1.0
GENERAL PROVISIONS
1.1 The Algonquin Nation Standardized
Identification Criteria Register shall be used only to determine
entitlement to participation in the process of negotiations of the
Algonquin Nation Land Claim
1.2 Identification does not by
itself constitute, nor should it be construed as entitlement to
registration as an Indian pursuant to the Indian Act of Canada nor does it
by itself entitle a person to membership in the Algonquins of Pikwŕkanagŕn
(Golden Lake). Identification should also not be construed as entitlement
or non-entitlement to be a beneficiary of any final land claim agreement.
2.0
DEFINITIONS
2.1 “Algonquin” means a person of
Algonquin or Nipissing descent.
2.2 “Descendant” means a
descendant in either the natural mother’s or father’s line.
2.3 “Applicant” means a
person who applies for identification on his own behalf
2.4 “Trustee/Guardian”
means a person who makes application for identification on behalf of
another person.
2.5 “Minor” means a
person who has not yet attained the age of eighteen years.
2.6 “Council” means the
Chief and Council of the Algonquins of Pikwŕkanagŕn First Nation (Golden
Lake).
2.7 “Chief &
Council/Committee” means an area committee of people of Algonquin
descent established for purposes of consultation.
2.8 “Conflicting relationship”
means immediate family and spouse’s immediate family (including common
law) and includes a person’s wife, husband, father, mother, brother or
sister, children, foster parents, grandparent, adopted brother or sister,
half brother or sister.
2.9 “Clerk” means the
clerk of the Identification Board.
2.10 “Algonquins of Pikwŕkanagŕn
(Golden Lake)” for the purpose of this criteria, this means all
persons, whether resident on the Pikwŕkanagŕn (Golden Lake) Indian Reserve
or not, who are registered or entitled to be registered as members of the
Algonquins of Pikwŕkanagŕn:
a) Pursuant to the Indian Act of Canada;
b) Pursuant to any valid membership code
of Pikwŕkanagŕn, or;
c) Who would be eligible to be registered
as a member of the Pikwŕkanagŕn First Nation pursuant to Section 6(2) of
the Indian Act of Canada if no membership code had been in effect.
2.11 “Indian Act” means the
Act respecting Indians of Canada R.S.C, 1985 c.1-6 as amended from time to
time.
2.12 In this criteria, reference to
the masculine includes the feminine, and reference to the singular
includes the plural.
3.0 ENTITLEMENT
The following persons are entitled to be
identified:
3.1 A person who is an Algonquin of
Pikwŕkanagŕn as defined in 2.10 or is an Algonquin/Nipissing person
registered on the Sudbury General List.
3.2 A person who is:
a) A direct descendant of at least one
Algonquin or Nipissing person whose name appears on the list of names in
the Schedule “A” attached.
And,
b) produces evidence satisfactory to the
Registrar that he is one eighth or more Algonquin or Nipissing by blood or
any combination of Algonquin and Nipissing descent which equals one eighth
or more Algonquin-Nipissing by blood.
For purposes of this Criteria any person whose name
appears in Schedule A, and any person who, on July 15, 1897 was a direct
descendant of a person whose name appears in Schedule A, shall be deemed
to be 100% Algonquin or Nipissing by blood. (This includes all names that
were accepted by the Board).
And,
c) Is not a registered member, pursuant
to the Indian Act of Canada, of a First Nation other than the Algonquins
of Pikwŕkanagŕn First Nation. And,
d) Is not a beneficiary of any other land
claim settlement agreement.
3 ADOPTION
For the purposes of this Criteria,
the rights and descendancy of a person who was given up for adoption will
not be affected.
4 ADMINISTRATION
5.1 There shall be a list established called
the Algonquin Nation Standardized Identification Register.
5.2 The Algonquin Nation
Standardized Identification Register shall contain the name of every
person who is identified pursuant to this Criteria.
5.3 A Registrar, who will be
appointed, shall be responsible for administering and maintaining the
Algonquin Nation Standardized Identification Register.
5.4 A person who wishes to be
identified shall make written application; or a trustee/guardian shall
make written application on his behalf, to the Registrar for
identification.
5.5 A parent or legal guardian of
a minor who is eligible for identification may act as that person’s
trustee/guardian and may apply for identification on behalf of the minor.
5.6 Any person who, by order of a
court, or according to aboriginal custom in Canada or pursuant to
legislation, has been vested with the authority to manage the affairs of
an adult incapable of managing his own affairs may act as that person’s
trustee/guardian and may apply to the Registrar to identify that adult.
5.7 In order to be considered for
identification on the Algonquin Nation Standardized Identification
Register an applicant, or a trustee/guardian on his behalf, shall provide
the Registrar with documentary evidence that the applicant meets the
requirements of Paragraph 3.0 of this criteria. For those applying under
section 3.1, the evidence may include proof of band membership. For those
applying under section 3.2, the evidence may include birth, baptismal,
death and marriage certificates/records, census records, affidavits or
other relevant documents as well as ora or videotaped evidence.
5.8 Within two weeks of receiving
any application for identification, the registrar shall send the applicant
a written acknowledgement that the application has been received.
5.9 Within sixty days after
receiving any application for identification, the Registrar shall make a
decision in respect of the application and shall:
a) Where the person meets the
requirements of section 3.1 or 3.2, identify the person in respect of whom
the application was made; or
b) Refuse to identify the person in
respect of whom the application was made; or
c) Request additional information; or
d) Refer the application to the
Identification Board for a decision.
Where the Registrar cannot make a decision, either
because no direct ancestor of the applicant appears on the list of names
in the Schedule “A”, or because of lack of sufficient evidence or because
of a possible conflicting relationship, the Registrar shall refer the
application to the Identification Board.
And then shall notify the applicant or his
trustee/guardian in writing of his decision, providing written reasons for
any decision under subparagraphs (b), (c) or (d).
5.10 Where the Registrar is satisfied
that a person meets the requirements of Paragraph 3.0, he shall add the
person’s name, date of birth and address to the Algonquin Nation
Identification Register.
5.11 The Registrar shall keep a
record of all applications of persons who were refused for
identification.
5.12 No sooner than ten days, and no
later than thirty days after a decision of acceptance, the Registrar shall
post a copy of the decision pursuant to Paragraph 5.9a) in the office of
the Algonquin Nation Tribal Council and in designated areas as identified
by the Algonquin Nation Tribal Council.
6,0 APPEALS
6.1 The Algonquin Nation
Standardized Identification Criteria Board is hereby established.
6.2 The purpose of the Algonquin Nation Standardized
Identification Board shall be to decide on applications for identification
referred to the Board by the Registrar and to hear and decide on appeals.
6.3 The Algonquin Nation Tribal
Council shall by resolution appoint members to the Identification Board,
who shall be assisted by a Clerk.
6.4 The Algonquin Nation
Standardized Identification Board shall consist of a minimum number of
members each of whom has been identified pursuant to this Criteria. The
Board should consist of one member from each recognized area with the Land
claim territory. The members of the Board shall choose one of their
numbers to act as Chair of the Board.
6.5 The appointment of the
Board’s members shall be by the Algonquin Nation Tribal Council as
follows: A minimum number of members shall be appointed for a term of
three years. A remainder minimum number of members shall be appointed for
a period of two years.
6.6 Within ninety days of posting
of any decision on an application by the Registrar,
a) The applicant or
b) The applicant’s trustee/guardian or
c) Any person who is identified on the
Algonquin Nation Standardized Identification Register and is over sixteen
years of age.
May appeal that decision to the Identification
Board.
6.7 An appeal shall be made in
writing to the Identification Clerk. The appeal shall state all the
reasons for the appeal.
6.8 No appeal shall be considered
if it is made more than ninety days after posting of the Registrar’s
decision. Posting pursuant to Paragraph 5.12 of the Registrar’s decision
shall be deemed as public notification.
6.9 Within thirty days after
receiving an appeal, the Clerk shall ask in writing the person making the
appeal to provide copies of all documents he intends to use in the
appeal.
6.10 Where the person making the
appeal is neither the applicant, nor his trustee/guardian. The Clerk
shall, upon receiving the appeal, notify the applicant or his
trustee/guardian by sending a copy of the appeal to the applicant or his
trustee/guardian and shall ask the applicant or his trustee/guardian
whether he wishes to provide additional documents.
6.11 Upon receiving the appeal
record, the Clerk shall, upon consultation with Board members, identify
three members of the Identification Board one of whom will be the Chair
and where possible, one of whom shall be the Board member from the area of
which the applicant is from, to hold a hearing on the appeal.
6.12 The three members of the
Identification Board selected to hear an appeal shall set a hearing date
in consultation with the Clerk. The hearing shall be held within a
reasonable period of time of a meeting convened under this paragraph.
6.13 The Clerk shall notify the
Registrar, the applicant or his trustee/guardian and, where the appeal is
made by a person other than the applicant or his trustee/guardian, the
person making the appeal, in writing of the hearing date at least thirty
days before the hearing date.
6.14 Any party to an appeal may ask
any other person to speak for him in the hearing.
6.15 The person appealing a decision
of the Registrar shall bear the burden on proving his case. The person
shall have to prove that his position or facts are true on the balance of
probabilities.
6.16 The Identification Board shall
hear fully from all parties to the appeal and shall ensure that rules of
natural justice are followed in the hearing.
6.17 decisions of the Identification
Board in appeals and references from the Registrar under Paragraph 5.9 are
final. There shall be no appeal from a decision of the Identification
Board to any other court, body or tribunal.
6.18 Where additional documents or
information become available in respect of any application, the applicant
or his trustee/guardian may make another application, which shall be
treated as a new application and not as a matter which has already been
decided on appeal.
6.19 The Identification Board shall
make its own rules of procedure consistent with rules of natural justice
and this criteria and shall provide a copy of those rules to the Algonquin
Nation Tribal Council for approval by resolution. The rules shall be
posted in the Algonquin Nation Tribal Council Office and shall be sent by
the Clerk to every person making an appeal to the Identification Board.
6.20 The Identification Board shall conduct
its hearings in accordance with the terms and spirit of Sections
1,2,7,8,9.10,11,12,13,14 and 28 of Canada’s Canadian Charter of Rights and
Freedoms.
6.21 Any party to an appeal,
including the Algonquin Nation Standardized Identification Board members,
may request that a hearing or an appeal process be confidential. The
members of the Identification Board may declare such hearing to be a
closed session or the appeal process to remain confidential in order to
protect the privacy of any person (s).
6.22 No member of Algonquin Nation
Standardized Identification Board shall hear any appeal where the person
making the appeal, or the person in respect of whose application the
appeal is made, is in a conflicting relationship with that member. Where
there is any question as to whether a board member is in a conflicting
relationship with an application or a person in respect of whom a hearing
is being held, the Registrar shall make a decision on that question, and
the Registrar’s decision shall be final.
7.0 OTHER PROVISIONS
7.1 The Algonquin Nation Tribal Council may
amend this criteria and may add names and documents to
Schedule “A”.
