MITCHIKANIBIKOK INIK

September 15, 2015

Algonquins of Barriere Lake

Les Algonquins du Lac Barriere
KITIGANIK Rapid Lake Lac Rapide
Quebec J0W 2C0

Prime Minister Stephen Harper. CPC

Mr. Thomas Mulcair, Leader, NDP
Mr. Justine Trudeau, Leader, LPC
Mr. Gilles Duceppe, Leader BQ
Ms. Elizabeth May, GPC

Telephone: (819) 435-2181 Fax: (819) 435-2181

Abitibi-Baie James-Nunavik-Eeyou
Mr. Romeo Saganash, NDP
Mr. Luc Ferland, BQ
Mr. Patrick Benot, GPC
Mr. Steven Hbert, CPC

Pontiac
Mr. Mathieu Ravignat, NDP
Mr. William Amos, LPC
Mr. Nicolas Lepage, BQ
Mr. Colin Griffiths, GPC
Mr. Benjamin Woodman, CPC
Re: Questions to Main Federal Leaders and Candidates in
Abitibi-Baie James-Nunavik-Eeyou and Pontiac Federal Ridings
Dear Federal Leaders and Candidates:
We are the Algonquins of Barriere Lake (also known by our Algonquin name, the Mitchikanibikok
Inik). We are a First Nation community of approximately 560 people living within our territory,
situated in the province of Quebec, a 3-hour drive north of Ottawa. Our central issue with the
Federal Government involves a resource co-management agreement signed between the
community, Canada, and Quebec in 1991 called the Trilateral Agreement. This agreement
proposed a vision of peaceful co-existence between Indigenous peoples, industry, and the settler
governments, in particular to manage resources and land use in the area. However, the agreement
has never been fully implemented and the failure of governments to honour the agreement has led
to collateral forms of damage and fall-out that continue to create tensions, financial crises, and
disruption in the region. In light of this history, Barriere Lake is reaching out to the main federal
leaders and regional candidates to seek commitment to addressing these crucial local issues.

Our questions are as follows (further background information provided below):

1. If your party forms the government, will you agree to resuming of full federal participation
in the Trilateral Agreement, including those aspects of the 1998 Agreement signed with
Quebec, which require federal involvement?
2. If your party forms the government will you agree to engaging in good faith negotiations
to clarify the financial situation of our First Nation as provided in the Special Provisions
attached to and forming part of the Funding Arrangements between ABL and DIAND from
September 1997 until March 31, 2007, including the issue of compensation for the decision
by DIAND of January 23, 1996, to place our First Nation into Third Party Management?
3. If your party forms the government will you agree to fulfilling the terms of the
Memorandum of Mutual Intent (MMI) signed by then ABL Chief, Harry Wawatie, and
then DM of DIAND, Scott Searson, on October 21, 1997, and to this end, to negotiate a
schedule and budget for fulfilling the elements of the Global Proposal, attached to the
MMI, including funding to enable the ABL to participate in negotiations with AANDC?
4. If your party forms the government will you agree to negotiate a suitable joint
administration regime for the delivery of federal programs and services?
5. If your party forms the government will you agree to the appointment, as soon as
practicable after forming government, of a federal negotiator to negotiate the above-noted
items on behalf of the federal government, mandated by and reporting directly to the
Minister or the DM of AANDC in consultation with our Special Representative Mr.
Clifford Lincoln and myself as Chief to identify a federal negotiator mutually acceptable
to AANDC and our First Nation?
Background
The electoral boundaries of the Abitibi-Baie James-Nunavik-Eeyou and Pontiac Federal Ridings
have been imposed over our traditional territory. In the 1991 resource co-management agreement,
this traditional territory was recognized as the Trilateral Agreement Territory.
Our People have homes at our traditional settlement of Barriere Lake and in areas/watersheds in
the Abitibi-Baie James-Nunavik-Eeyou Federal Electoral Riding. We also have an Indian
Reserve at Rapid Lake, and many of our People have homes throughout our Trilateral Agreement
Territory in the Pontiac Federal Election Riding. (see attached map).
Our Algonquin First Nation asserts Aboriginal Rights and Title within the Trilateral Agreement
Territory.
However, despite holding Aboriginal title to this unceded land, the socioeconomic conditions of
our community are extremely poor:

We have been marginalized onto a tiny 59-acre reserve at Rapid Lake, which is
overcrowded, dusty and badly eroding;

Unemployment rates are in the range of 80-90%;

There is a housing crisis in our community on the average, there are 7 persons per home,
but the actual numbers go as high as 18-23 per house;

Education achievement levels are low and the incidence of diabetes is high;

Community development has been stalled since the 2006 imposition of a federal Third
Party Manager to control and manage all governmental transfer payments;

On the positive side, our community has managed to maintain its language, customs and
traditional way of life.

In 2010, over the objections of a vast majority of the community, our community was forced into
the Indian Act elective system after governing ourselves by way of customary governance
traditions since time immemorial. Our current Chief and Council have been elected to a second
mandate, but we are planning to establish a community process to return to our Algonquin
customary system of governance.
Honour Your Word! Canada in Breach of Agreements
In 1991, after many blockades and protests, the Governments of Canada, Quebec and our First
Nation entered into a Trilateral Agreement. The Trilateral Agreement (TA) is a governmentto-government negotiation on land use and management between our First Nation, and the
governments of Quebec and Canada. Signed by all parties on August 22, 1991, the Trilateral
Agreement Territory (TAT) covers an area of 1,076,415 ha where our First Nation has lived as a
community for generations.
In 1997, then Deputy Minister of Indian Affairs, Scott Searson, came to our Rapid Lake Reserve
to sign a Memorandum of Mutual Intent (MMI) with our ABL customary Chief, Harry Wawatie.
The MMI had attached to it a Global Proposal for Rebuilding the Community of the
Algonquins of Barriere Lake. The MMI committed the Department and our then Customary
Council to work together, in a partnership, toward the realization of the global plan and the MMI
also endorsed our communitys vision, which is as follows:
We have adopted a vision for the future that incorporates four fundamental orientations:
(1) Strength through the retention and enhancement of their culture, language and
traditional way of life, augmented by improved training and education geared to needs;
(2) Self-government through adherence to their customary system of government and
continued respect for their customs adapted to meet contemporary circumstances;

(3) Community development which includes positive social development, economic selfsufficiency and modern infrastructure; and
(4) A decisive voice in resource management decisions within their traditional territory,
guided by the principles of sustainable development and equitable sharing of resources.
The MMI Global Proposal was developed with our First Nation by federally appointed facilitators
to implement our First Nations vision. It was an acknowledgement of our First Nations dire
conditions and proposed a comprehensive support and development package from the federal
government to bring our First Nation to a level playing field with other communities. The
elements of this package include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

Housing and infrastructure;

Multi-functional/Community Centre/Administration Building;
Education facilities;
Community, Social and Educational Development;
Governance and Administrative Development;
Restoration and Consultation Costs;
Trilateral Agreement; and
Expanded Land-Base and Electrification.

The schedule contemplated for completion of the global proposal was five years.
After normalized relations with the Government of Canada, on May 22, 1998, our First Nation
entered into a companion Agreement with the Government of Quebec entitled AGREEMENT
ON APPROACH AND PROCESS For Completing Phases Two, Three And Undertaking
Negotiations Under the Trilateral Agreement. Included in this ABL-Quebec Agreement was
provision for negotiations regarding the Rapid Lake Reserve site, section 7 provides:
Negotiations
7. (1) The parties agree to immediately enter into negotiations respecting the
following subjects:
a) identification of an area of land for the exclusive use of the community of
Mitchikanibikok to meet the basic needs for community dwellings and
community infrastructures, it being understood that this does not engage the
government of Quebec in the financing of infrastructures and activities
which are the responsibilities of the federal government;
b) participation in economic spin-offs according to models to be defined (for
instance partnerships, economic benefits, resources revenue sharing, access
to resources, etc.);
c) participation in management and sustainable development of resources;
d) electrification of the community; and
e) economic development of Mitchikanibikok including potentially hydroelectric projects.

(2) The exact scope and schedule of the negotiations, as well as the agenda for
negotiations shall be developed by the Special representatives immediately
following the signing of this Agreement.
Through negotiation under the Trilateral Agreement an Agreement-in-Principle was reached April
27, 1999, between Canada-Quebec and our First Nation on the expansion and development of the
Rapid Lake Reserve. Quebec agreed to transfer the land for expansion, contingent to a Government
of Canada investment plan, schedule and a clear commitment to spend. On May 7, 1999, a
DIAND official, Mike Samborski, formally told our First Nation that $17,102,600 was referenced
over a five-year period for capital expenditures on housing and infrastructure, education
facilities, and other community infrastructure and equipment.
The MMI between DIAND and our First Nation was signed when Jane Stewart was Minister of
Indian Affairs. After Robert Nault became Minister of Indian Affairs, in June of 2000, he decided
to abandon the Government of Canadas commitments and obligations under both the Trilateral
Agreement and the Memorandum of Mutual Intent (MMI) and the global proposal. Minister
Naults decision to walk away from two signed, solemn agreements, basically placed our First
Nation in a position of arrested development, because the processes established under these
Agreements ceased to operate in any sustainable way.
Relationship with Federal Government is Broken
Unfortunately, as with most First Nations across Canada our relations with the Harper government
have been very poor.
We took legal action against the federal government and their Third Party Managers (TPMs) in an
effort to regain control of our communitys finances and administration. Unfortunately, our case
was moved from Toronto courts where our lawyer is located to Montreal, which is more costly for
our lawyer and our First Nation. We are now considering our legal options. This will take some
time but we fully intend to achieve this goal one way or another.
Meanwhile, the federal government has taken our Council to court for non-compliance with the
federal First Nations Financial Transparency Act - not because we refuse to disclose our salaries
- but because we refuse to sign off on an audit we had no input into or many of the financial
transactions of the federal governments Third Party Manager.
Since the fall of 2014, our Council has been requesting to the federal Minister of Aboriginal
Affairs, Bernard Valcourt the following three conditions to agreeing with the audit process:

Our Council wants a say in choosing the auditor; and

Our Council wants a say in the scope of the audit; and
Our Council wants a dispute resolution process regarding transactions our Council did not
approve made by the Third Party Manager.
Minister Valcourt refused our Councils request and the deadline passed last fall for the FNFTA
to take effect to have our audit filed with the federal government. We missed the FNFTA deadline
because our First Nations audit was incomplete. The Third Party Manager did not ensure the

financial information from all federal departments was received in time. Two federal departments,
Health Canada and Human Resources Development Canada had not provided the required
financial information for the 2013-2014 audit.
As a consequence, Minister Valcourt cut what he called our non-essential services - band support
and economic development. Our Council and First Nation was penalized by the federal Minister
of Aboriginal Affairs for not meeting the FNFTA deadline.
This federal law is flawed. The FNFTA is silent on the transparency or accountability of federally
appointed Third Party Managers or federal departments to First Nations on how monies Parliament
voted on for First Nations is being spent and accounted for by federally appointed Third Party
Managers or federal bureaucrats, including those at federal departments in the Quebec Region.
Our Council wants to see transparency and accountability from the Third Party Managers and the
federal governments officials about their financial decisions that affect our First Nations social
and economic development. Our First Nation has been in federal Third Party Management since
2006: nine years now!
Our community development is frozen and our social and economic conditions are not improving
under Canadas colonial system of control by Third Party Managers.
Our Council is requesting that the federal government honour the previous agreements with our
First Nation and in cooperation with our Council implement our former Chief Wawaties Master
Plan for the expansion of our land-base at Rapid Lake, as well, as the terms and conditions for the
electrification of Rapid Lake. We want a decisive voice in our community development!
Our Council is in negotiations with the government of Quebec regarding the co-management of
the Trilateral Agreement Territory and resource revenue sharing among other issues, including the
electrification of our community and the expansion of our land base at Rapid Lake. We need an
agreement with Canada on these last two issues.
Since there is a federal election campaign on right now our Council is seeking answers from the
federal leaders and candidates to the questions listed above so that we may advise and prepare our
People accordingly.
It is our hope that each of your parties will respond to our questions, if you do not respond we will
take that as a response that we are not worthy of your consideration.
Yours Truly,

Chief Casey Ratt

MRNF- Agreements with Native Communities

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AGREEMENT ON APPROACH AND PROCESS

For Completing Phases Two, Three
And Undertaking Negotiations
Under the Trilateral Agreement
BETWEEN:
THE ALGONQUINS OF BARRIERE LAKE, also known as, Mitchikanibikok Inik,
represented by their Customary Chief, Mr. Harry Wawatie (hereinafter referred to as
"Mitchikanibikok");
AND:
THE GOUVERNEMENT DU QUBEC represented by Mr. Guy Chevrette, Minister of
Natural Resources and Native Affairs (hereinafter referred to as "Qubec");

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WHEREAS the parties signed the Trilateral Agreement on August 22, 1991, as a pilot
project to promote sustainable development and the reconciliation of resource-uses by
Mitchikanibikok and non-Mitchikanibikok people within the territory identified by the
Trilateral Agreement;
WHEREAS the Trilateral Agreement contemplates carrying out the following
works/activities:
Phase one: studies and inventories of the renewable natural resources within the
territory;
Phase two: preparation of a draft integrated resource management plan (IRMP);
Phase three: formulation of recommendations for carrying out the draft IRMP; and
Negotiations: Mitchikanibikok and Qubec negotiate an agreement on carrying out the
recommendations retained;
WHEREAS the parties have not completed the Trilateral Agreement but have made
significant progress in the sense that:
Phase one has been completed and an important and useful body of scientific and

traditional knowledge has been accumulated with respect to the renewable natural
resources within the territory;
Phase two is incomplete, however substantial work has been undertaken toward

the preparation of the draft IRMP;

Phase three and Negotiations have not yet been started;

WHEREAS the parties are committed to completing the works/activities contemplated by

the Trilateral Agreement, specifically phases two and three;
WHEREAS the parties have a mutual interest and desire to proceed to negotiations in
advance of finishing phases two and three, based upon the following considerations:
a)

the parties wish to implement and make practical use of the knowledge
accumulated during phase one while the knowledge is still current;

b)

the parties have acquired sufficient knowledge and information about

resources and resource-uses to enter into certain negotiations;

c)

the preparation of the draft IRMP is contingent on the adoption of a set of

mutually acceptable objectives (as quantifiable and/or specific as possible);

d)

the socio-economic situation of the Mitchikanibikok people is unacceptably

poor and there is an urgent need to begin rebuilding the community;

e)

the negotiation between Mitchikanibikok and Qubec would enhance certainty

and benefit economic interests within the region.

WHEREAS the federal government, signed the Trilateral Agreement pursuant to its
"special fiduciary responsibility toward the Algonquins of Barriere Lake";

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MRNF- Agreements with Native Communities

Page 2 of 3

THEREFORE the parties agree as follows:

Reaffirmation of Trilateral Agreement
1.
2.

3.

4.

5.

6.

7.

This agreement is being entered into pursuant to section 6 (b) of the Trilateral
Agreement for the different phases contemplated therein.
The parties reaffirm their commitment to finalize the work begun under the
Trilateral Agreement to the satisfaction of both parties.
Dual Approach
The parties agree to pursue a dual approach. They will simultaneously:
complete the works contemplated by the Trilateral Agreement;
enter into negotiations provided herein.
Phases Two and Three
The parties agree to constitute a technical committee to finalize a work plan to
complete phases Two and Three. This technical committee will be co-chaired by
the Special Representatives of the parties and its membership shall include
officials within affected Qubec ministries as well as Mitchikanibikok
representatives.
The technical committee will put the emphasis on two aspects of the work plan:
the elaboration of objectives for the IRMP; and
the identification and definition of the scenarios respecting projected resourcesuses within the Trilateral Agreement territory.
The starting point for the discussion on objectives shall be the six
principles/objectives formerly agreed upon by Dr. Andr Lafond and David
Nahwegahbow.
The parties agree that the technical committee must come to a quick agreement on
the workplan. If agreement is not reached within 30 days of signing this
Agreement, then an outside party shall be brought in to assist and facilitate these
discussions. This outside party must be mutually agreed upon by the Special
Representatives of the parties.
Negociations
(1) The parties agree to immediately enter into negociations respecting the
following subjects:
a)

b)
c)
d)
e)

8.

9.

10.

11.
12.
13.

identification of an area of land for the exclusive use of the community of

Mitchikanibikok to meet the basic needs for community dwellings and
community infrastructures, it being understood that this does not engage the
gouvernement du Qubec in the financing of infrastructures and activities which
are the responsabilities of the federal government;
participation in economic spin-offs according to models to be defined (for
instance partnerships, economic benefits, resources revenue sharing, access to
resources, etc.);
participation in management and sustainable development of resources;
electrification of the community; and
economic development of Mitchikanibikok including potentially hydro-electric
projects.

(2) The exact scope and schedule of the negotiations, as well as the agenda for
negotiations shall be developed by the Special representatives immediately
following the signing of this Agreement.
Any matter which has not been negotiated and agreed upon as part of negotiations
under section 7 shall be negotiated following the completion of phases two and
three as provided in the Trilateral Agreement.
Provisional Measures
The parties agree that the provisional measures process will continue to be in
effect until all phases contemplated by the Trilateral Agreement are completed.
Upon the signing of this Agreement, the Special representatives of the parties shall
develop a procedure and budget to ensure the smooth and stable functioning of
the provisional measures process.
Schedule and Budget
The parties agree as follows with respect to the time-frame:
the schedule to complete the works contemplated by the Trilateral Agreement
along with the negociations provided herein (section 7) shall be determined by the
Special representatives of the parties without exceeding a maximum of two years
after agreement on a workplan and budget.
The budget for office and technical costs related to phases Two and Three shall be
developed by the Special representatives of the three parties to the Trilateral
Agreement.
The representation costs incurred in the negociations are assumed by each of the
parties, as provided in the Trilateral Agreement.
This Agreement shall be in force when signed by both parties.

May 22, 1998)

Date

MITCHIKANIBIK

(Hector Jrme)
Witness

(Harry Wawatie)
Chief Harry Wawatie

(May 22, 1998)

Date

QUBEC

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MRNF- Agreements with Native Communities

(Robert Sauv)
Witness

Page 3 of 3

(Guy Chevrette)
Minister Guy Chevrette

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