Where the water is shallow

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In the summer of 1990 the Pays Plat  Band took the position that we had never signed a treaty with Canada ceding our lands to them.  Oka had been happening for a short time and In solidarity with the mohawks and because we had claims and right of ways crossing the Bands territories and reservation we  blockaded the Canadian Pacific Railray  in protest to our demands. we took advantage of the situation , we also had a new NDP Government .

The NDP responded quite quickly to our  protests and in short time we had the LLLB and Ont Hydro processes going in all the reserves that had greivences against Ontario Hydro.

Since the Province had jurisdiction over the lands that we desired to make agreements on we should just deal with the province. The province also ran Ontario Hydro, and the CEO was Maurice Strong, 

The LLLB would provide the terms and conditions to our agreement on additional Reserve lands and resources,  and Ontario Hydro Agreements  would provide yearly revenues to the Bands
with future land transers to the Band would include those lands in the
Agreements.

 

These Agreement owe the Band Millions of Dollars but will not be a reality with this Chief and Council  that are scared to rock the boat or to credit the Ontario Hydro Agreement with making it possible.
 

 
 

 


    Ontario Hydro Agreement PDF

The Ontario Hydro Agreement was an historic and precedence setting negotiated process that put an actual dollar figure on how much land is worth on the Pays Plat Reserve in regards to right of way use of our lands.

the initial agreement was worth an estimated 2 to 3 million Dollars considering compensation of damages and payment of land use owed to the band.
 

DIAND OWES YOU

$20 or $30.000,000.00

for allowing trespass
across our reservation
Compensation
for Damages to the River and graveyard.

Ontario Hydro paid

$500,000.00

Rental Land Use
from 1991 to now
estimated yearly cost

Ontario Hydro Paid

$500,000.00

DIANDs cost from year of Right of way crossing the reserve until 1991, less interest.

 

The Agreement was to deal with seven things
  1. Hydro admitted to trespassing on the Pays Plat Reservation since the power lines went through
     
  2. Compensated the Band for damage done to the river banks $500.000.00
     
  3. Put a dollar value on what hydro would pay for the equivalent amount of land to a township or other entity at to days price which increased the one time payment of 1000 dollars to 24.000 per year starting at the signing of the agreement in 1991.
     
  4. Hydro Admitted that DIAND was negligent and did not act in the best interest of the Band when the lines went through the reserve.
     
  5. allowed for the agreement to extend to any additions to the reserve in the coming years should the LLLB produce results in the extension of the Pays Plat Reservation.
     
  6. Agreed that Indian Affairs was responsible for the retroactive payment up to the date the agreement was signed approximately forty years of charges
     
  7. there are also statements on maintenance and other grievances in
    the future should we have them like community energy use and
    fiber optics (internet) going through the reserve on their lines.

 


This agreement has since been changed and all of the good parts that would help us to use it as a precedence has been taken out.  It looks to me that Raymond changed the agreement with his council as much of the agreement is blacked out.

you need to find an original copy of the agreeement and find out why it was change, the changes have and will deprive the Band of millions of dollars owed by DIAND and the users of the other right of ways.

We must use the Hydro agreement to start charging the other rights of way users through the reserve, this process has put a dollar amount on the lands used and it needs to be applied to other right of ways.

Land and a Larger Land base was a big consideration in this agreement as the land given to the reserve was to be included in hydros payment for land use, the land now being considered by that process (LLLB) would have put about 11 additional miles to this agreement (Hydro agreement ) by turning that land to  reserve and would make it a $250.000.00 a year payment to the Pays Plat Band for the use of that land and now it looks as though the LLLB is giving a free ride to Ontario Hydro and the other right of ways, and Pays Plat will be out of millions of Dollars.

this Agreement LLLB  and the process changed to the (Additions to Reserve policy ) and has excluded that land from being turned into reserve by the DIAND, screwing you once again.

they have given Ontario Hydro a free passage once again through the addition to the Pays Plat Reservation by going around the right of way and keeping the  land as crown land.

this is the Major reason you need to say NO to the Land and a Larger Land Base, otherwise the LLLB is worthless Land that is already part of the bands traditional territories and we use it anyways.

The Hydro Agreement has been renegotiated by Raymond and his council when he was chief, and has removed many of the major and distinct sections of the agreement.  I do not have the original but all of the important sections seem to have been removed and our chance of implementing this with the present chief and council is not good,

This agreement should have been used as a precedent for the other right of ways that cross the reserve,

The Band is owed millions of dollars but you need a chief that has the balls to go after these right of ways and if you can do that a nice pay out would be available to the members of the band.
 
 

Land & Larger Land base
No Agreement
 https://www.ontario.ca/aboriginal/current-land-claims

Disuss this issue on Facebook

SAY NO TO THIS SO/ CALLED AGREEMENT

This agreement came about because of our
blockade along with Mobert and Long lac

after 20 years it proposes nothing to us
only rocks and swamp.

No Ec. Dev.,
No Water rights,
No good land

No additions for right of ways to go through
it is a scam to rid the DIAND of their responsibility
to deal in our best interest.

Dont let them get away with it
 The DIAND owes US


Introduction

 In the summer of 1990, Oka was taking place and our Band along with Mobert and Long Lac demonstrated our dissatisfaction with the Government in dealing with our lands and resources and so we blocked the CPR tracks that cross our reserve without our permission.

August 31, 1991 - Trial - CP Rail sues Pays Plat Ojibwa Band for $37 million for blockading rail lines August 21, 1990-August 23, 1990 , Aime Bouchard is the named accused for that suit.

In August 1991, Canada, Ontario, and six First Nations, including Pays Plat First Nation, signed the Land and Larger Land Base Negotiations Framework Agreement. The Framework agreement was drafted to resolve major issues of concern regarding our
reserve sizes, lands and resources, economic development, water rights,
 

 
Land and a larger land base

 A lands

Our Original position to the government was that we should have a reserve that would encompass three townships ( approx. 90 sq. miles) this is approximately the size of Reserve given in treaty 9  ReJECTED

Our second proposal was for a reserve the size of two town ships or approximately
( 60 sq. miles ) ReJECTED


The Bands last proposal was for the township west of us which covered about ( 30  sq. miles) which was shortly before the DIAND  intrevened in the pays plat bands custom and moved the process into the additions to reserve policy of the Department of Indian and Northern Affairs. ReJECTED


 B lands
We proposed to gain control over our trap line areas so that any timber operations or mining would have to negotiate with the band. this area consisted of approximately 1000 sq. miles. here we would also manage the wilderness.

 C Lands

We proposed to be involved in a process with the provincial government to manage the bands traditional territories. (approx. 2400 sq. miles)

DIAnD does not want to discuss this


 
 
Economic development

We had asked that the Governments buy out Wiebens Resort , Gravel River back when it was worth something with the fly in posts, and that we look at the possibility of forestry, surveying and mining, gravel pits and any thing that was ecologically feasible. 

Discussed other options such as water/wind generated power stations, fish farming, these issues have all been deleted from the discussions since the negotiations were transferred to the Additions To Reserve Policy.
 
Land Use and management

The land use and management took into consideration our aboriginal rights to hunt and fish and gather. We wanted to control the hunting and fishing in our A and B Lands taking into account our needs first for subsistence, we believed that if our rights to hunt and fish are to be guaranteed by the treaty the only way that you could make sure of that was for the band to manage the hunting,  fishing foraging and trapping in the area

Not an official map but the general sizes proposed to the Govt. click map for bigger view

 It was our goal that the cottagers and campers would fall under our rules and regulations and that all fees would be payable to the Pays Plat Band.

This map is not the Original proposal to the Government which included A< B> C lands but is my best recollection of the boundaries.


 
Water rights

the water rights of aboriginal people are very important and are our life,not only for our keeping the natural state of the wilderness and for fishing but for control over development of the water ways and how they can be used for generating power or other revenues or preserving it.

Pays Plat Band, Canada, and Ontario signed an Agreement-in-Principle (AIP) in August 2009 to add land to Pays Plat Reserve 51. Drafting of the Final Agreement is underway. Drafted under the Additions to Reserve policy.

this proposal actually was a result of many of the demonstrations that took place in the early 1990's. and was suppose to resolve issues relating to our lands and resources.


the moving of this agreement to the Additions to Reserves Policy with the DIAND basically voided all of the original terms of Agreement of the LLLB so that the DIAND did not have to discuss economic development or land use as did the province and Band.

During this time the Band also got into negotiations with Ontario Hydro which has since set a precedence on how the Band should deal with rights of ways across the Pays Plat Reservation and the amount that is required for the user to pay.

this precedent excluded DIAND and the band negotiated with the Right of way user ( Ontario Hydro) to add any land gained in the LLLB process, directly, now with the LLLB exclusion of the right of way they will have taken those payments away. so even with the crappy deal the DIAND again has given ONtario Hydro a free pass.

we must utilize it on the other rights of way and come to agreement with them on the cost it is to them for crossing the reserve.

this agreement will void our negotiations with Ontario hydro to include this land in the hydro agreement  which pays an annual fee to cross the Reserve