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Old Posted Dec 13, 2012, 11:47 PM
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waterloowarrior waterloowarrior is offline
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Algonquin Land Claim

The “Preliminary Draft Comprehensive Land Claim Agreement-in-Principle December 2012” is now available for public review. Lots of background info at the bottom of the page.

http://www.aboriginalaffairs.gov.on....-draft-aip.asp

Quote:
The Algonquin Land Claim is the largest and most complex land claim in Ontario under active negotiation, covering a territory of 9 million acres, or 36,000 square kilometres, and populated by more than 1.2 million people.

Ontario accepted the claim for negotiations in 1991, 21 years ago. If successful, settlement of this long-standing land claim would result in Ontario’s first modern-day constitutionally protected treaty.

The negotiators for the Algonquins of Ontario, the Government of Canada and the Government of Ontario have agreed that:
  • No privately-owned property will be expropriated and private property owners will continue to enjoy unencumbered access to their property.
  • Algonquin Park will remain a public park for the enjoyment of all.
  • No new reserves will be created on transferred lands.
  • The final settlement is expected to include a financial component, the transfer of some Crown lands to Algonquin ownership, and agreement regarding the nature of Algonquin harvesting rights (such as hunting and fishing).
Lots of maps of the affected land, here are a couple
-proposed settlement lands (i.e. lands to be transferred to the Algonquins)... larger versions available for each County
http://www.tanakiwin.com/aip/Map_B-A...ment_Lands.pdf
-proposed Algonquin interests in Crown land
http://www.tanakiwin.com/aip/Map_J-A...rown_Lands.pdf

-$300 million transfer to the Algonquins
-transfer of not less than 117,500 acres (475.5 sq km) of provincial Crown land to Algonquin ownership
-other recommended approaches to address land, forestry, parkland, provincial parks (new provincial park proposed), culture and heritage, eligibility, hunting rights etc.

Last edited by waterloowarrior; Dec 14, 2012 at 12:07 AM.
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  #2  
Old Posted Dec 21, 2012, 10:51 PM
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Chadillaccc Chadillaccc is offline
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Wow! Pretty awesome!
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Old Posted Oct 19, 2016, 11:45 AM
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rocketphish rocketphish is offline
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Land, money in proposed Algonquin land claim just a beginning, says chief
Chief Kirby Whiteduck wants more from the largest land claim being negotiated in Ontario

By Laurie Fagan, CBC News Posted: Oct 19, 2016 5:00 AM ET Last Updated: Oct 19, 2016 7:23 AM ET


A negotiator for the Algonquins of Ontario says the $300 million and 117,500 acres of provincial crown land in eastern Ontario set to be transferred to them in a proposed agreement in principle signed this week is "just the beginning" as they continue negotiations leading to a final settlement.

The deal covers about 36,000 square kilometres stretching from Mattawa to the Quebec border, including Ottawa and Parliament Hill.

The chief of the Algonquins of Pikwàkanagàn at Golden Lake, the largest First Nation in the settlement area, said the current financial and land amounts in the proposal are "a floor, not a ceiling."

"At this point that's the financial figure on the table but we hope to improve on that — it's not the whole package," said Kirby Whiteduck.

"I think our people expect us to add to that."

Whiteduck says the Crown never extinguished the Algonquin title to the land and now, with 60 per cent of the area in the land settlement privately owned, negotiators will be looking for additional Crown land in the final agreement.

"There's more acres of land we want to own and we think we deserve more. It's our land," he said.

A Toronto lawyer and senior negotiator for the Algonquins of Ontario said that moving forward, additional federal land holdings will be added to the settlement.

Robert Potts said the former CFB Rockcliffe site, where the Algonquins are partnering with the government and Tartan Homes to develop housing on the decommissioned base, is one example.

An announcement on a partnership between the Algonquins and the government on another federal commercial piece of land is coming, Potts said.

"We are incrementally adding to the packages and we're not done yet," he said.

"These joint ventures provide not only additional capital to our package but also provide us with jobs for people and expertise as we learn how to do these developments."

Potts estimates it will take another five years to negotiate a final land claim settlement deal.

Whiteduck says his people have waited more than 250 years for this final round of negotiations.

"We're now starting the real negotiations and this is where the rubber hits the road, or we have to dig our paddles in deeper to battle a stronger current," he said.

Modern negotiations first began 24 years ago on this, the largest land claim being negotiated in Ontario.

If the final deal is ratified by the Algonquins and passed by the federal and provincial governments, it will be the province's first modern-day, constitutionally protected treaty.

http://www.cbc.ca/news/canada/ottawa...duck-1.3810559
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Old Posted Nov 29, 2016, 9:25 PM
MoreTrains MoreTrains is offline
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I never really understood land claims.

So they will be paid off a minimum of $300 million by who? Taxpayers?
They will receive 117500 acres of land to do what with? And that will be land that is crown owned, so technically owned by Canadians?

I am still confused over the declaration of Vancouver being given as part of a land claim, this doesnt help ether.
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  #5  
Old Posted Nov 30, 2016, 1:23 AM
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1overcosc 1overcosc is offline
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Quote:
Originally Posted by MoreTrains View Post
I never really understood land claims.

So they will be paid off a minimum of $300 million by who? Taxpayers?
They will receive 117500 acres of land to do what with? And that will be land that is crown owned, so technically owned by Canadians?

I am still confused over the declaration of Vancouver being given as part of a land claim, this doesnt help ether.
It's a shame they don't teach treaty history in schools..

In 1763, as a concession to native tribes upset by colonists on the east coast of North America taking land by force, the British government issued a Royal Proclamation, which declared that any lands west of the Appalachian mountains would be considered native property under British law and settlers could not settle it without the consent of the local tribes. Pretty much all of Canada save for the Atlantic Coast falls under this rule.

So in 1763, the British recognized Aboriginal land rights. From the British point of view, this was essentially acknowledging them as deed holders to most of the continent. So in Canada, the colonial governments, and later the federal government, had to sit down and sign a treaty with each tribe in order to essentially buy their land. In these treaties tribes typically handed over all of their land save for chunks that became reserves and acknowledged the Crown (aka Canadian sovereignty), in exchange for exemptions from taxation and some continuing rights over the land they surrendered. It is these clauses that form the basis of Aboriginal tax exemptions and their ability to hunt/fish without a permit in most cases. This is one of the reasons why we can't just eliminate Indian status and all the special privileges they have... it would amount to Canada violating the signed contract under which they became Canadian in the first place.

However, there were some instances where, mostly because of oversight, treaties were not signed with specific tribes. The Algonquins of Ontario are one of those groups; no treaty was ever signed with them.. so legally speaking, the entirety of the Ottawa River watershed within Ontario (their traditional territory) including the entire City of Ottawa, is technically still their property and was never properly owned by any Canadians to begin with. This land claim process is an agreement in which a new treaty will be signed, the Algonquins will surrender their land ownership in exchange for payment and the ability to keep some lands.

In the case of Vancouver.. well, one of the colonial era governors of BC refused to accept the Royal Proclamation of 1763 so he ignored it and seized land without negotiation. As a result, almost the entire province is technically still Aboriginal property. Hence why the whole BC treaty process is a thing...
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Old Posted Nov 30, 2016, 5:30 AM
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Quote:
Originally Posted by MoreTrains View Post
I never really understood land claims.

So they will be paid off a minimum of $300 million by who? Taxpayers?
They will receive 117500 acres of land to do what with? And that will be land that is crown owned, so technically owned by Canadians?

I am still confused over the declaration of Vancouver being given as part of a land claim, this doesnt help ether.
There is a few problems with the terms that we use to describe this process as well.

For example, the First Nations aren't being "paid off" by the crown anymore than you're "paying off" a store when you give them money for things you took. The purpose of land claims is to settle, once and for all, the question of who owns what land. The money First Nations receive in these settlements is essentially the crown finally paying for land that it took over 100 years ago. Much of the land is being purchased by the government, from the nation (Algonquins) which owns that land. Since no new reserves are being established, the remaining land will become the property of corporations established by the various bands that sign onto this agreement, and they can either leave the land undeveloped for cultural practises and hunting or, in some cases where feasible, they will use the land for economic purposes, such as developing hydro dams or shops or manufacturing plants.

This is similar to the agreements between Fort William First Nation, Ontario, Canada, and Thunder Bay: In exchange for a couple hundred million dollars over a two decade period, their land claims (there were 3 or 4 of them) were settled (two islands were given to the city, two were given to the reserve, and a large piece of land adjacent to the reserve remained in the city but became property of the reserve's economic development agency, which rents that land out to factories to generate income for the community; they also pay taxes to Thunder Bay, helping the city's budget) and the money they received in exchange for a large piece of the city that was taken from the reserve illegally 160 years ago is now in a trust fund to support future generations in terms of education and starting businesses, and has also gone towards improving roads, infrastructure and building houses in the community. The return the city gets is: no confusion over who owns land, since the claims are now settled, so buying and selling land can go on in the city without the uncertainty of a land claim; a strong working relationship with the neighbouring First Nation that allows both communities to benefit from the different sets of economic rights those two kinds of jurisdictions offer; and a more prosperous economy on the reserve, which supports the local economy and reduces the burden on taxpayers. In return, the only change Thunder Bay has really had to make is a declaration that we exist on traditional lands of that First Nation.

It's important for non-indigenous people to know that private land ownership is illegal on most reserves. The only legal land owner on most First Nations is the federal government. The only legal land owner in Nunavut is the territorial government. (They considered allowing private land ownership last May but ultimately voted against it.) The concept of private ownership of land is uniquely Eurasian. Most cultural groups indigenous to the Americas and Africa typically didn't consider land or food to be property of any one individual or group, which is another important piece of information to help you understand why indigenous leaders interpret the treaties slightly differently than non-indigenous people do. (The supreme court has ruled that their oral traditions form an unwritten part of our constitution, so their cultural interpretations of the treaties must also be understood if we are to fully implement the treaties.)

While the crown might posses unceded land, the fact that it's unceded means that it doesn't actually own that land. It never really owned it in the first place. It would be like it you built houses on someone else's property, and then instead of that person demolishing the houses, decides to work out an agreement where you give him some other piece of land that you do own, and some money, and in return, you get to own the piece of his land where you built houses.
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