voters list/
a democratic process where Algonquin people
beneficiary list are actually Algonquin?*
decide who is a beneficiary. The likely format is a
Ratification committee that consists of three parties. A part of the current criteria is showing Algonquin descent
The appeal process and format must also be
finalized. A from a list of verified Algonquin ancestors. A person must
provide documentation ie. birth, baptismal, marriage,
death records etc that prove a line of descent to an
Other ANRs and their communities know that the
Ancestor; how strong a line is yet to be determined.
claim will not move forward without a criteria that

Q
satisfies AoPFN members and leadership. It is How will the Ratification/Beneficiary committee be
AoPFN position that Algonquin Aboriginal rights formed?
holders will be the ultimate beneficiaries of the

A
claim. Right now there is an Algonquin Nation Representative
(ANR) group that works through these committees. We will

Q Can you have aboriginal rights without having
blood? ◉
ensure that the committee or any other body that is
formed to work on beneficiary criteria are [include] rights
bearing Algonquin people. Previous committee made up

A
There are non-Indian people who were married of CDN, ON, AOO. It is in AIP that it will be this
before 1985 who have Indian status and composition for a number of years, following that it will be
Pikwakanagan membership who may not be the Algonquins.

Page 18 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Beneficiary Criteria
How are non status children of Pikwakanagan

Q members going to satisfy the AOO enrolment
criteria? There are people on the band list who have no

They will go through the process of direct lineage. It Algonquin descent (i.e. Marriage pre 1985,

A is understood that all Pikwakanagan First Nation
members (and their descendants) will be eligible to
adoption).

The AOO is recognizing people that are not
be beneficiaries Algonquin.

Q Does AOO give people Aboriginal rights?
AOO members are not Pikwakanagan members

A
AOO does not give anyone rights. and their concerns are not ours.

Q
Are AoPFN members automatically registered
with AOO? There will be more appeals of people on the AOO
voters list.

A
No. AoPFN members must register themselves with
AOO. Set the beneficiary criteria up that protects the

Q
Are there non-status voters enrolled in AOO that family lines who can prove to be Algonquins.
connect themselves to Pikwakanagan?

A
Pikwakanagan members may not meet the new
Yes, for voting purposes on the AIP. proposed criteria.

If Section 87 is removed, there will be property People from the other AOO communities who
tax on reserve. may not meet the stricter criteria should not be
involved in creating or approving the new criteria
Beneficiary Criteria will tie up negotiations for
or the appeals process.
another 20 years.

Page 19 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Q Why is there an AIP?
NEGOTIATIONS
Agreement in principle
A
The AIP is one of several steps in the negotiation

Q
process. If the parties have reached an agreement in Why was the AIP signed when the majority of
principle only it means that they have not yet finished Pikwakanagan voters voted “no”?**
agreeing, for instance: where the parties make their

A
During the Harper government, it was decided that
agreement subject to details or subject to contract; or despite the flaws in the AIP we needed to continue to see
where so many important matters are left uncertain if a new government may offer a better package through
that their agreement is incomplete. It is merely an negotiations. We needed to put the AIP behind us to
expression of intent and has no legal significance enter in to these next phases of negotiations. Council
whatsoever. acknowledges that the effort to communicate to

Q How did council decide to sign the AIP? members during this time was not sufficient. Council tried
to find resolution or assurances regarding member

A
The reason and process was outlined in a letter dated
concerns from ON & CDN. It is unusual for an AIP to be
July 18, 2016 and this is attached in appendix H.
put to a vote and it has only ever happened in one other

Q If the AIP is non-binding, why did it need to be situation. The reason and process was outlined in a letter
signed? dated July 18, 2016 and this is attached in appendix H.

A It is a step in the negotiation process. The government
of the day, the Harper government, was pressuring the Q Will there be another vote on the AIP?

process. If we did not sign we would not know what
might be available in an improved package. The AIP A There will not be another vote on the AIP. There will be a
vote on the Final Agreement.

was signed to reach an understanding and political
commitment from the parties to continue to negotiate. Q Are we limited to the 117 000 acres as it states in the
AIP?

A
Nothing is fixed; we are not stuck with the land An increase to the available land for selection is part of

quantum or self-government, for example. what we have requested as an “improvement” following
members’ concerns.

Page 20 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
NEGOTIATIONS
Q
If the AIP becomes a treaty will our tax exempt
Agreement in principle
status be the same?**

A Q
The AIP will not become the Treaty. If land taxes for What is council’s opinion on Brian Crane’s letter
members are not a part of self-government regime, and response (Appendix H) to the concerns put forth
we say no, then no taxes. Tax exemption is not an following the “no” vote on the AIP?

A
Aboriginal right, but a legislative right for on-reserve
Ontario’s position is not Council’s position. Ontario’s
status Indians under the Indian Act but taxation
position was that it will no longer be a reserve and that
continues to be part of the discussion in our
it will be fee simple land under a self-government
negotiations.
agreement. We do not have to accept Ontario’s

Q What land is referred to as “Specified Algonquin
Land” in Section 12 of the AIP ?
statement.

A
Governance and taxation have been part of the Membership voted “no” on the AIP. Continuing to
discussion in negotiations for many years. However, this negotiate after membership said “no” does not

specific portion of the AIP has not been specifically inspire confidence in leadership. Negotiations
revisited since 2012. should not have continued until issues were

Q
resolved to the satisfaction of membership.
What does it mean when the AIP says our rights will
be “modified”? The “no” vote did not necessarily mean that

A
We are seeking recognition and protection of our rights membership wanted council to stop negotiating,
and title in the 21st century. The exercise of rights but that there should be more open discussion with
change over time and we want to protect the changes membership about their concerns.
of how we exercise their rights much like the Nisga’a did
The government does not usually sign something
in their modern day treaty
that is non-binding.

Page 21 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
INDIAN ACT

Q What will Descheneaux’s impact be on the First Pikwakanagan. Under a Self-Government agreement
Nation? ◉ these children and future children can be members of
AoPFN even though they might not have Indian Status.

A
Bill S—3 provides flexibility for the Indian Registrar

Q
to consider various forms of evidence in When the land claim is settled, will there still be 6.1
determining eligibility for registration in situations and 6.2 Status Indians? ◉

A
of an unstated or unknown parent, grandparent or
other ancestor. The Bill also includes provisions A land claim settlement will not affect how the Indian
that will remove the 1951 cut-off in respect of the Status provisions work. If you have Indian Status now you
cousins. This amendment will come into force at a will not lose it if there is a treaty. No additional status
later date, once consultations with First Nations are Indians will be created through the land claim process.
completed.
It means that there will be more person’s eligible to Our election code was an example of working outside
the Indian Act.
be members of the First Nation. This is in addition
to those eligible after the McIvor decision (2011). Those who lost status before 1985 and regained status
This will put further strain on F.N budgets such as through C31, C-3 (McIvor) and S-3 (Descheneaux),
Post Secondary education and Social Services etc. extends to three generations or more. Those who
never lost status or have two status parents only

Q Will children and grandchildren of current FN
members be status Indians? ◉
extends to two generations. This is still inequality.

Living members are currently the end of the line as per

A
Indian Status provisions.
Right now under the Indian Act there are children
and grandchildren who do not and are not eligible Our goal should be to get out from under the Indian

to be status Indians and are NOT members of Act.* ♦

Page 22 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
INDIAN ACT
Q
Is there any way to change the 6.1 or 6.2 designation?
Does the First Nation control this?♦

A
Chiefs of Ontario (COO), that includes AOPFN, which
The Indian Act is Federal legislation and we are not able
fought for point of sale tax exemption to be part of
to change it. The First Nation does not have access to or
provincial policy. Other provinces require that the
control of the registration of Indians under the Indian Act.

Q
goods be delivered to a reserve.
Will the Indian Act system of classification (ie. 6.1 and
Section 87 of the Indian act says that the “personal
6.2) be a part of the treaty’s beneficiary criteria?♦
property of an Indian or a band situated on a reserve”

A The beneficiary criteria will be developed by the
Algonquins, not the Canadian Federal Government. We
can develop a criteria that will provide for all our
is tax exempt.

descendants. The Indian Act does not recognize or
provide for all our descendants. Q Can Status Indians from other communities transfer
their membership to AOPFN if they are married to

Q an AOPFN member? ♦
Will the non-Algonquin women who gained Indian
Status through marriage ever have their status taken
away? ♦
A You can bring a partner to AOPFN as a resident and
their registration as an Indian cannot be transferred to

A When a person is given status, it cannot be taken away.
We could explore this topic more through Self-
AOPFN without a resolution from their own reserve.
There must be a resolution supporting any transfer
from AOPFN and the individual’s own First Nation.
Government.

Q Is our point of sale tax exemption valid in other
provinces? ♦ We are breeding ourselves out of existence having

A
children with non-native people through the
Ontario is the only province that honours tax exemption
provisions in the Indian Act.
at point of sale. This was accomplished through the

Page 23 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SELF-GOVERNMENT

Q Will Pikwakanagan become a municipality under
self-government? ◉ Q How will Self Government be economically
sustainable for Pikwakanagan?*** ◉

A No. Self-government lands will be under FN
jurisdiction. Outside of Self-Government lands, there
will have to be compromise with the surrounding
A We do not have to assume control or fiduciary
responsibility for everything. Self-Government could
be sectoral. For example, we can negotiate certain
municipalities for zoning, by laws, etc. Ultimately, it is controls within health, education, economic
up to the membership to decide what kind of development. We are also discussing opportunities for
ownership or regulations for self-government lands our share of alcohol, cigarettes and gaming taxes that
will be negotiated. Under the Indian Act, the Crown could help enhance the revenue for the First Nation’s
owns the land in trust for the band. Under Self- economic independence.

Q
Government, the First Nation could own the reserve
How will AoPFN’s plans for self-government differ
and have more complete jurisdiction. It is possible to
from current Indian Act leadership/government?
negotiate a version of title to the land rather than fee
simple as CDN and ON governments have

A
We know that Indian Act governance will eventually
proposed; this form of ownership is beyond what is result in our extinction. We also recognize that the
available to any municipality. Indian Act does not allow us to have the jurisdiction
and control that we should have. We will focus our
Currently the federal negotiator is seeking an
chosen style of governance on those who have
enhanced mandate to be able to negotiate in a
Aboriginal rights whether we choose to pursue self-
more flexible way.
government, land claim settlement or the Indian Act

Page 24 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SELF-GOVERNMENT

Q Will First Nation members on reserve be taxed?*** ◉ pushed for self-government agreements. Ontario is

A
currently seeking a mandate. We expect that the
Under self-government we could negotiate long-term
limits of both Canada and Ontario’s mandates will
fiscal arrangements to ensure we could have adequate
be unacceptable to Pikwakanagan.
funds for providing services. Changes to taxation are yet
However, we hope the mandates of both Ontario
to be discussed and are still in exploratory stages. There
and Canada may be changing to permit more
are several options to discuss for taxation. There are 26 flexibility. It was a previous position of government
Self-Government agreements in Canada now. We are but may not be the case with the new government
learning about these existing agreements and trying to mandate.
educate membership about the outcomes for those other

Q
First Nations and how that may translate to AoPFN. We What areas of jurisdiction is the First Nation
have not begun to negotiate self-government. To do so, planning to negotiate? ◉

A
we will need a mandate and dialogue with membership.
We surveyed the membership in 2016 asking what
Ultimately, if AoPFN does not want taxation, then there areas we should pursue. We will be renewing this
will be no taxation of members on reserve. If your Council discussion and seeking direction in Fall 2018. Some
does tax you, you can protest and vote/toss them out in potential areas of jurisdiction were listed in Part Two
the next election. of Round One (Appendix C)

Q Can we negotiate self-government without the land
claim? ◉
Q Will there be a separate vote for self-
government? ◉

A
Yes, there will be a Pikwakanagan members only

A
Under the existing government mandates, we can’t have vote on self-government. This was an issue around
self-government without a treaty and there will be no the AIP vote and we got this clarification and
treaty without self-government. Canada has historically commitment.

Page 25 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SELF-GOVERNMENT

Q Does council promote self-government? ◉
Q
Is the First Nation going to tax off-reserve
members?

A
Council views a good agreement on self-government as

A
No. However, we may be able to negotiate for a
the most viable and likely alternative to the Indian Act
portion of off reserve members’ taxes to be directed
besides the treaty negotiations. In light of Prime Minister
to the First Nation for services, programs or benefits
Trudeau’s recent announcement of a new framework for
that are rendered for off reserve members by
indigenous rights and reconciliation legislation, Council is
AoPFN. No proposed taxation plans have been
hopeful that we will have better tools and a better
developed.
political support for self-government negotiations.

Q
Council hopes to secure a mandate from membership to Can the First Nation enter in to agreements with
enter in to preliminary negotiations so that we can all Municipality, Province or Federal Governments
understand what a self-government agreement will for a share of taxes?

contain and thoroughly analyze whether this is the best
future for the community. We are also securing funding to
explore and gather information for the membership to be
A This is something that we have considered and
begun to explore. It is difficult to achieve politically
since there is unlikely to be support for a share of
able to make the informed choice on a self-government their taxes or an increase in taxes to private
mandate. property. It is possible that we can negotiate
resource revenue sharing within traditional territory.

Q
Will Algonquin Law(s) be recognized through self-
government? Will our laws be subservient to Canada/
Ontario? Q When will Council be asking membership for a
mandate to begin self-government negotiations?

A A
The Federal and Provincial law may overlap, but We expect to begin discussions in the next round of
Algonquin laws will prevail and we are not under federal meetings and seek a mandate before the end of
authority. 2018.

Page 26 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SELF-GOVERNMENT
Q Where will members be able to read the proposed
taxation plans?

A Q
If we are given a mandate to negotiate Self-Government If we own land in Algonquin Territory (Pembroke,
that may include taxation we will draft clauses and plans for example) for economic development purposes
in consultation with the members. and we are self governing, would that be self

Q What would happen if off reserve members stopped government land or fee simple land to
Pikwakanagan?
paying taxes?

A
Under the current system this would be up to the federal
or provincial government to enforce penalty. Currently, if A Canada and Ontario would want it to be fee simple
but we would try to negotiate it to be Pikwakanagan
Self-Government lands for economic development
you refuse to pay your taxes to the governments and
don’t take steps to resolve your unpaid taxes, the CRA purposes if that’s what the members want. We will
always try to negotiate tax exemption.
can take legal action against you. It can:
1. “Garnishee” your income or bank account, which
means that some or all of your pay cheque could go
straight to the CRA, or Q If I currently have a CP on my land, will that land be
fee simple under self-government?

A
2. Seize and sell your assets to settle your tax bill. If this is what is negotiated for Pikwakanagan’s Self-
Government agreement, then land will be converted

Q When will you be asking membership for a mandate
to begin self-government negotiations?
to fee simple under AoPFN authority. If land is fee
simple under AoPFN authority then we would own it

A
We expect to begin discussions in the next round of together. Municipalities would not own it or have any
meetings and seek a mandate before the end of 2018. control or authority of our Pikwakanagan Self-
Government lands.

Succession planning needs to happen immediately as We need a better retention process so that skilled
we are missing opportunities with students graduating workers do not leave the First Nation to seek
and soon to graduate high school. opportunities elsewhere.

Page 27 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SELF-GOVERNMENT

Q Who provides the mandate for AoPFN to negotiate
Self-Government? Q Is there a possibility that we will finance our own
education?

A Only AoPFN membership will provide council with the
mandate to negotiate self-government. A It is possible that we can enhance our funds for
education through self government negotiations.

Q Does Self-Government only apply to the reserve?
Self-Government could also apply to our settlement lands
Q
When the self-government agreement is signed,
do we become self-governing on that day or is
there a plan up to 15 years to become self-

A
secured through land claim negotiations. We could also
governing?

A
pursue a mandate to seek certain jurisdiction within
It will depend on what the people want and what can
Algonquin territory.

Q
be negotiated.
Any thought on a proposed consensus of an
arbitrator?
Q Will there be a separate vote for self-government?

A A
We still have to have a lot of discussion on this. Yes, there will be a Pikwakanagan members only vote
Arbitration can be built in to the process(es). However, on self-government.
adjudicators decisions are final and may have legally

Q
binding implications for the parties. There are also limited Will there be a policy for land management,
rights of review and appeal. education, health, resources: lumber and water

Q W i l l t h e g o v e r n m e n t s t i l l h a v e a fi d u c i a r y rights, etc?

A
responsibility if we accept self-government? We have to begin to negotiate which powers we want

A
It is yet to be determined through negotiations. For and policies will be developed once negotiations are
example, health would still have OHIP. We may be able to near an agreement.
negotiate more funding support for education. AoPFN is not like any municipality
Aboriginal title is better than fee simple

Page 28 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
Could AOPFN have its own police force if we choose SELF-GOVERNMENT
self-government? ♦

Q Other Ontario First Nations have a tripartite agreement
Q Under self government would my grandchildren be
members of Pikwakanagan?

A
with COO, Federal and Provincial governments to
We want to negotiate our own membership rules in a self-

A
provide funding. In our case, they said there was no
government agreement. This means we would not have to
more funding available at this time. However, this can
adhere to the requirements for Indian Status. Whatever
be a topic for negotiations.
criteria we create for membership must allow for
Will we still have a Chief and Council if we pursue descendants of current Pikwakanagan members to

Q
Self-Government? ♦
continue membership in to the future
This is up to the members to decide. All other First

A Nations with Self-Government agreements have chosen Inequities related to registration and membership under
to continue with Chiefs and Councils. the Indian Act and the impacts on the community will be

Is there a system for AOPFN to be involved in the focus of future discussions. Members will be consulted

Q development projects in the settlement area?   Can on how best to ensure unintended consequences are

members be notified of possible projects in there mitigated with the implementation of any Legislative

area? ♦ changes.

Currently, Pikwakanagan’s Economic Development

A department, along with council are working on
developing partnerships with businesses and
proponents. Members can be notified by our weekly
newsletter, website and meetings. We may decide to
directly inform members who live close to particular
developments if we have their addresses.
Photo by PJ Leroux

Page 29 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
COMMUNICATIONS
Q Will there be community meetings?* ◉

Yes. There was a summary of Round One that was a
Q Are Non-Status people allowed to attend these
meetings?

A A
membership/community meeting. We are exploring Non-status people are not allowed to attend these
a variety of ways to dialogue with membership so meetings. Residency does not equal membership.
that all styles of learning and communication can be There is confidential information relayed that is for
accommodated. members only. If they are a spouse of a member or

Q
that member needs assistance during the meeting, we
Is the presentation to off-reserve members
will asses this on a case by case basis.
different? ◉

A The presentation is the same on and off reserve.
Q Why is there no slide in the printed presentation on
the legal opinion?

Q What is happening with the communications
officer?
A
This section contains confidential information, a legal

A
opinion, and we do not want to have this information
This position is currently under review.
circulated. This information is just for members and we

Q Whose job is it to relay the correct information to do not want government to have access. Since we are

membership?* in negotiations, not in court, we have to be careful
about what information is circulated.

A
It is a shared responsibility amongst council, staff
and members to share the correct information. The Without a treaty there is no certainty and we do not
position of Communications Officer will soon be want to betray our position and information in
posted and the website is now being redesigned. negotiations.

Page 30 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
COMMUNICATIONS

Q What if you do not want your name on the survey?
The responses to the survey will not be made public. We Q
Can AOPFN develop an email list serve to reach
members who may prefer digital communication

A are exploring options for allowing anonymous responses.
However, these options are usually expensive and require
A
or do not have a permanent mailing address?
Absolutely.
us to provide this information to a third party and this is
not a reasonable option either. If we allowed anonymity Meetings are better when there is dialogue
with the current survey tool, it would be impossible to amongst members and leadership.
verify the responses and ensure that duplicate or
Members do not need to hear as much history,
deliberately disruptive responses have not been
would prefer to focus on current issues.
submitted to influence the results in any particular way.
For future meetings, focus on one topic. ◉ ♦

Q
How can members share information amongst each
Smaller meetings are better for discussion
other? Can members be provided mailing addresses
or contact info for other members? It is good to see all of council out at these
meetings.
Due to confidentiality issues we are unable to provide

A personal and private information to others. Members can
use social media, attend events or seek connections Did not receive invitation to meeting. ◉
through family and friends. There are several examples
of member-organized information sharing on social
Not live streaming or providing digital access to
media.
i n f o r m at i o n / m e e t i n g s i s a w e a k n e s s i n
negotiations. ◉

Page 31 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
COMMUNICATIONS
Can members attend meetings in either the cities or

Q on the reserve? How do members ensure they are
notified of their family meeting on reserve if they are
Q Will meeting materials be made available to
members who were not able to attend these
living off-reserve? ♦
A meetings?

A Q
Yes, members can attend any meeting on or off-reserve. Yes.

Members can request that their name be included on the Can members attend any meeting, on or off
list for their family on reserve by calling or emailing their
request.
A reserve? ♦

Q Yes.

Q
Can the survey accept responses from mobile
Will members see the five year work plan?* ♦
A devices? ♦

A Q
Yes. Yes.

A
What will the topic be for the second round of
What is council’s plan to heal the divide(s) in the

Q
meetings?
community and encourage members to attend these Beneficiary Criteria.
meetings?

A
Ultimately it is up to the individual to decide whether to
There are Metis groups in the Ottawa Valley.
attend or not. We have offered incentives or gifts in the
Often they are Algonquin people who do not fit
past and we now offer snacks or a meal. We are trying
in anywhere. ♦
several different approaches, times and locations to
accommodate the needs of different members. We did
expect more members to attend these sessions. AOPFN should have a radio station. ♦

Page 32 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
HARVEST
Q What is happening with the Metis issue? ◉ Algonquin Aboriginal rights and title if it had gone against
us. We intervened and helped avoid this result.

A
The Metis issue is an important one that we are going

Q
to go to court to defend. Ontario has recognized a
Why are we not taking allocations of deer and elk
“historic” Metis community in Mattawa which is in
before the provincial hunt?
Algonquin territory. We have expressed to Ontario

A
that we oppose this recognition and we have facts There has been a process to determine the Algonquin
and research to support our opposition. We served a allocation for sustainable harvest. This has been in place
Notice of Claim in June and will be filing a Statement since 1995 and is a joint harvesting plan with MNR.
of Claim in Court in August to challenge Ontario’s Algonquins have only been harvesting approximately 40%
recognition of Metis harvesting. of the sustainable limit; either people are not harvesting as
much or they are not reporting. The sport hunt only goes

Q Are flyovers done in territory to determine and
manage the moose population? ◉
for 10 days. The current allocation system and sustainable
limits are currently being reviewed.

A
Moose Aerial Inventories (MAI) happen every so many
years for each WMU including Algonquin Park to Q What was the impact of the 1930 transfer agreement

A
in the prairies?
determine moose populations and harvestable
numbers of moose per WMU. We believe that more of It took away treaties and expanded where they can hunt.
these are required to provide better data for
sustainability for future generations. Q Has there been clear-cutting in the park by Achray?

A No.

Q What was the impact of the Cote case on our
harvesting? ◉ Practices should be sustainable for future generations.

A The Cote Case was a very important serious situation.
This 1996 case could have wiped out most of
We are not pushing our rights and responsibilities to
harvest and manage populations.

Page 33 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
OTHER

Q
How many consultations have been done between There was a constitution drafted for the First Nation in
government(s) and ourselves in the last year? Who 2009. Has it been reviewed, used or amended by

Q is the point person on the First Nation? Does AOO
act as the primary filter or does it go to Chief and
membership? ◉

A
Council? ◉ This initiative did not move beyond a draft. We did get a
lot of feedback. We will have a partial, interim constitution
There are dozens of consultations through the office

A
that everyone will vote on before the final agreement.
in Pembroke on land dispositions with both the
federal and provincial governments. It all gets
referred to the Pembroke consultation office. A select
few consultations are directed to AoPFN; gravel pit
Q What is Pikwakanagan’s relationship with Quebec First
Nations?* ◉

A
assessments, roads, etc. We receive all the studies Quebec First Nations do not respect or acknowledge the
AOO. This does create a division and a challenge in our
and documentation that is presented to AOO. Most of
relationship with Quebec First Nations.However, we have
the consultations have to do with public safety.
been meeting with the chiefs of the Quebec Algonquin
There is no Aboriginal veto in the process of
First Nations on a number of initiatives and projects in the
consultation and there are not many cases that
Ottawa area over the last 2-3 years. In spite of some of our
consultation results in the outcome sought by the
differences we get along and respect each other. We will
First Nation. The Energy East pipeline is a recent
continue to meet.
example of consultation where the First Nation spent
a lot of time gearing up for consultation and seeking There are a lot of consultation requests for Council to
accommodation and the project ended up being handle.
dropped.
The Zibi project did not employ as many members as
There are details about specific consultations and promised.
process on the Tanakiwin Website.

Page 34 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
OTHER

Q How big was Algonquin Traditional Territory at time
of Royal Proclamation?
Q
What is it that makes us Algonquin and
distinguishes us from mainstream Canadian

A
There are a number of descriptions available to us and culture/society? ♦

A
they have all informed our current definition and
Our ancestors were here first and we continue to
boundaries for negotiations. See Appendix ? For a series
have pre-existing Aboriginal Rights.

Q
of maps outlining Algonquin territory.

Q
Who is our Grand Chief? If we were to build a school on the reserve would

A
AoPFN does not have a Grand Chief in terms of the the operation be funded? ♦

A
Algonquin people or an Algonquin Tribal Council. In
We do have land set aside for a school on-reserve.
Ontario, we are a part of the Chiefs of Ontario, which
However, the Federal Government will not build or
includes the Anishinabek/ Union of Ontario Indians. Glen
operate because we do not have enough students
Hare is the Grand Chief of the Anishinabek.
to justify the cost. If we did, there would be funds for

Q
Aboriginal rights are not individual but are collective. its operation.
Do non-native people have individual rights or
collective rights?

A
Rights against power, aboriginal rights and treaty rights Many people, both Indigenous and non-
belong to individuals, who belong to something bigger. Indigenous, do not have a thorough
Part of the criteria for having Aboriginal rights is that you understanding of the history and significance of
must belong to a First Nation or “collective” that is/was Wampum belts. ♦
part of the original Nation to the present day. If you do
not belong to such a First Nation or “collective” then you Algonquin language resources are difficult to use
most likely do not have Aboriginal rights.

Page 35 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
COMMITMENTS
‣ Changes to the management plan re: sports ‣ Provide copy of Justin Trudeau’s speech in
hunt Pa r l i a m e n t re : I n h e re n t R i g h t s a n d
Comprehensive Policy, New Framework of
‣ Community Meeting* Section 35 Rights

‣ Record and have meeting videos set up at the
‣ Outline all municipal plans that are
office for members to come in and view accommodating AIP, Jurisdiction re: taxation

‣ Provide members opportunity to review Alan ‣ Provide specifics on improvements since AIP
Pratt opinion re: title
‣ I n c l u d e Wa m p u m h i s t o r y / t e a c h i n g s i n
‣ Ask people about “bottom line” re: land in negotiations
future meetings
‣ Host a mandatory AOPFN staff information
‣ Provide copy of Indian Act and relevant sections session ♦
of constitution (Appendix

‣ Host a meeting as a Sunday Brunch ♦
‣ School on the First Nation, Teach Algonquin
Language
‣ Provide a complete schedule of all family and
city meetings to all members ♦
‣ Review Election Code to allow off-reserve
members to be elected as Chief and/or
Council* ♦

Page 36 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES

52 15
CLICKS RESPONSES

Facebook
1
Direct
Other
1 1 3 Kingston
Pikwakanagan
Ottawa
24 27 Toronto

10
Page 37 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES

HOW SATISFIED ARE YOU WITH THE MEETING OVERALL?

2 1

5
7

Page 38 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES

HOW SATISFIED ARE YOU HOW SATISFIED ARE YOU
WITH THE HOSPITALITY? WITH THE VENUE?

1 11
4
7 4

3 9

Page 39 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES
HOW SATISFIED ARE YOU WITH THE
INFORMATION PRESENTED ON
ALGONQUIN HISTORY? DO YOU FEEL THAT YOU ARE BETTER
INFORMED ON ALGONQUIN HISTORY AFTER
THIS PRESENTATION?

1
4 2 11

6 11
7
2 2
0
YES NO PREFER NOT TO ANSWER

Page 40 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES
HOW SATISFIED ARE YOU WITH THE
INFORMATION PRESENTED ON THE
INDIAN ACT STATUS PROVISIONS AND DO YOU FEEL THAT YOU ARE BETTER
ITS IMPACT ON OUR COMMUNITY? INFORMED ON INDIAN ACT STATUS
PROVISIONS AND ITS IMPACT ON OUR
COMMUNITY AFTER THIS PRESENTATION?
2 2
9

4
5
7
9 2 1 2
0
YES NO PREFER NOT TO ANSWER UNSURE

Page 41 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES
HOW SATISFIED ARE YOU WITH THE
INFORMATION PRESENTED ON SELF
GOVERNMENT? DO YOU FEEL THAT YOU ARE BETTER
INFORMED ON SELF GOVERNMENT AFTER
THIS PRESENTATION?
2 1
3
4 6

3 3

6 4 1 4
0
YES NO PREFER NOT TO ANSWER UNSURE

Page 42 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES
HOW SATISFIED ARE YOU WITH THE
INFORMATION PRESENTED ON DO YOU FEEL THAT YOU ARE BETTER
BENEFICIARY CRITERIA? INFORMED ON BENEFICIARY CRITERIA
AFTER THIS PRESENTATION?

2 2
7
2
4
4
3
7 4 1 2
0
YES NO PREFER NOT TO ANSWER UNSURE

Page 43 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES
HOW SATISFIED ARE YOU WITH THE
INFORMATION PRESENTED ON THE DO YOU FEEL THAT YOU ARE BETTER
NEGOTIATIONS WORK PLAN? INFORMED ON THE NEGOTIATIONS
WORK PLAN AFTER THIS
PRESENTATION?
2 1
5

3
8 3

5 2 2 5
0
YES NO PREFER NOT TO ANSWER UNSURE

Page 44 of 91 Land Claim/Treaty Negotiations Update ROUND 1 : SUMMARY REPORT
SURVEY RESPONSES

HOW SATISFIED ARE YOU WITH THE DO YOU FEEL THAT FAMILY
FORMAT OF THE FAMILY MEETING? MEETINGS ARE THE BEST
FORMAT FOR CHIEF AND
COUNCIL TO PRESENT
INFORMATION AND UPDATES TO
2 1 THE COMMUNITY?

3 12

6 6

11 1 0 3
0
YES NO PREFER NOT TO ANSWER UNSURE

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APPENDIX

CONTENTS
(A) Table: Summary of Meeting Statistics
(B) Round One Part One
(C) Round One Part Two
(D) Summary Presentation
(E) Examples of Agreements which included per capita payments
(F) 5 Year Work Plan Summary
(G) Justin Trudeau’s speech in Parliament on Inherent rights Policy and
Comprehensive Policy a New Framework of Section 35
(H) Letters to Membership
(I) Advertisements/Notices

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APPENDIX A
SUMMARY OF MEETING STATISTICS

Amikons,
Commanda, Kohoko,
Bernard, Aird, Summary: Summary: Summary: Summary:
Whiteduck, Benoit, Commanda Sarazin Kingston Toronto Ottawa TOTAL
Tennisco Lavalley, Pikwakanagan Ottawa Toronto Kingston
Baptiste Jocko
Meness

Invited 73 82 60 53 57 158 118 194 177 177 194 118

Attendance 17 9 3 9 9 13 10 12 7 40 10 10 12

Survey
1 3 1 4 3 1 1 N/A N/A N/A N/A 15
Responses

Comments 8 16 15 32 25 4 2 9 3 10 4 21 6

Questions 9 27 16 18 43 20 6 28 6 18 12 31 6

Concerns 3 3 2 13 1 3

Commitments 1 3 1 1 3 6 1

0-18 19-30 31-50 50+

Round One 0 0 7 20
Summary 5 6 23 77

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ROUND ONE: PART ONE APPENDIX B

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ROUND ONE: PART ONE APPENDIX B

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ROUND ONE: PART ONE APPENDIX B

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ROUND ONE: PART ONE APPENDIX B

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ROUND ONE: PART ONE APPENDIX B

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ROUND ONE: PART TWO APPENDIX C

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ROUND ONE: PART TWO APPENDIX C

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ROUND ONE: PART TWO APPENDIX C

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ROUND ONE: PART TWO APPENDIX C

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ROUND ONE: PART TWO APPENDIX C

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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ROUND ONE: SUMMARY APPENDIX D

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EXAMPLES OF AGREEMENTS WITH APPENDIX E
PER CAPITA PAYMENTS

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SUMMARY OF 5 YEAR WORK PLAN APPENDIX F

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

Ottawa, Ontario - February 14, 2018

CHECK AGAINST DELIVERY

Mr. Speaker –

I would like to begin by recognizing that we are on the ancestral land of the Algonquin people.

Last September, at the United Nations, I spoke to delegations from around the world and told some hard truths about Canada’s long and complicated
relationship with First Nations, Inuit, and Métis peoples.

I talked about the colonial approach that led to the discriminatory and paternalistic Indian Act.

A colonial approach that systematically ignored the history of the Métis Nation, and denied its peoples their rights.

And that, in the name of Canadian sovereignty, forced the relocation of entire Inuit communities – starving individuals, uprooting families, and causing
generations of harm.

The events I spoke of are, I am confident, well known to every Member of this House.

But what’s notable, Mr. Speaker, is how familiar these tragic events are to Canadians.

You see, I just finished up a series of town hall visits in communities all across Canada. 

And everywhere I went, there was at least one person who wanted to know what our government is doing to combat racism, to help advance reconciliation,
and improve the quality of life for Indigenous Peoples.

There were questions about fishing rights, and land claims, and pipeline approvals.

Questions about the national inquiry into missing and murdered Indigenous women and girls, about clean water, and about the alarming number of
Indigenous children in foster care.

These were thoughtful questions, Mr. Speaker. 

And it was immediately clear that every time these kinds of questions were asked, the room shifted.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

This was, in part, a show of support for the people who stood up and asked some tough questions.

But it was also a signal that these are questions that Canadians want answered.

Questions that strike right at the heart of who we are, and what kind of country we want to be.

And one of those questions is how we, as a government, recognize and implement the rights of Indigenous Peoples.

We’ve seen those questions grow in number and intensity in just this past week, as more and more Canadians come to grips with the fact that we have so
much more work to do.

More work to push back against the systemic racism that is the lived reality for so many Indigenous Peoples.

More work to deal with the fact that too many feel and fear that our country and its institutions will never deliver the fairness, justice, and real reconciliation
that Indigenous Peoples deserve.

But there is reason to be hopeful, Mr. Speaker.

Yesterday, I had the honour of spending some time with Colten Boushie’s family. With his mom Debbie, cousin Jade, and uncle Alvin.

And through all their grief and anger and frustration, their focus was not on themselves and the tragedy they have endured, but on how we must work
together to make the system and our institutions better.

Better for Indigenous youth, for Indigenous families, and for all Canadians.

We have a responsibility to do better. To be better. To do our best to make sure that no family has to endure what they have gone through.

Mr. Speaker, the criminal justice system is just one place in which reforms are urgently needed.

Reforms are needed to ensure that – among other things – Indigenous Peoples might once again have confidence in a system that has failed them all too
often in the past.

That is why we will bring forward broad-based, concrete reforms to the criminal justice system, including changes to how juries are selected. 

It’s clear, Mr. Speaker, that Indigenous Peoples and all Canadians know it is past time for change. 

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

At the same time, some view our government’s commitments with some degree of scepticism – and if you look at how things have been handled in the past,
it’s hard to say that that scepticism is misplaced.

After all, it’s not like we are the first government to recognize the need for change, and promise that we’d do things differently.

It’s been more than 20 years since the Royal Commission on Aboriginal Peoples called for “the recognition of Aboriginal Peoples as self-governing nations
with a unique place in Canada.”

More than 30 years have passed since the Penner Report and the First Ministers’ Conferences on the Rights of Aboriginal Peoples.

And last year marked 35 years since Aboriginal and treaty rights were recognized and affirmed through Section 35 of the Constitution Act. 

You might recall, Mr. Speaker, that the government of the day – led by my father – did not intend to include these rights at the outset.

It was the outspoken advocacy of First Nations, Inuit, and Métis peoples, supported by non-Indigenous Canadians, that forced the government to reconsider.

Imagine what that must have felt like, Mr. Speaker.

To have fought so hard, for so long, against colonialism. Rallying your communities, reaching out to Canadians, riding the “Constitution Express.” And in the
end, to finally be recognized and included. To see your rights enshrined and protected in the foundational document on which Canada’s democracy rests.

Now imagine the mounting disappointment – the unsurprising and familiar heartache, and the rising tide of anger – when governments that had promised so
much did so little to keep their word.

You see, Mr. Speaker, the challenge – then and now – is that while Section 35 recognizes and affirms Aboriginal and treaty rights, those rights have not been
implemented by our governments.

The work to give life to Section 35 was supposed to be done together with First Nations, Inuit, and Métis Peoples. And while there has been some success,
progress has not been sustained, or carried out.

And so over time, it too often fell to the courts to pick up the pieces, and fill in the gaps.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

More precisely, instead of outright recognizing and affirming Indigenous rights – as we promised we would – Indigenous Peoples were forced to prove, time
and time again, through costly and drawn-out court challenges, that their rights existed, must be recognized and implemented.

Indigenous Peoples, like all Canadians, know this must change.

We know it, too.

And that’s why we have been working hard these last two years to renew the relationship with Indigenous Peoples – one based on recognition of rights,
respect, co-operation, and partnership.

We’re on the right track.

We endorsed the United Nations Declaration on the Rights of Indigenous Peoples without qualification, and committed to its full implementation, including
government support for Bill C-262.

We engaged in new Recognition of Rights and Self-Determination negotiations, where the government and Indigenous Peoples work together on the
priorities Indigenous partners say are necessary to advance their vision of self-determination.

We signed agreements with First Nations, Inuit, and the Métis Nation outlining how we will work together to identify each community’s distinct priorities, and
how we will work together to develop solutions.

We established a Working Group of Ministers to review our federal laws, policies, and operational practices to ensure that the Crown is meeting its
constitutional obligations, and adhering to international human rights standards – including the United Nations Declaration on the Rights of Indigenous
Peoples.

To guide the work of decolonizing Canadian laws and policies, we adopted principles respecting Canada’s relationship with Indigenous Peoples. 

To preserve, protect, and revitalize Indigenous languages, we are working with Indigenous partners to co-develop a First Nations, Inuit, and Métis Languages
Act.

And last week, we announced reforms to the environmental assessment process for major resource projects, to recognize Indigenous rights and traditional
knowledge, and give Indigenous Peoples more involvement when it comes to development in their communities.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

We’ve made changes in order to recognize Indigenous rights and traditional knowledge, and give Indigenous Peoples more involvement when it comes to
development in their communities.

These efforts are an important start, Mr. Speaker, but they are just a start.

To truly renew the relationship between Canada and Indigenous Peoples – not just for today, but for the next 150 years – we need a comprehensive and far-
reaching approach.

We need a government-wide shift in how we do things.

We need to both recognize and implement Indigenous rights because the truth is, Mr. Speaker, until we get this part right, we won’t have lasting success on
the concrete outcomes that we know mean so much to people.

Indigenous Peoples in Canada should be able to drink the water that comes out of their taps. 

They should be able to go to sleep in homes that are safe, and not overcrowded.

Indigenous children should be able to stay with their families and communities, where they are known and loved.

And Indigenous youth should not grow up surrounded by the things that place them at elevated risk for suicide – things like poverty, abuse, and limited
access to a good education and good health care.

All of these things demand real, positive action – action that must include the full recognition and implementation of Indigenous rights. We need to get to a
place where Indigenous Peoples in Canada are in control of their own destiny, making their own decisions about their future.

And so today, I am pleased to announce that the government will develop – in full partnership with First Nations, Inuit, and Métis people – a new Recognition
and Implementation of Indigenous Rights Framework that will include new ways to recognize and implement Indigenous Rights. 

This will include new recognition and implementation of rights legislation.

Going forward, recognition of rights will guide all government relations with Indigenous Peoples.

The contents of the Framework that we build together will be determined through a national engagement, led by the Minister of Crown-Indigenous Relations
and Northern Affairs, with support from the Minister of Justice.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

Earlier, I cited some of the many studies and reports, and consultations that have come before. And I understand that some may see further consultation as
yet another delay in the struggle for self-determination for Indigenous Peoples.

But let’s be clear, Mr. Speaker. No matter how responsible or well-meaning or thoughtful a solution that comes out of Ottawa might be, it cannot be the
solution if it comes out of Ottawa alone.

We understand that Indigenous Peoples themselves are eager to begin the considerable work of rebuilding their nations and institutions.

Our job as a government is to support, accompany, and partner with First Nations, Inuit, and Métis peoples – to provide the framework and the tools they
need as they chart a path forward, together with all Canadians.

We’ll also be engaging the provinces and territories, and non-Indigenous Canadians: people from civil society, from industry and the business community,
and the public at large. Because all Canadians have a stake in getting this right.

While the results of this engagement will guide what the final Framework looks like, we believe that, as a starting point, it should include new legislation and
policy that would make the recognition and implementation of rights the basis for all relations between Indigenous Peoples and the federal government
moving forward.

This Framework gives us the opportunity to build new mechanisms to recognize Indigenous governments, and ensure rigorous, full and meaningful
implementation of treaties and other agreements.

With this Framework, we have a chance to develop new tools to support the rebuilding of Indigenous communities, nations, and governments; and advance
self-determination, including the inherent right of self-government.

This Framework could establish new ways to resolve disputes, so that collaboration becomes the new standard, and conflict the exception rather than the
rule.

By including tools that oblige the federal government to be more transparent and accountable, we can build greater trust between Indigenous Peoples and
government.

And through this new Framework, we can better align Canada’s laws and policies with the United Nations Declaration on the Rights of Indigenous Peoples, a
declaration our government supports without qualification.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

We believe that a Framework that includes measures like these will finally bring to life many of the recommendations made by the Royal Commission on
Aboriginal Peoples, the Truth and Reconciliation Commission, and countless other studies and reports over the years.

Mr. Speaker, some may worry that this ambitious approach may require re-opening the Constitution.  This is not true.

In fact, by fully embracing and giving life to the existing Section 35 of the Constitution, we will replace policies like the Comprehensive Land Claims Policy
and the Inherent Right to Self-Government Policy with new and better approaches that respect the distinctions between First Nations, Inuit, and Métis
peoples.

This will give greater confidence and certainty to everyone involved. 

The federal government’s absence over generations in recognizing and implementing Indigenous rights has resulted in social and economic exclusion,
uncertainty, and litigation – when our shared focus should have always been on creating prosperity and opportunity for everyone.

Better opportunities for Indigenous Peoples, and certainly for Indigenous youth, are precisely what we hope to achieve through this Framework.

Engagement will continue throughout the spring, but it is our firm intention to have the Framework introduced this year, and implemented before the next
election.

This work will involve not only the government, but also this Parliament. Committee work, witnesses, strong debate – in both Houses.

The history of Canada’s relationship with Indigenous Peoples transcends any one government, Mr. Speaker. The Indian Act passed this House. But so did
Section 35. And now, as a Parliament, we have an opportunity – and a responsibility – to finally implement it.

Mr. Speaker, we all know that we cannot erase the past. 

We cannot bring back the things that we have lost.

What we can do – what we must do – is commit ourselves to being better, and doing better.

That starts with doing what the Constitution has obliged us to do for nearly four decades.

And so we will work together to do away with legislation and policies built to serve colonial interests.

We will work together as we follow through on our commitments, and build a new and better relationship.

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JUSTIN TRUDEAU’S SPEECH IN PARLIAMENT ON APPENDIX G
INHERENT RIGHTS POLICY AND COMPREHENSIVE
POLICY A NEW FRAMEWORK OF SECTION 35

Mr. Speaker, Indigenous Peoples and all Canadians are ready for change. 

Ready for a new relationship based on recognition, rights, respect, co-operation, and partnership.

With a Recognition and Implementation of Rights Framework, we can build that new relationship, together.

It won’t be easy, Mr. Speaker. Nothing worth doing ever is.

But it will be worth it.

It will be worth it because we will have taken more steps toward righting historical wrongs.

It will be worth it because we will have replaced apathy with action, ignorance with understanding, and conflict with respect.

We will have laid the foundation for real and lasting change – the kind of change that can only come when we fully recognize and implement Indigenous
rights. 

Together, we will take concrete action to build a better future.

A better Canada. 

For Indigenous Peoples, and for all Canadians. 

Thank you.

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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LETTERS TO MEMBERSHIP APPENDIX H

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ADVERTISEMENTS/NOTICES APPENDIX I

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ADVERTISEMENTS/NOTICES APPENDIX I

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ADVERTISEMENTS/NOTICES APPENDIX I

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ADVERTISEMENTS/NOTICES APPENDIX I

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ADVERTISEMENTS/NOTICES APPENDIX I

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PIKWAKANAGAN
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