Professional Documents
Culture Documents
MITCHIKANIBIKOK INIK
Algonquins of Barriere Lake
Les Algonquins du Lac Barriere
April 10, 2017
KITIGANIK Rapid Lake Lac Rapide
Quebec J0W 2C0
National Chief Perry Bellegarde
Telephone: (819) 435-2181 Fax: (819) 435-2181
Assembly of First Nations
55 Metcalfe Street
Suite 1600
Ottawa, ON K1P 6L5
By Fax: 613-241-5806
Our First Nation is requesting urgent action from you on the above noted AFN Resolution, adopted well
over a year ago.
As you know, in AFN Resolution 55/2015 the Chiefs-in-Assembly resolved that AFN:
1. Condemn the Government of Canadas decision in 2001 to unilaterally withdraw from the
solemn 1991 Barriere Lake Trilateral Agreement as immoral, illegal and a breach of fiduciary
duty and international human rights.
2. Strongly urge the Government of Canada to honour their obligations under the 1991 Trilateral
Agreement and the 1997 Memorandum of Mutual Intent and Global Proposal to Rebuild the
community.
3. Direct the National Chief and the Assembly of First Nations Executive Committee to support the
Algonquins of Barriere Lake in calling on the Government of Canada to participate in a
reconciliation process with Barrier Lake Chief and Council, beginning with a return of
administrative control over programs and services to the Barriere Lake Chief and Council.
We have learned you are scheduled to be a witness before the Standing Committee on Indigenous and
Northern Affairs on Tuesday April 11, 2017, to address their Study of the Federal Default Prevention &
Management Policy.
Our First Nation has been in Third Party Management since 2006-over ten years now! Since then our
community social and economic conditions have seriously deteriorated. Meanwhile, the Third Party
Manager got paid approximately $550,000 for the 2015-16 fiscal-year out of our band support funds.
After over ten years of Third Party (Mis)Management our community situation has become dire and our
people have grown impatient and are demanding our Council take immediate action. So, we are not
prepared to wait for the conclusion of the Canada-AFN Fiscal Relations process to get out of Third Party
Management.
We want our control over our financial and program administration returned now so we can address the
outstanding issues that have plagued our community since the breaching of federal agreements,
imposition of Third Party Management and the violation of our customary system of government with
the colonial Indian Act elective system!
In 2016, we had an exchange of correspondence with Minister of Indigenous Affairs, Carolyn Bennett,
which we have attached for your information.
We have proposed to Minister Bennett and her Chief of Staff Rick Thesis, who our representatives met
with in Ottawa on February 3, 2016, that there be a joint INAC-ABL assessment of our outstanding
issues and the development of an action-plan and schedule to jointly address them.
Not all of our issues can be placed into the federal-ABL mediation process, which is slowly addressing
some Third Party Management issues.
In her July 27, 2016, letter to me Minister Bennett committed to meeting with our First Nation as soon
as her schedule permits. Meanwhile, in January 2017, Minister Bennett did a tour of three Algonquin
communities near ours, but never contacted us for a meeting while she traveled in Algonquin Territory.
As there is no good reason to keep us in Third Party Management and we have the capacity to
resume control of our financial and program administration we are calling on you to communicate
your support for our position on the immediate end of Third Party Management in our
community and the return of administrative control to our Chief and Council to INAC Minister
Bennett and the Members of the Standing Committee on Indigenous Affairs during your
appearance on April 11, 2017.
We are also calling on you to press Minister Bennett into an urgent face-to-face meeting with a
delegation from our First Nation. We are prepared to come to Ottawa if necessary.
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We also ask that you suggest to the Standing Committee that they recommend to the Auditor-
General to conduct a study of the federal Default Prevention & Management Policy and use our
First Nations situation as a case study.
Should you have any further questions regarding our requests for urgent action, please contact either
myself or our Interim Director-General, Mr. Tony Wawatie at (819) 355-3662.
Respectfully,
Attachments
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SPECIAL CHIEFS ASSEMBLY
DECEMBER 8, 9, & 10, 2015; GATINEAU, QC Resolution no. 55/2015
WHEREAS:
A. The United Nations Declaration on the Rights of Indigenous Peoples provides:
i. Article 3: Indigenous peoples have the right to self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural development.
ii. Article 4: Indigenous peoples, in exercising their right to self-determination, have the right to autonomy
or self-government in matters relating to their internal and local affairs, as well as ways and means for
financing their autonomous functions.
iii. Article 26 (1): Indigenous peoples have the right to the lands, territories and resources which they have
traditionally owned, occupied or otherwise used or acquired.
iv. Article 26 (2): Indigenous peoples have the right to own, use, develop and control the lands, territories
and resources that they possess by reason of traditional ownership or other traditional occupation or
use, as well as those which they have otherwise acquired.
v. Article 26 (3): States shall give legal recognition and protection to these lands, territories and
resources. Such recognition shall be conducted with due respect to the customs, traditions and land
tenure systems of the indigenous peoples concerned.
vi. Article 32 (1): Indigenous peoples have the right to determine and develop priorities and strategies for
the development or use of their lands or territories and other resources.
Certified copy of a resolution adopted on the 10th day of December 2015 in Gatineau, Qubec
Certified copy of a resolution adopted on the 10th day of December 2015 in Gatineau, Qubec
Certified copy of a resolution adopted on the 10th day of December 2015 in Gatineau, Qubec
presentation to the
4 April, 2017
Good morning Committee members, staff and guests.
My name is Casey Ratt, and I am Chief of the Algonquins of Barriere Lake. We have lived in the
Ottawa Valley watershed from time immemorial. Our reserve at Rapid Lake is about 3 hours
north of Ottawa, on the Cabonga reservoir. We have over 750 members but our reserve only
measures about 74 acres in size.
Our lands and resources have been dispossessed by Quebec and Canada. Our people live in
poverty. We have high unemployment because we have been excluded from the development
of our traditional lands. For generations we have tried to resolve these issues with Canada and
Quebec. There have been times of conflict but we have always tried to solve our issues through
negotiation. In 1991 we signed an agreement with Canada and Quebec to negotiate the
management of lands in our territory. In 1997 we signed another agreement with Canada, to
rebuild our community. Canada walked away from those agreements in 2001 and refused to
negotiate. Then, in 2006 Canada imposed third party management (TPM) on our community,
and four years later they removed our customary system of government and imposed the
Indian Act election system on us.
The federal governments TPM has controlled all aspects of our communitys programs and
services since 2006. There is no accountability to our people. Canada has made our system of
governance almost irrelevant, since so many decisions are made by the TPM without any
consultation with us. Taken together, these events have increased our hardship and poverty.
We had to ask ourselves why the government of Canada would take control away from our
people and impose a TPM which actually made our lives worse.
There is no exit strategy. Canada and the TPM did nothing to work with us to build a bridge out
of this situation. They seemed happy to let this go on forever. So in 2016 we sued Canada in
Federal Court. Now we are in mediation to once again try and negotiate a fair resolution so
that our people can take back control over their lives.
We always hear that First Nations must be accountable and transparent. Then how come
Canada and the TPM can get away without being accountable and transparent to our people?
We know we could do better. I want to provide you with some examples:
Our TPM gets paid about $550,000 a year to administer our poverty.1 We dont think
that our community or the Canadian taxpayer gets value for dollar in this arrangement.
Nothing in the TPM agreement measures whether our quality of life, or the delivery of
services actually improves under TPM. There is nothing to link the TPM to positive
outcomes for our community. It has nothing to do with improving our living conditions
1
This includes INAC, Employment & Social Development, and Health Canada programs.
We have no role in developing the TPMs terms of reference. Each year the contract
only requires the TPM to administer the current years programs & services. So, past
debts are left unattended. Before the TPM was imposed, Revenue Quebec had assessed
our outstanding bill at $218,000. We now owe an additional $305,000 in interest, and
$34,000 in penalties, for a total of $558,000. Separately, Quebecs CSST assessed ABL
for $400,000. Since then, they have added another $290,000 in interest, for a total of
$690,000. Apparently the TPMs have done nothing to pay down these debts, because
INAC has not required them to do it. Is this proper financial management?
Despite population growth, terrible overcrowding, and a lack of housing stock, no new
houses have been built at Rapid Lake since 1995.
In the past ten years none of the TPMs have worked with us so that we can develop
the capacity to take over management of programs. There is no exit plan.
We do not receive regular financial statements from the TPM, so our staff are unable to
plan or carry out their responsibilities properly. In a normal situation we would expect
to get monthly financial statements but the TPM refuses to provide them, except once
every three months. Notices of layoffs come suddenly and without warning.
So we went to Federal Court and we are now in mediation. We want to negotiate a way out of
this terrible situation that has caused our people so much suffering. We are not able to talk
about the content of our discussions in the mediation, but we can tell you that INAC and the
Department of Justice are refusing to support our proper involvement in our search for a
negotiated settlement. They have refused to cover the costs of our legal counsel, or of our
financial advisor, or of our negotiators. Being in TPM, we have no discretion over our
expenditures. We are in a Catch 22.
We think that your committee should be very concerned about this situation. We hear all
about this governments commitment to renewing the nation to nation relationship. We also
hear a lot about this governments commitment to reconciliation. But we dont see it. In
fact, we see the opposite.
We think you need to ask this government some hard questions about how it is treating the
people of Barriere Lake. We are asking for your help so that we can regain control over our
community and our future.
Meegwetch.
March 1, 2016
Dear Minister:
This is further to our letters of November 16, 2016, and November 30, 2016, requesting an urgent meeting
with you.
We appreciate that your priority over the past weeks has been meeting with the families who have been
impacted by the Murdered and Missing Womens and Girls situation in preparation for launching a national
inquiry.
As you requested, on February 4th we sent a delegation to meet with your Chief of Staff, Mr. Rick Theis, to
brief him on issues that require political commitments from you as Minister.
Based on our discussions with Mr. Rick Theis, in terms of next steps, there are two areas of immediate
activity that we would like to follow.
1. We need to develop an agreed upon action plan to address the three main issues that are holding back
our communitys development:
We think the most realistic approach would be a joint assessment of the situation, leading to an agreed upon
action plan and timelines. We know that to do this we will need to work with INAC officials. But, as you
know, there is much that needs to be done to rebuild trust and relations with the officials at the Quebec
Regional Office. For this reason, we think this follow-up work should be facilitated by a mediator who has
our trust and confidence. Resources will be required for this process to lead to results which have
community support. We believe that our Tribal Council (the Algonquin Nation Secretariat/Algonquin
Nation Programs & Services Secretariat) has a role to play in this process, to assist in this work and provide
us with the advisory services that we require.
2. On a more immediate time line, we must act quickly to address outstanding issues with Health Canada
and medical transportation. The current situation is putting our members at risk and we need to take action
now. We know that this is a Health Canada responsibility, but INAC is involved too since many of the
existing problems are directly related to the third party management issue.
We are asking that your office make the necessary interventions with your colleague Jane Philpott, the
Minister of Health, in order to see that this matter is dealt with as soon as possible, in a way that our
communitys concerns are met. Youth protection (child apprehension) and social services are related issues
which also require action.
We received support from the AFN Special Chiefs Assembly for a reconciliation process with the
government of Canada as you can see from the attached AFN Resolution.
We are still requesting an urgent meeting with you to discuss our proposed action plan.
We had a meeting on February 23, 2016, with officials from your Quebec Regional Office, the government
of Quebec and Hydro-Quebec on the issues of electrification of the Rapid Lake Reserve and expansion of
the land base contiguous to the Reserve.
We canceled a proposed community meeting, which was to have been held in our community on February
23, 2016, because we do not have any response from you on our proposed action plan to address the issues
our delegation discussed with Mr. Theis.
As we told your official Mr. Walter Walling on February 23, 2016, we are not prepared to proceed on the
electrification and land expansion projects until we are satisfied you are committed to honour the
agreements Canada signed with our First Nation, as well as address our governance and administration
issues.
After all of the hardships our people have been through for the past decade and more, we want a clear plan
to move forward on, one based upon past agreements with the federal government. Quite frankly, there is a
very low level of trust with the government of Canada. We will both have to work hard to repair the
damaged relationship between our First Nation and the federal government.
We look forward to a positive and cooperative working relationship with your office, as we move towards
real reconciliation and progress for our community.
Sincerely,
____________________________
Chief Casey Ratt
Page 2 of 2
Ministre des Affaires Minister of Indigenous and
autochtones et du Nord Northern Affairs
rattcasey@gmail.com
This is in response to your letter of March 1, 2016, concerning your proposal for a
discussion process to address important matters pertaining to the Algonquins of
Barriere Lake. I regret the delay in this response.
This new context provides a true opportunity to work together on the path of
reconciliation, and for Canada to proceed with the long-standing plan for necessary
investments to tackle the socioeconomic challenges faced by your community.
I concur that immediate actions are needed in order to remove the obstacles which you
indicate are holding back your community's development. In light of the past
circumstances that brought about departmental interventions, our joint work should build
upon key objectives, including transparency, legitimate governance, sustainable
capacity, social well-being within the community, and improved living conditions for the
population.
As you are aware, I have already taken actions to cease all discretionary compliance
measures related to the First Nations Financial Transparency Act and to suspend any
court actions against First Nations who have not complied with the Act. I am informed
that, on March 1, 2016, upon consent of the parties, the Federal Court issued an order
staying the case concerning the Algonquins of Barriere Lake.
. .. /2
Canada
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Implementing agreements between Canada and the Algonquins of Barriere Lake will be
meaningful insofar as the people of your community can benefit from improved and
sustainable socioeconomic conditions. As referred to above, Budget 2016 offers a new
opportunity to achieve this most pressing objective. It is my hope that you will
appreciate the importance of working together toward reserve expansion and access to
a reliable and clean source of energy, through Hydro-Quebec. Success on this front will
provide the foundation for meaningful departmental investments to improve the living
conditions of the community.
I have engaged with Minister Philpott in drafting this letter, and have also forwarded this
response to Regional Chief Ghislain Picard for his consideration.
I trust this response will help in forging a new partnership with the Government of
Canada for the benefit of the Algonquins of Barriere Lake.
Sincerely,
Since the fall of 2014, the Barriere Lake Council has been requesting the federal Minister
of Aboriginal Affairs comply with the following three conditions to our agreement with the
audit process: a say in choosing the auditor; a say in the scope of the audit; a dispute
resolution process regarding transactions our Council did not approve made by the Third
Party Manager. As a consequence of our non-compliance, Minister Valcourt cut what he
called non-essential servicesband support and economic development.
BARRIERE LAKE SUES BACK! On January 30, 2015, the Algonquins of Barriere Lake
commenced a legal proceeding against Canada and past and present third party
managers for breach of fiduciary duty, interference with economic relations, and
negligence. Our claim is for $30 million in damages for lost monies, undermined
autonomy and self-governance, and harm to our reputation.