Aboriginal Affairs and Northern Development Canada
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Algonquins of Barriere Lake
For more information about the Algonquins of Barriere Lake, measures adopted by the federal government to support the Algonquins of Barriere Lake and issues that characterize this community, please read the following information capsules:- Community profile
- Leadership Selection Process
- The 1991 Trilateral Agreement
- The Memorandum of Mutual Intent of 1997
- Appointment of a Third-party Manager
- Rapid Lake Band School
- Health and safety of houses
- Long Term Capital Investment Plan
- Health and Social Services
- Chronology
Community Profile
Created in 1961 for the use of the Algonquins of Barriere Lake, the reserve is located 134 km north of Maniwaki, on the shores of the Cabonga Reservoir. On December 31, 2008, the Algonquin band of Barriere Lake numbered 663 members.
Indian and Northern Affairs Canada is working with the Algonquin Band Council of Barriere Lake to ensure delivery of its programs and services to community members. This collaboration also extends to various initiatives proposed or co-ordinated by the Algonquins of Barriere Lake to improve living conditions in the community.
The Algonquins of Barriere Lake face numerous challenges. More than ever, the population wants to carry out forward-looking projects, building for future generations while respecting ancestral customs.
Leadership Selection Process
The Algonquins of Barriere Lake have always chosen their leaders according to custom. In 1996, the community's traditional oral rules (Mitchikanibikok Anishinabe Onakinakewin) were codified in writing for the first time. They were approved on April 9, 1997, first of all by the Elders, then by Barriere lake members gathered in a general assembly.
Indian and Northern Affairs Canada does not supervise nor intervene in a customary band leadership selection process and does not decide on the validity of the process, which is entirely the Band's prerogative. Therefore, the Department's role is limited to register the results transmitted by the First Nation and entering them into the national database of the Band Governance Management System.
When a dispute arises concerning the leadership issue, it is up to the community to find a way of settling the dispute and identifying a long-term solution. However, when the parties involved, including the Band Council, formally request it, the Department can invoke sections of the Custom Election Dispute Resolution Policy and suggest, for example, that both parties submit to a mediation/facilitation process. In 2007, Justice Réjean Paul was chosen as mediator to settle a leadership issue that arose as a result of the customary leadership selection of August 2006.
When extraordinary and unusual circumstances occur, the Minister of Indian and Northern Affairs may invoke the implementation of Section 74 of the Indian Act in order to ensure an election is held in accordance with the election provisions of the Indian Act and the Indian Band Election Regulations and not under the Band customary code.
The 1991 Trilateral Agreement
Since forest resources are a provincial jurisdiction, this pilot project was negotiated between the Government of Quebec and the Algonquins of Barriere Lake.
Indian and Northern Affairs Canada wished to support the community in its efforts to develop an integrated renewable resources management plan, the main objective of the project. The integrated renewable resources management plan was to have been completed in May 1995, but was repeatedly delayed. Between 1991 and 2001, the Department invested no less than $5 million to support this initiative.
On September 30, 2001, faced with escalating costs and a lack of convincing results and detailed schedules, and concerned with upholding the principles of fairness and equity in the allocation of financial resources to First Nations communities, the Department ended funding for development of the integrated renewable resources management plan.
The Department has always been prepared to consider any Band Council project proposal eligible for funding according to the criteria and funding authorities of existing programs. These projects may or may not originate from the integrated renewable resources management plan.
The Band Council is solely responsible for submitting projects to the Department.
The Memorandum of Mutual Intent of 1997
A memorandum of mutual intent is a document based on the good will of both parties, the Band Council and the Department, and aimed at meeting the community's essential needs, in accordance with departmental resources and programs, so as to help the community make its vision a reality. The main objectives are to:
- establish a renewed relationship with the community;
- restore essential programs and services (education, health and safety) in the community which were administrated by the Third-party Manager since 1996;
- promote special initiatives that would address social problems;
- enhance educational development and governance capacity;
- establish a level playing field in terms of community infrastructure;
- address the financial situation of the Algonquins of Barriere Lake.
Indian and Northern Affairs Canada has invested over $10 million and is willing to work with the Band Council to help it meet its objectives.
Appointment of a Third-party Manager
Appointment of a third-party manager is provided for under the Funding Agreements concluded with the Band Council, in line with the Departmental Intervention Policy. It is a temporary, last resort, protective measure. It is generally taken when the Band Council has accumulated a significant financial deficit, thus jeopardizing the delivery of essential services to members.
The Funding Agreements and the Departmental Intervention Policy stipulate that the Department must take action when the accumulated debt level of a band reaches 8% of its revenue, or when it has reasonable grounds to believe that the health, safety and well-being of community members are at risk. The policy provides for three intervention levels:
- implementation of a self-managed recovery plan;
- appointment of a co-manager;
- appointment of a third-party manager.
In 2004, given the deterioration in the financial situation of Barriere Lake and the problems encountered in managing programs and services, the Department asked the Band Council to submit a self-managed recovery plan.
On January 31, 2005, the Band Council hired a co-manager to help the Band Council develop and implement a recovery plan. On April 18, 2006, the Department approved the recovery plan submitted by the Band Council. However, on June 2, 2006, the Band Council ended the co-manager's contract, thus putting into question the implementation of the recovery plan and agreements negotiated with band creditors.
On July 12, 2006, as a result of the termination of the co-manager's contract and the deterioration in the community's financial situation, the Department appointed a third-party manager to ensure the delivery of essential programs and services to members of the community. The third-party manager is mandated to manage only those programs and services stipulated in the funding agreement signed by the Band Council and the Department.
In August 2006, a group from Barriere Lake filed an application for judicial review in Federal Court, contesting INAC's appointment of the third-party manager. On April 15, 2009 the Federal Court rendered a decision in favour of Canada with costs. This decision is being appealed before the Federal Court of Appeal.
Rapid Lake Band School
The Rapid Lake School serves students at the preschool and elementary levels. In 1995, management of the school was transferred to the Band Council. Since then, the Band Council has been responsible for offering curricula comparable to recognized provincial programs and ensuring that teachers are certified by the province.
The teaching standards should allow students to eventually transfer from the band school to another school within the provincial education network, into a class of the same grade and without penalty. The community can, however, tailor part of its school curriculum to local cultural realities, in accordance with provincial standards. Indian and Northern Affairs Canada provides financial support for the development of such adapted curricula. Several communities in Quebec have, indeed, exercised this option, including Barriere Lake, where the Algonquin language is taught.
The basic funding formula for the band school at Barriere Lake already includes a component for adapting the curriculum. Moreover, the Band Council received funding under the “New Paths for Education” initiative in 2003-2004 and 2008-2009, which it used to adapt its curriculum.
Health and safety of houses
In September 2006, Indian and Northern Affairs Canada and Health Canada established an action plan to solve problems relating to the health and safety of homes in the Barriere Lake community.
Phase I of the action plan focused on the urgent repairs needed to ensure the safety of occupants. It was undertaken in collaboration with the Thirth-party Manager in December 2006.
In July 2007, experts from the Canada Mortgage and Housing Corporation (CMHC) and Health Canada held a practical training session on mould problems for a group of community members. If required, this initiative could be extended to all residents. The co-operation of community members is crucial if the mould problems are to be effectively eradicated.
Begun in the summer of 2008, phase II of the plan will extend over a period of two years. The objective is to resolve the problems stemming from the presence of mould. An evaluation of the homes combined with a Health Canada inspection report determined the scope of the work needed. The Department has set aside $500,000 for this project.
Long Term Capital Investment Plan
In 2005, the Department presented a new long-term capital investment plan to the Band Council (version 2000 modified) at an estimated cost of several millions of dollars. This plan which includes housing as well as municipal and education facilities is still being discussed between the Band Council and the Department.
The Government of Canada is ready to work with the Algonquins of Barriere Lake on this plan, which through tangible improvements, would improve living conditions of community members and generate jobs.
Health and Social Services
Health Services
Health Canada administers the services provided by community nurses as well as medical transport, which are located at the Barriere Lake Health Centre and are used by many people.
Social Services
The Centre jeunesse de l'Outaouais, in collaboration with the projects coordinator at Barriere Lake, provides the Barriere Lake community with child and family services, independent living assistance services and family violence prevention services.
The project “Ijitcigewin! Nigictonanan! Kictonanan!” (Let's do it! Yes we can! Let's finish it!) is a group approach and the team, composed of project directors and coordinators, has submitted an action that includes the following priorities:
- Getting & Staying Healthy! Freedom from Dependency!
- Make a Successful Education a Community Priority
- Provide Alternative Healthy Lifestyle
- Address & Prevent Violence
- Provide Capable & Reliable Services to the community
- A Youth Center
Chronology
Created in 1961 for the Algonquins of Barriere Lake, the Rapid Lake Indian Reserve is located 134 kilometers North of Maniwaki, on the bank of the Cabonga Reservoir. As of December 31, 2007 the community of Barriere Lake had 650 members.
1991
ATrilateral Agreement with the Algonquins of Barriere Lake, the Government of Québec, and the Government of Canada is signed. The main objective of the Agreement is to implement a pilot project in order to develop an Integrated Resources Management Plan for renewable resources (wildlife and forest). The Agreement covers 10,000 km2 in the Parc de La Verendrye.
1994
Financial problems begin to surface in the community. Support from Indian and Northern Affairs Canada (INAC) is provided as well as assistance from Canadian Executive Services Organization (CESO) to prepare a recovery plan.
1995
A leadership crisis within the community leads some dissident members of Barriere Lake to leave the community and to settle at Lac Jean Perré in the Parc de La Verendrye. They call themselves the Maïgan Agik Anishnabe.
1996
As a result of the division within the community, the members of Barriere Lake appoint an Interim Band Council, whose mandate is to develop a Customary Code for the selection of Band Council leaders. Justice Réjean Paul from the Quebec Superior Court is appointed as mediator in this leadership issue. In response to Justice Réjean Paul, INAC appoints two facilitators to develop a leadership selection process.
Following a request from the Interim Band Council, INAC appoints a Third Party Manager to ensure the delivery of essential services and to develop and implement a remedial management plan.
1997
The Barriere Lake First Nation's Customary Selection Code for the selection of Band Councils leaders is written and leads to the nomination of Chief Harry Wawatie.
The Algonquins of Barriere Lake leadership submits to INAC the "Global Proposal for Rebuilding the Community".
A Memorandum of Mutual Intent (MOMI) is signed. The main objectives of the MOMI are to strengthen the relationship based on the principles of trust, partnership, mutual respect and to work towards the community's vision for the future as expressed in the "Global Proposal for Rebuilding the Community".
1998
The Algonquins of Barriere Lake and the Government of Québec sign a bilateral agreement on an approach and process to complete the Integrated Resources Management Plan initiative.
A final financial arrangement is concluded between INAC and the Algonquins of Barriere Lake to complete the Integrated Resources Management Plan initiative.
2000
INAC submits a Long-Term Capital Plan to the Algonquins of Barriere Lake. It includes housing, infrastructure, and education facilities ($17M) to be invested in the community during a seven year period. Discussions about connection to the Hydro-Québec power network are also undertaken.
2001
The Algonquins of Barriere Lake submit a proposal to INAC and the Government of Québec for an additional 16 month extension to complete the Integrated Resources Management Plan ($1.2M). The proposal also requests an additional $750,000 in federal funding.
The Algonquins of Barriere Lake are informed that INAC will not provide additional funding in the Integrated Resources Management Plan initiative, which had lasted for 10 years.
2002
A Global Forestry Scenario for Joint Consideration between the Algonquins of Barriere Lake and the Government of Québec is signed. It allows for the completion of the Integrated Resources Management Plan for a total budget of $1.78M.
At this time, an amount of $11.4M has been invested in the community in response to the "Global Proposal for Rebuilding the Community".
A letter is sent to the Maïgan Agik Anishnabe's group in response to their request to be recognized as a separate band. INAC informs the group, that according to federal policy, they will not be recognized as a separate band.
However, steps are taken to ensure essential services are provided. The Maïgan Agik Anishnabe benefit from all the services offered to the members of Barriere Lake such as elementary/secondary and post-secondary education, school and medical transportation, income assistance, social services, and health services.
2004
Due to the deterioration of their financial situation and difficulties in the management of programs and services, INAC requests the Algonquins of Barriere Lake to submit a Remedial Management Plan (RMP).
2005
The Algonquins of Barriere Lake hire a co-manager to develop and implement a Remedial Management Plan (RMP).
A Long-Term Capital Plan in 2005 identifies $17.7M is to be dedicated over 7 years for major and minor projects including housing, hook-up to the Hydro network, and a new school.
2006
The Barriere Lake Band Council adopts a resolution that ends the co-management contract.
In order to secure federal funds and the delivery of essential services, INAC appoints a Third Party Manager, in accordance with INAC's Intervention Policy for Funding Agreement. Health Canada and Public Security and Emergency Preparedness Canada also appoint the same Third Party Manager.
Chief Harry Wawatie resigns and leadership issues arise, as the result of the selection process to replace him. Two separate Band Councils are selected by separate Elder Councils as a result of 2 parallel selection processes.
The appointment of the Third Party Manager is contested in the Federal Court by the Council of Elders, claiming Jean-Maurice Matchewan as chief.
INAC writes to the representatives of the two Band Councils and to their members to indicate that:
- the Department is not in a position to work with either one of the councils;
- the community is responsible for resolving this dispute;
- the Department will not reimburse any legal fees incurred in this dispute;
- the Department will ensure the delivery of essential services to the population by way of the Third Party Manager who has been appointed; and
- the Department offers both parties financial support for a mediation process.
2007
Justice Réjean Paul is appointed to act as mediator in the leadership issue in the Barriere Lake community.
Justice Réjean Paul submits his report and recommendations on the leadership issue. After reviewing the selection process as per the Customary Selection Code, Justice Paul determines that only one group of Elders has followed the Customary Selection Code and that only the Council led by Jean-Maurice Matchewan can be recognized as the legitimate Band Council.
INAC acknowledges the main conclusion of Justice Paul in a formal letter to Chief Jean-Maurice Matchewan.
Some members of the community ask the Quebec Superior Court to issue an injunction to void the results of the last leadership selection process and to request a new one based on the Customary Selection Code.
In accordance with the Regional Guide for the Evaluation of First Nation Schools, the Rapid Lake School was evaluated during school year 2006-2007.
On May 22, 2007, Departmental representatives accompanied the evaluator from McGill University, who had been selected by the Algonquins of Barriere Lake to conduct the evaluation, for the presentation of his evaluation report to the administration and teachers of the Rapid Lake School. This was a public meeting to which all community members had been invited.
On June 26, 2007, Deputy Minister Michael Wernick held a meeting with Jean-Maurice Matchewan. As requested by the Algonquins of Barriere Lake, the Deputy Minister made the recommendation that the Minister appoint a special representative to find solutions to problems regarding housing, electrification, reserve expansion, economic development, and governance, particularly concerning the transition to co-management.
In August 2007, the third-party manager, with the agreement of the Barriere Lake representatives, began the restructuring of education services with the hiring of a new school principal and qualified teaching staff. The mandate of the principal includes developing an action plan to implement the recommendations stemming from the evaluation report.
On September 10, 2007, Minister Chuck Strahl appointed Marc Perron to serve as a special representative of the Minister. Through this appointment, the Minister wishes to establish a working relationship that will promote the exchange of constructive ideas concerning the development of the community of Barriere Lake. At the end of his mandate in December 2007, the Minister's special representative submitted a report.
On November 20, 2007, the Band Council ordered the closing of the school. The Department requested on several occasions that the Band Council re-open the school and at the same time sought alternative solutions that would ensure access to educational services for the children.
2008
On January 29, 2008, Indian and Northern Affairs Canada confirmed to the Barriere Lake Band Council that the legal proceedings that the Algonquins of Barriere Lake had brought to court concerning the appointment of a third-party manager in July 26 would be re-activated.
On January 30, 2008, the Algonquins of Barriere Lake selected, according to their Customary Selection Code, the members of the new Band Council.
On March 10 2008, Indian and Northern Affairs Canada advised the Algonquins of Barriere Lake that in the future it would be conducting its relationship with the Band made up of Chief Casey Ratt and Councillors Ricky Decoursay, Donat Thusky, Roger Jerome and Wayne Papatie. A few days later, a group of Elders from the community took legal action in Federal Court against the Department for having recorded the results from the January 2009 selection process.
On March 31, 2008, the children went back to Rapid Lake School.
On August 28, 2008, the Federal Court ruled, in response to a challenge initiated by supporters of the former Band Council, that the Department's acknowledgement of the results of the selection process was not a decision and therefore could not be reviewed by the Federal Court. By that same decision, it allowed supporters of the former Band Council to take recourse against the new Band Council to obtain a ruling on the validity of the process. This Federal Court decision was the subject of an appeal, which was heard November 24, 2008.
2009
On January 6, 2009, the Federal Court ruled that the Department's acknowledgement of the results of the selection process should be the subject of a Judicial Review hearing before the Federal Court. This decision sets aide the decision rendered by Prothonotary Aalto on August 28, 2008 granting Canada's motion to strike the Judicial Review application filed by supporters of the former Band Council.
On April 15, 2009, the Federal Court rendered a decision in favour of Canada in regards to the challenge made by the Barriere Lake group to the Department's decision to appoint a receiver-administrator. This ruling is now before the Federal Court of Appeal.
On April 30, 2009, the construction of a six-unit building, for Rapid Lake School teachers, was completed.
On June 24, 2009, A new leadership selection process is held by the Jean-Maurice Matchewan Group. The outcomes of this process are challenged at the Federal Court by the Band Council Chief, Mr. Casey Ratt. The Department has expressed to the leadership of Barriere Lake its wishes to see the governance disputes resolved internally by the community, to no avail.
On October 30, 2009, Minister of Indian and Northern Affairs Canada informed all groups claiming leadership of Barriere Lake of the following measures:
- The Department will cease, as of October 30, 2009, its business relation with any of the current groups claiming to be the Band Council;
- Essential programs and services will continue to be delivered through the third party manager;
- All band members will be provided with an opportunity to develop and ratify a leadership selection process that respects the principles set out in the Department's Conversion to Community Election System Policy;
- If the community does not develop and ratify a leadership selection process by March 31, 2010, the Minister will exercise the powers conferred upon him by Section 74 of the Indian Act to ensure an election is held in accordance with the election provisions of the Indian Act and the Indian Band Election Regulations.
Department representatives continue to work with community leaders and residents to resolve the governance issue, to create greater stability in the community and to significantly improve living conditions.
