ISSUE/ Lands VOL. Lands & Resources Department

Contact: 02 Beausoleil First Lands Manager JULY Newsletter 2012 Nation Jennifer Copegog – ext. 242 11 O’Gemaa Miikan [email protected] This Issue

Christian Island, ON FNLMA Signatory CelebrationPg.1 L9M 0A9 Lands Finance Clerk Jane Copegog-Marsden – ext. 254 Historical Tidbit Pg.3

Phone: Our Mission [email protected] FNLM Regime Info Pg.4 (705) 247-2051 Statement FNLMA Youth Essay Pg.6

Environmental Specialist The Beausoleil First & the CrownPg.7 Mike Smith – ext. 234 [email protected] Nation Lands Resource ManagementPg.8 Department is Invasive Species Pg.10 Environmental Student Trainee dedicated to the

Hillary Smith membership of BFN celebrates the signing of the First Nation Lands [email protected] Management Act Chief Roland Monague and Jennifer – present & future. Copegog, Lands Manager addressed the We will respect our Back in January 2012, it was crowd and gave a historical review of

lands. We will do so proudly announced that the Beausoleil the Lands Program (how Beausoleil First First Nation would become one of the Nation has evolved and grown under the by providing the newest signatories to the First Nation different Land Regimes – RLAAP, RLEMP, Lands & Resources Newsletter Issue 02, Vol. 02 July, 2012 highest quality of Lands Management Act. The official 53/60 Delegation and now FNLM). Adhesion Ceremony was actually held in Leona Irons, on behalf of NALMA also service using the most Ottawa in April 2012 in which Beausoleil provided information on a working effective lands First Nation Chief Roland Monague and relationship that has spanned many

management practices Jane Copegog-Marsden, Lands Finance years. Bill McCue on behalf of the Land Clerk were in attendance. However, in Advisory Board gave an overview of while maintaining and an effort to bring this wonderful news FNLM and his experience working on respecting the vision to the entire community, the Lands behalf of the Lands Advisory Board. Sophie Redecki on behalf of AANDC also of our community. Department hosted a community celebration on June 21, 2012. praised the working relationship that has developed over the years and

The event was opened by Maxine offered her congratulations on behalf of

Shawongonabe who performed a hand- the Federal Government. Midland

drum song and opening prayer. Two Mayor, Gord McKay presented the

teenagers from the community also Beausoleil First Nation with a plaque

provided speeches on how FNLM would commemorating the special occasion.

impact future generations. Island The event was capped off with a light

Princess Kallie Copegog and Connor luncheon and social.

Sunday are being praised for their

wonderful and insightful words. Island

Prince Gavin King was not present for

the ceremony, but has provided his

speech, located on Page 6. Connor

Sunday summed it up well when he said

Beausoleil First Nation “as we celebrate Solidarity Day 11 O’Gemaa Street together, we should take time to be , ON proud of ourselves and this awesome L9M 0A9 achievement which took us many years

to accomplish.” www.chimnissing.ca

More photos on following page… 1

Effects of Continuing… Common Reed / Phragmites Invasive Phragmites

Phragmites Australis is a perennial Grass that was transported from Eurasia and is Loss of biodiversity and causing severe damage to coastal wetlands and beaches in North America. In 2005 species richness: Invasive Agriculture and Agri - Food identified it as the nation’s “worst” invasive Phragmites causes a decrease plant species. in biodiversity by creating monoculture stands. Phragmites was first introduced along the eastern seaboard but has since been Phragmites stands crowd out identified and located further west and north of the original point. In , native vegetation and hinder invasive Phragmites has been identified across the southern part of the province, native wildlife from using the with scattered occurrences as far north as and Lake Superior. Invasive area, resulting in a decrease in both plant and animal Phragmites is currently sold through the horticultural trade as an ornamental plant biodiversity. and spreads through various methods, including by wind and water.  Stands of invasive Phragmites decrease biodiversity and destroys habitat for other Loss of habitat: Monoculture Phragmites species, including Species at Risk. The Ontario Ministry of Natural Resources works stands result with several partners towards controlling and managing invasive Phragmites t in a decrease in available australis. natural habitat and food Much of the biomass of invasive Phragmites is found underground, in an intricate supply for various wildlife species, which may include system of roots and rhizomes. This aggressive plant grows and spreads easily, Species at Risk. Invasive quickly out-competing native species for water and nutrients. Invasive Phragmites Phragmites stalks are rigid releases toxins from its roots into the surrounding soil which impedes the growth of and tough, and do not allow and even kills off neighboring plants. It thrives in disturbed habitats and is often for wildlife to easily navigate through or nest in a stand. among the first species to colonize a new area. This plant prefers areas of standing  water but the roots can grow to extreme lengths allowing the plant to survive in Changes in hydrology: low water areas. Invasive Phragmites is sensitive to high levels of salinity, low Invasive Phragmites displays very high metabolic rates, oxygen conditions, and drought, all of which can limit the viability of seeds or which can lead to changes in rhizome fragments. the water cycles of a system. Monoculture stands of invasive Phragmites have the ability to lower water levels, as water is transpired at a faster rate than it would be in an area of native vegetation.  Changes in nutrient cycling: Invasive Phragmites stalks are made of a very inflexible structural material which breaks down very slowly. This slows the release of nutrients and leaves a high proportion of recalcitrant biomass (carbon) in the standing dead stalks.

Increased fire hazards: A stand of invasive Phragmites is composed of a high percentage of dead stalks, with a lower percentage of live growth. Dead stalks are dry and combustible, Life Cycle of Invasive Phragmites increasing the risk of fires. In general, growth of invasive Phragmites follows these timelines however exact timing will be site-dependent: Economic and social impacts: Invasive species such as Phragmites can have many Dormant: November–March negative effects on economic Germination: April–May and social issues. Effects on Primary vegetative growth: June–July agriculture and crops can lead to economic losses, while Flowering: August–September monoculture stands can Translocation of nutrients: September–October affect property values, and raise aesthetic concerns.

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Historical Tidbit Garlic Mustard This excerpt was taken from a historical document held within the archives of the Beausoleil First Nation Administration. The document was entitled “A History of Christian Island and Our People” compiled by the pupils of the R.C. School – 1967. We will attempt to put in an excerpt every issue for your reading pleasure. Garlic mustard is a biennial herb in the mustard family. Plants can range in height from 15 centimeters to over one meter in height. It has four petalled white flowers that form at the end of the stem. Seeds are black, oblong and found in rows within a long narrow capsule called a silique. Seed dispersal is primarily through human activities and other animals. Seed production can exceed 62,000 per square meter. Seeds are dormant at maturity and require a cold period to germinate. Seeds can germinate up to six years after production. Crushed leaves and stems of this plant give off a distinctive garlic odor. Garlic mustard is considered to be one of the most invasive exotic plants in Canada. It thrives in rich, moist upland forests and wooded stream-banks. It is shade tolerant, and readily invades deciduous woodlands, hedgerows, disturbed areas such as roadsides, trail edges and gardens. Its ability to form dense monocultures affects indigenous wildflower populations. Once garlic mustard moves into an area, it steals away available light, water and space from plants like wild ginger, bloodroot, toothwort, trilliums, and other native flowers, as well as choking out forest understory growth. Without sufficient understory growth to replace the existing forest, the long term health of the forest is threatened. Garlic mustard is one of the threats that have placed two species of woodland plants, designated by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), at risk. Both the wood poppy (endangered) and the wood aster (threatened) are at stake. But it’s not just flowers – garlic mustard is also toxic to butterflies, which perform important functions in the ecosystem, like plant pollination. The Huron Fringe Forest, the band of forested area that runs parallel to the shoreline has shown signs of invasion by garlic mustard. has been showing signs of Garlic mustard and is intensifying. Light infestations of garlic mustard can be controlled by hand pulling. Plants should be pulled before seeds have ripened. Care must be taken that the entire root is removed and disturbance to the soil is minimal. Do not compost this plant. Seeds can remain dormant in the compost and re-germinate in your garden.

In extreme cases, spot application of a glyphosate formulation (e.g. Roundup) has been cited as effective, provided certain precautions are observed. The best times of application are early spring and late fall. Since the plant sprouts early in the spring and the first year rosettes remain green throughout winter, it can be effectively killed by spot application at a time when most indigenous plants are dormant.

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Why? Aboriginal and Treaty Rights are collective rights, First Nation Lands Management Regime – Information ‐ To reconcile the relationship and history between First Nations meaning that they are held You Can Use! peoples and the Crown by the community rather ‐ To accommodate, which to a large extent is address the than the individual concerns and interests of First Nations.

Aboriginal Rights The Framework Agreement allows the signatory First Nations to opt out of the land management sections For an activity to be an of the Indian Act and establish their own regimes to manage their lands and resources, thereby providing Aboriginal right, it must be an for more control at the local level. The Framework Agreement was developed by the Government of element of a practice, custom Canada in full partnership with the affected First Nations, to promote self-management initiatives that will or tradition which is integral result in, among other things, improved economic development on reserves. This initiative is a form of to the distinctive culture of self-government that offers an alternative land management regime for a specific group of First Nations; it the Aboriginal community does not bind other First Nations to this model. claiming the right.

For First Nations and Inuit The First Nations Land Management Act (known as Bill C-49) is the formal legislation for this initiative. It communities, the activity ratifies the Framework Agreement which requires First Nations to develop a land code setting out the must have existed at the time basic rules for the new land regime. The 14 First Nations must also enter into individual agreements with of first contact with Canada to determine the level of operational funding for land management and to set out the specifics of transition to the new regime. Once the land code and the agreement are adopted by the First Nation Europeans. membership and are in effect, the land management provisions of the Indian Act no longer apply to these The current practice, custom communities. or tradition must have continuity with the historic The structure of the new regime was first advanced by the Chiefs in 1987. Since that time, negotiations practice, custom or tradition, have taken place between the Chiefs, federal officials, provincial governments and other interested third and it must remain integral to parties (e.g. the Union of British Columbia Municipalities and the Ontario Cottagers Association), resulting the community’s culture. in the Framework Agreement and the First Nations Lands Management Act. The Framework Agreement Present day activities may be is not a treaty and therefore will not receive constitutional protection under s.35 of the Constitution Act, the modern form of historical 1982. practice custom or tradition.

The Framework Agreement and the FNLMA do not fundamentally alter the Crown’s fiduciary relationship Aboriginal rights may be to the signatory First Nations, although certain of the Crown’s fiduciary obligations diminish as the First modified or surrendered Nations exercise their new authority and take on their responsibilities under the new regime. The through treaties. The impact Framework Agreement is subject to the Canadian Charter of Rights and Freedoms. Federal laws of of a treaty on Aboriginal general application continue to apply, as well as the Indian Act for all other purposes other than land rights will depend on the management. The lands affected are known as First Nation lands, and continue to be reserves for the How can I get involved? interpretation of the purposes of other applicable legislation. particular treaty. Look for the Resource Management updates in Matrimonial Real Property the Wiigwaas Dbaajmowin and the Lands Newsletter. While the Indian Act currently provides no protection for women with respect to the division of the Treaty Rights

matrimonial home upon marriage breakdown, the Framework Agreement and the First Nations Land Treaty rights are the rights Stop by the office and say Aaniin Management Act have provisions to address the issue of matrimonial real property. that Aboriginal communities Give me a call @ 705-247-2051 ext. 246 The First Nations and Canada agreed that the signatory First Nations must establish a community have as a result of special process that will develop rules and procedures to deal with matrimonial property within 12 months from Send me an email [email protected] agreements entered into with the date the land code takes effect. In essence, the First Nation community itself will develop the land Stop me on the road  the Crown. For example, a codes and procedures. These codes must address the issue of division of matrimonial real property and treaty may recognize the they cannot discriminate on the basis of sex. signatory Aboriginal I am interested in putting together an Indigenous Environmental Radio show communities’ rights to hunt Further, the federal government recognizes that there is a legislative gap in the Indian Act with regards to which could feature environmental issues in Indigenous communities around fish and trap. the issue of matrimonial property. Lands are not owned by individual band members, but are held by the the world and here at home; the show could also highlight Indigenous community for the benefit of the community. This unique situation is one of the reasons why this musicians and activists – like Buffy Sainte Marie and others. Your support and legislative gap in the Indian Act is being addressed by a fact-finding process already initiated in the ideas are needed to develop it so it represents what the community wants to Treaty of Niagara 1764 Department of Indian Affairs and Northern Development in consultation with Aboriginal representatives. hear and learn about. Simcoe Treaty 1815

If this interests you let’s talk  Huron Tract Treaty 1825/27 Robinson‐Huron Treaty 1850 Williams Treaties 1923 4 9

A message from Sarah Sandy:

Our Rights as the “Aboriginal” Resource Management Officer Peoples of Canada (…)

The Crown must act honourably, Departmental officials have held preliminary meetings with key Aboriginal groups and the Minister in accordance with its historical What does she do anyway?! hopes and future relationship with the to appoint an individual to lead the fact finding process in the near future. However, it is still Aboriginal peoples in question. I receive letters from various groups that are consulting us and I incumbent on The Crown’s honour canot be prioritize them and attend meetings to gather information as directed. the 14 First Nations affected by the FNLMA to address this issue in their own land codes within 12 interpreted narrowly or I am writing this in hopes of beginning a two-way communication about our territories, the developments that are happening on/off reserve, months of coming under the new legislation. technically, but must be given full effect in order to promote the how it affects our lives now and into the future. Expropriation Powers process of reconciliation In 1991, Canada undertook an extensive review of its Aboriginal policies launching the Royal mandated by s. 35(1) [of the What is consultation? Commission Constitution Act, 1982].” ‐ Consultation is an ongoing obligation on the Crown. on Aboriginal Peoples. A major theme in the Royal Commission’s final report was active participation

‐ The Crown must create a demonstrated meaningful opportunity for by -Chief Justice McLachlin, Taku consultation with First Nations peoples, even if the parties do not Aboriginal people in the policies that govern their lives. The First Nations Land Management Act River decision (2004, Supreme come to an agreement. incorporates this philosophy to ensure that First Nation members have an active role in developing all Court of Canada) ‐ The level of consultation required is related to the strength of the aspects of their land management regime, including expropriation. First Nations’ rights and land claims. Even at the lowest end, The power of expropriation is an essential power of governance and a necessary facet of land consultation requires good faith on the part of the Crown to management which is granted to differing authorities in Canada (i.e., federal and provincial Constitution Act, 1982 Section governments, 35 substantially address the concerns of First Nations public and private organizations, such as municipalities, school boards, universities and hospitals) and (1) The existing Aboriginal and as treaty rights of the Aboriginal When? such, has been provided for in the Act. peoples of Canada are hereby recognized and affirmed. - There is a low trigger for the duty to consult. Under the FNLMA, First Nations councils can only exercise their expropriation powers with the - Consultation must take place before any decision is made by authority (2) In this Act, “Aboriginal peoples provincial and federal governments and before there is an impact of their community. They are accountable to their community and are governed by the rules and of Canada” includes the Indian, on First Nations peoples’ rights. procedures specified in land codes developed by the First Nations. In addition, in determining Inuit, and Métis peoples of - Consultation is required regarding the Crown’s strategic planning compensation for any expropriated interests, First Nations are required to apply the rules on Canada. decisions. compensation contained in the Expropriation Act (Canada). (3) For greater certainty, in - Consultation is required even if a First Nation hasn’t legally proven subsection (1) “treaty rights” the existence of their right, as long as they can show reasonable Consultation includes rights that now exist by evidence in support of the existence of the right. The FNLMA underwent an extensive consultation process with the 14 signatory First Nations and the way of land claims agreements or Assembly of First Nations and more than two years of consultation with non-Aboriginal parties which may be so acquired. How? included meetings with the affected provincial governments (New Brunswick, Ontario, Saskatchewan, Alberta and British Columbia), the Union of British Columbia Municipalities, BC Rail, National Pipeline Canadian Charter of Rights and - The Crown must address both substantive (our concerns) Agency, national Bankers’ Association, CN Rail, SaskTel, Manitoba Hydro, Ontario Lottery Corporation Freedoms and procedural (timing, information, etc.) aspects of good and the Ontario Association of Cottage Owners. Section 25 consultation. - The Crown must reasonably ensure that First Nations have Third-Party Agreements The guarantee in this Charter of all the necessary information so they can properly express Under the FNLMA, existing third-party interests, such as leases, will continue in force according to certain rights and freedoms shall their interests and concerns about the proposed decision. their not be construed so as to abrogate - The Crown must provide information about its proposed terms and conditions. Also, First Nations land codes will provide for an alternative dispute resolution or derogate from any Aboriginal, decision, what the Crown knows First Nations’ interests to process to address any disputes relating to interests in First Nations lands. In addition, all decisions of treaty or other rights or freedoms be and what the Crown thinks the impacts will be to First band councils are subject to judicial review under the Federal Court Act. Upon expiration, third party that pertain to the aboriginal Nations’ interests. agreements are subject to negotiations with the signatory First Nations. peoples of Canada including:

(a)any rights or freedoms that have been recognized by the What? Royal Proclamation of October 7, - Land use planning and development process 1763; and - Policy development and implementation (b) any rights or freedoms that - Preparation of archaeological master plans now exist by way of land claims - Infrastructure planning and environmental assessment processes agreements or may be so - Policies related to cultural protection & development, i.e., acquired. Protection of archaeological and burial sites

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First Nation Lands Management Act: New Part 1: History of the Relationship between Lands Staff Summer Youth Essay Training Update Staff First Nations and the Crown

Written by: Gavin King Aaniin Chimnissing! Mike Smith will continue on with his Hillary Smith n’dizhnikaaz, studies. He is Chimnissing n’doonjibaa. This material is based on the Report of the Royal Commission on Aboriginal entering the I am currently attending Peoples. This report is an account of history compiled jointly by Aboriginal and Professional Lands Sheridan College, located Boozhoo, Miskwaa Miigwan dishnacaaz, ngig doodam, Chimnissing Doonjibaa. non-Aboriginal people. Manager’s in Oakville, ON. My field Hello, my name is Gavin King, I am from the otter clan. My mother is a member of Certification Program of study is Visual Arts in a Beausoleil First Nation, and my father is a member of the Chippewas of Nawash. I First Nations Pre-contact which is being offered course entitled Visual & identify with belonging to both First Nations. America, separated from Europe by a wide ocean, was inhabited by a distinct by the National Creative Arts. I will be people, divided into separate nations, independent of each other and the rest of beginning my second & Aboriginal Lands As I grow as a young man, I am a witness to history in the making. I am so the world, having institutions of their own, and governing themselves by their own Manager’s Association. final year of my program laws. It is difficult to comprehend … that the discovery of either by the other this coming fall. excited to hear about the First Nation Lands Management Act (FNLMA). What that Mike will commence should give the discoverer rights in the country discovered which annulled the My interest in the means to me as a youth in today’s society, is that in the near future, we as a First his studies in August. previous rights of its ancient possessors. (Chief Justice John Marshall, in Worcester environment came about Nation will be able to govern our own land. To have more control over our reserve This is the final level during my Grade 11 year lands and resources allowing us to develop our own laws to manage our lands, v. Georgia (1832) United States Supreme Court. of his studies and upon at including protecting them. This is promising for each member and to the Youth and In the land we now call Canada, First Nations on the west coast built societies of graduation from this Secondary School. I spent future generations. It gives me a look into the future and how we will greatly benefit wealth and sophistication with the abundant fish and trees. On the plains and in segment, Mike will one semester enrolled in a from this. In the near future, we have a better opportunity to be able to have a voice the harsh climate of the north, Aboriginal peoples lived in close harmony with the become a certified program offered at PSS in how our lands are managed and developed. It is exciting to hear that there is a vast herds of buffalo and caribou. In the forests of central Canada, First Nations Lands Manager. Good called the Outdoor possibility to have new lands added to our reserve. peoples harvested wild rice and tended crops of corn, squash and beans. In Luck Mike! Environmental Leadership addition, they fished, hunted and gathered food. On the east coast, Aboriginal Jane Copegog- Program (OELP). We came In the future to come with this new development of the First Nations Land peoples lived on the bounty of the sea and the land. Marsden has been to learn about invasive Management Act, it is my understanding that it will bring great opportunities for the busy during the past species, species at risk, members and especially to us youth and future generations. We can make plans to Building Relationships between Nations year and half pollution & other guide us while we make our career choices. After reading and researching what Beginning in the 1500’s and for at least 200 years, Aboriginal and non-Aboriginal completing her online environmental issues FNLMA means, I have the understanding that we as youth should look at careers of people cautiously co-operated with one another. European explorers and followers studies. Her late through hands-on learning. becoming Engineers, Environmental Technicians, Biologists, Environmental Scientists, would not have survived the climate without help from Aboriginal people. Each nights studying have I will be a part of the etc. I have dreams of becoming an Engineer, I feel that this new FMLMA would benefit managed their own affairs, enforced their own laws, and negotiated their own all paid off. This past Lands Management team having an Engineer Specialist and it brings me great excitement to understand what military alliances and trade agreements. The exchange of goods developed into as an Environmental June, Jane received the FNLMA means, and what I can bring to the FNLMA in the future. networks of commerce. In friendships and marriages and through trade her diploma for the Student Trainee for a total relationships and military allies, Aboriginals and non-Aboriginals created bonds of three summers. What I Finance Clerk Diploma between individuals and nations. hope to gain from this History is being made, as we members of Beausoleil First Nation have witnessed The program through the

position is to learn more Coldwater Land Claims nearing full ratification. FNLMA government-to-government Native Education about our community’s agreement. Land Management involving day-to-day administration of reserve lands Royal Proclamation of 1763 Training Centre in place in preserving our and resources and the right to legislate, one step closer to self-government. This The Royal Proclamation of 1763 regulated the relationship between Aboriginal and North Bay. land & take that news is exciting, for we as youth know that the Land on our First Nation is protected non-Aboriginal people in Canada for over two centuries. In this document, the king Congratulations Jane! knowledge with me into for future generations. Once a reserve becomes First Nation land under a Land Code authorized British people to deal with Aboriginal peoples on certain conditions. A my adult years. it cannot be sold or surrendered for sale. Our First Nation may decide to exchange key condition was that lands could only be acquired by fair dealing, through Crown some of its First Nation land for other lands, and that there can be community consent. The document recognizes the autonomous nationhood of Aboriginal consent and negotiations. The federal legislation cannot change the framework peoples and at the same time places the Crown in the role of protector. agreement. The Minister of Indian Affairs will no longer be involved in the Statues dating back two centuries created the concept of “status” to separate management of our First Nation lands. those who were entitled to reside on Indian lands and use their resources from those who were forbidden to do so. In this respect, the early legislation was an We as a community should be excited and proud of this accomplishment. exemption of the lands from municipal taxation and seizure under legal process and Future generations have so much to look forward to, and I am proud to be involved in other measures intended to secure those lands for the intended occupants: Indians this History making. I look forward to the future and what it brings to me as a young themselves. Anishnaabe. I am proud to be a part of Beausoleil First Nation and honoured to be given a chance to voice my thoughts and ideas of what this means to the youth of this *To be continued in our October Issue community, as the Beausoleil First Nation Prince.

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