Algonquin land claim negotiations continue
DRAFT AGREEMENT GENERATES WORRY AND HOPE
BY LAWRENCE GUNTHER
AFTER 25 YEARS of negotiations , there ’ s a draft agreement between the Ontario and federal governments and the Algonquin people . It ’ s part of a journey of reconciliation which began in 1772 , when this people submitted a petition to the Crown calling for protection as they struggled to retain control of their land as settlers and traders came in .
The draft agreement establishes a framework for future negotiations that will see the Algonquin give up their right to make further claims in exchange for $ 300 million in cash , and property totaling 1,175 square kilometres .
Negotiating that actual treaty will take at least another five years . There ’ s also an environmental assessment of the proposed land transfer that still needs doing .
And some local residents are wary of possible outcomes . According to hunting and fishing guide Jason Cox up in Calabogie , “ come fall , prime hunting territory can look like a pumpkin patch ,” with a horde of orange-vested hunters . The agreement calls for the transfer of 200 parcels of Crown land to the Algonquins , about four per cent of all the Crown land in eastern Ontario . Claims include Bancroft and Sharbot Lake in the southeast , and east and north to l ’ Orignal . Counties affected are Addington , Frontenac , Hastings , Lanark , Lennox and Renfrew , plus the district of Nipissing and the city of Ottawa .
Land to be transferred totals 47,550 hectares or 117,500 acres . To put this in perspective , it ’ s an acreage about as big as some of the bigger private ranches in Alberta and British Columbia .
The tricky part however is these 200 distinct parcels of Crown land are all near long-established non-indigenous communities . This land can in no way can be considered either northern or remote . Over 1.4 million people live in and around it , many of whom hunt , fish , mine or harvest timber in it , or enjoy connecting with nature in Algonquin Park – 90 per cent of which is covered by the agreement . Without doubt , cottages , hunt camps and land-use permits will be affected .
The agreement conflicts with well-established land-use rights of non-indigenous people and communities that date back in many cases well over a century . In response , the Ontario government says it will ensure that “ no one
who owns private property will be affected … access to Algonquin Park will remain open to all … arrangements will be negotiated for existing recreation or hunt camps to continue on lands that will be transferred .”
However , non-indigenous people still worry that a treaty will significantly curtail their access and , more importantly , end their own relationship to land that has evolved over generations . Some Algonquin communities are also opposed , but for other reasons – they ’ re being left out . Nine of the 10 federally recognized Algonquin communities on the Quebec side of the Ottawa River , and three other Ontario First Nation communities made up of people of partial Algonquin descent , are excluded .
Additionally , since the early 1990s when treaty negotiations began , the definition of who is actually Algonquin has been expanded to include nine groups of mostly “ non-status Indians ” claiming Algonquin ancestry . However , a report from Quebec ’ s Algonquin Nation Secretariat claims over a third of the agreement ’ s intended beneficiaries have insufficient indigenous ancestry .
Who will ultimately benefit from the treaty also worries some Algonquin people . During an interview on Aboriginal Peoples Television Network , Algonquins of Pikwakanagan First Nation Chief Kirby Whiteduck said his community will be drawing attention to the criteria because “ Pikwakanagan members are expressing concerns and questions ” about who will get what .
This also worries mainstream hunters and anglers . Fish and game in these easily accessed rivers , lakes and parcels of Crown land are under significant harvesting pressure .
Overfishing and too much hunting is part of the worry . The Ontario Federation of Anglers and Hunters has said “ no one should assume their rights to hunt or fish are unlimited .
“ The right to hunt and fish or to use any resources , either as a form of expression or as an aboriginal or treaty right , must be bound by the principles and practices of conservation and safety .”
In response to these concerns , the Ontario government is offering assurances that , “ harvesting rights of Algonquin people will be subject to provincial and federal laws ,” and Algonquin lands will be subject to the same rules “ as other private lands .”
This all sounds good on paper , but nobody knows whether science-based resource management will be applied , and who if anyone will enforce the treaty details .
Today , the harvest of game and fish by Ontario ’ s licensed resident and nonresident hunters and anglers is tightly controlled by the Ministry of Natural Resources and Forestry . It determines harvest limits scientifically . But most first nations hunters and fishers are currently not bound by these same licensing and harvest rules .
So non-indigenous anglers worry that a future treaty could open up potentially unsustainable commercial fishing similar to the indigenous commercial gillnet fishery on Lake Nipissing .
The bright side of all this is a treaty could lead to rules that blend mainstream science with indigenous knowledge to ensure sustainable commercial , ceremonial and sustenance harvesting – let ’ s hope .
As to Algonquin and other parks , Algonquin people will for the first time have a hand in applying their ancient traditional knowledge to shape plans and policies for all parks . That said , however , actual management will stay firmly under Ontario government control .
Further , while no Algonquin Park land will be transferred , two non-operating parks and parts of five non-operating parks , will be . In exchange , for every acre of park land transferred , six acres of new park land will be created ( like the proposed new 30,000-acre provincial park near Crotch Lake ).
No doubt negotiations will drag on and grow more complex . So the vast mainstream community reflected in this magazine needs to take an interest in what ’ s going on to make sure principles are not elbowed aside for political reasons .
Keep it simple as possible , yes , but the final treaty has to be fair to all . No good deal is founded on winners and losers .
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