On August 17, 1992, the Teme Augama Anishnabai and the Ontario
Government announced the beginning of "substantive" negotiations
for the Treaty of Co-Existence.
Chief Gary Potts of the Teme-Augama Anishnabai called it a
promising step in the 116th year of struggle for a treaty. The
first step was taken by Chief Tonene in 1877 when he travelled to
Lake Nipissing to protest his incursion by lumbermen into n'Daki
Menan, his people's traditional homeland. Excluded from the 1850
Robinson-Huron Treaty by the colonial government, Chief Tonene told
the federal Indian agent that the Teme-Augama Anishnabai never
signed the 1850 treaty. He said the lumbermen had no right to be on
n'Daki Menan until a treaty was signed.
Still without a treaty 96 years later, Chief Potts filed "cautions"
under the Land Titles Act in 1973 on all unpatented land in n'Daki
Menan to stop incursions by the Ontario government. In 1984, after
119 days of proceedings, the Supreme Court of Ontario ruled in
favour of Ontario.
The Teme-Augama Anishnabai - shocked at the court's disregard for
history and human rights - appealed to the Appeal Court of Ontario
and finally the Supreme Court of Canada.
At the end of an arduous 18 year journey through the Canadian court
system, the Teme Augama Anishnabai's appeal was dismissed. While
recognizing that the Teme-Augama Anishnabai had an aboriginal
right, the highest court ruled that right was lost by adherence to
the Robinson-Huron Treaty through subsequent arrangements.
There were two such arrangements : some members of the Teme-Augama
Anishnabai accepted $4 treaty payments and a one-square mile
reserve was created on Bear Island.
This decision was especially devastating for the Teme-Augama
Anishnabai because no one from their nation ever signed the 1850
treaty. Instead, it was imposed on them - 141 years after the fact.
While ruling that the aboriginal right had been extinguished by
subsequent arrangements to the 1850 treaty, the court went on to
say: "It is conceded that the Crown has failed to comply with some
its obligations under this agreement, and thereby breached its
fiduciary obligations to the Indians. These matters currently form
the subject of negotiations between the parties".
As the Supreme Court of Canada pointed out in its decision, the
"Crown" has breached its fiduciary duty. (A duty to act for someone
else's benefit, while subordinating one's personal interests to
that of the other person. It is the highest standard of duty
implied by law, eg. trustee, guardian. - Black's Law dictionary,
Abridged Sixth Edition).
The solution is now a Treaty of Co-Existence.
The Treaty of Co-Existence will be based on the concept of
stewardship. Under the treaty, land stewardship is divided int
three categories of care.
The first category is sole stewardship lands where the Teme-Augama
Anishnabai governments would exercise its own authority.
The second category is shared stewardship. This means that a joint
Native/non-Native governing body made up of local representatives
would have authority over an area of n'Daki Menan.
The third and final category of land covers organized
municipalities whose borders fall within n'Daki Menan. Authority in
these areas will remain with the municipalities and Ontario.
Negotiations for the Treaty of Co-Existence will cover : land
resources, compensation, taxation, economic development and
government. Private property is not on the negotiation table.
The Treaty of Co-Existence is a much needed solution to problems
affecting the region.
- The Teme-Augama Anishnabai will benefit by acquiring the
means for meaningful self-government, self-sufficiency,
and economic development.
- Local economies will benefit from new economic
development and responsible resource management that
provide for long term sustainability.
- Stewardship of the land will be the responsibility of
local people who must live by their decisions.
- Co-Existence will foster a spirit of co-operation among
people in the area.
Teme-Augama Anishnabai land stewardship is based on 6000 years of
living within the natural framework of n'Daki Menan.
Fundamental to Teme-Augama Anishnabai land stewardship is a deep
respect for n'Daki Menan as the source of, and provider for, all
living things. There is a basic understanding that all of Creation
is sacred and everything in it has a special meaning and purpose.
This natural, holistic and centuries-old approach to land
stewardship is expressed today in the land management principles of
Sustained Life and Sustainable Development.
The goal of the Teme Augama Anishnabai is to manage n'Daki Menan
according to these principles and to protect and enhance its
natural integrity for the benefit of those not yet born.
Today our stewardship role includes improvement and rehabilitation
of areas that have been abused and degraded in the interests of
short-term monetary gain.
We are not against any particular uses of n'Daki Menan but we
insist that the land itself dictate the type and intensity of those
uses. As stewards of n'Daki Menan, this is our sacred trust and
responsibility.
MEMORANDUM OF UNDERSTANDING
The Memorandum of Understanding was signed on April 23, 1990 by the
Teme-Augama Anishnabai and the Ontario Government. The "MOU"
committed the Teme-Augama Anishnabai and Ontario to three
processes:
- negotiations for a Treaty of Co-Existence;
- establishment of a stewardship council;
- bilateral consultation in forestry management.
Under the bilateral process Teme-Augama Anishnabai staff review the
Ministry of Natural Resources' timber management plans and make
recommendations based on the principles of sustained life and
sustainable development.
The stewardship council was established with the signing of an
addendum to the MOU on May 23, 1991; the council was named the
Wendaban Stewardship Authority and is a decision-making body with
equal Native and non-Native membership. The authority is a land
management regime which studies and plans for all uses and
activities in its jurisdiction (four townships, or about 3.5% of
n'Daki Menan).
The Treaty of Co-Existence process, the most important part of the
MOU, provides for actual treaty negotiations; this includes all of
the research and administrative work being done in support of
negotiations.
[N'Daki Menan is a 4,000 mile territory covering 110 townships,
north of North Bay in northeastern Ontario. N'Daki Menan is the
homeland of the Teme Augama Anishnabai, the Deep Water People, who
have given their name (Temagami) to the largest lake and village in
their homeland.]
Call or write for futher information :
Teme Augama Anishnabai Negotations Unit
Group Box 46, Bear Island, Lake Temagami
n'Daki Menan, Ontario P0H 2H0
tel (705) 237-8933 fax (705)237-8908