Temagami Land Caution

The Temagami Land Caution was a territorial dispute in the Temagami area of Northeastern Ontario, Canada. The land claim was filed with land title offices in August 1973 by Gary Potts, then Chief of the Teme-Augama Anishnabai an Aboriginal community.[1] The caution was intended as a way of maintaining 10,000 km2 (3,900 sq mi) of land that they claimed as "n'Daki Menan", meaning "Our Land". Existing throughout much of the 1970s and 1980s, it effectively prevented all types of development on Crown land, such as mining. Crown land sales were also prohibited due to the Temagami Land Caution.[2] In 1988, Vince Kerrio approved the expansion of Red Squirrel Road directly through the Temagami Land Caution. This prompted a series of roadblocks by the Teme-Augama Anishnabai and by environmentalists in 1988-1989.[3] In 1991, the Supreme Court of Canada ruled that the Teme-Augama Anishnabai gave up rights to the land via the 1850 Robinson Treaty despite the Tema-Augama Anishnabai claiming that they never signed or consented to the treaty.[4][5] The Temagami Land Caution was lifted in 1995 as a result of a court order by the Supreme Court of Canada.[2]

References

  1. "Indians Claim North Bay Land". Winnipeg Free Press. The Canadian Press. 1974-02-11. Retrieved 2019-07-27.
  2. "About the Temagami Land Caution". History of the Claim. Ministry of Aboriginal Affairs. 2011-06-28. Archived from the original on 2012-04-04. Retrieved 2012-05-24.
  3. "TAA - Negotiations Office". Temagami First Nation. Archived from the original on 2016-03-03. Retrieved 2012-10-31.
  4. The Bear Island Foundation and Gary Potts, William Twain and Maurice McKenzie, Jr. on behalf of themselves and on behalf of all other members of the Teme-Augama Anishnabay and Temagami Band of Indians v. The Attorney General for Ontario, Supreme_Court_Reports_(Canada) [1991 2 SCR 570] (Supreme Court of Canada 1991-08-15) ("It was unnecessary, however, to examine the specific nature of the aboriginal right because that right was surrendered, whatever the situation on the signing of the Robinson-Huron Treaty, by arrangements subsequent to the treaty by which the Indians adhered to the treaty in exchange for treaty annuities and a reserve. The Crown breached its fiduciary obligations to the Indians by failing to comply with some of its obligation under this agreement; these matters currently form the subject of negotiations between the parties. These breaches do not alter the fact that the aboriginal right was extinguished.").
  5. Santin, Aldo (1991-08-16). "Indian leaders give land ruling mixed reviews". Winnipeg Free Press. p. 2. Retrieved 2019-07-28.


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