Constitution

ANTOINE NATION CONSTITUTION

Matawasìbi anìcenàbi

26 November 2023

PREAMBLE

We, the Antoine Nation, the Matawasìbi anìcenàbi (Mouth of the River People), are a proud, resourceful Algonquin People with an independent and distinct identity. Our Anishinàbe traditions, culture, beliefs, and language are what make us unique.

We consider ourselves part of the natural world. The creator gifted us magnificent lands for us to live and prosper while living in harmony with Mother Earth. We have a responsibility to protect all things living on or below the ground, in the water and in the air. Even a stone pebble on the shore is precious to us and holds great wonder. Our Ancestors used these stones to make arrowheads and many other tools.

We, from our past to the present and into the future, are the first people who have travelled the waterways and lands of our unceded Territory. We have lived on the lands alongside these waterways in a sustainable manner for millennia. We have many lakes, rivers and tributaries named after our Ancestors who used them before us.

By this Constitution, we, the Antoine Nation, affirm and assert our historic, inherent, moral, and legal rights to govern ourselves for the health and prosperity of our Nation. We possess rights as an Aboriginal People of Canada as recognized, affirmed, and protected by section 35 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11.

We are part of the Algonquin Nation, whose territories are located in what are now commonly referred to as the provinces of Ontario and Quebec, but we have a distinct identity from other Algonquin communities.

We are likewise separate and distinct from the Crown in Right of Canada and Crowns in Right of Ontario and Quebec, not subservient to them, and equal to them in our Nationhood.

The Antoine Nation’s Territory radiates outwards from the confluence of what are now known as the Mattawa and Ottawa Rivers, encompassing a large area north and south of the Mattawa River, the eastern portion of Lake Nipissing, and east and west of the Ottawa River, including lands in the provinces of Ontario and Quebec. In the heart of our Territory is the present-day town of Mattawa. The Antoine Nation has used all these lands from time immemorial.

As a proud and resilient Nation, we have remained as people of our land, and we will continue to coexist on our Territory as we have for millennia.

PART 1 - THE ANTOINE NATION

CHAPTER 1 - FOUNDATIONS

The Antoine Nation

1. The Antoine Nation has existed from time immemorial. It is the rights-bearing community of those Indigenous people who share the Algonquin Anishinàbeg language, culture and laws in its Territory radiating outwards from the confluence of the Mattawa and Ottawa Rivers, including north and south of the Mattawa River, the eastern portion of Lake Nipissing, and east and west of the Ottawa River, including lands in the provinces of Ontario and Quebec.

Fundamental Values of the Antoine Nation

2. Striving for the good life (mino pimàdiziwin), the Antoine Nation upholds the Seven Grandfather Teachings of honesty (kwayakoziwin), humility (tabasenindizowin), respect (manàdjìyàn), bravery (sòngideyewin), wisdom (nibwàkàwin), truth (tebwewin) and love (sàgìhidiwin).

3. Together, the members of the Antoine Nation shall:

(a) honour the wisdom and stories of our Ancestors, keeping them in our hearts and minds;

(b) affirm our kinship ties and the importance of the collective well-being of our Nation and the Algonquin Nation;

(d) honour our Ancestors and Elders by teaching our traditions and beliefs to our children;

(e) be loyal to our members and community by upholding the values that we share;

(f) maintain our role as guardians of the Creator’s gifts of the earth, water, fire, air, plants, and animals;

(g) be committed to the betterment of our community for our future generations;

(h) respect what the Creator has given us by taking only what we need and honouring Mother Earth for her bounty; and

(i) honour and respect the Constitution.

4. The objectives of the Antoine Nation include the following:

(a) to ensure the protection of the human, civil and legal rights of members;

(b) to use, manage, administrator, regulate, promote, protect and at all times respect the Lands of the Antoine Nation, including all natural resources above, on and below those Lands in perpetuity;

(d) to promote and strengthen the educational, social, economic, and political growth of the Antoine Nation and its members;

(e) to provide a unified voice for the members of the Antoine Nation;

(f) to represent and support the interests of members at local, regional, provincial, national, and international levels;

(g) to maintain strict financial accountability to members;

(h) to exercise the Antoine Nation’s powers in conformity with the Constitution;

(i) to do such other things as are related to the foregoing objectives as may be conducive to the general welfare and good government of the Antoine Nation; and

(j) to ensure that any actions undertaken in the furtherance of these objectives are carried out with respect and goodwill.

Language and Culture

5. The official languages of the Antoine Nation are Anishinàbemowin and English. Until the Antoine Nation has sufficiently reclaimed Anishinàbemowin as is its inherent right, activities including governance of the Antoine Nation shall be conducted primarily in English to facilitate the understanding of all members.

6. The Chief and Councillors of the Antoine Nation shall respect and encourage the practice of Anishinaabek traditions, culture, beliefs and laws and the use of the Anishinàbeg language.

CHAPTER 2 - SUPREME LAW

7. This Constitution is the supreme law of the Antoine Nation. In the event of an inconsistency between the Constitution and any Antoine Nation law, this Constitution shall prevail to the extent of the inconsistency.

8. Every law of any jurisdiction that is applicable to the members of the Antoine Nation within the Territory shall be interpreted and applied in a manner that is consistent with the Constitution of the Antoine Nation.

9. In the event of a conflict between this Constitution and the application of a law of another jurisdiction to members within the Antoine Nation Territory, including a law of Canada, a province, an Algonquin community, or an Algonquin provincial or territorial organization, this Constitution shall prevail to the extent of the conflict.

CHAPTER 3 - RIGHTS OF THE ANTOINE NATION

10. The Antoine Nation has the collective right to freely pursue its political, cultural, social, and economic development.

11. The Antoine Nation has the inherent right to determine its mode of government and to govern itself in all matters relating to its internal affairs.

12. The Antoine Nation has the right to determine its participation in Algonquin political, cultural, social and economic institutions and to develop its relations with other Algonquin communities.

13. The Antoine Nation has the right to its Territory and has the right to preserve the Territory for the benefit of future generations.

CHAPTER 4 - RIGHTS OF THE ANTOINE NATION MEMBERS

Traditional Rights and Duties

14. Every member of the Antoine Nation has the right to pursue a way of life that is in keeping with the traditions of the Antoine Nation. Each member shall, according to their ability, dedicate themselves to the preservation and revitalization of the traditions of the Antoine Nation.

15. Every member has the right to sustainably harvest the resources of the Territory of the Antoine Nation. Each member shall respect what the Creator has given us by taking only what we need and honouring Mother Earth for her bounty. In the exercise of harvesting rights, each member shall be the guardian of the Creator’s gifts of the earth, water, fire, air, plants, and animals.

16. Every member of the Antoine Nation has the right to use and learn Anishinàbemowin. Each member shall, according to their ability, dedicate themselves to the preservation and revitalization of the culture and language of the Antoine Nation.

Political Rights

17. Every member of the Antoine Nation may, in accordance with the traditions of the Antoine Nation, participate in the selection and removal of the leadership of the Antoine Nation and in the deliberative processes set out in this Constitution and in the laws of the Antoine Nation.

Right to Equality

18. Every member of the Antoine Nation is equal and has the right to equal protection and benefit of the laws of the Antoine Nation without discrimination.

19. Every member has the right to reasonable access to the programs and services provided by the government of the Antoine Nation.

Reasonable Limits

20. This Constitution guarantees the rights set out in it subject only to such reasonable limits specified in Antoine Nation laws as can be demonstrably justified to protect the collective interests of the Antoine Nation and which are justified in a free and democratic Antoine Nation.

PART II - GOVERNMENT

CHAPTER 5 - PRINCIPLES OF GOVERNANCE

21. The government of the Antoine Nation is entrusted to the Council and to those administrative and adjudicative bodies established by law.

22. The government shall act according to law, and any decision or policy of the government that is inconsistent with this Constitution or a law enacted by the Antoine Nation in accordance with this Constitution is invalid and of no effect.

23. The government shall be guided by a policy of transparency and fairness in its relations with members and shall ensure that members have meaningful access to information in regard to decision-making.

24. The government shall defend the integrity of the Territory and shall promote respect for the spirit of the land, water, air, animals, birds, fish, trees, and plants.

25. The government shall promote a sustainable Antoine Nation economy.

26. The government shall strive for effective intergovernmental relations with the governing bodies and institutions of other jurisdictions in which the members of the Antoine Nation are active.

CHAPTER 6 - THE COUNCIL

27. The Council of the Antoine Nation shall consist of five Councillors and a Chief. An additional Councillor position may be added to the Council by means of a referendum and with the unanimous consent of the Chief and Councillors.

28. The Chief shall be elected by the direct vote of the members of the Antoine Nation with the candidate receiving the most votes becoming Chief.

29. Each of the five descendancy groups of the Antoine Nation shall elect one Councillor by majority vote. If a descendancy group fails to elect a Councillor, that group shall be represented by the Chief and the Councillors of the remaining groups.

30. Every member who is at least 18 years of age may vote for a candidate for Chief and a candidate for the Councillor representing the descendancy group to which the member belongs or with whom the member is associated for the purpose of elections.

31. The government of the Antoine Nation shall maintain a list of electors organized by descendancy group. Each member of voting age shall be registered on the list of electors.

32. Any dispute over the descendancy group to which a member may belong for the purpose of elections shall be settled by the Council or by another administrative or adjudicative body established by law.

33. The quorum of the Council shall be the Chief and three Councillors at all duly called meetings of the Council. Should the Chief be incapacitated or otherwise unavailable for a Council meeting, the Chief may nominate a Councillor to act in the Chief’s place for that meeting with the quorum then being four Councillors, including the Councillor nominated to temporarily act for the Chief, who shall be known as the Acting Chief.

34. Consensus shall be encouraged in the making of any decision of the Council. When such consensus cannot be obtained, a decision will be made by vote, and the majority will rule.

35. The Chief and Councillors shall be accountable to the members in all their actions and decisions.

36. A Chief or Councillor may be removed from office if they repeatedly fail to attend Council meetings without just cause or if they are determined to be unfit due to criminal or unethical conduct while in office. The process of removal from office shall be as specified by law.

37. A Chief or Councillor shall not be permitted to participate in any decision of the Council or enter into any arrangement, agreement or contract involving the government of the Antoine Nation that may constitute a conflict of interest.

38. Upon the resignation, incapacitation, death, or removal of a Chief or Councillor, a by-election shall be held within a reasonable time to fill the vacant position. The Councillors shall amongst themselves vote to appoint an Acting Chief from among them pending the results of a by-election if the vacant position is that of Chief.

CHAPTER 7 - LEGISLATIVE AUTHORITY

39. The Council may adopt laws for the better government of the Antoine Nation and may amend and repeal laws as required.

40. The text of every proposed law shall be introduced in Council by the Chief or a Councillor.

41. Following the introduction of the text of a proposed law in Council, the Chief or a Councillor may propose one or more amendments to the proposed law. Each proposed amendment will be voted on by the Council, and those amendments approved by resolution shall be incorporated into the text of the proposed law.

42. When all proposed amendments to the text of the proposed law have been voted on by the Council, the proposed law shall be made accessible to the membership and shall be presented to the membership at a general meeting at which members may provide their comments.

43. Following the presentation of a proposed law at a general meeting, the Council may further amend the text of the proposed law in accordance with section 41, in which case it will present any further amendments to the proposed law at a subsequent general meeting.

44. The Council may, after the presentation of the law to the membership at a general meeting, vote on a resolution to adopt the law. A proposed law that is supported by a resolution of the Council shall be signed by the Chief and shall become immediately effective unless the law establishes another date on which it shall come into force.

45. The Council shall exercise exclusive legislative authority in respect to the following matters:

(a) governance, including the selection of leadership, descendancy group representation, Council procedures, financial administration, and the delegation of authority;

(b) membership, including the issuance of identification documentation confirming membership; and

46. The Council shall have authority to make laws for the prudent regulation and good governance of the Antoine Nation, its Territory, and the Community Lands, including laws concerning the following matters:

(a) environmental protection and assessment;

(b) harvesting and the conservation of natural resources;

(d) preservation of language, culture, and traditional laws;

(e) economic development;

(f) education and training;

(g) health and social services;

(h) public works and infrastructure within Community Lands;

(i) community justice;

(j) emergency preparedness; and

(k) the raising of revenue.

47. The Council may, by law:

(a) delegate the exercise of its legislative authority to another legislative body with the exception of its exclusive legislative authority set out in section 43;

(b) delegate the exercise of the executive authority of the Council to an administrative body; and

(c) establish an adjudicative body with authority, among other things, to review the exercise of executive power by the Council or by any administrative body created by law.

48. The Council will remain accountable for the exercise of the legislative or executive authority it delegates to another entity.

CHAPTER 8 - EXECUTIVE POWER

49. The Council is vested with the executive powers of government that are not vested by law in another administrative body. The Council shall exercise its executive powers pursuant to decisions expressed in resolutions.

50. The Council shall have the authority to negotiate intergovernmental agreements for and on behalf of the Antoine Nation. The Chief of the Antoine Nation shall be the lead negotiator and spokesperson of the Antoine Nation where no other person has been designated by law or resolution.

51. The Council may establish policies regarding the exercise of executive powers and may review and modify its policies as required.

52. The Council shall establish and maintain a registry of the laws, intergovernmental agreements, policies, and resolutions of the Antoine Nation and shall make that registry accessible to members.

53. The Council may establish committees and appoint or remove the members of committees. The Chief of the Antoine Nation shall be an ex officio member of all committees established by Council.

54. The Council shall manage the assets of the Antoine Nation, including any capital fund established pursuant to a treaty or intergovernmental agreement.

55. The Council may engage in commercial operations and may establish business corporations, partnerships, and other entities for that purpose.

CHAPTER 9 - FINANCIAL ADMINISTRATION

56. The financial administration of the Antoine Nation shall be prudent, open, and accountable and shall provide for an effective and efficient use of the financial resources of the Antoine Nation.

57. The Council shall establish and maintain a system of financial administration that meets generally accepted standards applicable to governments in Canada.

58. The fiscal year of the Antoine Nation begins on April 1 of each year and ends on March 31 of the following year unless a different fiscal year is established by law.

Budget, Expenditures and Commitments

59. The Council shall, by resolution, adopt an annual budget prior to the beginning of each fiscal year and may adopt supplementary budgets for a fiscal year.

60. Forthwith after adopting a budget or supplementary budget, the Council shall:

(a) present the budget or supplementary budget to the members at general meeting;

(b) make printed copies of the budget or supplementary budget available for inspection at the offices of the Antoine Nation; and

(c) make an electronic copy of the budget or supplementary budget accessible to the members regardless of their geographical locations.

61. The government of the Antoine Nation may not expend money or commit itself, by contract or otherwise, to expend money, unless such expenditure is authorized by law or resolution.

Borrowing Powers

62. The government of the Antoine Nation may borrow money for the purpose of meeting ordinary operating expenditures set out in a budget adopted under section 59 in accordance with a resolution which shall specify:

(a) the amount to be borrowed and the purpose of the borrowing;

(b) the source of revenue from which the money will be repaid; and

63. The government of the Antoine Nation may borrow money for the purpose of capital expenditures in accordance with a law which shall specify:

(a) the amount to be borrowed and the purpose of the borrowing;

(b) the terms on which the money is borrowed including the interest and all other costs related to the borrowing;

(c) the security, if any, given by the Antoine Nation for the repayment of the borrowing and the costs relating to that security;

(d) the source of revenue from which the money borrowed will be repaid and the costs relating to borrowing will be paid;

(e) the manner of repayment and the repayment schedule; and

(f) the name and address of the lender.

64. Antoine Nation may not borrow money except in accordance with sections 62 and 63.

Books of Account and Financial Records

65. The Council shall establish and maintain books of account and financial records that conform with generally accepted accounting principles applicable to the public sector.

66. After the end of each fiscal year, the Council shall prepare a financial statement in comparative form, containing:

(a) a balance sheet;

(b) a statement of revenues and expenditures and a comparison of these with the amounts stated in the annual budget and any supplementary budget; and

Audit

67. For each fiscal year, the Council shall appoint an accredited auditor.

68. The auditor shall prepare and submit to the Council the audited financial statements of the Antoine Nation, stating whether, in the opinion of the auditor, the financial statements fairly present the financial position of the Antoine Nation in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.

Financial Accountability

69. Any Antoine Nation elector may, at any reasonable time, inspect the books of account and financial records of the Antoine Nation.

70. For each fiscal year, the Council shall distribute to members a summary report of the financial position of the Antoine Nation disclosing with it the audited financial statements, the auditor’s report, and the remuneration of the Chief and Councillors.

PART III - LAND

CHAPTER 10 - TERRITORY

71. The Territory of the Antoine Nation as identified in the oral tradition of the Antoine Nation is unceded Algonquin territory.

72. The Council of the Antoine Nation may ascertain the boundaries of the Territory, or parts of the Territory lying within a given geographic area, as well as the traditional names of places within the Territory for any purpose related to the exercise of its authority.

73. The collective right of the Antoine Nation to its Territory is inalienable. Neither the Council, nor any other body, may cede the collective right of the Antoine Nation to the Territory to the Crown.

74. The Antoine Nation may enter into a treaty with the Crown regarding the occupation and settlement of the Territory, in its own right or as a constituent of another Algonquin body recognized by Council. No treaty with the Crown shall be binding on the Antoine Nation until it has been ratified by a majority of Antoine Nation electors in a process that is at least as rigorous as that set out in Chapter 12.

75. The Antoine Nation, represented by its Council, may enter into treaties or intergovernmental agreements with other Algonquin communities and with other Indigenous Peoples to mutually determine the boundaries of the Territory and to manage its use.

76. The Antoine Nation, represented by its Council, shall actively participate in the stewardship of the Territory, and shall consult with the Crown and with any other government regarding any activity or project that substantially affects the collective rights of the Antoine Nation and the exercise of those rights by members.

CHAPTER 11 - COMMUNITY LANDS

77. The Community Lands of the Antoine Nation comprises all lands that are owned by or on behalf of the Antoine Nation in accordance with the general land law of the province in which they are located, including:

(a) land transferred in fee simple or ownership exclusively to the Antoine Nation or to a nominee of the Antoine Nation;

(b) land transferred in fee simple or ownership for the benefit of the Antoine Nation and another Algonquin community as co-owners; and

(c) land transferred in fee simple to an Algonquin provincial or territorial organization, if situated within the Territory.

Title

78. The title to Community Lands transferred in fee simple or ownership exclusively to the Antoine Nation may be held by a corporation controlled by Council or in any other manner prescribed by a law adopted by the Antoine Nation.

79. Community Lands co-owned by the Antoine Nation and one or more Algonquin communities shall be held according to the terms of an agreement between the co-owners. In the absence of a stipulation to the contrary, the co-ownership interest of the Antoine Nation may be held by a corporation controlled by the Council.

80. The Council shall ensure that a corporation holding title to Community Lands has the capacity and resources to discharge the obligations of the Antoine Nation in relation to those Community Lands.

81. The Council shall ensure that the Antoine Nation retains the beneficial ownership of Community Lands in all circumstances.

82. Any legal instrument which purports to transfer the legal title of Community Lands to any person shall be void unless it complies with the provisions of a law authorizing the transfer.

Management of Community Lands

83. Community Lands will be managed for the collective benefit of the Antoine Nation in a manner which conserves the beneficial ownership of the Antoine Nation.

84. Any decision that diminishes the extent of the Community Lands shall be justified by a corresponding benefit in terms of the use of Community Lands by members or the protection of the Territory.

85. The Council shall prepare a land use plan for each parcel of Community Land and may designate the priority use of each parcel for any purpose including:

(a) residential and seasonal residential use;

(b) commercial use; and

86. The Council shall establish and maintain a register of Community Lands and shall make that register accessible to members.

Interests in Community Lands

87. It is the intention of the Antoine Nation that the acquisition, modification, transfer, and extinguishment of individual interests in Community Land be regulated by a law adopted in accordance with this Chapter.

88. No member may acquire an interest in Community Lands by use or occupation.

89. The Council may allocate parcels of Community Land designated for residential or seasonal residential use to members who shall take the land as tenants of the Antoine Nation on terms that are consistent with the land use plan under section 85 or as otherwise established by Council.

90. A member who has been given possession of a parcel of Community Land may transfer the possession of the parcel to another member with the approval of the Council.

91. The possession of a parcel of Community Land may pass from one member to another member by will or by intestate succession, subject to the power of the Council to disallow the transmission of possession in whole or in part.

92. The Council or another administrative body established by law may give any person a licence to engage in any activity on Community Lands that is consistent with the designated priority use of the lands and the land use plan under section 85.

93. The Council may, in accordance with a law adopted by the Antoine Nation, transfer an interest in Community Land to any person, subject to the conservation of the beneficial ownership of the Antoine Nation.

Parks and Protected Areas

94. The Antoine Nation, represented by the Council, shall be guided by the principle of co-management in respect to Crown lands within the Territory that may be used for traditional pursuits by members pursuant to agreements with the Crown.

95. In established parks and protected areas within its Territory, the Council will seek to negotiate and conclude agreements with other governments exercising authority that acknowledge the rights of the Antoine Nation and its capacity for co-management.

PART IV - GENERAL

CHAPTER 12 - AMENDMENT

96. The Council may initiate an amendment of this Constitution by means of a resolution:

(a) setting out the proposed textual modifications;

(b) setting the date of a general meeting to be held for the purpose of presenting the amendment proposal; and

(c) appointing a referendum officer to oversee the referendum process required by this section and any law of the Antoine Nation.

97. (1) The Council shall present the proposed constitutional amendment to the members at a duly organized, publicized, and accessible general meeting, which may be held in part by electronic means, and at which the electors shall, by secret ballot, vote for or against proceeding with proposal.

(2) The referendum officer shall determine if there is a minimum of thirty percent of the electors that have voted to proceed with the proposal and shall publicly announce the result at the general meeting or as soon thereafter as the results can be reported.

(3) If there is sufficient support for the proposal to proceed, the chief referendum officer shall organize and oversee a referendum that will take place no more than six months after the general meeting authorizing the referendum.

98. An amendment proposal is adopted if ballots are received from at least thirty percent of electors, and more than fifty-one percent of the ballots approve the amendment.

99. There shall be no second vote for the processes described in sections 97 and 98.

100. For a period of five years following the date of enactment of this Constitution, the Council may, in a resolution under section 96, dispense with the application of section 97.

CHAPTER 13 - CONSTITUTIONAL CONFERENCES

101. The Council may participate in conferences organized by Algonquin communities with a view to the negotiation of a federating constitution establishing a mode of regional government.

102. The Council shall, in parallel to its participation in such conferences, initiate a process of review of the provisions of this Constitution that provide for matters that are contemplated in the negotiation of a federating constitution.

103. No federating constitution shall be binding on the Antoine Nation unless it is accompanied by an amendment to this Constitution affirming the authority of the regional government and providing for the harmonization of the exercise of authority by the government of the Antoine Nation and a regional government.

104. The federating constitution may be ratified by the members in conjunction with the amendment process set out in Chapter 12, adapted as required.