Jurisdiction of Manito Aki Inakonigaawin
The Anishinaabe Nation in Treaty #3 has pre-existing jurisdiction that continues to be exercised by the Nation, Grand Council Treaty #3 and communities. Treaty #3 established a shared sovereignty over some matters between the British and the Anishinaabe, therefore it is an important effort to reconcile the pre-existing sovereignty of the Anishinaabe with the asserted sovereignty of the Queen and her divisional governments.
The Nation in Treaty #3 exercises pre-existing jurisdiction as proper stewards of the land. Since time immemorial, Creator entrusted the Anishinaabe to care for lands and resources on Turtle Island. The Anishinaabe maintain a spiritual connection to the land and Mother Earth. The 28 communities in Treaty #3 support and guide Grand Council’s efforts to facilitate collective engagement respecting the land and waters, as guided by the principles set out by Manito Aki Inakonigaawin.
External Implications of Manito Aki Inakonigaawn
Grand Council Treaty # 3 is the traditional government of the Anishinaabe Nation in Treaty # 3. By treaty with Her Majesty in 1873, the Nation shared its duties, responsibilities and protected its rights respecting 55,000 square miles of territory. The Anishinaabe Nation did not surrender any rights of self-government by signing of the Treaty, instead believed the signing to be a mutual respect and sharing of the lands and resources. Therefore, the Anishinaabe Nation in Treaty #3 continue to exercise its traditional government.
The Canadian government recognizes that the Constitution Act, 1982, supported by recent Supreme Court of Canada, establishes that the jurisdiction of Anishinaabe government continues to exist. With that said, the Anishinaabe Nation in Treaty # 3 maintains rights to all lands and water in the Treaty # 3 territory commonly referred to Northwestern Ontario and south-eastern Manitoba. Accordingly, any development in the Treaty # 3 Territory such as, but not limited to, forestry, mining, hydro, highways and pipeline systems that operate in the Treaty # 3 Territory require the consent, agreement and participation of the Anishinaabe Nation in Treaty # 3.
In exercising its authority, the Grand Council expresses concern with proponents (corporations, developers etc.) who carry out business activities that may result in destruction to the environment or interfere with the traditional activities of individual or collective members of the Anishinaabe Nation in Treaty # 3.
Manito Aki Inakonigaawin states that all resource developments should be done in honor with Anishinaabe rights and in respect to the natural resources. Therefore, Grand Council Treaty # 3 recognizes the potential for adverse effects in regards to exercising inherent and treaty rights that may be impacted through certain business activities. In order to eliminate or minimize these adverse effects, the Grand Council of Treaty #3 is prepared to hold discussions, engagements and potential negotiations with proponents, governments and other industry.
In accordance with Manito Aki Inakonigaawin process, proponents in Treaty #3 are required to contact Grand Council Treaty #3 to seek specific Treaty # 3 authorizations, which will provide clear authority to conduct their business ventures and create legal certainty to legitimize these developments in Treaty # 3 Territory. These processes do not infringe on the rights of individual communities and it is recognized they have their own authorization and engagement protocols. It is the goal of the Grand Council to establish strong working relationships with any proponent who respects Anishinaabe laws, values and principles on the environment.
As directed by recent Supreme Court’s rulings, proponents must satisfy Anishinaabe law under the Constitution Act of 1982. The Court states that aboriginal people must be consulted properly about effects on their inherent and treaty rights. Manito Aki Inakonigaawin, The Great Earth Law of the Anishinaabe Nation in Treaty # 3, provides the traditionally-ratified process to frame these discussions.
Current GCT#3 Manito Aki Inakonigaawin Work
Manito Aki Inakonigaawin Pathways Forward Project
The Manito Aki Inakonigaawin and Nibi Declaration Pathways Forward Project is focused on interviewing elders and knowledge keepers throughout Treaty #3 territory. In the interviews, the elders discuss what Manito Aki Inakonigaawin and the Nibi Declaration mean to them and where they see both written documents going next. Following these discussions, the team has been writing a “living report” that outlines the elders and knowledge keeper recommendations. The report showcases pathways forward for both MAI and the Nibi declaration, and will be built upon the more interviews are held.
These interviews are ongoing, as it’s important to continue to talk about our sacred laws to further implementation. If you are interested in taking part in the interviews or want to know more information, please contact Hailey Krolyk at hailey.krolyk@treaty3.ca
Manito Aki Inakonigaawin Documentary
In partnership with Niiwin Wendaanimak, GCT#3 is working towards the creation of a Manito Aki Inakonigaawin documentary. On June 26th, 2021 at Couchiching First Nation, a ceremony was held to commence the start of the process. Stay tuned for more updates as the project moves ahead!
Manito Aki Inakonigaawin Toolkit
The Manito Aki Inakonigaawin Toolkit combines all the written work completed with Manito Aki Inakonigaawin within GCT #3. Its goal is to share the key principles that guide us in decision-making in the Treaty #3 Territory. The toolkit is designed for the Nation and Treaty #3 communities to further our understandings of our responsibilities to the land and provide guidance for government, communities, leadership and proponents upon entering the Treaty #3 territory.