Fact Sheet - An Overview of the Algonquins of Ontario Land Claim Negotiations

Canada, Ontario and the Algonquins of Ontario are working together to resolve a comprehensive land claim through a negotiated settlement that will take the form of a modern-day treaty. All three parties are committed to achieving a just and equitable settlement of this claim. Along with the Algonquin asserted rights and interests, the interests and concerns of affected parties are being considered during the negotiation process.

At a glance: The claim

The Algonquin claim is the only claim of its kind in Ontario because it relates to the unfinished business of treaty-making. The basis of the claim is that the Algonquins never signed a historical treaty with the Crown. This means there is a question of asserted Aboriginal rights and title in the claim area.

Why negotiate?

The parties firmly believe that the best way to resolve this claim is to work together to find a common solution. Negotiations can produce win-win solutions and are the best approach to ensure an enduring and positive relationship.

Modern treaties are enshrined in legislation and the rights set out in the treaties receive constitutional protection to provide a clear, certain and long-lasting definition of land rights for all Canadians. This includes certainty about the ownership, use and management of land and natural resources for all parties. This contributes to a more stable and positive investment climate and creates greater potential for economic development, jobs and growth. Privately-owned land will not be expropriated to settle any land claims.

Where is the claim?

The Algonquin claim includes an area of 8.9 million acres (36,000 square kilometres), within the watersheds of the Ottawa and the Mattawa Rivers in Ontario. The claim area covers most of eastern Ontario, including Parliament Hill and Algonquin Park, as well as CFB Petawawa and the City of Ottawa. More than 1.2 million people live and work within the claim area.

At a glance: The Algonquin negotiating team

The Algonquins of Ontario are comprised of ten Algonquin communities in the Ottawa River watershed. These communities are: the Algonquins of Pikwàkanagàn First Nation and the communities of Antoine, Bancroft, Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Shabot Obaadjiwan, Snimikobi and Whitney and Area.

The Algonquin negotiating team consists of the Chief and Council of Pikwàkanagàn and one representative from each of the nine other Algonquin communities. These representatives (called Algonquin Negotiation Representatives or ANRs for short) are elected by the Algonquin people through a series of transparent and democratic elections for a three-year term.

The ANRs will continue to seek the input of people of Algonquin descent as negotiations continue.

Recent Milestones

The parties have recently signed a renewed Framework Agreement. The agreement was updated to include all Algonquins of Ontario in the negotiation process and reflect the ten Algonquin communities that are currently identified. The Framework Agreement outlines a general process to guide the negotiation of an Agreement-in-Principle.

The parties have also concluded an agreement on consultation. This agreement sets out how the governments of Canada and Ontario will consult the Algonquins on proposed activities or projects within the claim territory while the negotiations are ongoing. These consultations will take place away from the land claim negotiating table and will be led by the affected government departments, ministries or agencies. For the Algonquins of Ontario, this consultation process will be co-ordinated by a new Algonquin consultation office (ACO) located in Pembroke, Ontario.

In addition, the ACO will provide support to the Algonquins in the land selection process and in building land management capacity before a final treaty is concluded. The ACO will report to the Algonquin Negotiation Representatives (ANRs) and will make recommendations for consideration by the ANRs on issues relating to both consultation and land selection.

Shared Objectives and Interested Parties

With respect to interested parties, Canada, Ontario and the Algonquins of Ontario agreed to some basic guiding principles, including:

• The protection of private property. The rights of private land owners to make use of and access their land will be protected. Privately-owned land will not be expropriated for the settlement of this land claim. Any privately held land that might form part of a settlement will be transferred only if there is both a willing seller and a willing buyer.
• The preservation of Algonquin Park. It has been agreed that Algonquin Park will remain a park for the appropriate use and enjoyment of all people.
• Taking the interests of affected parties into account. Consultations with interested parties will continue throughout the negotiation process and the public will be kept informed on the progress of the negotiations.

Looking Ahead

Negotiations toward an Agreement-in-Principle (AIP) are now underway. An AIP is a non-binding agreement that sets out all of the key elements of an eventual final agreement, but without the technical and legal detail.

Once an AIP is reached, the next step will be approval by the three parties. This will include submitting the AIP for approval by a vote of Algonquin eligible voters. Following approval of the AIP, the parties will set a target date for completing the final treaty and implementation agreement. Before it can be finalized, the treaty will require formal approval by Algonquin eligible voters as well as by the Ontario Legislature and the Parliament of Canada.

It is anticipated that a final treaty would have elements that address: the transfer of settlement lands to Algonquin ownership, hunting, fishing, trapping and gathering rights, financial payments and economic measures and provisions to promote Algonquin culture.

The rights that the Algonquins of Ontario receive under a final treaty will receive constitutional protection. The treaty will clarify interests in lands in the region and give legal force to a lasting and comprehensive settlement of all issues.

A settlement of this land claim will benefit the Algonquin people and their neighbours throughout eastern Ontario by increasing investor confidence, and provide new opportunities for investment and economic development in the region.