Members of Atikameksheng Strong are continuing their blockade at the entrance to Atikameksheng Anishnawbek on Reserve Road near Naughton, demanding their chief and council allow them a vote on the use of the funds from the Robinson Huron Treaty annuities case.
Holding the line since Nov. 19, protesters, all members of Atikameksheng Anishinabek, said they were told they would have a chance to vote on how much of the money comes to each individual member and how much stays with the band.
Then, said protesters, that vote never came. Even discussion on the matter has been refused, they said.
Though they requested that their elected representative, Gimaa (chief) Craig Nootchtai, meet with them to discuss their concerns, they were told he would not speak with them until Feb. 22 — that will be 95 days since the blockade began.
Despite repeated requests by phone, text, and email, Nootchtai, through band public relations officer Shawn McLaren, has also repeatedly refused to speak with Sudbury.com about the issue.
Though the money was distributed, Nootchtai and his council voted to disburse only 46 per cent of the available funds, leaving the rest for future use by the band. Similar provisions are in place across several signatory nations, including Batchwana and Nipissing First Nation, with the hope of using the large influx of funds to build infrastructure and preserve Anishinabek language and culture.
Protesters said they have no problem with the idea of some funds going to the band, but they’re concerned their voices weren’t heard.
They’re also concerned their voices won’t be heard in the future, with both boundary claims and further annuity negotiations on the way.
That’s why they’ve recently filed a recall law, an attempt to arm their community with the means to remove the elected chief and council.
Robinson Huron Treaty annuities case
The treaty annuities case has been ongoing since 2010, meant to attach a dollar value to a clause in the original Robinson Huron Treaty of 1850, one that saw those who lived on the land share a portion of the resources money.
After the historic announcement of a $10-billion settlement reached in June 2023, leaders of the 21 signatory First Nations, which includes Atikameksheng Anishnawbek, have attempted to host education sessions to show members not only the path that led to the settlement but also what they feel was the original intent of the treaty: collective benefit.
But others, including members from five other nations Sudbury.com has spoken with in the past said they don’t trust their leadership and wish to vote on how much of the money they are entitled to individually and how much will be administered by the band.
On the first day of the blockade, Nov. 19, the protesters invited members of the media to speak with Atikameksheng elder and former chief, Gail Shawbonquit. She told Sudbury.com at the time that protesters were “led to believe that we need to have a vote, that we'd be able to vote ‘yes’ or ‘no’ on what it is we wanted in relation to the settlement agreement…. But then things changed all of a sudden because we were not consulted. We were not advised that this was going to happen.”
Patrick McCoy, a political consultant and a member of Atikameksheng Anishinabek who lives off-reserve (and ran for Ward 8 in Greater Sudbury’s 2022 municipal election) spoke with Sudbury.com on Dec. 23 as a representative of Atikameksheng Strong. He echoed Shawbonquit’s statements.
“The one thing that we were always told was we would have a right to vote on on this historic settlement, and then we find, out nowhere, you actually don't have a vote, and council has made this decision based on the advisors that we chatted with, that you're going to get a one-time payment,” said McCoy.
Changing the laws
McCoy said he has always paid attention to the goings-on of his home community, especially as he lives in Sudbury. He said he came on board Atikameksheng Strong at the behest of Suzanne Shawbonquit, who was present at the first media availability at the blockade.
McCoy said he assisted Shawbonquit in her campaign for the provincial NDP in 2015, and for her run for chief of Atikameksheng this year. With record voter turnout, Shawbonquit came in just 13 votes behind Gimaa Craig Nootchtai, who was re-elected for his second term; his first began in July 2020 and he’s the first Gimaa to serve a 4-year term under Atikameksheng’s new custom election code.
It is under this election code (Gimaakeng Naaknigwin) that McCoy and the Atikameksheng Strong group submitted their newly created recall law, one that McCoy said will bring transparency to future treaty and land claim disbursements, including Atikameksheng Anishnawbek's current boundary claim and the Robinson Huron go-forward negotiations. The $10-billion settlement currently being disbursed represents past compensation; the future of the now $4 annuity will be negotiated soon.
The law seeks to amend the Gchi-Naaknigewin, the traditional governance system of all Anishinabek Nations, in a way that is, at base level, a non-confidence vote. This recall law would provide the members with a process for removing the chief and council when they no longer govern in a manner that is responsible, transparent, democratic, and accountable, states the 10-page recall law document.
“We took a rather simplistic approach and we found what legislation already exists in the Canadian society, and we modelled it off of that,” said McCoy.
The document was presented to and received by the chief and council on Dec. 17.
“There are provisions in the constitution of Atikameksheng that give us the right to do this,” said McCoy. “We have tabled the law officially at the duly convened meeting, now it's up to the council to bring the law to community consultation through a ratification process and ultimately a vote of the people.”
The community will decide whether or not that becomes the law of the land, said McCoy, noting he is hopeful about the result.
Atikameksheng Strong has also begun a petition that will be presented at the next council meeting, Jan. 22, in order to expedite the process of community consultation to remove the chief and council. It is at 200 signatures, with a goal of 500.
Sudbury.com requested an interview with Craig Nootchtai, chief of Atikameksheng Anishnawbek, after the Atikameksheng Strong press conference on Nov. 19 and several times after. We have not received a response from him.
Atikameksheng Anishnawbek’s public relations officer, Shawn McLaren, told Sudbury.com Nootchtai is focused on communicating with his community.
The chief has also now committed a date to speaking with the protestors, said McCoy: Feb. 22.
“Finally, they provided a date, which keeps us here for another 65 days,” said McCoy.
But he added not only have more people joined their protest since the letter announcing that date was released, but even more have sent donations to the blockade.
“I guess the resolve of the people just grew,” said McCoy. “Yesterday, we had a gathering of 50 people, it's growing significantly. The group itself is growing significantly, and we're staying here for 65 more days.”
Jenny Lamothe is a reporter with Sudbury.com.
