Algonquin Tribunal

Introduction

The Algonquin Negotiation Representatives (ANRs) have requested that the Algonquin Tribunal (Tribunal) consider whether certain historic persons should remain on, or be removed from, the Schedule of Algonquin Ancestors.

Information on these proceedings and how you can participate is set out below.

Tribunal’s Final Decisions- Accepted

Tribunal’s Final Decisions- Not Accepted

 

Impacts on Harvesting

Background

The Algonquins of Ontario (AOO) and the governments of Canada and Ontario are continuing their efforts to negotiate a modern-day treaty for the benefit of Aboriginal rights-bearing Algonquins (Treaty).

It is essential that the AOO be representative of, and take instructions from, Aboriginal rights-bearing Algonquins and that only rights-bearing Algonquins be eligible to ratify and benefit from the Treaty.

In furtherance of that principle, the ANRs adopted the Proposed Beneficiary Criteria, which is described in section 2.1 of the Special Resolution of the Algonquin Negotiation Representatives on the Proposed Beneficiary Criteria (approved on January 22, 2020) (Enrolment Criteria) as follows:

A person who is a Canadian citizen is entitled to be enrolled as a beneficiary of the Treaty if that person is:

(a) a member of the Algonquins of Pikwakanagan First Nation in accordance with the Algonquins of Pikwakanagan Membership Code dated April 2009, as amended from time to time; or

(b) an Applicant who:

i. has completed an Application Form in which he or she Declares himself or herself Algonquin   and that he or she has a present-day Cultural or Social Connection to a Present-Day Algonquin Community or Collective; and

ii. is in a Family Line with Direct Lineal Descent from an Algonquin Ancestor; and

iii. is in a Family Line that was part of an Algonquin Collective during both the Petitioning Period and the Modern Period; or

(c) is a person who is a Direct Lineal Descendant of a person described in (a) or (b).

In order to resolve disputes regarding enrolment in a fair and transparent manner, the ANRs established the Tribunal pursuant to the Special Resolution of the Algonquin Negotiation Representatives on the Algonquins of Ontario Enrolment and Appeal Board (approved on April 20, 2021) (Special Resolution).

References for Inquiry

The ANRs have asked the Tribunal to determine whether the following historic persons (Subject Ancestors) meet the definition of “Algonquin Ancestor” as set out in the Enrolment Criteria:  

Angelique Atkinson Frederick Ferris and Walter Ferris Sophie Emelie Jamme dite Carriere Jacques Kamiskwabininch Francois Kawitadijik Thomas Lagarde dit St. Jean Toussaint Laronde

Hannah Mannell Michel Mcdonald Anna Mcdonald-Mcdonnell Cecile McDonnell-Mawiskak Louis Michiminanakwakwe Joseph Paquette Mary Petrin

The Enrolment Criteria defines “Algonquin Ancestor” as a person who was born on or before July 15, 1897 and identified in a historic record or document dated on or before December 31, 1921, in such a way that it would be reasonable to conclude that the person was considered to be an Algonquin or Nipissing, or a sibling of such a person.  A “sibling of such a person” means a person with a common Algonquin parent.

On that basis, the Tribunal is required to determine whether each of the Subject Ancestors are identified in a historic record or document dated on or before December 31, 1921, in such a way that it would be reasonable to conclude that the person was considered to be an Algonquin or Nipissing, or a sibling of such a person.

If the Tribunal determines that a Subject Ancestor is not an “Algonquin Ancestor,” the Tribunal may issue an order pursuant to section 100 of the Special Resolution removing that Subject Ancestor from the  Schedule of Algonquin Ancestors. 

Such an order will prompt a review of the Enrolment List pursuant to section 103 of the Special Resolution to identify those individuals who no longer meet the Enrolment Criteria with a view to removing those individuals from the Enrolment List.

How your enrolment could be affected by the Tribunal’s Inquiries

If you sought enrolment based on being a member of the Algonquins of Pikwakanagan First Nation under its Custom Membership Code dated April 2009, these inquiries will have no impact on your enrolment.

If you sought enrolment based on filing an Application Form, you may be affected by one or more of the Tribunal’s inquiries. 

Applicants who rely on one or more of the Subject Ancestors to meet the Enrolment Criteria have an interest in the inquiry into those Subject Ancestors as their eligibility to be enrolled as a proposed beneficiary may be directly affected by the outcome of the Tribunal’s inquiries.

Also, since the Tribunal’s inquiries may affect Family Lines, it is possible that the removal of one or more of the Subject Ancestors from the Schedule of Algonquin Ancestors may affect an Applicant’s ability to demonstrate that his / her Family Line was part of an Algonquin Collective during both the Petitioning Period and the Modern Period. 

The Tribunal’s inquiries into the Subject Ancestors may affect your eligibility to be on the Enrolment List and, as a result, your eligibility to vote in ANR elections, vote on the ratification of the Treaty and, ultimately, be a beneficiary of the Treaty.

The Tribunal’s Inquiries  

More information regarding the Tribunal’s inquiries into the Subject Ancestors is available by selecting a link below. Please note that this information will be updated from time-to-time. It is your responsibility to check this website at regular intervals.

1. Angelique Atkinson  

2. Frederick Ferris and Walter Ferris 

3. Sophie Emelie Jamme dite Carriere

4. Jacques Kamiskwabininch

5. Francois Kawitadijik

6. Thomas Lagarde dit St. Jean

7. Toussaint Laronde

8. Hannah Mannell

9. Michel McDonald

10. Anna McDonald-McDonnell

11. Cecile McDonnel-Mawiskak

12. Louis Michiminanakwakwe

13. Joseph Paquette

14. Mary Petrin

Key Documents

The Special Resolution of the Algonquin Negotiation Representatives on the Proposed Beneficiary Criteria (approved on January 22, 2020) can be found here.

The Special Resolution of the Algonquin Negotiation Representatives on the Algonquins of Ontario Enrolment and Appeal Board (approved on April 20, 2021) can be found here.

Algonquin Negotiation Representatives’ Motion 20220616-02 – Confirmation of Reference can be found here.

Guidelines for Filing Materials

Please note that the Tribunal is tasked with determining whether the Subject Ancestors are “Algonquin Ancestors” as that term is defined in the Enrolment Criteria. As such, it is expected that submissions will be focused on that issue.

Submissions must be provided in writing and filed in accordance with the schedule published by the Tribunal. While each of the inquiries will involve an in-person hearing, it is expected that the hearing will be used to further explain the information and evidence that has already been filed in writing and will also provide the Tribunal an opportunity to ask questions and obtain clarification as the members deem appropriate and necessary.

To be clear, the hearing should not be treated as an opportunity to introduce new documents into the record and the Tribunal may deny any request to do so. The Tribunal expects parties to put their best foot forward in their written submissions.

The Enrolment Officer will be preparing an initial report regarding each of the Subject Ancestors. These reports will be accessible in the links associated with each of the Subject Ancestors, above.

In each of these initial reports, the Enrolment Officer will provide the historic documents currently in the possession of the Enrolment Officer that pertain to the Subject Ancestor. Also, the Enrolment Officer will report on what those documents purport to say.

If you intend to rely on historic documents in support of your submissions with respect to a Subject Ancestor, the Tribunal requests that you consider whether any of these documents are already appended to the Enrolment Officer’s report.

If any documents are appended to the Enrolment Officer’s report, the Tribunal requests that you simply refer to the document as appended to the Enrolment Officer’s report in your submissions as opposed to refiling the document. Please note that this request is not intended to limit the submissions that a party may make. This request is being made in an effort to simplify the proceedings and reduce the potential for any confusion with respect to documents. The Tribunal wants to avoid, where possible, having multiple copies of the same documents filed throughout the record in the proceedings. The Tribunal welcomes submissions with respect to the authenticity, reliability and origin of documents appended to the Enrolment Officer’s report.

If any documents are not appended to the Enrolment Officer’s report, the Tribunal requests that you append the document(s) to your submissions. In doing so, the Tribunal asks that you clearly identify the document(s) in your submissions and explain how the document(s) may assist the Tribunal in determining whether the Subject Ancestor is, or is not, an “Algonquin Ancestor.”  If any of the documents are copies of historic records, the Tribunal asks that you: a) confirm your belief that the copy is an authentic copy of the original document; b) indicate where the document originated (or how you accessed the document); and c) describe how the Tribunal might be able to examine the original should it be inclined to do so.

Even if you do not have additional documents, you are welcome to review the documents appended to the Enrolment Officer’s report and to provide your views on whether those documents (and any inferences that may be drawn from those documents) support a conclusion that the Subject Ancestor is, or is not, an “Algonquin Ancestor.”

Please note that submissions and documents must be filed in writing in accordance with the schedule set by the Tribunal. This also applies to persons wishing to present Oral History (as defined in the Special Resolution) in support of their positions. Any Oral History should be outlined in written format so that other parties may appreciate the contents of that evidence and, if so desired, provide any reply. Parties should also consider section 8 of the Special Resolution, which provides the Tribunal with direction regarding its assessment of the reliability of any Oral History that may be presented and what weight may be attributed to that Oral History.

The Tribunal Intends to post submissions on this website. This will provide an opportunity for participants to comment on, and respond to, submissions made by other participants. Since the Tribunal is focused on whether a historic person is properly identified as an “Algonquin Ancestor,” it is not expected that submissions will include information that would be considered personal or confidential in this context. Without limiting the submissions or materials that a participant may want to file, the Tribunal expects that participants will be focused on providing historical documents, commenting on historical documents, and/or providing materials that will inform the Tribunal as to how historical documents ought to be interpreted. If you have concerns regarding the posting of submissions and materials filed with the Tribunal on this website or otherwise want to file information of a personal or confidential nature, you are encouraged to advise the Tribunal of the situation so that the Tribunal may consider the matter.

Submissions may be filed in the three following ways:

Should you have any questions regarding the filing of materials, you are encouraged to contact the Tribunal’s registry at tribunal@tanakiwin.com or call 1-613-401-1209.

Appointment of Tribunal Members and Formation of Panels

The following individuals were nominated and duly appointed by the ANRs:

Ralph Lance – Chairperson (Bonnechere) Deborah M. Moore – Vice-Chairperson (Antoine) Kevin Beckett (Mattawa/ North Bay) Andre J L Carle (AOPFN) Connie Antoinette Deroneth (Shabot Obaadjiwan) Shelley Holmberg (Whitney and Area)

Darrel Laroche (Greater Golden Lake) Jan Leroux (AOPFN) Robin McLaren (Snimikobi) Robin Tinney (Kijicho Manito Madaouskarini) Tom Vincent (Ottawa)

Please note that the ANRs agreed by way of motion to appoint additional members from the AOPFN (four total) so as to avoid a situation where the Tribunal would have difficult achieving quorum when forming panels. 

In addition, the Advisory Member (who is outside legal counsel) will be available to assist the Tribunal Members. The Advisory Member is not a decision-maker.

Tribunal Members have agreed to abide by the terms and conditions set out in the Confidentiality Agreement and Code of Conduct.

The Chairperson is responsible for forming panels of Tribunal Members who will preside over the specific proceedings brought before the Tribunal. Panels will consist of at least five Tribunal Members with at least one of whom will be a Tribunal Member that was originally nominated for appointment by the AOPFN. 

The ANRs and the Tribunal have undertaken measures to avoid conflicts of interest and the apprehension of bias. A key consideration in this regard is the appearance of conflicts or apprehension of bias that may result from ancestry or community affiliation. 

In this regard, the ANRs considered the ancestry of the Tribunal Members when they were initially appointed with a view to confirming that Tribunal Members do not solely rely on a Subject Ancestor for the purposes of enrolment. The Enrolment Officer confirmed that Tribunal Members are respectively descendant from multiple Algonquin Ancestors and that no Tribunal Member solely relies on one or more of the Subject Ancestors for the purposes of enrolment. Also, the Enrolment Officer has confirmed that, as a group, the Tribunal Members are descendants from a broad cross-section of Algonquin Ancestors. In addition, the Chairperson will avoid a situation where a Tribunal Member is on a panel inquiring into an Algonquin Ancestor of whom they are a lineal descendant. 

Also, the Chairperson is mindful of the fact that the descendants of any given Subject Ancestor may be more prevalent in certain communities as opposed to others. As such, the Chairperson will undertake to appoint Tribunal Members from communities that are least affected by the Algonquin Ancestor who is the subject of the inquiry. Put another way, if descendants of the Algonquin Ancestor who is the subject of the inquiry are predominantly associated with a particular Algonquin Collective, then the Tribunal Member nominated by that particular Algonquin Collective would not sit on that panel.  This will reduce the possibility that Tribunal Members will be making decisions that will have an appreciable impact on their own communities and reduce the potential for any apprehension of bias in that regard.

Frequently Asked Questions

Question 1 – I recently received a letter from Chief Wendy Jocko informing me of the Tribunal’s process and attaching a letter from the Tribunal but I am not a member of the Algonquins of Pikwakanagan First Nation (AOPFN). Why did I receive a letter from Chief Jocko?

Answer 1 – If you are not a member of the AOPFN, Chief Jocko’s cover letter was sent to you in error. 

The Tribunal sent out two letters. 

First, a letter was to individuals who are known to be lineal descendants of one or more Subject  Ancestors. The purpose of this letter was to notify individuals that the Tribunal is conducting an inquiry into an Algonquin Ancestor of whom they are a lineal descendant and that they have a direct interest in these inquiries as it may directly affect their enrolment.

Second, a letter was sent to the individuals who are enrolled but are not lineal descendants of a Subject Ancestor. The purpose of this letter was to advise community members that the Tribunal is conducting inquiries so as to keep community members informed and to provide them with a chance to consider whether they may have an interest, or otherwise wish to participate, in the inquiries.

This second letter was to go to people who are enrolled through the application process and people who are enrolled on the basis of being members of the AOPFN. This second letter was to go to member of the AOPFN under the cover of a letter from Chief Jocko. As a result of an  administrative mix-up, Chief Jocko’s covering letter was also sent to enrolled Algonquins who are not members of the AOPFN. The Tribunal apologizes for any confusion that this administrative error may have caused. You may ignore Chief Jocko’s letter and focus on the information set out in the Tribunal’s letter.

Question 2 – I received a letter from the Tribunal stating that one or more of my Algonquin Ancestors is subject to inquiry, I don’t know which of the Subject Ancestors may pertain to my Family Line?

Answer 2 – The first thing that you want to do is confirm which of the Subject Ancestor(s) apply to you. It is often the case that people who have enrolled have multiple Algonquin Ancestors and it is often the case that people have focused on one particular Algonquin Ancestor while not realizing that the Enrolment Office was able to confirm that they are also lineal descendants of other Algonquin Ancestors. As such, you may be a lineal descendent of one or more Algonquin Ancestors who are the subject of an inquiry, and you may also be a lineal descendant of one or more Algonquin Ancestor who are not subject to an inquiry. If you have questions about who may be your Algonquin Ancestor(s), you may contact your ANR, or you may contact the Tribunal.

Question 3 – The Tribunal is reviewing one or more of my Algonquin Ancestors, but I am also a lineal descendant of another Algonquin Ancestor who is not being reviewed, should I participate in the inquiry or can ignore this process knowing that I have an alternative Algonquin Ancestor?

Answer 3 – The Tribunal is not able to predict how the potential removal of one or more Algonquin Ancestors from the Schedule may affect your enrolment. This is because enrolment is not based solely on being a lineal descendant of an Algonquin Ancestor. It also involves consideration of whether the applicant’s Family Line was part of an Algonquin Collective during both the Petitioning Period and the Modern Period.  This analysis involves an assessment of how the applicant’s Family Line interacted with other Family Lines during specific periods of time. The Enrolment Criteria is set out in  Special Resolution of the Algonquin Negotiation Representatives on the Proposed Beneficiary Criteria (approved on January 22, 2020).

Also, the Tribunal cannot guarantee that the alternative Algonquin Ancestor on which you may rely will not be subject to a protest or a review in the future. To be clear, the Tribunal does not have any information that there will be further reviews or protests and knows of no reason to suppose that there will be further reviews or protests. However, the Tribunal does not have the ability or mandate to make any guarantee in this regard.

Question 4 – If the Tribunal is not reviewing any of my Algonquin Ancestors, why should I participate in the Tribunal process?

Answer 4 – No one is required to participate in the Tribunal’s process. However, if you have relevant information or submissions regarding one or more of the Subject Ancestors, you may want to participate. This participation may involve advocating for one or more of the Subject Ancestors to remain on the Schedule or advocating for their removal from the Schedule.

The Tribunal’s task is to determine whether the Subject Ancestors are identified in a historic record or document dated on or before December 31, 1921, in such a way that it would be reasonable to conclude that the person was considered to be an Algonquin or Nipissing, or a sibling of such a person. If you have informed views on this question (whether on the basis of having historic documents or on the basis of having informed views on what inferences may be drawn from historic documents), the Tribunal welcomes your submissions. Please note that the Tribunal must base any decision on relevant evidence and, as such, any submissions should reference relevant evidence.

Also, the Tribunal is not able to predict how the potential removal of one or more of the Subject Ancestors from the Schedule may affect enrolment. This is because the Enrolment Criteria also involves consideration of how Family Lines interacted with one another during both the Petitioning Period and the Modern Period. The Enrolment Criteria is set out in Special Resolution of the Algonquin Negotiation Representatives on the Proposed Beneficiary Criteria (approved on January 22, 2020).

Question 5 – I want to participate in one or more of the Tribunal’s inquiries, what should I do next?

Answer 5 – As a first step, the Tribunal recommends that you confer and coordinate with other members of your Family Line to consider what information or documents you may collectively have that could be relevant to the inquiries. After having assessed what information you have, you may also want to do additional research. Again, the Tribunal notes that its inquiries are directed at determining whether the Subject Ancestors were born on or before July 15, 1897 and are identified in a historic record or document dated on or before December 31, 1921, in such a way that it would be reasonable to conclude that the person was considered to be an Algonquin or Nipissing, or a sibling of such a person. The Tribunal encourages participants to presently undertake efforts to gather information and to coordinate and prepare submissions. In addition, you may want to contact your ANR to discuss this matter and obtain guidance on research resources that may assist you in preparing submissions.

The Tribunal will publish the Enrolment Officer’s Report for each of the Subject Ancestors. The Enrolment Officer’s Report will set out the information that the Enrolment Officer presently has on file for each of the Subject Ancestor and will endeavour to explain and summarize that information.

Participants will then be able to file their submissions or any additional documents/evidence that were not in the Enrolment Officer’s Report with the Tribunal. Participants will also be able to file additional responding and reply submissions in accordance with the Tribunal’s inquiry schedule and the Enrolment Officer may file additional reports.

Question 6 – I have information that I want to file with the Tribunal now and I believe that this information will alleviate the need for a hearing. Should I file that information?

Answer 6 – If you have relevant information or documents or otherwise want to make submissions to the Tribunal, the Tribunal respectfully requests that you make submissions in accordance with the Tribunal’s schedule. This may mean that you will have to wait until the Enrolment Officer’s Report becomes available. The Tribunal believes that following the schedule will benefit all involved as it will allow participants to make thoughtful and informed submissions and it will allow the Tribunal to receive submissions in an orderly manner.

Additional Questions and Request for Updates

You may register to receive notification that information relating to the Tribunal’s inquiries into the Subject Ancestors has been updated by sending an email to tribunalupdates@tanakiwin.com.

In the event that you have questions regarding the Tribunal’s inquiries into the Subject Ancestors, you may reach out the Tribunal’s registry at tribunal@tanakiwin.com or call 1-613-401-1209.

In addition, you may also contact your ANR.