‍Present:

Angus Toulouse
Anna Marie Abitong
Arnelda Bennett
Lawrence Solomon
Leroy Bennett
McKenzie Toulouse
Michael Abitong
Nelson Toulouse
Nicole Eshkakogan (virtual)
Paul Eshkakogan
Rhonda Stoneypoint
Sheldon Toulouse

Staff:

Andrea Hajt-Jacobs, Assistant Director – Council Secretariat
Claudette Jones, Education Executive Assistant
Melanie Lazarus, Director of Community Wellness (virtual)
Roger Jones, Council Secretariat (virtual)
Ross Assinewe, Director of Planning & Infrastructure
Samantha Keysis, Director of Lands, Resources, & Environment (virtual)
Sean Cassidy, Director of IT and Communications (virtual)
Susan Deschamps, Director of Long Term Care (virtual)
Wade Owl, Political Office Coordinator

Guests:

Christina Reynolds, Senior Advisor of Indigenous Relations - Hydro One
Don Hughes, Front Line Manager for Design Services – Hydro One
Sarah Szymchek, Hydro One Ryerson Whetung, Manager, Special Projects – Hydro One
Matthew Jackson, Director of Indigenous Relations – Hydro One
Jacob Handel, Director of Forest Carbon Organization – Finite Carbon
John Lees, Orbis Risk Consulting
Laura Sharpe, Nahwegahbow Corbiere Regrets:

Opening Prayer by Nelson Toulouse

Meeting called to order @ 9:12 AM.

Motion 2023/04 #12

Sagamok Chief & Council motion to accept the agenda as presented and amended. Moved by: Sheldon Toulouse

Seconded by: Arnelda Bennett
A/O: 0
Discussion: Added an in-camera session to the end of the agenda, and deferred the Language Camp Request CARRIED

Motion 2023/04 #13

Sagamok Chief & Council motion to accept the minutes of April 4th, 2023 as presented and amended.
Moved by: Lawrence Solomon
Seconded by: Sheldon Toulouse
A/O: 0 Discussion: Include the details of the proposed Elders Gathering, bringing together the 3 communities to discuss mining. CARRIED

LaCloche Claim Update by Laura Sharpe, Nahwegahbow Corbiere

The Fort LaCloche Claim has been ongoing. The claim was originally submitted to Canada in the 90s with the goal being to negotiate the return of the LaCloche Tract. Canada declined to negotiate the claim as originally filed, and in 2017, after the claim was researched deeper and resubmitted to Ontario. In 2020, Ontario stated that it would be willing to negotiate, and return the LaCloche land to SAFN, subject to specifics that are in the process of being determined.

Canada has not admitted their liability. Canada is partially at fault, and compensation is owed as a result from Sagamok’s inability to use land.

In 2021, Chief & Council instructed Nahwegahbow Corbiere to draft a submission to the Specific Claims Tribunal to obtain compensation from Canada for the La Cloche Tract lands. The Declaration of Claim was filed at the Specific Claims Tribunal on January 3, 2023. Canada’s response was that they had no fiduciary duty to include the La Cloche Tract lands as part of the reserve, and that they fulfilled their obligations regarding reserve creation under the Robinson Huron Treaty.

There are various events that are evidence of Canada’s failure to fulfill their fiduciary obligations, including during the Vidal Anderson Commission of 1849 to determine who were the land rights holders. During the treaty gathering, the written text of the Treaty was determined, which included a schedule where there was a written description of the reserve. Post-treaty, the reserves for the First Nations who signed the Robinson Huron Treaty were surveyed. While surveying, after consultations with the First Nations, almost every community’s reserve was changed from the description provided in the Treaty. Further, the survey time taken in Sagamok was 24 hours compared to other reserves’ survey times of 3 weeks. They also allegedly met with the then Chief, but Sagamok had 2 Chiefs at that time, and it was unclear whom they actually met. Taking into account the timeframe for both meeting and surveying, there was not enough time to adequately do both.

Canada is aware of negotiations with Ontario, and after receiving the Declaration of Claim asked for extension to respond to the Claim. They were given a deadline of March 24th, 2023 to respond. Sagamok’s supporting documents in the case were sent to Canada to review prior to the deadline for their response, with the intention that Canada would see how clear the case is. The hope is this that demonstrating the clear case would persuade them to join negotiations with Ontario and to avoid litigation. From community consultations conducted thus far, it is clear that Sagamok would like this land to be added to the reserve. In negotiations with Ontario, it is estimated that it would take approximately 7 years; and adding Canada to negotiations allows for a joint process of environmental assessments. By negotiating together with Canada and Ontario, it would be a far smoother process. As of March 24, 2023, Canada has responded with a no admission of liability or offer to negotiate, outlining that all their duties under the treaty were met.

There was a case conference last week, which outlined the need for an Elders Oral History Hearing as a top priority. A date in mid-September was tentatively set aside for the Elders Oral History Hearing, and Laura Sharp, legal counsel, has already spoken with Peter Owl, Gordon Nahmiwan, Grace Manitowabi, Raymond Stoneypoint and Margaret Toulouse but still needs to speak with more Elders to prepare for the Hearing.

A validity hearing is first to be held to determine Canada’s legal obligation, then it will move to a compensation hearing to determine the amount owed.

In terms of budget, the last budget was provided as of 2022, and there is work done to adjust the budget now that specifics are known. Originally, $122,000.00 was estimated for Elders’ oral history affidavits, and $322,000 was estimated for the Elders Oral History Hearing, but there may be a reduction in the cost for these things because it is possible less work will need to be completed by senior lawyers. Laura Sharp will work with Sagamok to provide an updated budget for the litigation in the near future.

Leroy Bennett, Michael Abitong, Nelson Toulouse, and Paul Eshkakogan are volunteering to assist in carrying out the necessary work ahead of the Elders Oral History Hearing and site visit to be held in Sagamok.

Motion 2023/04 #14

Sagamok Chief & Council motion to engage in the no-cost, no obligation feasibility assessment with Finite Carbon.
Moved by: Nelson Toulouse
Seconded by: Leroy Bennett
A/O: 0
Discussion: CARRIED

Motion 2023/04 #15

Sagamok Chief & Council motion to accept the recommendations of the Housing Working Group.
Moved by: Paul Eshkakogan
Seconded by: Rhonda Stoneypoint
A/O: 0
Discussion: CARRIED

Motion 2023/04 #16

Sagamok Chief & Council motion to enter in-camera.
Moved by: Arnelda Bennett
Seconded by: Sheldon Toulouse
A/O: 0
Discussion: CARRIED

Motion 2023/04 #17

Sagamok Chief & Council motion to move out of camera.
Moved by: Nelson Toulouse
Seconded by: Sheldon Toulouse
A/O: 0
Discussion: CARRIED

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