Law Times

Page 10 May 1, 2017 • Law TiMes www.lawtimesnews.com Algonquin treaty negotiations see progress BY MARG. BRUINEMAN For Law Times A n agreement in prin- ciple achieved be- tween the federal and Ontario governments and the Algonquin and Innu is considered by many as a major milestone marking Ontario's first modern-day treaty. But not everyone is delighted by the agreement, which may yet take years to finalize. "It's about reconciliation. Es- sentially, what we're trying to do is reconcile 250 years of history," explains Bob Potts, a litigator and partner at Blaney McMur- try LLP, who has included ab- original law in his work for the past 30 years. Potts became involved in the Algonquin treaty negotiations in 2003, and negotiations with the federal government began in 2005. That resulted in a draft agreement in 2013, which was put out to the public for com- ment. A revised agreement in principle was drafted and finally signed on Parliament Hill this past October. But the Algonquins have been attempting to petition to have a treaty since 1772, Potts says. Petitions have been made over more than the two centu- ries since, with no results. Potts describes the current process as an attempt to reaffirm and ultimately reestablish the Algonquin presence in the Ot- tawa Valley. "The significance of it is in the reconciliation of the power structure that ought to have been there will be appropriately realigned and the Algonquins will have a place, a much more effective and important place in the ongoing affairs of that part of our nation," he says. "This is a wonderful expres- sion of some of the very unique law that has been handed down from the Supreme Court of Canada." What is unique about this agreement is that it is one of the few that focuses on a largely pop- ulated area. It also has status and non-status components. The deal involves nine million acres with 86 municipalities from the nation's capital to North Bay, in- cluding Algonquin Park. Potts says it also includes eco- nomic development and the re- establishment of archeological and culturally important sites. A light rail station in Ottawa is being dedicated entirely to aboriginal/Algonquin ways and a development in downtown Ottawa, along with others, will note the presence of the Algon- quin and celebrate their history. The next step is to engage with both the federal and On- tario governments to nail down the treaty, using the agreement in principle as a framework. That process, mapped out in a five-year work plan, is expected to delve into more specific details such as trapping, hunt camps, municipal zoning and meeting with neighbours. At that point, if it's successful, the Algonquin beneficiaries will take it to a vote and, if they're in favour, it will be taken to the government to be passed as a treaty. Jason Madden, a Métis and partner at Pape Salter Teillet LLP who practises aborigi- nal law with a focus on Métis- related issues, represents the Manitoba Métis Federation, which in November signed a framework agreement with the federal government setting out a formal negotiations process to talk about rights, land and self- government. Madden has been watch- ing the Algonquin negotiations closely because the Métis are dealing with the same subject matter, he says. "It's slowly got to this point where the recognition of Métis rights and the need to deal with the Métis as a unique and dis- tinct group has finally, I think, got to the tipping point and I'm cautiously optimistic. It's always easier to sign framework agreements and processes committing to ex- ploratory discussions. The proof is in the pudding. Do we ulti- mately get to real reconciliation through just and lasting settle- ment? But compared to being in neutral since 1982 almost, a lot has been happening," he says. "The Algonquin claim is in- teresting because it is grappling with some of the issues the Métis face," he says. "They're two very different indigenous people who have seen their territories gob- bled up by settlement." The land claims process, he adds, are not ideal, they take too long and they are too expensive, but they're all that are currently available to advance and resolve the claims, he adds. The Manitoba Métis Fed- eration initially filed its claim in 1981. Litigation began after it was rejected by the federal government, taking 32 years to make its way to the Supreme Court of Canada. The Algonquin claim is the only one in Ontario currently being negotiated, largely because there are historic treaties in On- tario. There have been 26 modern- day treaties signed since the James Bay Cree Agreement in 1975. Prior to that, the last one was Treaty 11 in 1921. "These modern-day trea- ties are really Canada's attempt to restart the treaty process but also resolve some of these bro- ken promises," says Madden, who sees current discussions as an attempt to rebalance the situ- ation after years of "erasing that indigenous space. "How I see these goals [is that they] are carving out a safe, con- stitutionally protected space so my clients, the Manitoba Métis and others, never become just a footnote in history." How the Algonquin agree- FOCUS Bob Potts says an agreement in principle achieved between the federal govern- ment and the Algonquin is an attempt to reaffirm and ultimately reestablish the Algonquin presence in the Ottawa Valley. 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