Washagamis Bay First Nation Garden Islands reserve claim

Washagamis Bay reserve claim negotiations

Washagamis Bay First Nation (previously known as Obashkaandagaang First Nation) is a signatory to Treaty No. 3, signed in 1873. Under the terms of the Treaty, reserves for First Nation signatories were to be selected in consultation with the First Nations and set apart for their use and benefit by the Crown. In this case, Washagamis Bay First Nation claims that specific islands on Lake of the Woods that were used as gardening sites were not set apart and confirmed as reserve for the First Nation as they should have been under the terms of Treaty No. 3.

Negotiations between Ontario, Canada and Washagamis Bay First Nation began in September 2013.

The goal of this negotiation process is to reach a fair and final settlement that will:

• bring closure to these longstanding issues
• foster reconciliation between Indigenous and non-Indigenous peoples

Proposed Settlement Lands

Ontario, Canada and Washagamis Bay First Nation have identified 10 islands on Lake of the Woods and their immediately adjacent lakebeds that are proposed to be included in the settlement of this claim. These lands, referred to as the Proposed Settlement Lands, are located west of Corkscrew Island in Clearwater Bay and at the mouth of White Partridge Bay.

The Proposed Settlement Lands (approximately 208 acres, or 84 hectares) are Islands A, B, D, G-North, G-South, H, I, J, K, and M, which are currently regulated as part of Lake of the Woods Conservation Reserve, and the immediate adjacent lakebeds surrounding each of these islands to a contour elevation of 320.72 m CGVD28 (refer to map below).

Ontario is proposing to deregulate (remove) the 10 islands from the boundaries of the Lake of the Woods Conservation Reserve, and to transfer the islands and their immediate adjacent lakebeds to Canada to be set apart as reserve for the use and benefit of Washagamis Bay First Nation.

The Washagamis Bay Garden Islands Reserve Claim Proposed Settlement Lands Map contains an inset map and a larger detailed map of the Proposed Settlement Lands. Together, they represent the lands that Ontario may transfer to Canada for the Washagamis Bay First Nation’s reserve claim.

The small inset map on the left depicts the general location of the Proposed Settlement Lands within the province of Ontario: in the Lake of the Woods about 200 km east of Winnipeg and 10 km southwest of Kenora, south of Highway 17.

The larger map identifies the 10 islands that comprise the Proposed Settlement Lands, located near the Washagamis Bay First Nation, west of Corkscrew Island in Clearwater Bay and at the mouth of White Partridge Bay. The Proposed Settlement Lands total approximately 208 acres. The Proposed Settlement Lands include Islands A, B, D, G-North, G-South, H, I, J, K, M and the immediate adjacent lakebeds surrounding each of these islands to a contour elevation of 320.72 m CGVD28 The “Conservation Reserve Lands Proposed for Deregulation” illustrate the lands that are proposed to be removed from the Lake of the Woods Conservation Reserve prior to transfer to Canada.

There are 10 additional maps that depict each of the 10 islands that comprise the Proposed Settlement Lands at a larger scale.

Image

View a larger version of this map (PDF)

Consultations

Consultations are an important step of the land claim negotiation process.

In 2019, Ontario initiated consultations about the lands being considered for possible deregulation and transfer. These proposed lands have since been refined, and Ontario is currently conducting consultations on the Proposed Settlement Lands.

Consultation processes for the Washagamis Bay First Nation Garden Islands reserve claim include:

• the Indigenous Land Claims Consultation Process (ILCCP) of Ontario’s Ministry of Indigenous Affairs and First Nations Economic Reconciliation (IAFNER)
• consultations to meet requirements for the Ministry of Natural Resources’ (MNR) Class Environmental Assessment for Resource Stewardship and Facilities Development (Class EA-RSFD)
• the Ministry of the Environment, Conservation and Parks’ (MECP) Class Environmental Assessment for Provincial Parks and Conservation Reserves (Class EA-PPCR)
• the Environmental Bill of Rights, 1993.

Ontario has started consultations with potentially affected:

• Indigenous communities
• stakeholders
• members of the public

Consultations will meet Ontario’s policy, statutory and constitutional obligations.

Existing rights, interests and uses will be considered.

Public comment period

The 60-day public comment period is now open. To participate, contact WBFNGardenIslands@ontario.ca or 416-920-3636.

Ontario is also conducting concurrent consultations for the proposed deregulation of the 10 islands from the boundaries of Lake of the Woods Conservation Reserve, to support the settlement of this claim on the Environmental Registry of Ontario (ERO). Please refer to the Environmental Registry of Ontario (ERO Search #: 025-0447) for more information.

Learn more about Ontario’s Indigenous land claims consultation process.

Toward a settlement agreement

Ontario will consider input from other Indigenous communities and the public about the possible deregulation and transfer of the Proposed Settlement Lands to Canada.

Negotiations will continue between Washagamis Bay First Nation, Canada and Ontario until the elements of a settlement agreement proposal are reached. The parties will then draft a settlement agreement.

Washagamis Bay First Nation, Ontario and Canada will each obtain approval of the settlement. The settlement is not final until all three parties have signed the settlement agreement.

Benefits of negotiated settlements

Negotiating land claim settlements is one of many steps toward achieving reconciliation with Indigenous communities.

These agreements resolve longstanding disputes about land in a balanced way that considers the rights of all those involved.

Reconciliation with Indigenous communities and the resolution of historical claims benefits everyone. A negotiated settlement with Washagamis Bay First Nation, Ontario and Canada will advance this important work and will provide greater certainty to everyone with respect to rights and interests in land in the area.

Contact us

Email WBFNGardenIslands@ontario.ca if you have questions about Washagamis Bay reserve claim negotiations or write to:

Ontario’s Negotiator – Washagamis Bay reserve claims
Ministry of Indigenous Affairs and First Nations Economic Reconciliation
160 Bloor Street East, Suite 920
Toronto, Ontario
M7A 2E6
Tel: 416-920-3636

Notice of collection of personal information

Personal information that we receive through the Washagamis Bay First Nation Garden Islands consultation process may be used and shared with other ministries and Canada to:

• assist with decision-making related to the land claim
• contact you for follow-up if you share your contact information and wish to be contacted

Ontario is authorized to collect personal information where it is necessary to support the provincial negotiation of Indigenous land claims under the authority of Order in Council 1170-2024.

If you share your personal information, it will be protected in accordance with the Freedom of Information and Protection of Privacy Act and any other applicable legislation or directives

Contact us if you have questions about the collection, use or disclosure of your personal information.