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

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Presentation on theme: "Local First Nations & Duty to Consult Monday November 18 th, 2013 East Northumberland Secondary School Grade 12 Indigenous Class."— Presentation transcript:

1 Local First Nations & Duty to Consult Monday November 18 th, 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 Haida Nation Taku River Tlingit First Nation Mikisew Cree First Nation  United Nations Declaration of Rights of Indigenous Peoples (UNDRIP)– November 12 th, 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


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

13 Date: August 26 th, 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 Gunshot Treaty

14 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

15 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). Islands of the Trent Treaty

16 Rice Lake Treaty / Treaty 20 Date: November 15 th, 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.

17 Land Claims 3 Types of Aboriginal Claims Specific Comprehensive Other

18 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.

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

20 Current Issues / Myths

21 First Nations Don’t Pay Taxes Majority of on-reserve First Nation people work off reserve Pay income taxes just like any other Canadian citizen 60% of the local First Nations populations live off-reserve Pay taxes just like any other Canadian citizen So that means…..First Nation peoples do pay taxes and contribute to the local economy!

22 What about on taxes on purchases? First Nations are able to: save 8% of tax on any eligible purchase - Off reserve Same rebate as Ontario farmers. save 13% of tax on any eligible purchase - On-reserve only Metis and Inuit are not tax exemption pay all the same taxes as the average Canadian All Ontarians get a 8% tax exemption eligible groceries children's clothing books, etc.

23 Justin Beiber said he is enough ‘Indian’ that he gets free gas…. Petroleum products delivered to First Nation Reserve – non taxable First Nations people Do not pay on gas if purchased on reserve with valid “gas card” Sorry Beiber - no First Nations people receive free gas.

24 First Nation students living on-reserve receive significantly less funding than off-reserve or non First Nation student to attend public school Free Post Secondary??? First Nation students can apply to their First Nation for some Post Secondary funding If approved students may receive tuition, books and a limited amount for living allowance Not all students are approved for funding as there is a limited amount of money and more applicants each year Most First Nations students apply for OSAP, bursaries and scholarships like everyone else and have to work part time to make ends meet while at school.

25 First Nations need to get over the past… Many of the injustices towards First Nations people still continue today and the First Nations are still fighting for the same protection of their children and rights. Injustices towards First Nations Residential schools 1896-1996 The Sixties Scoop 1960-1980 Colonization 1700’s-present day Enfranchisement 1920-1985 Bill C-45 Omnibus Bill Idle No More Movement 2012 Destruction of our burial grounds & sacred sites 1800’s-present day Oka Crisis; Caledonia blockades; Ipperwash 1923 Williams Treaties, Basket Clause Loss of our ability to provide for our families 1923-present day

26 Transparency?? “Chiefs are rich and mismanage their First Nations money” Average First Nation leader salary in Canada - $36,000 Average Canadian salary - $46,000. 30 of the 615 First Nations Chiefs in Canada work for FREE First Nations have to report on all money received from the government and are audited every year. Less than 3% of audits ever found misuse of funding provided to First Nations Would your local Mayor work for free?

27 Grass Roots Movement – Started by 4 Saskatchewan Women – Youth, Women, Elders, Men (Indigenous and Non-Indigenous) – Protect Environment and Water Resources from Exploitation – Recognition of sovereignty and right to be consulted. – Opposition to omnibus Bill C 45 and Bill C 38 (passed in June 2012) What is Idle No More? First Nations are fighting for everyone's future and the right for all Canadians to have clean air and water.

28 Idle No More Continued.. Bill C-45 violates Canadian Constitution (Section 35) –Federal government did not adequately consult with First Nations before instituting the legislation –Supreme Court Decisions on Duty to Consult – Crown must consult when proposed activities such as legislative amendments may impact Aboriginal Traditional and/or Treaty Rights. United Nations Declarations on Indigenous Peoples Rights (UNDRIP) –does not honour the treaties or indigenous sovereignty –Canada signed on to UNDRIP – November 12 th, 2010.

29 This has nothing to do with race or ethnicity! This movement belongs to anyone who wants to stand up for the Earth, democracy, women and also make a positive change in the community We need everyone's support to ensure the proper protection of our resources so that our children and grandchildren have the same quality of life that we have enjoyed Its about clean water and air Idle No More Continued..

30 Transportation – canoe, kayak, toboggan, snowshoes, moccasins Medicine –pain reliever, petroleum jelly, upset stomach remedies, cure for scurvy, cough syrup Games – lacrosse, dart game Food – wild rice, sunflowers, chewing gum, corn, maple syrup Tools – snow goggles, bows, arrows, fish hooks, lures, camoflague, Other – Hammocks, baby carriers, diapers, hair conditioner, asphalt, megaphones, aerodynamic design from First Nation arrows are copied today on airplanes to ensure they fly straight. Inventions by First Nations

31 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: Email:

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