Present:

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

Staff:

Andrea Hajt-Jacobs, Director of Council Secretariat
Darla Boston, Administrative Assistant – Political Office
Roger Jones, Council Secretariat
Wade Owl, Political Office Coordinator

Guests:

Alain Bartleman, Nahwegahbow Corbiere
Laura Sharpe, Nahwegahbow Corbiere (virtual)
Tracy Zanini, Sociality Consulting

Regrets:

Michael Abitong
Nicole Eshkakogan

Opening Prayer by Nelson Toulouse. Meeting called to order @ 9:41 AM.

Motion 2024/03 #01
Sagamok Chief & Council motion to accept the agenda as presented.
Moved by: Arnelda Bennett
Seconded by: Leroy Bennett
A/O: 0
Discussion:
CARRIED

Opening Remarks – Gimaa Angus Toulouse

There was a RHT Community Consultation session on Sunday, February 25ᵗʰ and there was a great deal of discussion regarding both the information presented and potential per capita disbursement structures. Regarding the settlement agreement itself, the final settlement agreement is now complete, and the money has begun to move within the 60 day period as outlined. There is still much work to be done surrounding the settlement disbursement, how it should be structured, and the community’s expectation for polling on their preference. A timeslot for that will need to be selected soon. Dates for that will be discussed at tomorrow and Friday’s meetings.

Claims & Negotiations Update – Paul Eshkakogan

There has been significant progress on the Fort LaCloche land claim; and there are further claims to be evaluated. These claims have impact on the Land Claims Workplan that will be shown at tomorrow’s meeting. The direction taken towards claims will influence and inform how the Claims and Negotiations Unit approach collaborating with Lands, Resources, & Environment Unit, our Legal Counsel, and contracted external researchers.

LaCloche Claim Update – Laura Sharpe, Nahwegahbow Corbiere

The basis of the claim was the failure to include the Fort LaCloche area in the RHT 1850 agreement, and the allegation that the government breached its duty by not ensuring the area’s inclusion. Sagamok as we know it, was a successor to two separate bands that were present during the initial treaty signing. The government failed in three ways: in the pre-treaty period, during the treaty signing, and during the post-treaty land demarcation process.

Leroy Bennett and Anna Marie Abitong are not in favor of a fee simple transfer as it undermines the strength of the treaty and our land sovereignty. Currently, according to Laura Sharpe, there is no current way for Sagamok to gain legal title to the land without going through the Additions to Reserve process; however, Ontario is likely to be very accommodating during the interim process given they recognize the land belongs to Sagamok.

The ATR Process is likely to take another 5-10 years, despite the advisements and assistance of various First Nations, and the negotiations team is working as fast as they can.

There is also a spiritual component to the lands in question as they were used by our people in the past for ceremony.

The objective of having the lands returned to us is nearly complete; we have at least one level of government willing to return the land to us. However, the issue of which process to choose to have it returned is one of the final roadblocks to ending the process. While neither are entirely free from issue, there will still need to be a decision made while still being respectful of the view of our right to land as Indigenous people. Time is a factor to completing this agreement, and the sooner the better.

In terms of land development, the northeastern side of LaCloche Lake is the only real spot to develop for residential areas. We need to take stock of useable land for developments, and this could infer which land transfer process to undertake.

Sagamok is unique because we are not under a land regime; we don’t receive funding from ISC for lands, and don’t fit any criteria for land regime categories, nor are we fully self-governing. However, this does not affect either process, ATR or fee simple.

Nelson would like to see this BCR moved forward before the next Claims & Negotiation team meeting, and Gimaa is prepared to push ahead to support a BCR as soon as a draft is made available by legal counsel at Council’s recommendation to proceed with the ATR process.

Motion 2024/03 #02
Sagamok Chief & Council motion to request legal counsel prepare a BCR to proceed with the ATR process as discussed.
Moved by: Nelson Toulouse
Seconded by: Leroy Bennett
A/O: 0
Discussion:
CARRIED

Benny Land Claim

There is an individual who has acquired land in Benny with an intention to develop the land, and Sagamok has an interest in Benny; we have to take steps to protect our interest there, and are there any legal options or claims to make to ensure that any development requires our input? Any plans for residential development should require consultation and consent from Sagamok; we also need to respond to Benny members with our plans, and that is the current stalling point. Council should prepare a response, and then share that with those members. There are also non-Indigenous members with recreational camps that share the space with Sagamok members. LRE visited Benny to map the boundaries and came across an old cemetery.

When first approached for claim assessment, Nahwegahbow Corbiere believes that a claim based on aboriginal title would be difficult, and similar to Fort LaCloche, a treaty entitlement claim would be a better approach. The recommendation is to wait for the report to be presented by Jim Morrison and to put forward a statement of asserted rights. This can be used for IBAs, interest in mining claims, and further, is a plain language document that can be given to anyone with an interest in development to consult Sagamok before anything proceeds.

Timber Claim

The claim was issued in 1870; was identified as an easier claim for timber due to precedent. However, all litigation takes time and money, and this may not be a priority as it does not require elder evidence; resources may be better spent on claims that require elder evidence.

The claim is in process on the research side, and not yet ready to proceed on the legal front.

Lunch Break 12:12 PM to 1:03 PM

Council Meeting Scheduling Update

As the New Community Hall will be in use for Thursday, March 7ᵗʰ, and Friday, March 8ᵗʰ, the meeting to review workplans and budgets will be moved to the Multi-Education Centre for the

Thursday session. As no suitable venue can be found for the Friday session, it has been rescheduled to Saturday, March 23ʳᵈ, 2024.

In Camera Session

Motion 2024/03 #03
‍Sagamok Chief & Council motion to enter an in-camera session.
Moved by: Leroy Bennett
Seconded by: Michael Abitong
A/O: 0
Discussion:
CARRIED

Motion 2024/03 #04
Sagamok Chief & Council motion to direct legal counsel Nahwegahbow, Corbiere to prepare two legal opinions addressing first, the possibility of launching a claim in tort against Domtar, and second, to seek a judicial declaration alleging a breach of fiduciary duty against the Crown; and to draft a statement of asserted rights.
Moved by: Leroy Bennett
Seconded by: Nelson Toulouse
A/O: 0
Discussion:
CARRIED

Motion 2024/03 #05
Sagamok Chief & Council motion to move out-of-camera.
Moved by: Arnelda Bennett
Seconded by: Paul Eshkakogan
A/O: 0
Discussion:
CARRIED

Closing Prayer by Nelson Toulouse

Meeting adjourned at 4:07 PM.

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