The Algonquin Nation's Presentation to the Members Committee to Examine Matters Relating to the Accession of Quebec to Sovereignty
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DOCUMENT: ALGONQIN.TXT


                  A L G O N Q U I N   N A T I O N

                         As Represented by

                      BARRIERE LAKE, KIPAWA,
                     TIMISKAMING AND WOLF LAKE

                GRAND CHIEF JEAN-MAURICE MATCHEWAN

                        Presentation to the 

                    MEMBERS OF THE COMMITTEE TO 
                     EXAMINE MATTERS RELATING 
             TO THE ACCESSION OF QUEBEC TO SOVEREIGNTY

                                in

                        Quebec City, Quebec
                                on
                     Tuesday February 4, 1992



1. INTRODUCTION

   Mr Chairman, Honourable Members: 

   Thank you for giving us this hearing. 
   Before proceeding, I want to introduce our delegation. I am 
   here with: 

--   Russell Diabo, Policy Advisor; 
--   David Nahwegahbow, Legal Advisor; 
--   James Morrison, Historian; 
--   Richard Falk, Professor of International Law from Princeton 
     University. 

     My name is Jean-Maurice Matchewan. I am Grand Chief of the 
Algonquin Nation as represented by the Algonquins of Barriere 
Lake, Wolf Lake, Kipawa and Timiskaming. 

     The Algonquin Nation is made up of 10 distinct communities in 
all. Nine are located in Quebec and there is one in Ontario. 

     The Algonquin Nation has never given up aboriginal title to 
its traditional territory. This includes all the lands and waters 
within the Ottawa River watershed on both sides of the Ontario-
Quebec border. 

     We know that the possibility of Quebec separation is very 
real. And we are here today to tell you that this creates problems 
for us. We will explain our position frankly to you, letting you 
know in advance that we do not do it with hostility. You have your 
interests. And we have ours. 

     If Quebec separates, the Algonquin peoples will have three 
basic options: 

1) To remain associated with Canada 
2) To leave with Quebec, or 
3) To form a separate, sovereign Nation. 

     Quebec claims a right of self-determination. But self-
determination belongs to peoples. It does not belong to 
territories. If Quebecois and Quebecoises claim the right to 
determine their own future, then the Algonquins have a prior right 
to self-determination. 

     We take the position that Quebec cannot secede with Algonquin 
land without our consent. And we have put Canada on notice that, 
until we advise otherwise, we intend to hold Canada to its 
fiduciary duty with respect to our traditional lands in the 
Province of Quebec. 

     There are four parts to our presentation, aside from the 
introduction: 

     *    Historical basis for aboriginal rights and 
          self-determination of the Algonquin Nation; 

     *    Aboriginal title and the Royal Proclamation of 
          1763: the Crown's fiduciary obligations; 

     *    Obligations in international law; and 

     *    Summary and conclusions. 

2.   HISTORICAL BASIS FOR ABORIGINAL RIGHTS AND SELF-
     DETERMINATION OF THE ALGONQUIN NATION 

     The modern province of Quebec is a creation of British 
colonial law. Like Ontario, it has all along been subject to what 
Professor Brian Slattery calls "common law aboriginal title". By 
virtue of the Royal Proclamation of 1763 and subsequent 
regulations, aboriginal title can only be acquired by the Crown -
which today means the Federal Crown - through voluntary surrender 
"taken from Indians of the lands occupied by them". 

     Despite this fact, it has often been claimed that Quebec's 
distinctiveness in the Canadian federation also extends to 
aboriginal rights. Generations of local school children have been 
taught that, from New France, their province inherited a pattern 
of dealing with Native people that was remarkably different from 
that followed in the Anglo-American colonies. 

     This argument - still being advanced by some politicians and 
academics in Quebec - has had profound consequences for aboriginal 
people,  because  it has  been  largely accepted  by the  Federal 
Government.    In  1906,  for  example,  government  commissioners 
negotiating Treaty Number Nine at Abitibi Post in northwestern 
Quebec explained to the local Algonquins that - because of 
Quebec's distinct history - they were only authorized to treat 
with those people who had hunting grounds in Ontario: 

          The policy of the province of Ontario has differed 
     very widely from that of Quebec in the matter of the 
     lands occupied by the Indians. In Ontario, formerly 
     Upper Canada, the rule laid down by the British 
     government from the earliest occupancy of the country has 
     been followed, which recognized the title of the Indians 
     to the lands occupied by them as their hunting grounds, 
     and their right to compensation for such portions as have 
     from time to time been surrendered by them. In addition 
     ta an annual payment in perpetuity, care has also been 
     taken to set apart reservations for the exclusive use of 
     the Indians, of sufficient extent to meet their present 
     and future requirements. 

          Quebec, formerly Lower Canada, on the other hand, 
     has followed the French policy, which did not admit the 
     claims of the Indians to the lands in the province, but 
     they were held to be the lands of the Crown by right of 
     discovery and conquest. Surrenders have not, therefore, 
     been taken from the Indians by the Crown of the lands 
     occupied by them. 

          The reserves occupied by the Indians within the 
     province of Quebec are those granted by private 
     individuals, or lands granted to religious corporations 
     in trust for certain bands. In addition, land to the 
     extent of 230,000 acres was set apart and appropriated in 
     different parts of Lower Canada under 14 and 15 Vic., 
     chap. 106 (1851), for the benefit of different tribes. 
     Several reserves have also been purchased by the federal 
     government for certain bands desiring to locate in the 
     districts where the purchase was made. 

     While their account of reserve creation is correct, there is 
only one problem with the commissioners' analysis of historical 
Quebec Native policy - it is not true. Britain did not adopt 
"French policy" with regard to native land claims in what is now 
Quebec. Nor did the British Crown ever claim unceded Indian lands 
in that province by virtue of discovery or conquest. Unlike the 
French-speaking inhabitants of what is now Quebec, the Indian 
Nations were considered allies, not subjects, of the Crown - and 
their pre-existing lands rights were to be respected. When French 
civil law was reintroduced into Quebec in 1774, it was never 
intended that the Indian Nations would be subject to its 
provisions. 

     Until 1830, there was little settlement pressure on unceded 
Indian lands in what is now Quebec. It is true that thereafter -
unlike in Ontario - land surrenders were rarely taken, even though 
the law clearly required them. But this was not because 
governments of the day believed that they were following old 
French colonial policy. By the 1840's, settler politicians in the 
eastern half of the pre-confederation Province of Canada, 
responding to among others a powerful lobby of Ottawa valley 
timber magnates, believed they could open such unceded Indian 
lands to settlement and resource extraction without first 
extinguishing aboriginal title. 

     After Confederation, the QuebeC elite invented the theory 
that their predecessors had simply been following French colonial 
practice in order to justify the non - recognition of aboriginal 
title. This is what the Treaty 9 commissioners had reported as 
historical truth. This self-serving argument was important to 
Quebec,  because  Canadian boundary extension acts in 1898 and 
1912 - which incorporated the Abitibi and James Bay regions into 
that province - implicitly or explicitly recognized pre-existing 
aboriginal rights in those same territories. 

     For the Algonquins and other First Nations - whose common law 
aboriginal title to much of modern Quebec has never been 
extinguished - the current discussions provide an opportunity to 
set the record straight. 

(1) The French Regime 

     Even the statement that France never "admitted" Indian claims 
to land is incorrect. As a number of historians have pointed out, 
French policy towards native people has been frequently 
misunderstood. It is important, for example, to distinguish 
between assertions of international and domestic sovereignty. The 
French Crown never claimed full title to lands occupied by Indian 
nations within the purported boundaries of Canada - which, after 
all, covered an enormous part of North America. 

     This was especially true of the lands north and west of the 
seigneuries on the St. Lawrence River - where, since 1716, 
settlement and clearing of land had been forbidden without the 
express authorization of the Crown. Known to the French as the 
"pays d'enhaut" - and to the Anglo-Americans as "Indian country" -
this was the zone of the fur trade. Effective French sovereignty 
in these regions extended no further than musket range of their 
trading posts. 

     The traditional lands of the Algonquin Nation - which extend 
up both sides of the Ottawa River and inland towards James Bay -
were always considered part of the Indian country. The French 
traded with the Algonquins at posts along the Ottawa and its 
tributaries, with major trading establishments at Abitibi and 
Temiscamingue. 

     In the first half of the eighteen century, some members of 
the Algonquin Nation - known then both as Algonquins and 
Nipissings - were spending their winters in their homelands and 
their summers at the Sulpician mission settlement on Lake of Two 
Mountains, which they called Oka (pickerel). These were the people 
who hunted along the lower Ottawa River as far as Mattawa and Lake 
Nipissing. 

     The Algonquins who remained on their lands year-round were 
known to the others as Nopiming daje inini or inlanders, which the 
French translated as gens des terres. To confuse matters, the 
French occasionally called them tetes de boule (which was a term 
applied as well to the Attikamegue Nation of the upper St. Maurice 
region). These were the Algonquins who inhabited the headwaters of 
the Ottawa - including Barriere Lake - and the Kipawa, Abitibi and 
Temiscamingue regions. 

     The Algonquins were famous warriors. As allies of the French, 
they fought many battles against the British and their Native 
allies, the Six Nations Iroquois. Without their assistance - and 
those of other "domiciled" Nations - Montreal and the other tiny 
French settlements along the St. Lawrence would not have survived 
the seventeenth century. 

     But it was not just the mission Algonquins who were involved 
in combat. In the late seventeenth and early eighteenth centuries, 
warriors from as far away as Abitibi and Temiscamingue joined the 
French on their expeditions against the Iroquois and the English. 
During the Seven Years War, inland Algonquins also fought 
alongside their brethren from Oka until the French alliance was 
abandoned in the late summer of 1760. 


(2) Nation to Nation Relations 

     As late as the 1950's, it was still possible for historians 
to ignore Native people when writing about the conquest of New 
France. such rights as France's former allies had retained under 
the British, it is usually argued, flowed from Article 40 of the 
capitulation of Montreal on 8 September, 1760. The capitulation 
had been drafted by the Marquis de Vaudreuil and his officers: 

     The Savages or Indian allies of his most Christian 
     Majesty, shall be maintained in the Lands they inhabit; 
     if they chuse to remain there; they shall not be molested 
     on any pretence whatsoever, for having carried arms, and 
     served his most Christian Majesty; they shall have, as 
     well as the French, liberty of religion, and shall keep 
     their missionaries [...] 

     But the Indian Nations were not dependent on such agreements 
between France and Britain to protect their interests. As Mr. 
Justice (now Chief Justice) Lamer of the Supreme Court has pointed 
out in the recent Sioui case, the Hurons of Lorette had already 
made their own treaty with the British two days before the fall of 
Montreal. 

     The same was true for other Indian Nations of what is now 
Quebec. In mid-August of 1760, deputies of nine tribes - including 
representatives of the Algonquin Nation - came to meet Sir William 
Johnson, the British Superintendent of Indian Affairs, at Fort 
Levis in the St. Lawrence River. British forces, beginning their 
descent on Montreal, had just captured this island stronghold near 
what is now Prescott, Ontario. There, accordingly to Sir William, 
the nine Nations ratified a Treaty with British, "whereby they 
agreed to remain neuter on condition that we for the future 
treated them as friends and forgot all our former enmity". 

     The consequences of the treaty were devastating for the 
French colony, since the Indian Nations controlled the water 
routes to Montreal. On the 29th of August, the French commander - 
the Marechal de Levis - called a council with the chiefs and 
warriors at La Prairie to urge them to stay in the French 
interest. As he was speaking, the ambassadors who had been sent to 
Sir William Johnson suddenly returned - interrupting him to 
announce that they had already made peace with the British. The 
assembled tribes vanished, leaving Levis with a belt of wampum 
dangling uselessly from his hand. 

     Sir william Johnson used his close contacts with the Six 
Nations of New York province to cement diplomatic ties with these 
former native adversaries. After the capture of New France in 
1760, the Seven Indian Nations of Canada, along with their "allies 
and dependents", formally united together with the Six Nations to 
form one large confederacy in the British interest. 

     Unlike the "canadiens", the Indian Nations of Quebec were 
considered allies, not subjects, of the British Crown. Over the 
years that followed, colonial officials responsible for Indian 
relations - governors, the military, and officers of the Indian 
Department - continued to operate on a nation to nation basis with 
Indian Nations. 

     Governor Haldimand of Quebec made this point at the close of 
the American Revolutionary War in 1783, in instructions which he 
issued to Sir William Johnson's son, John Johnson, as the new 
Superintendent-General of Indian Affairs. As the Indian Nations, 
he wrote, "consider themselves, and in fact are, free and 
independent, unacquainted with control and subordination, their 
Passions and Conduct are alone to be governed by Persuasion and 
Address". 

     First Nations from what is now Quebec - including warriors of 
the Algonquin Nation - had fought as allies of the British 
throughout the American Revolutionary War. They also fought in the 
War of 1812-15 - helping, for example, to defeat the Americans at 
the Battle of Chateauguay. The Algonquin Nation remained loyal to 
the British Crown during the 1637-38 Rebellion in Lower Canada. 

     Algonquins have also, in keeping with this martial tradition, 
served overseas with Canadian Forces in both World Wars. 


(3) British Military Rule 1760-63 

     After the fall of Montreal, Britain never intended that 
aboriginal people living within the former boundaries of Canada 
would thenceforth be subject to French colonial usages and 
customs. The continuation of those French laws had been rejected 
by the British Commander in Chief General Jeffrey Amherst, under 
the terms of the Capitulation. 

     In fact, the British Crown promised equal treatment to both 
French-speaking "canadiens" and aboriginal people. As the King 
instructed General Amherst in 1760-61, the Indian Nations were to 
be treated "upon the same principles of humanity and proper 
indulgence" as the French; and Amherst was to "cultivate the best 
possible Harmony and Friendship with the Chiefs of the Indian 
Tribes". 

     On September 20, 1760, Sir William Johnson had appointed his 
son-in-law, Daniel Claus, as Deputy Indian Agent at Montreal, in 
order to extend "the British Indian interest". At a series of 
council meetings with the Algonquins and other Indian Nations, 
Claus assured them that their land rights would be respected. 

     The military government did abolish the former French trade 
monopolies,  which had seen fur trade posts - such as 
Temiscamingue - either kept for the Governor's profit or sold to 
the highest bidder. But the three military jurisdictions - 
Montreal, Quebec and Trois Rivieres - maintained the French 
distinction between the settled lands on the St. Lawrence and 
Indian country. Within the Montreal District, for example traders 
needed military permission to pass up the Ottawa River beyond the 
old seigneurial boundaries west of Lake of Two Mountains. 


(4) The Province of Quebec, 1763-1774 

     The Royal Proclamation of October 7, 1763 created the 
Province of Quebec, though with relatively limited boundaries. 
These encompassed the old French seigneuries and a part of the 
interior country within a diagonal line drawn from Lac St. Jean 
southwest to the eastern tip of Lake Nipissing. The Crown's 
purpose in doing so was to include the rivers which flowed into 
the St. Lawrence from the northward - presumably so that the St. 
Lawrence and Ottawa River routes, the main access points to the 
settled part of the province, would be under the new civil 
government's control. 

     Some settlement was to be permitted in Quebec - particularly 
for demobilized military officers and their families. Thus, Part 
II of the Proclamation permitted the Governor of Quebec to "settle 
and agree" with the inhabitants of the province for such lands as 
"are now or hereafter shall be in Our power to dispose of". 
However, the Crown had relatively little land at its disposal - 
and relatively few Anglo-American settlers actually arrived in the 
province. 

     Apart from the seigneurial grants, the remaining lands in 
Quebec were in the possession of aboriginal people. These were 
protected by the provisions set out in Part IV of the 
Proclamation: 

     And whereas it is just and reasonable, and essential to 
     Our Interest and the Security of Our Colonies, that the 
     several Nations or Tribes of Indians, with whom We are 
     Connected and who live under Our Protection, should not 
     be molested or disturbed in the possession of such Parts 
     of Our Dominions and Territories as, not having been 
     ceded to or purchased by Us, are reserved to them, or any 
     of them, as their Hunting Grounds. 

     Accordingly, the Governors of Quebec and the other colonies 
were forbidden to pass patents or issue warrants of survey beyond 
the bounds of their commissions. Private persons were forbidden to 
settle on unceded Indian lands. When Indian lands were wanted, 
they were to be purchased for the Crown at a public meeting with 
the nations or tribes concerned. 

     The Royal Proclamation of 1763 was officially promulgated 
within the new Province of Quebec by Governor James Murray. This 
was so that the new and old subjects of the Crown would know the 
various regulations it contained. The Crown also ordered Sir 
William Johnson to make the Proclamation known to the Indian 
Nations within the territories under his jurisdiction. 

     These Indian territories included the lands of the 
Algonquins. Some of these lands - such as those along the Ottawa 
River - were now within the Province of Quebec. The remainders 
were within the great Indian reserve set out in Part IV of the 
Proclamation. There was to be no settlement at all within the 
latter territories, without the "leave and licence" of the Crown - 
and the consent of the Indian Nations. 

     The 1971 report of the Dorion Commission on the territorial 
integrity of Quebec disputes the applicability of the Proclamation 
within the boundaries created in 1763. However, it fully accepts 
that the Proclamation applied to the lands north of Quebec's 1763 
boundary. 

     Historical evidence, however, shows that the provisions of 
the Proclamation were also strictly observed within the old 
province of Quebec. In 1766, for example, His Majesty's Privy 
Council in London had endorsed a grant of 20,000 acres to a 
certain Joseph Marie Philibot at a location of his choosing. But 
when that individual asked for land on the Restigouche River, the 
Governor and Council of Quebec refused his application - on the 
grounds "the lands so prayed to be assigned are, or are claimed to 
be, the property of the Indians and as such by His Majesty's 
express command as set forth in his proclamation in 1763, not 
within their power to grant". 

     Lands within the province which the Crown considered in its 
"Power to dispose of" to settlers - to use the wording of the 
Royal Proclamation - did not include the areas north and west of 
the Ottawa and St. Lawrence Rivers. As under the military regime, 
these lands were zoned for the fur trade and aboriginal people. In 
april of 1764, it was forbidden for inhabitants of Quebec to pass 
beyond Carillon on the Ottawa without a pass from the Governor. 

(5) The Province of Quebec, 1774-1791 

     By the Quebec Act of 1774, the province's boundaries were 
enormously enlarged, extending as far to the westward and 
southward as the upper Great Lakes and the Mississippi River. This 
took in much of the territory which had been zoned under the 
Proclamation for exclusive Indian occupation. Virtually all of the 
lands of the Algonquin Nation, for example, were now within the 
bounds of Quebec. 

     The reason for the boundary extension, as both the Preamble 
to the Act and the subsequent instructions to the Governor make 
clear, many small French interior settlements - such as Detroit, 
and Kaskaskia on the Illinois - had been left by the Proclamation 
without civil government. Not only would these settlements now be 
governed from the st. Lawrence, but they would be able to avail 
themselves of French civil law, which had been reintroduced by the 
Act as well. 

     These new arrangements, however, had little relevance for the 
Indian Nations of Quebec. Indian Nations, as before, had a direct 
relationship with the Crown, through the British military and 
Indian Department. As the Commander in Chief explained to the head 
of that Department shortly after the passing of the Quebec Act, 
Indian people were ordinarily left to "their own usages and 
customs" in most things. While they might, said General Thomas 
Gage, have been informed that, "in cases of murder or robbery", 
they could be tried according to English law, the "French law of 
Canada" would have no authority over them. 

     The settler government - which at this time consisted of a 
Legislative Council, rather than an Assembly - had no 
constitutional authority over aboriginal people, though it could 
and did pass laws to protect them from depredations by whites. One 
such piece of legislation was a 1777 Ordinance to prevent the 
selling of liquor to aboriginal people. Under its terms, 
inhabitants of Quebec were also forbidden to travel past the foot 
of the long fall on the Ottawa River - near Carillon - without a 
pass. Nor was anyone to be allowed to settle "in any Indian 
village or Indian country within this Province" without a licence 
in writing from the government. 

     British officials assured the Indian people that the 
provisions of the Royal Proclamation protecting their land rights 
were still in effect. There was little settlement pressure within 
the province in any case until the close of the American 
Revolutionary War - when Britain suddenly had to provide far great 
numbers of refugee Loyalists. 

     Many of these Loyalists wanted to settle on Indian lands 
north of the St. Lawrence River and Lakes Erie and Ontario. As a 
result, beginning in 1781, the Crown acquired various tracts of 
land from the Indian Nations - in keeping with the rules set down 
in the Royal Proclamation of 1763. One of these purchases - in 
1783, of lands in what is now the far corner of eastern Ontario - 
was made from Mynass, an Algonquin Chief, who lived at Oka. 

     Some Loyalists also settled in what are now the Eastern 
Townships of Quebec. The Crown had purchased the Seigneury of 
Sorel for them - and, with other seigneurial lands available, 
there was little need to apply to the Indian Nations for more 
land. Disputes did arise at St. Regis - Akwesasne - much of which 
was coveted by the settlers. However, their petition ta the 
Executive council - the ultimate land-granting authority - was 
refused, on the grounds that the lands in question, being Indian 
lands, were "not in the Ring's power to grant". 


(6) The Province of Lower Canada, 1791-1841 

     The Province of Canada was created by Imperial statue in 
1791. what had remained of Quebec after the American Revolution 
was formally divided into Lower and Upper Canada by Imperial Order 
in Council of 24 August 1791. The boundary between the two 
provinces was to run along the Ottawa River as far as Lake 
Temiscamingue and then "due North until it strikes the boundary 
line of Hudson's Bay". The traditional lands of the Algonquin 
Nation, therefore, were now both in Upper and Lower Canada. 

     French civil law was to apply in the lower province, while 
the English common law was to prevail in the upper. This did not 
affect common law aboriginal title, which was to have the same 
application in both. Shortly after the passing of the 1791 
legislation, the King reappointed Sir John Johnson as 
Superintendent General of Indian Affairs. He was to assure "Our 
Faithful allies, the Nations inhabiting our provinces of Upper and 
Lower Canada and the frontiers thereof" of His Majesty's continued 
concern for their welfare. 

     These assurances included protection of existing land rights. 
As Sir John's superior officer - Governor Guy Carleton, Lord 
Dorchester - assured the Confederacy of Indian Nations at Montreal 
in 1791, the Crown "never has, and never will, take a foot of land 
from you without your consent, and without paying you for it". 

     There were problems, however, as Lord Dorchester explained to 
the colonial secretary in early 1795, he had been hearing frequent 
"complaints of the Indians of Lower Canada regarding their Lands", 
as well as protests from the Indians in Upper Canada at "Persons 
who have taken possession of Lands which are still claimed by 
them". These discontents, according to the Governor, "could 
proceed only from the omission of Form, and want of knowledge in 
the Persons employed to make Purchases of their Lands". Deciding 
therefore to expand on the rule& originally set out in the Royal 
Proclamation of 1763, Lord Dorchester had issued a new series of 
regulations to Sir John Johnson on 24 December 1794. 

     These regulations clearly applied to Lower Canada, as well to 
the upper province. They state that when lands are wanted in "any 
of the King's Provinces", proper requisitions are to be made to 
the Commander in Chief. By Article 3, "All purchases are to be 
made in public Council with great solemnity and ceremony according 
to the ancient usages and customs of the Indians, the principal 
Chiefs and Leading Men of the Nation or Nations to whom the lands 
belong being first assembled". Proper maps of the lands to be 
acquired are to be made, and copies of the agreements given to the 
Indian Nations for their records. 

     Between 1794 and 1830 in Upper Canada, the British Crown 
entered into a long series of land surrender agreements with the 
Indian Nations. This was to allow for the settlement of American 
Loyalists and subsequent British immigrants. 

     Within Lower Canada, on the other hand, there was no 
sustained pressure on unceded Indian lands before 1820. Until that 
time, settlement had largely been confined within the old 
seigneurial grants along the St. Lawrence. 

     When the frontier of settlement did advance into Indian 
country, Indian Department officials insisted that the Royal 
Proclamation of 1763 continued to apply. In 1824, the octogenarian 
Superintendent-General, Sir John Johnson, argued in a letter to 
the Governor that the lands of the Algonquin Nation were being 
illegally encroached upon by lumberman and settlers: 

     By His Majesty's Proclamation dated the 7th October 1763, 
     a copy of which is herewith enclosed, you will find that 
     it is expressly provided that the Indians shall not under 
     any Pretence whatever, be deprived of the Lands claimed 
     by them, unless they should be inclined to dispose of 
     them, in which case they are to be Purchased for the 
     Crown only, and at some Public meeting to be held for 
     that purpose. 

     As late as 1837, the Executive Council of Lower Canada 
considered that the Algonquin Nation had established a valid claim 
to their hunting grounds along the Ottawa River, based on the 
Royal Proclamation and Lord Dorchester's regulations. 


(7) The Province of Canada, 1841-1867 

     By the early 1840's, the Lower Canada forest industry had 
spread into the Saguenay-Lac St. Jean region and far up the Ottawa 
River and its tributaries. English speaking lumberman like William 
Price - the "father of the Saguenay" - and John Egan - who held 
all the licenses around Lake Temiskaming - used their influence 
with the provincial government to open what had until then been 
fur trade and Indian country to resource extraction. 

     At the same time, the Catholic clergy were pressing the 
government to allow proper colonization of the Saguenay. They were 
concerned that rural people - faced with a shortage of arable land 
in the old seigneuries - had been leaving for the towns of Canada 
and the United States. 

     As some compensation to aboriginal people who were being 
displaced, Oblate missionaries petitioned the provincial 
government to provide Indian reserve lands in the Saguenay and 
Ottawa regions. These would include a township on the Gatineau 
River and another large tract at the head of Lake Temiscamingue - 
both for the Algonquins and their relations. In a report to the 
government dated August 2, 1849, the Assistant Commissioner of 
Crown Lands, Teophile Bouthillier, recommended that the tracts be 
set apart. He also noted the contrast between the two halves of 
the province of canada in their treatment of Indian claims: 

     There is this general observation to make in conclusion, 
     that while in Upper Canada the Government have 
     scrupulously paid the actual occupants of the soil for 
     almost every inch of ground taken from them, making fresh 
     purchased as new districts were laid out, they in Lower 
     Canada appear to have been totally regardless of all 
     Indian claim. 

     The Assistant Commissioner's remark was meant as a criticism, 
not as a defence, of Lower Canada land policy. Nowhere do 
Bouthillier or any other government officials of this period 
suggest that the lower province, in disregarding Indian claims, 
was following old French colonial practice. 

     The government's response to these petitions was the Lower 
Canada Statute of 1851, which set apart 230,000 acres of land in 
Canada East for the use of certain Indian tribes. By Order in 
Council of 9 August 1853, these lands were formally distributed. 
The schedule included 38,400 acres at the head of Lake 
Temiscamingue, and 45,750 at Maniwaki or Riviere Desert for the 
"nomadic tribes" of the Nepissingue, Algonquin, Outaouais and 
Tetes de boule. 

     In effect, then, the creation of reserves in Canada East 
constituted compensation for damages caused to Native hunting 
grounds by lumbering and settlement. However, none of the official 
documents - including the 1851 statute - tied reserve creation to 
the extinguishment of aboriginal title. This is not surprising 
since the Legislative Assembly of Canada had no such 
constitutional authority. 


(8)  The Province of Quebec, 1867 -

     The modern province of Quebec came into being through the 
British North America Act of 1867.  Responsibility for "Indians 
and lands reserved far the Indians" within the province was 
entrusted to Canada under Section 91(24).    Under Section 109 of 
the Act, Quebec was given authority over lands and resources 
within its boundaries - subject to any "interest other than that 
of the province in the same". 

     It was a commonly held view that aboriginal title was just 
such an interest.    In 1875, Telesphore Fournier - Minister of 
Justice in Alexander Mackenzie's Liberal government - argued this 
point in an opinion involving aboriginal title in British 
Columbia. The opinion notes that aboriginal rights to land had 
always been respected throughout what was now Canada - including 
both Ontario and Quebec: 

     The determination of England as expressed in the 
     Proclamation of 1763, that the Indians should not be 
     molested in the possession of such parts of the dominions 
     and territories of England as not having been ceded to 
     the King are reserved to them, and which extended also to 
     the prohibition of purchase of lands from the Indians 
     except only by the Crown itself at a public meeting ar 
     assembly of the said Indians to be held by the Governor 
     or Commander in Chief, has with slight alteration been 
     continued down to the present time, either as the settled 
     policy of Canada or by Legislative provisions of Canada 
     to that effect; [...] and in various parts of Canada from 
     the Atlantic to the Rocky Mountains large and valuable 
     tracts of land are now reserved for the Indians as part 
     of the consideration of their ceding and yielding to the 
     crown their territorial rights in other portions of the 
     Dominion. 

     In 1867, Quebec's boundary only extended as far north as the 
height of land separating the St. Lawrence watershed from the 
rivers flowing into Hudson and James Bay. The more northerly 
territory - part of the lands covered by the charter of the 
Hudson's Bay Company - was formally transferred to Canada in 1870, 
following petitions from the Senate and House of Commons of the 
new Dominion. The transfer stipulated that the "claims of Indians 
to compensation for lands required for purposes of settlement 
shall be disposed of by the Canadian Government in communication 
with the Imperial Government". 

     Most of the Algonquin homelands were within the territorial 
boundaries of Quebec in 1867, though some lands remained within 
what were now the Northwest Territories. In 1898, Canada 
transferred the southern half of this northern territory to 
Quebec. The remainder was transferred in 1912. Again, there was an 
express stipulation that aboriginal title would be dealt with. 

     Canada made Treaty No. 9 in 1905-06 and 1929-30 with the 
Native inhabitants of Ontario whose lands had once been part of 
Rupert's Land. No such treaty was made in Quebec. In the decades 
following Confederation, the Quebec elite had begun arguing that 
the province had inherited French policy with regard to aboriginal 
title. It was not necessary, therefore, to negotiate for the 
extinction of the aboriginal interest. This argument was adopted 
by the provincial government - and largely accepted by Canada. 

     In the period after 1880, Quebec began a major expansion of 
settlement and resource extraction in the traditional homelands of 
the Algonquin Nation. Continuing their attempts to stem the flood 
of rural "canadiens" to the New England states, Oblate clergy 
promoted major colonization schemes at the head of Lake 
Temiscamingue and in the Abitibi region. 

     Lumbering remained the major activity up the Gatineau River 
and around the headwaters of the Ottawa. To aid the lumber 
industry and provide hydro-electric power, Quebec permitted the 
construction of enormous dams and reservoirs at Baskatong, Cabonga 
Dozois and Kippewa. These dams caused major damage to the 
homelands of the Algonquin people. 

     Quebec also stepped up prosecution of Algonquin people for 
supposed violations of provincial game and fish regulations. 
Between the two world wars, only the Hudson's Bay Company - for 
their own commercial reasons - were prepared to support the pre-
existing rights of aboriginal people to hunt, fish and trap. 

     Development and encroachment on unsurrendered Algonquin lands 
continued to the end of the nineteenth century and throughout the 
twentieth century, more or less unabated.   This caused much 
hardship to the Algonquin people whose traditional way of life 
depended upon hunting, fishing, trapping and gathering. 

     Their way of life was even more directly interfered with when 
the government of Quebec permitted the creation of private hunting 
and fishing reserves on traditional lands, without Algonquin 
assent. When the private clubs were abolished, the government of 
Quebec created Zones of Controlled Exploitation (ZEC). Algonquin 
people did not assent to these either. Yet they are still being 
harassed for exercising their aboriginal rights in these zones. 

     Although the Department of Indian Affairs tried, after the 
1940's, to have small reserves set apart for the interior 
Algonquins - at Amos, Lac Barriere, Grand Lac and Lac Simon, for 
example - these proposals were resisted by the Quebec Colonization 
Department. 

     Apart from these minimal efforts, Canada has generally failed 
to support the rights of Algonquin peoples in Quebec. The 
Algonquin people are among the poorest in Quebec and Canada. 
Housing, health and education standards are inadequate and our 
unemployment rates are as high as 80-90 per cent. And despite 
outstanding claims, we have been squeezed by Quebec onto marginal 
land bases. For example, the reserve at Rapid Lake is made up of 
59 acres of sand for a total population of 450 people. The 
community of Kippewa is in a similar situation. Wolf Lake does not 
even have a reserve. 


3.   ABORIGINAL TITLE AND THE ROYAL PROCLAMATION OF 1763: 
     THE CROWN'S FIDUCIARY OBLIGATIONS 

     Though the Royal Proclamation of 1763 was intended to be 
protective of the interests of Indian peoples in their lands, it 
also placed a serious impediment on their ability to deal with 
their lands. It provided that Indian lands could only be 
surrendered to the Crown. This, of course, also placed the Crown 
in a very powerful position vis a vis Indians because it alone had 
the power to buy Indian lands. The Crown also had the 
responsibility for promoting settlement on Indian lands - which 
was a conflict of interest. This conflict was usually resolved in 
favour of settlement. 

     This is exactly what occurred, to the extreme, in the case of 
the Algonquins. Settlement proceeded on Algonquin lands and the 
Crown did little to stop it. Nor did it make any efforts to 
negotiate a surrender of the aboriginal title of the Algonquins. 
This is unlike the situation in Ontario and the prairies where 
settlement was either preceded by, or at least accompanied by, 
treaties of land cession. 

     Since 1867, it has been the Crown in right of Quebec which 
has driven settlement and development of Algonquin lands, aided 
and abetted by the Crown in right of Canada. The Crown in right of 
Quebec has consistently refused to allow the transfer of adequate 
reserve lands to Algonquin First Nations. 

     The inalienability of aboriginal title led the Supreme Court 
of Canada in 1984 to conclude that this placed a fiduciary duty 
upon the Federal Crown to act in the best interests of the 
Indians. In Guerin v The Queen, the Court said: 

     The fiduciary relationship between the Crown and the 
     Indians has its roots in the concept of aboriginal, 
     native or Indian title. The fact that Indian bands have 
     a certain interest in lands does not, however, in itself 
     give rise to a fiduciary relationship between the Indians 
     and the Crown. The conclusion that the Crown is a 
     fiduciary depends upon the further proposition that the 
     Indian interest in the land is inalienable except upon 
     surrender to the Crown. 

     In 1982, s.35 of the Constitution Act. 1982. "recognized and 
affirmed"  the  existing  aboriginal  and  treaty  rights  of  the 
aboriginal peoples of Canada.    As a result,   according to the 
Supreme Court of Canada, the fiduciary duty of the Crown is now a 
constitutionally charged obligation:  Sparrow v. The Queen (1990). 

     As a consequence of the Royal Proclamation of 1763, common 
law aboriginal title, the fiduciary duty of the Federal Government 
and s. 35 of the Constitution Act, 1982, the Algonquin Nation 
takes the position that: 

     (1)  The Federal Government owes a fiduciary duty to the 
          Algonquin Nation to protect their aboriginal title 
          to lands in Quebec. 

     (2)  Any constitutional changes affecting the title of 
          the Algonquins in Quebec requires their consent. 

     (3)  Quebec can not legally secede from canada with 
          Algonquin lands without algonquin consent. 


4. OBLIGATIONS IN INTERNATIONAL LAW 

     International law has been deficient about addressing the 
specific concerns and vulnerabilities of Indian Nations. At the 
same time, increasingly, international law is developing a 
sensitivity to these concerns and vulnerabilities, especially 
through the activities of the Working Group on Indigenous 
populations. The working group meets annually at Geneva under the 
auspices of the UN Sub-Commission on Prevention and Protection of 
Minorities, and has been drafting a Universal Declaration on 
Indigenous Rights. Beyond this, ILO Convention 107 and 169 exist, 
but do not pertain directly to the present circumstances and have 
not been ratified by Canada. These instrument& can be regarded as 
embodying minimum principles of customary international law that 
are binding on all countries. In this regard, the Preamble of No. 
169 (1989) is relevant, especially the language, "Recognizing the 
aspiration of these peoples to exercise control over their own 
institutions, ways of life and economic development and to 
maintain and develop their identities, languages and religions, 
within the framework of the States in which they live." The legal 
acknowledgement of this aspiration is binding on the Canadian 
Government, implying a series of practical effects in the context 
of either fundamental reform bearing on the wellbeing of Indian 
nations or within the context of the dissolution of the former 
state and its replacement by two or more states. 

     Canada is also bound by general conceptions of international 
laws that are contained in fundamental treaties that have 
relevance to the concerns of the Algonquin Nation, although not 
drafted with this concern in mind. Article 1(2) of the United 
Nations Charter describes, as among the "Purposes" of the UN, "to 
develop friendly relations among nations based on respect for the 
principle of equal rights and self-determination of peoples." The 
centrality of this principle is expressed by the inclusion of 
common language in Article 1(1) of both the International Covenant 
on Economic, Social and Cultural Rights and the International 
Covenant on Civil and Political Rights: "All peoples have the 
right of self-determination. By virtue of that right they freely 
determine their political status and freely pursue their economic, 
social and cultural development." 

      The specific mechanisms far realizing this legal commitment 
have not been established, but it is certainly the case that the 
Algonquin Nation encompasses a "people" within the meaning of 
international law, and that the contemplated changes by way of 
reform or separation profoundly affect their "political status" 
and bear upon their prospects to exercise their rights to 
development. Secession of Quebec by rupturing the integrity of the 
Algonquin Nation and its territory within the current boundaries 
of Canada has a manifest profound affect such that its prospect 
should give rise to some sort of appropriate participation by 
which approval or disapproval could be expressed by the Algonquin 
people, both those in Quebec and those in Ontario. 

     The meaning of the principle of self-determination in 
international law has always reflected the practice and 
aspirations of peoples in the world. Recent developments, 
especially the dissolution of the Soviet Union and the emergence 
of Croatia and Slovania from out of Yugoslavia, underscore the 
relevance of political behaviour to the application of the rights 
of self-determination. Canada's foreign policy is interesting in 
this respect because of the haste with which diplomatic 
recognition was accorded to emergent nations out of the Soviet 
Union and Yugoslavia. One would think Canada should act with equal 
haste to recognize the right of self-determination of Indigenous 
peoples within its own borders. 

     Also of great relevance are the negotiations between the 
Palestinians in the Occupied Territories and the State of Israel 
for some interim form of Self-Government, and between the Iraqi 
Kurds and the State of Iraq to achieve some type of "autonomy" 
within the Iraqi state. It is clear that self-determination may 
lead to the redefinition of the boundaries and number of states, 
and that it pertains to restructuring of the rights of peoples and 
nations within states. This latter process is part of 
international law, and cannot be insulated by claiming that it is 
carried on within the state in accordance only with domestic law. 
This assertion has acquired extra force recently with the 
increasing recognition that Indian nations are subjects of 
international law that are deserving of special protection because 
of their vulnerability and the degree to which their survival as a 
nation is at risk. In effect, there is emerging at an 
international level a sense of fiduciary duty to ensure 
protection, a duty that is also being promoted by NGOs concerned 
with these issues. 

     The application of the principle of self-determination with 
respect to indigenous peoples particularly in the context of 
relations within existing states is not yet fully settled in 
international law. This is still in the process of being worked 
out. The UN Working Group on Indigenous Populations has still not 
completed its Declaration and it is expected to take a number of 
years before it is brought forward for ratification, The meaning 
of self-determination in this context, however is likely to be 
affected by practical circumstances - just as has been the 
experience elsewhere - which will inevitably vary from place to 
place. 

     Peoples, not states or governments, have the right of self-
determination, as was eloquently acknowledged by the World Court 
in the 1975 WESTERN SAHARA case: 

          It is for the people to determine the destiny of the 
          territory and not the territory the destiny of the 
          people. 

The territory of Quebec, as such, has no right of self-
determination. This right inheres in the people, and the people 
alone, and cannot be exercised on their behalf. If the Quebecois 
and Quebecoises claim a right of self-determination, it is only 
because they can establish their credentials as a people. But by 
doing this, they implicitly recognize an equivalent right for 
other peoples living within the territory. The Algonquins are 
"peoples" within the meaning of international law. They clearly 
have the right of self-determination. 

     Of further relevance is the general international law 
doctrine of succession to rights and duties of the prior state in 
the event of revolutionary changes of circumstances, including 
separation. Specific means must be taken prior to any contemplated 
separation to identify rights and interests of affected peoples 
and nations and practical means must be found to safeguard these 
rights and interests. In the absence of consent, it is difficult 
to see how this duty to safeguard can be upheld if the change has 
the effect of disrupting or seriously altering the geographical 
continuity of a nation and its territory as would be the case here 
if Canada splits into two states from the perspective of 
international law with Algonquin communities and territories being 
located in both new entities. 

     Further, this line of reasoning is strengthened to the extent 
that the rights and duties of Canada, with respect to the 
Algonquin Nation are themselves derivative from the British Crown. 
whether these relations can be altered unilaterally is legally 
doubtful, especially if there are adverse effects on a protected 
nation such as the Algonquin Nation. 

     Finally, it should be stressed that the right of development 
rests with peoples, not with states. According to Article 1 of the 
U.N. Declaration on the Right to Development (1986), this is an 
inalienable right which belongs to every human person and all 
peoples. Article 1.2 states: 

        The human right to development also implies the full 
        realization of the right of peoples to self-
        determination, which includes, subject to relevant 
        provisions of both International Covenants on Human 
        Rights, the exercise of their inalienable right to full 
        sovereignty over all their natural wealth and 
        resources. 

The whole instrument was endorsed by Canada, and adopted by a vote 
of 126-1, with 8 abstentions, by the U.N. General Assembly. The 
right of development includes the right of peoples to develop in 
their own way. This is especially important far those forms of 
development which are sensitive ta environmental values. This 
sensitivity to environmental values is an acknowledged achievement 
of indigenous peoples and is fully consistent with the image of 
sustainable development so persuasively emphasized by the 
Brundtland Commission Report "Our Common Future". 


5. SUMMARY AND CONCLUSIONS 

     Summary 

     In summary, the position of the Algonquin Nation is as 
follows: 
     
     (1) It is a fallacy to suggest that, in terms of aboriginal 
     rights, modern Quebec is the successor to New France. Quebec 
     is a successor to British colonies known as Quebec (1763-
     1774; 1774-1791); Lower Canada (1791-1841) and Canada [East] 
     (1841-1867). Owing their existence to British colonial law, 
     all of these jurisdictions have been subject to common law 
     aboriginal title. That is to say, the doctrine of aboriginal 
     rights - which has passed into Canadian common law - applies 
     equally to modern Quebec. 

     (2) In the same way, Quebec's present boundaries are the 
     creation, not of French colonial law, but of various Imperial 
     and Canadian enactments. These include the Royal Proclamation 
     of 1763, the Quebec Act of 1774, the Imperial Order in 
     Council of 1791 dividing Quebec into Upper and Lower Canada, 
     the British North America Act, 1867 and the boundary 
     extension acts of 1898 and 1912 which added the Abitibi and 
     James Bay regions. All of these enactments either explicitly 
     or implicitly acknowledged pre-existing aboriginal rights. 

     (3) The Algonquin Nation holds aboriginal title to its 
     traditional lands in Quebec. This has now been recognized in 
     Section 35 of the Constitution Act of 1982. The Algonquin 
     Nation has never ceded or surrendered its aboriginal title. 

     (4) The Algonquin Nation were acknowledged as allies, not 
     subjects, of the Crown - as was recognized to have been the 
     situation with the Hurons in the Sioui case of the Supreme 
     Court of Canada. When the French were conquered, the Indian 
     Nations - including the Algonquins - negotiated separate 
     agreements with the British. Their relations with the French 
     and the English were on a nation-to-nation basis. This is 
     reflected in the Royal Proclamation of 1763. 

     (5) when French civil law was reintroduced into Quebec in 
     1774, it was never intended that aboriginal people would be 
     subject to its provisions. They were to be governed according 
     to their own usages and customs. Algonquin peoples have 
     retained their inherent right to self-government. 
     
     (6) Not only do the Algonquin people have rights, the Crown - 
     presently represented by Canada - has obligations which have 
     been acquired from Britain following patriation. In Canadian 
     law, Canada owes a fiduciary duty to the Algonquin peoples to 
     protect their aboriginal title to lands in Quebec. This is 
     because aboriginal title can only be surrendered to the 
     Federal Crown. According to the Supreme Court of Canada, the 
     federal fiduciary duty is a constitutional duty and it is 
     enforceable at law. And this is reinforced at the 
     international level by the special responsibility of 
     governments in relation to the rights of indigenous peoples. 

     (7) In the past, the Crown has failed miserably in protecting 
     the interests of the Algonquin Nation to lands in Quebec. The 
     Crown in right of Canada has allowed the Crown in right of 
     Quebec to make massive encroachments on Algonquin lands 
     without ensuring that there was first a negotiated 
     settlement. In light of this, it is unreasonable to expect 
     the Algonquin Nation to rely on mere promises or pledges that 
     a sovereign Quebec would adequately respect their most sacred 
     rights. 

     (8) Recent experience of the Algonquins of Barriere Lake 
     confirms this reluctance. A trilateral agreement signed in 
     August of 1991 with Canada and Quebec is a joint project to 
     create an integrated resource management plan for La 
     Verendrye Park. It was intended to incorporate Algonquin 
     traditional knowledge and to protect Algonquin traditional 
     practices. But Quebec is not respecting this agreement. 

     (9) As a consequence of the Royal Proclamation of 1763, 
     common law aboriginal title, the fiduciary duty of the 
     Federal Government and s. 35 of the Constitution Act. 1982, 

      (a)  Any constitutional changes affecting the title 
           of the Algonquins in Quebec requires Algonquin 
           consent; and 

      (b)  Quebec cannot legally secede from Canada with 
           Algonquin lands without Algonquin consent. 
     
     (10) Self-determination for Quebec would lead to the 
     redefinition of the boundaries of Canada. Under international 
     law, the rights of aboriginal peoples and nations within both 
     states would be compromised. The process of separation cannot 
     be insulated from these rights by claiming that it is carried 
     on within a state in accordance only with domestic law. This 
     assertion has acquired extra force recently with the 
     increasing recognition that Indian nations are subjects of  
     international law that are deserving of special protection 
     because of their vulnerability and the degree to which their 
     survival as a nation is at risk. 

     (11) Peoples, not states or governments, have the right of 
     self-determination, as was eloquently acknowledged by the 
     World Court in the 1975 WESTERN SAHARA case: 

         It is for the people to determine the destiny of the 
         territory and not the territory the destiny of the 
         people. 

     The territory of Quebec, as such, has na right of self-
     determination. This right inheres in the people, and the 
     people alone, and cannot be exercised on their behalf. 

     (12) If the Quebecois and Quebecoises claim a right of self-
     determination, it is only because they can establish their 
     credentials as a people. But by doing this, they implicitly 
     recognize an equivalent right for other peoples living within 
     the territory. The Algonquins are "peoples" within the 
     meaning of international law. They clearly have the right of 
     self-determination. 

     (13) Any secession by Quebec from Canada would rupture the 
     integrity of the Algonquin Nation and its territory. The 
     tragedy of the Kurds shows what happens when peoples are 
     caught within the boundaries of different states. Article 32 
     of the ILO Convention No 169 (1989) implicitly establishes 
     the responsibility of governments to uphold the political 
     unity and territorial integrity of indigenous peoples. 
     accordingly, the Algonquin people possess the right to 
     approve or disapprove the creation of any new state which 
     would affect the status of their traditional lands and the 
     unity of their people. 

     (14) What is also relevant is the international law doctrine 
     of succession to rights and duties of the prior state in the 
     event of revolutionary changes of circumstances - including 
     separation. Specific means must be taken prior to any 
     contemplated separation to identify rights and interests of 
     affected peoples and nations and practical means must be 
     found to safeguard these rights and interests. 

     (15) Professor Henri Brun has suggested to this Committee 
     that aboriginal rights in an independent Quebec could be 
     explicitly guaranteed in a separate clause of the new Quebec 
     constitution - one which could only be amended with their 
     consent. But the promise to protect the right is not enough, 
     because the fundamental right of self-determination is being 
     denied. The essential part of self-determination is full 
     participation in the process as a distinct people. This 
     includes the right to give or withhold assent. 

     (16) Just as with the right of self-determination, the right 
     of development rests with peoples, not with states. According 
     to Article 1 of the U.N. Declaration on the Right to 
     Development (1986), this is an inalienable right which 
     belongs to every human person and all peoples. Article 1.2 
     states: 

         The human right to development also implies the full 
         realization of the right of peoples to self-
         determination, which includes, subject to relevant 
         provisions of both International Covenants on Human 
         Rights, the exercise of their inalienable right to full 
         sovereignty over all their natural wealth and resources. 

     The whole instrument was endorsed by Canada, and adopted by a 
     vote of 126-1, with 8 abstentions, by the U.N. General 
     Assembly. 

     (17) The right of development includes the right of peoples 
     to develop in their own way. This is especially important for 
     those forms of development which are sensitive to 
     environmental values. This sensitivity to environmental 
     values is an acknowledged achievement of indigenous peoples 
     and is fully consistent with the image of sustainable 
     development so persuasively emphasized by the Brundtland 
     Commission Report "Our Common Future". 

     (18) The Algonquin people have had over a century of bitter 
     experience with maldevelopment in the Province of Quebec. 
     Accordingly, the political leadership of Quebec lacks 
     credibility on this range of issues. In this regard, any 
     accession to sovereignty which would give a new state called 
     Quebec even more control over resources on Algonquin lands is 
     totally unacceptable. 

     Conclusions 

     You can't have double standards when it comes to self-
determination. If Quebecois and Quebecoises want to claim self-
determination for themselves, then realize that we have it too. 
Because self-determination exists in a people, in their language 
and culture, in their connection with the land. 

      We do not want our rights affected any more than they are 
now. There are Algonquin people living both in Ontario and in 
Quebec. Look at Temiskaming. Their Reserve is in Quebec, but at 
least half of their traditional lands are in Ontario. Many 
community members live on the Ontario side. Temiskaming people go 
back and forth all the time. They visit. They hunt, fish and trap. 
They work in all sorts of jobs. They go to the doctor. They shop. 
Why should you or the federal government be able to stop them from 
doing any of this? 

     For better or for worse, Algonquin people have been part of 
Canada for a long time. We made solemn agreements with the white 
people. We believed the promises made to us by the Great Queen in 
England. We aren't prepared yet to give up on that reality. And 
certainly not when plans for sovereignty are being made without 
us. 

     Some of you tell us we will be better treated in an 
independent Quebec. Why should we believe you? It was the Quebec 
provincial government that flooded our lands, and put us in jail 
for hunting and trapping. And Quebec is still letting timber 
companies rape our land. 

     I want you to think of a clock. The twelve hours represent 
all of human history on this land you call Quebec. French-speaking 
people have been here since 5 minutes to 12. English-speaking 
people have been here since 3 minutes to 12. But we Algonquins 
have been here all along. And we've done a lot less damage than 
you have in your few minutes. 

     We plan to be here for another 5,000 years. 

     Meegwetch. 

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