ALGONQUIN NATION STANDARDIZED IDENTIFICATION CRITERIA
APRIL 2002
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
Pikwàkanagàn (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 Pikwàkanagàn 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.
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DECLARATION OF REPRESENTATION
This form is for the sole use of Enrolled, Entitled or Status Algonquins.
I, ____________________________________ do hereby declare that I am of Algonquin\Nippissing
descent. My children under the age of 18 are as followsName ___________________________________
Birthdate __________
Name ___________________________________
Birthdate __________
Name ___________________________________
Birthdate __________
Name ___________________________________
Birthdate __________
Please indicate the name of your Spouse _________________________________
For the purposes of being represented politically in the Algonquin land claim process, let it be
known that we named here are represented by[Please check one box only]
□ Antoine
□ Ardoch
□ Bonnechere
□ Greater Golden Lake
□ Mattawa
□ Sharbot Lake
NAME ____________________________________________________________________
ADDRESS _________________________________________________________________
__________________________________________________________________
PHONE # ________________________FAX __________________E-MAIL________________
SIGNATURE ______________________________________
DATE __________________
This form supersedes any representation form that may have been previously signed.
ALGONQUIN NATION TRIBAL COUNCIL
Algonquin Nation Hunting Code of Conduct
As an Algonquin person, I hereby agree to abide by this Algonquin "Code of Conduct"
in exercising my Algonquin Aboriginal right to hunt in the Algonquin Territory.
Name - _____________________
Authorized - ____________________
Signature - ___________________
Date___________
Code of Conduct•
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All hunters shall wear hunter orange, a minimum of 40 inches above the waist, visible from all
sides. Hunter orange headgear is also required.
This does not apply to bow hunters.
All hunters shall carry their Algonquin Identification Card while hunting.
No Algonquin shall refuse to stop their vehicle, either by means of hand signals or lights, when
signalled to do so by an authorized officer.
No Algonquin shall have a loaded firearm in a motor vehicle, or shoot from a vehicle or
powerboat (unless issued permit for a disabled hunter).
All Terrain Vehicles (ATV’s) are to be used within Algonquin Park for retrieval only.
Dogs are prohibited for hunting purposes within Algonquin Park.
No Algonquin shall hunt under the influence of Alcohol or drugs.
No Algonquin, while hunting shall possess a loaded firearm on a paved road or on the shoulder
of a paved road.
No Algonquin shall allow the flesh of wild game that has been taken for food to be destroyed of
spoiled.
All Algonquins shall adhere to the moose tag system instituted by the Algonquin Nation.
o To be a valid harvest, all moose must have an ANTC tag attached before transporting.
o Failure to attach the appropriate tag on the moose shall result in forfeiture of the
harvested animal.
No Algonquin shall wilfully mutilate, deface, destroy or tamper with any sign or poster erected,
maintain or posted, for the purpose of giving notice to the public of private property or of
restricted hunting or fishing.
No Algonquin shall shoot at a moose or deer while it is swimming.
Do not litter or leave garbage behind.
Algonquin Nation Standardized
Identification Criteria
Application Form
Mr._____ Mrs._____ Ms._____ Miss. _____
1.
Full Name: ________________________________________________________________
Last
First
Middle Initial
2.
Maiden Name (if applicable): ______________________________________
3.
Date of Birth: ______________________
Day / Month / Year
4.
Mailing Address: __________________________________________________
Postal Code
__________________________________________________
__________________________________________________
6.
Telephone # Home: (
) _________________ Work: (
) __________________
Fax #:_______________________________ E-mail: _______________________________
7.
Are you: a) Non-Registered/Non-Status
OR
b) Registered/Status Band Member
4. Place of Birth: ____________________
If you are a Status Indian, please include a photocopy of both sides of your status card.
8.
Marital Status:
Married
Single
Common Law
Widowed
Divorced
Separated
9.
Spouse’s Full Name (if applicable): ___________________________________________
10. Spouse’s Maiden Name (if applicable): ______________________________________
11. Spouse’s DOB: ____________________ 12. Place of Birth: ______________________
Day / Month / Year
13. Date of Marriage: __________________ Place of Marriage: __________________
Day /Month/ Year
OVER
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14. Name of Dependants (children)
Date of Birth
Place of Birth
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________________
Note: In order to be identified, children should apply individually.
15. Name of applicant’s parents:
Date of Birth
Place of Birth
Mother (maiden name):___________________________________________________________
Father: ________________________________________________________________________
16. Name of Grandparents:
Date of Birth
Place of Birth
Maternal Grandmother: ________________________________________________________
(Maiden name)
Maternal Grandfather: __________________________________________________________
Paternal Grandmother: _________________________________________________________
(Maiden name)
Paternal Grandfather: __________________________________________________________
17. Name of Great Grandparents
Date of Birth
Place of Birth
Maternal G.G-M.: ______________________________________________________________
(Maiden name)
Maternal G.G-F.: _______________________________________________________________
Paternal G.G-M.: _______________________________________________________________
(Maiden name)
Paternal G.G-F.: ________________________________________________________________
18. Name(s) of the person(s) from whom you are a direct descendant from
Schedule “A” of the Algonquin Nation Standardized Identification Criteria if known.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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19. What supporting documents do you have attached that names the parents?
Extended Birth Certificate
Baptismal Certificate
Marriage Record
Death Certificate
Statutory Declaration
Affidavits
Census Records
Military Records
Adoption Record
Divorce Decree
Separation Papers
Other Documents
20. Are you_____ or your spouse _____ a beneficiary of any Canadian Land Claim
Settlement or Treaty?
Yes
No
21. If you have answered yes to question 20, which Canadian Land Claim Settlement or
Treaty? _______________________________________________
22. Are you _____ or your spouse _____ a member of another First Nation other than the
Algonquins of Pikwàkanagàn or Nipissing Sudbury General List?
Yes
No
23. If you have answered yes to question 22, which First Nation?
_________________________________________________________________
24. By which area do you wish to be represented by?
Sharbot Mishigama Anishinabe Algonquins
Antoine First Nation
Mattawa/North Bay Algonquins
Algonquins of Greater Golden Lake FN
Ardoch Algonquin First Nation
Bonnechere Algonquin First Nation
Other
_____
_____
_____
_____
_____
_____
_____
25. Comments or additional information:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
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OVER
26. I hereby authorize the Algonquin Nation Identification Registrar to contact persons
and/or organizations named in this form and its attachments, or any other as they
require to verify information for the purpose of evaluating my application for
identification to the Algonquin Nation Land Claim process, and thereby declare that
the information is accurate and true to the best of my knowledge. I also understand
that by submitting this application, I am applying for identification under the
Algonquin Nation Standardized Identification Criteria for consultation purposes only
under the Algonquin Nation Land Claim Process.
_____________________________________________________________________________
Date
Applicant’s or Trustee’s Signature
Witness
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2.9
“Clerk” means the clerk of the Identification Board.
2.10
“Algonquins of Pikwàkanagàn (Golden Lake)” for the purpose of this criteria, this
means all persons, whether resident on the Pikwàkanagàn (Golden Lake) Indian
Reserve or not, who are registered or entitled to be registered as members of
the Algonquins of Pikwàkanagàn:
a)
b)
c)
Pursuant to the Indian Act of Canada;
Pursuant to any valid membership code of Pikwàkanagàn, or;
Who would be eligible to be registered as a member of the Pikwàkanagàn
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 Pikwàkanagàn 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).
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And,
c)
Is not a registered member, pursuant to the Indian Act of Canada, of a First
Nation other than the Algonquins of Pikwàkanagàn First Nation.
And,
d)
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Is not a beneficiary of any other land claim settlement agreement.
ADOPTION
For the purposes of this Criteria, the rights and descendancy of a person who
was given up for adoption will not be affected.
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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
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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 oral 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.
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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)
b)
c)
The applicant or
The applicant’s trustee/guardian or
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.
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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
The 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.
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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”.
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