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Local First Nations & Duty to Consult

Local First Nations & Duty to Consult. Monday November 18 th , 2013 East Northumberland Secondary School Grade 12 Indigenous Class. Agenda . Introductions Curve Lake First Nation Local First Nations Consultation Royal Proclamation Treaties/Land Claims. Curve Lake First Nation.

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Local First Nations & Duty to Consult

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  1. Local First Nations & Duty to Consult Monday November 18th, 2013 East Northumberland Secondary School Grade 12 Indigenous Class

  2. Agenda • Introductions • Curve Lake First Nation • Local First Nations • Consultation • Royal Proclamation • Treaties/Land Claims

  3. Curve Lake First Nation • Mud Lake Band #35 recognized as a reserve in 1889 • Curve Lake First Nation - 1964 • Curve Lake is compiled of 2 reserves • #35 and #35A (Fox Island) • Membership 2000+ • Co-owns Islands of the Trent with Hiawatha and Scugog First Nations

  4. Local First Nations Mississauga First Nations are the signatories to the Treaties that allowed for settlement within this area On reserve population: 300 Off reserve population: 650+ On reserve population: 764 Off reserve population: 1161 On reserve population: 250 Off reserve population: 342 On reserve population: 53 Off reserve population: 220

  5. Consultation The Duty to Consult stems from… • The Royal Proclamation of 1763 • The Constitution Act, Canada Section 35 (1) 1982 • Supreme Court rulings • HaidaNation • TakuRiver Tlingit First Nation • MikisewCree First Nation • United Nations Declaration of Rights of Indigenous Peoples (UNDRIP)– November 12th, 2010.

  6. Royal Proclamation • Guidelines for European settlement • Issued by King George III in 1763 • Claim for British territory in “North America” • Settlers - purchased lands through Crown only

  7. Royal Proclamation • “Indian Magna Carta” • Aboriginal Title and Rights • Self Determination • All unceded lands • Foundation for Treaty making • No Aboriginal input – Royal Proclamation • Monopoly over Aboriginal lands – British Crown

  8. Accommodation • Proposed activity - adversely affect a right (Aboriginal or Treaty) • Different based on level of impact and Aboriginal/Treaty Rights • Mitigation process to seek compromise conflicting interests • Compensation – Impact Benefit Agreement

  9. What is a TREATY? • Formally ratified agreement under international law • legally binding • Government of Canada & the Courts understand Treaties between the Crown and First Nations people to be solemn agreements that set out; • Promises • Obligations • Benefits for both parties • Different interpretations – Court Cases

  10. Williams Treaties Date: 1923 Location: At each reserve Signed By (Indian side): Chippewas; Christian Island (Beausoleil), Georgina Island, Rama (Mnijikaning). Mississauga; Alderville, Curve Lake, Hiawatha, Scugog. With Whom: Commissioners; P.S. William, R.V. Sinclair, Uriah McFadden In Attendance: Witnesses; Katherine Moodle, R.J. McCamus Received: 250,000.00 Given Up: Their share of aboriginal title to the Northern hunting grounds of 17600 sq. mi., more or less (clause 1), 9 Townships and Gunshot Treaty lands containing 2500 sq mi., more or less

  11. Southern Ontario Mississauga Treaties • Gunshot Treaty - August 26th, 1788 • Simcoe Treaty -1792 • Rice Lake Treaty - November 15th, 1818 • Island of the Trent Treaty - June 24, 1856

  12. Gunshot Treaty Date: August 26th, 1788 Location: Meeting at Fort York Signed By (Indian side): Unknown With Whom: Lieutenant Colonel John Butler – Indian Affairs In Attendance: Unknown Received: No Compensation Given Up: Land on the North shore of Lake Ontario from Toronto (1787 Toronto Treaty) on the west to the Bay of Quinte (1783 Crawford Treaty ) on the east as far north from shore as far as a gunshot could be heard, generally interpreted as far north as Rice Lake

  13. Simcoe Treaty • Date:1792 • Location:Unknown • Signed By (Indian side): Unknown • With Whom: Unknown • In Attendance: Unknown • Received:No treaty surrender prior to 1923 and was not recognized, considered or compensated in the 1923 Williams Treaty • Given Up: • In the Municipality of York; • the Townships of East Gwilliumbury, North Gwilliumbury, Georgina, and Whitchurch • In the County of Ontario; • Townships of Brock, Reach, Scott, Thorah and Uxbridge

  14. Islands of the Trent Treaty Date: June 24, 1856 Location: Mud Lake (Curve Lake First Nation 35) Signed By (Indian side): Chiefs and Principal Members: G. Paudash, J.Crow, R.Soper, P.Noogee, J.Bigman, J. Crane, J.McCue, P. Patchey, I.Irons, J.Muskratt With Whom: T.J. Anderson Superintendent of Indians Affairs In Attendance: Witnesses: J. Short, L. Skye, M.G. Paudash (Interpreter), J. Fawn, J. Schofield, W. Marsden, J.Crane Jr. Received: Revenue from the sale of these properties to be safely invested with interest from theses investments to be paid annually Given Up: All islands and mainland in Newcastle and Colborne Districts including in Rice Lake not yet ceded excluding Reserve (Islands of the Trent Waterway System).

  15. Rice Lake Treaty / Treaty 20 Date: November 15th, 1818 Location: Unknown Signed By (Indian side): Chiefs: Buckquaquet, Pishikinse, Pahtosh, Cahgahkishinse Principal Men: Cahgagewin, Pininse With Whom: Honourable William Claus - Deputy SuperIntendent General, Indian Affairs In Attendance: Witnesses: J. Givins, Supt, Indian Affairs William Hands, Clerk, Indian Affairs Williams Greut, Intepretor, Indian Affairs Received: 740 pounds of goods paid annually – that is, for every living man, woman and child, 10 dollars in good annually but upon death between payment periods, no partial payment would be made for that pay period. Given Up: 1 952 000 acres in Victoria, Peterborough and Hasting Counties.

  16. Land Claims 3 Types of Aboriginal Claims • Specific • Comprehensive • Other

  17. Local First Nations just received money for ‘nothing’ Trent Severn Waterway - 1833 – dammed water system to allow for navigation Curve Lake, Hiawatha and Scugog First Nations - Islands of the Trent Treaty 1856 • 12,000 acres of land owned by First Nations were drowned • First Nations were never compensated - initiated claim to seek compensation for loss of land. • Settlers were compensated for their loss of land.

  18. Islands of the Trent Claim Settlement • 3 Mississauga First Nations negotiated with Canada and Ontario Government for over 10 years. • Mississauga First Nation Communities • Community meetings • Ratification vote - March 27th, 2012 “This is a historic day, it has been a long battle…it was joyful at times and heart wrenching at others…”

  19. MIIGWETCH IF YOU WOULD LIKE MORE INFORMATION, PLEASE CONTACT US: Krista Coppaway – Communications/Community Engagement Officer Corey Kinsella - Lands Resource Consultation Liaison Curve Lake First Nation Phone - 705-657-8045 Email: communicationofficer@curvelakefn.ca Email: cdutytoconsult@curvelakefn.ca

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