April 2207 Carr Internet

The Kichesipirini Algonquin First Nation

Kichesipirini (meaning: "people of the great river") kiche –great, big, sipi--river, ini--people Largest and most powerful group of Algonkin. Known variously as: Algoumequins de l'Isle, Allumette, Big River People, Gens d l'Isle, Honkeronon (Huron), Island Algonkin, Island Indians, Island Nation, Kichesippiriniwek, Kitcisìpiriniwak , Nation de l'Isle, Nation of the Isle, People of the Island, and Savages de l'Isle. Main village was located on Morrison's (Allumette) Island, Ontario, near present day Pembroke. The Kichesipirini are fortunate to be the most extensively documented of all the Algonquin nations, with clearly documented governance, culture, economic activities, and genealogies. Numerous sources clearly describe many details concerning this nation and assist in our understanding of how this nation lived and defined themselves prior to European contact. The first group of Algonquins that the French encountered were the Kichesipirini, (Kitcisìpiriniwak), whose main permanent settlements were located on islands in the Ottawa River; the French called this group "La Nation de l'Isle."’

“In all its dealings with Aboriginal peoples, the Crown must act honourably, in accordance with its historical and future relationship with the Aboriginal peoples in question. The Crown’s honour cannot be interpreted narrowly or technically, but must be given full effect in order to promote the process of reconciliation mandated by s. 35(1).” Chief Justice McLachlin, Taku River decision (2004, Supreme Court of Canada), para. 24 (DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS, June, 2006)

Kichesipirini Algonquin First Nation

[email protected] April 22, 2007 Open Letter to Doug Carr Assistant Deputy Minister and Secretary for Aboriginal Affairs Ontario Secretariat Aboriginal Affaires Fax: (416) 326-4017 Mr. Carr, We appreciate your timely correspondence regarding the consultation process involving the Kichesipirini Algonquin First Nation and their recent land claim submission. Your response is a great disappointment after the very encouraging meeting we did have with the Federal and Provincial negotiators. While we do appreciate your suggestion that the Kichesipirini Algonquin First Nation participate in the existing process despite our many graves concerns that we have repeatedly expressed we again affirm that to do so would be an abrogation and derogation of our asserted inherent Aboriginal rights and an exercise in poor governance and business judgment. We continue to contend that we have been illegally discriminated against throughout the process and will continue to seek compensation for the resultant damages. It should also be noted that reference to the fact that while only a small portion of the Kichesipirini Algonquin First Nation members did chose to participate for various reasons in the ANR election process the Protocol Agreement does state that the said process agreed to by the Algonquins of Pikwakanagan and the ANND, and subsequent ANRs will not adversely impact on existing Aboriginal rights or rights to equality. Article 5 of the July 30, 2004 Addendum to the March 25, 2004 Protocol Agreement also states that “The Electoral Officer’s decision in that regard shall be final for purposes of the election in question, but is without prejudice to any subsequent application for recognition as a Community of Algonquins for election or other purposes related to the Treaty Negotiations.” The process has no legal authority beyond the election process developed and adhered to by the Algonquins of Pikwakanagan and the participating ANRs to determine the legal right of communities to participate in negotiations. Participation in the election process does not over-ride the right to freedom of association or any inherent Aboriginal right. Many individuals have been held hostage and denied the right to leave some communities currently at the table, despite the act that these

individual would greatly benefit being able to identify correctly as Kichesipirini descendents. We consider such actions to be cultural and political genocide. The Crown cannot delegate its specific obligations to Aboriginal people to any such created entity. The legal responsibilities to consult with, accommodate, negotiate and compensate lie solely with the Crown. The continued efforts to deflect or delegate authority and obligation are a serious flaw inherent throughout this process. While we agree that negotiating with 10 or more Aboriginal groups would be challenging for the Federal and Provincial governments we would draw your attention to the fact that the existing fractions and competition amongst the Algonquin community are the result of deliberate interference caused by colonization and the imposition of numerous external policies, and while Canada has been mandated according to international law to reconcile their relationship with the Aboriginal people imposing externally dictated demands that the Algonquins now suddenly speak with one voice for the convenience of the other two levels of government hardly seems logical, equitable, constitutional, or even legal. Such external dictates are another example of the failure to truly reconcile the injustices of the past and encourage the development of systems that further entrench and broaden the conditions of internalized oppression so prevalent within the Algonquin community. Perhaps the Algonquins should be insisting that the mainstream governments negotiate with one voice since the competing jurisdictions of the Federal and Provincial governments have been used to oppress and rob the Algonquins for centuries. It should be noted that were the matters before the courts and the international legal requirements applied it would be asked how many of the communities currently in existence would be able to negotiate a land claim? The Kichesipirini Algonquin First Nation possesses abundant historical proof and documentation yet it is being subverted by claim generated entities in an effort to minimize the liability of the Crown and the absorbent amounts of compensation legitimately owed according to that extensive documentation. No matter how much you rationalize the existing process, democratic or not, it cannot supercede or interfere with the inherent Aboriginal rights of the Kichesipirini Algonquin First Nation and their affiliates, and their rights to freely participate within the negotiation process as they see appropriate. It would seem apparent by your letter that you fail to understand that the Kichesipirini Algonquin First Nation is asserting their constitutionally protected inherent Aboriginal rights and that the ANRs do not represent us, are not mandated by us, and have no authority to keep the Kichesipirini Algonquin First Nation informed about the negotiations. Neither do they have any authority deciding whether or not the Kichesipirini Algonquin First Nation should be included within the process. We have repeatedly stated that we would graciously negotiate in co-operation with them but that ultimately there are no legal grounds for our continued exclusion.

It would seem that the ongoing exclusion of the Kichesipirini Algonquin First Nation cannot be resolved through the existing process and that the Kichesipirini will be exploring alternative routes to ensure the matters are more thoroughly examined and that genuine legitimacy can be more concretely and measurably introduced into this highly flawed and discriminatory process. Such efforts should ensure that the governments are not depending on faulty assumptions as the foundations of such an important endeavor. The current negotiations process fails to clearly ensure that important Aboriginal rights of the unrecognized Algonquins are even acknowledged, nor does it limit the potential for adverse impacts on their asserted or established rights. The legal realities have been reversed. We are expected to negotiate our future through substandard business, political and legal parameters. It is unacceptable. Should the table, and the Provincial government demonstrates clearly articulated written signs of flexibility and genuine good faith the Kichesipirini Algonquin First Nation would be interested in participating in negotiations. Until such time it will proceed with a number of initiatives concerning title and jurisdiction through alternative means. We will remain in contact with both the Federal and Provincial negotiators as circumstances dictate. Sincerely, Paula LaPierre Principal Sachem Kichesipirini Algonquin First Nation

By Honouring Our Past We Determine Our Future