Body: Council Type: Document Meeting: Regular Date: 2020 Collection: Agenda Attachments Municipality: Frontenac County
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Algonquins of Ontario
June 24, 2020
Joe Gallivan Director of Planning & Economic Development County of Frontenac 2069 Battersea Road Glenburnie, ON K0H 1S0
BY EMAIL ONLY
Dear Mr. Gallivan: Subject:
Proposed Township of Central Frontenac Official Plan Second Draft Version 2 (July 19, 2019) (Our File CP 78-18)
Further to your submission dated July 19, 2019 and follow-up correspondence the Algonquins of Ontario (AOO) have now reviewed the Draft Official Plan for the Township of Central Frontenac. As you are aware, the Planning Area is totally within unceded AOO Settlement Area. There are a number of Algonquin Settlement Lands identified within the Township of Central Frontenac and the AOO share many of the goals and objectives of the Draft Official Plan; which is the subject of this review. AOO Comments to Draft Official Plan Section 1
Introduction – no comment
Section 2
Basis of the Official Plan
The AOO appreciate the acknowledgement that the Township of Central Frontenac is in the traditional territory of the Algonquin First Nation. Section 2.3
Objectives of the Plan
(11)
The Algonquins of Ontario support the Township’s intent to develop a partnership approach with First Nations and Indigenous Communities including the use and disposition of Crown land within the Township.
(12)
The Algonquins of Ontario Support the Township’s intent to preserve and provide for the wise stewardship of plants, animals and ecological systems while recognizing the rights of First Nation Communities, property owners and the Crown.
31 Riverside Drive, Suite 101, Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 Website: www.tanakiwin.com E-Mail: algonquins@tanakiwin.com
2 Section 3
General Development Policies
Section 3.5.2 Policy Request #1
Request #2
(1)
Please add First Nation to the listing of significant cultural heritage Landscape.
(2)
Please delete “where appropriate” after “First Nations will also be engaged”.
Consideration of the following addition to 3.5.2 (2) (iv) would be appropriate:
The Algonquin Traditional Territory is composed of a diversity of indigenous cultural landscapes. An Indigenous cultural landscape is a living landscape that indigenous people value because of their enduring relationship with that place and its continuing importance to their cultural identity. Traditional Environmental Knowledge (TEK), an intimate knowledge of an area’s landforms, plants and animals, is reflected in an indigenous cultural landscape. Many archaeological sites within the Algonquin Traditional Territory are small and contain a minimal amount of archaeological material, and these materials may be of great significance to the Algonquins of Ontario (AOO). For thousands of years the Algonquin Traditional Territory was characterized by glacial lakes and/or inland seas, resulting in high water levels that have left a sequence of paleo-shorelines and associated archaeological sites often far inland from modern shorelines that are the familiar focus of many archaeologists. The archaeological “visibility” of sites on relic shorelines and fossil islands in the Algonquin Traditional Territory is further affected by the expedient use of local stone for tools, a technology which may unfamiliar and “invisible” to archaeologists. The AOO regards all cultural heritage sites – from sacred burials to everyday stone tool workshop sites – to be of importance and worthy of investigation and protection. Effective and successful engagement with the AOO begins with early notification. Specific to archaeology this includes the notification of the intention to complete a Stage 1 through Stage 4, the review of these draft reports, as well as the participation of Algonquin Archaeological Liaisons during Stages 2 through Stage 4, and possibly Stage 1 if a site visit is planned. The AOO are in the process of developing an AOO Enhanced Archaeology Standards and Guidelines that will enable the producers of archaeological and cultural heritage reports to understand how to satisfy AOO requirements from the start and to prevent backtracking and study/reporting revisions. We look forward to an opportunity to speak further with the Township of Central Frontenac in the coming months about this important initiative. Request #3
Since the potential always exists to miss important information in archaeological surveys, AOO request to be notified if any artifacts of indigenous interest or human remains are encountered during development, please contact: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, ON K8A 8R6 Tel: 613-735-3759
3 Fax: 613-735-6307 E-mail: algonquins@tanakiwin.com The Algonquins of Ontario would appreciate specific references and encouragement for proponents to contact the Algonquins of Ontario where their projects are within the unceded AOO Settlement Area. Section 3.5.3 Algonquin Aboriginal Interests The Algonquins of Ontario are prepared to engage with the Township on matters that affect Aboriginal history and culture as well as land use planning matters cited in Section 3.5.3. Section 3.18 Coordination of Services The Algonquins of Ontario support Township Council’s intention to coordinate economic development planning and programming with First Nation Communities and will participate fully in the development of protocols for consultation in these matters. Section 3.23 Forest Management The Algonquins of Ontario recognize the importance of the forest resource in the Municipality and share the intent to support forest stewardship techniques. Section 4
Community Development Land Use
Section 4.1.1 Settlement Area General The Algonquins of Ontario support the concept of Settlement Areas and the policies outlined in the Draft Official Plan for Arden, Mountain Grove, Sharbot Lake, Crow Lake, Parham, Tichborne and Picadilly. Section 4.1.4 Special Policy Area – Sharbot Lake The Algonquins of Ontario concur that Sharbot Lake has the potential to become a major attraction for tourists and that a strong sense of place is required at the entrance to the village, on the waterfront and at the Highway 7/38 intersection. The Algonquins of Ontario also share Council’s concern with the negative implications of potential future reconstruction of Highway 7 as a 400 series highway and, like Council, would prefer and support a “parkway concept”. The Algonquins of Ontario are already engaged with Via Rail on the potential development of a high frequency rail line from Toronto to Quebec City through Algonquin Traditional Territory. Section 4.8.1 Waterfront Area Introduction The Algonquins of Ontario agree that any new development must be considered in light of its impact on the environmental quality of any lake or river. Water in all its forms is considered by the Algonquins to be the lifeblood of Mother Earth.
4 Section 4.8.5 Objectives The Algonquins of Ontario specifically and particularly support Subsection (I) to maintain a high level of biodiversity; (K) to protect and enhance water quality, (P) to protect and preserve cultural heritage and archaeology resources. Section 4.8.7 Lake System Health (C)
The Algonquins of Ontario support a cautious approach to development in order to protect waterbodies.
Section 4.8.8 Lake Trout Lakes The Algonquins of Ontario support the provisions of Section 4.8.8 with regard to protecting “at capacity” Lake Trout Lakes; being Sharbot Lake (west basin), Hungry Lake, Silver Lake, Crow Lake and Eagle Lake. Section 4.8.9 Waterfront Special Policy Area 2 White Lake and Provincial Fish Culture Station The Algonquins of Ontario and particularly the Shabot Obaadjiwan First Nation have a deep and on-going interest and close relationship with the White Lake Provincial Park and Fish Culture Station. Two Shabot Obaadjiwan Settlement Land Selections are located on the south shore of White Lake REC 66A
Shabot Obaadjiwan Cultural Center 238.0 Acres Lot 15 and 16, Concession 8, Olden Township
REC 66B
Area of Algonquin Interest 602.7 acres Lot 16 and 17, Concession 7, Olden Township
The Algonquin Nation Land Selections under the Algonquin Land Claim also include: REC 231
White Lake Island
The Algonquins of Ontario and the Shabot Obaadjiwan First Nation will work closely with the Ministry of Natural Resources and the Township of Central Frontenac to continue to protect the integrity of the White Lake Fish Sanctuary and Fish Culture Station. The Algonquins of Ontario and the Shabot Obaadjiwan First Nation would be pleased to engage with Council, MNRF and the public in the creation of a lake plan for White Lake as contemplated in Section 4.8.9. Section 4.10.1
Natural Features Policies
The Algonquins of Ontario specifically support the provisions of the Township of Central Frontenac Draft Official Plan with regard to protection of (B.) Wetlands and Wildlife Habitat, (C.) Fish Habitat and (D.) Endangered and Threatened Species.
5 The Algonquins of Ontario also support (H.) The Algonquin Park to Adirondacks Park Corridor. Note: An Algonquin initiative led by Shabot Obaadjiwan and Snimikobi under the Algonquin Land Claim process is expected to result in creation of a new Provincial Park surrounding Crotch Lake to be known as Whiteduck Provincial Park. This proposal should be monitored by the Township as it may extend along its southern boundary into the Township of Central Frontenac. Section 4.11 Crown Land The Algonquins of Ontario are prepared to engage with the Township of Central Frontenac and the Province in developing Official Plan designations and Zoning By-laws for all proposed Crown land transfers within the Township. Please be aware that, subject to reaching substantial agreement through the Algonquin Land Claim negotiations on the Settlement Lands package, there may be certain selections proposed for residential, institutional or tourist commercial development. In this regard, the Algonquins of Ontario request deletion of the following clause in Section 4.11: Request #4
“Generally the release of Crown land for non-resources related development is not encouraged except where there are no alternative private lands available for such development or where the lands are required to achieve the economic policies of this Plan.”
The Algonquins will engage directly with the Township on a go forward basis with regard to the use of Crown lands having regard to the Planning Act RSO and Provincial Policy Guidelines 2019 and the proposed Township of Central Frontenac Official Plan. Section 5
Transportation
Section 5.7.3 Primary Trails and Section 5.7.4 Spine Network The Algonquins of Ontario support the development of a recreation trail system throughout the Township of Central Frontenac. Section 6
The Tools of Implementation
Section 6.9.7 Holding Zone The Algonquins of Ontario support the use of holding zones. Our review of the Township of Central Frontenac Draft Official Plan indicates that subject to addressing the four (4) requests as noted herein, Algonquin environmental, cultural and economic interests will not be adversely impacted by the approval of the Township of Central Frontenac Draft Official Plan dated July 19, 2019. We would, however, appreciate circulation of the final Draft Official Plan which we trust will address AOO requests contained herein.
6 Notwithstanding the above, land within the Algonquin Land Claim Area has never been surrendered by the Algonquins of Ontario and the Algonquins have never been compensated for any alienation of it. The consent of the AOO to this Official Plan is accordingly without prejudice to all Algonquin aboriginal rights and title and to the right of the AOO to seek accommodation or financial compensation in the context of an Algonquin Treaty for any infringement of Algonquin Aboriginal rights and title that may have resulted or may in the future result from this matter. Finally, please note that the AOO, like many other Indigenous communities, have shifted capacity and resources to ensure the safety and well-being of its staff and community members due to COVID-19. AOO’s physical offices are currently closed and although we are adapting to online and web-based technological tools to maintain business continuity, there may be delays in processing and response times. We respectfully request flexibility and patience where required given these exceptional circumstances. If you have any questions or wish to discuss these matters further, please do not hesitate to contact the AOO by email at algonquins@tanakiwin.com. Sincerely,
Janet Stavinga Executive Director c.c.
Algonquin Negotiation Representatives – AOO Chief Doreen Davis, Shabot Obaadjiwan First Nation Chief Randy Malcolm, Snimikobi First Nation Robert Potts, Principal Negotiator and Senior Legal Counsel – AOO J. E. Hunton, MCIP, RPP, Senior Vice President, Jp2g Consultants Inc. – AOO Technical Advisor
