1.0 Introduction

The present working pr= otocol provides a technical framework for the full involvement of the Algonquins of Pikwàkanagàn in the management of the archaeological resources occurring in un-ceded Algonquin territory.= It consists of proactive guidelines for the protection, conservation= and use of these resources according to Algonquin cultural perspectives. These guidelines are intended to ensure that the Algonquins of Pikwàkangàn are notified in a timely fashion of all archaeological activities, discoveries and recommendations in this territory and are actively involved in making recommendations concerning these activi= ties and discoveries. This protocol is expected to guide all individuals and agencies in their working relationship with the Algonquins of Pikwàkanagàn during the conduct of archaeological research in unceded Algonquin territory.

This protocol marks the first phase of a broader process designed to meet the needs and priorities of the Algonquins of Pikwàkanagàn in the stewardship of their archaeological resources. One of its goals is to initiate dialogue with the relevant government agencies in order to respond to these needs and priorities. It is also intended to lay the groundwork for the future development of an archaeological repository in Pikwàkangàn, which will provide = a permanent home for Algonquin archaeological collections and allow this First Nation direct access to this heritage information for cultural, educational and ot= her purposes. As noted in the “Vision Statement” of the Algonquins = of Pikwàkanagàn, “Ours is a First Nation where the People honour and foster pride in our Algonquin identity and culture. Our People assume their full responsibility for the celebration, knowledge, preservati= on and transmission of our culture, its spirituality, beliefs, language, value= s, traditions and teachings.” As the Algonquin Nation recognizes archaeological resources as representing the physical manifestation of ancestral lifeways, traditional values and knowle= dge, the management of these resources in terms of Algonquin interests, policies= and guidelines is considered to be of utmost importance.

This pro= tocol is an “umbrella” protocol. It is designed to accommodate the relationships between the Algonquins and the governments of Canada, Ontario and Quebec, businesses, private operators and individuals, both separately and collectively, while ensuring the protection of Algonquin archaeological interests. At presen= t, however, this protocol cannot be applied to the entire unceded Algonquin territory without its formal acceptance by the Algonquin First Nations resi= ding north of Kichi-Sipi (the Algonquin name for the Ottawa River). These First Nations have been informed of, and invited to participate in, t= his initiative. In the interim, this protocol applies only to unceded Algonquin territory south of Kichi-Sipi, including land considered to be under federal government jurisdiction

This Protocol is without prejudice to any Treaty negotiations involving t= he Algonquins.

2.0 Objectives

The objectives of this working protocol are :

· The protection and the preservation of Algonquin heritage;

· To provide a framework and a basis for the development of further specific protocols with different parties taking into consideration differe= nt circumstances;

· To provide a framework for respectful and open communications betwe= en the Algonquins of Pikwàkanagàn, hereinafter referred to as the “Algonquins”, and all parties involved in the conduct of archaeological activities in unceded Algonquin territory;

· To provide means for the direct and active participation of the Algonquins in all aspects of the archaeological field activities in this territory;

· To provide the Algonquins the means of directly contacting the individuals or spokespersons of the parties involved in these activities;

· To identify issues and conformance requirements under the Heritage Act and Aboriginal Rights= , and to assure that actions respecting due diligence are undertaken as required;=

<= ![if !supportLists]>· To outline and consider mechanisms that will ensure compliance enforcement and reporting;

<= ![if !supportLists]>· To provide mutually-acceptable methods for dealing with specific is= sues or unforeseen discoveries during the conduct of archaeological work and excavation on unceded Algonquin lands;

<= ![if !supportLists]>· To provide for learning materials and educational experiences for a= ll parties involved, especially the Algonquins.

3.0 Geographic Scope

The unceded Algonquin territory occupies the adjacent portions of eastern Ontario and western Quebec. This territory is defined in the Al= gonquin Petition of June 6, 1835, as = follows :

…we and our Ancestors have immemorially, or from the remotest Antiquity, held, used, occupied, possess= ed, and enjoyed as Hunting Grounds the Tract of Land lying on either Side of the River Ottawa and the Little Rivers as far as Lake Nipissing, that is to say, comprehending both Banks of the River Ottawa and of the River Matawangue, called by the Voyageurs the Little River, to the Height of Land separating = the Waters of the Lake Nipissing from those of the Little River, together with = the Countries Watered by several tributary streams of the River Ottawa and the Little Rivers running North and South from their Sources. The above tract of land is bounded to the southward by a ridge of land separating the waters w= hich fall into the Lakes and the River St.= Lawrence from those falling Northward and into the River Ottawa.

As noted= above, this protocol currently applies only to unceded Algonquin territory south of Kichi-Sipi (Figure 1). The Ontario Native Affairs Secretariat Web site for = the Algonquin land claim identifies the northern boundary of this portion of th= e territory as following the Mattawa River and Kichi-Sipi to L’Orignal, west of Hawkesbury. However, this defini= tion fails to take into consideration the watershed of the Mattawa north of the river, which, as indicated in the 1835 Petition, was traditionally used by the Algonquins. Irrespective of the land claim boundary, this northern part of the Mattawa River watershed is thus include= d in the unceded Algonquin territory covered by this protocol. The southern boun= dary of the territory is based on the height of land defining the Ott= awa River watershed. It encompasses more than 90 per cent of Algonquin Park and extends in a southeast= erly direction to include Bancroft and Sharbot Lake, then east and north to L&= #8217;Orignal. Excluding the northern part of the= Mattawa River watershed, this portion of the territory covers 36,000 square kilometres, or 8.9 million acres

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4.0 Definitions

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The archaeological terms and concepts used in th= is document are based primarily on the definitions provided in the Environment Canada Parks Service Guidelines for= the Management of Archaeological Resources in the Canadian Parks Service (1= 993) and the Canadian Archaeological Association position paper Principles of Ethical Conduct:

“Comprehensive Consultation of the Algonqu= ins of Pikwakanagan”: The Algonquins will be fully involved, from the beginning, in the development of every proc= ess, policy, procedure, regulation, decision, etc., that will in any way affect any of our Algonquin people, property, Rights, Traditions and/or Way of Life.

“Archaeological site”: the surface vestige or subsurface or submerged remains of human activity at which an understanding of these activities and the management of these resources can= be achieved through the application of archaeological techniques. Aboriginal archaeological sites known to occur in unceded Algonquin territory include human burials and grave sites, a wide variety of campsites, quarry sites and lithic scatters related to raw material procurement and tool manufacturing,= and sites of “special function” .

“Archaeological artifact”: an object= , or a component or a fragment of an object that was made or used by humans.

“Archaeological records”: notes, drawings, photographs, plans, computer databases, reports and any other audio-visual materials related to the archaeological investigation of a sit= e.

“Archaeological collection= 221;: archaeological artifacts and associated archaeological records.<= /span>

“Archaeological resource”: an archae= ological site and its associated archaeological collection.

“Stewardship”: involves having respectful care for, promoting and ensuring the protection and conservation= of archaeological resources.

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5.0 Gene= ral Principles

= · The Aboriginal archaeological resources occurring in un-ceded Algon= quin territory constitute a record of Algonquin land use and occupancy through t= ime and, thus, represent the cultural and historical heritage of Algonquin soci= ety. The special relationship of the Algonquins with these resources need be recognized and expressed in terms of rights and responsibilities for their stewardship.

= · The Aboriginal archaeological resources occurring in unceded Algonq= uin territory are of spiritual, cultural and educational value to the Algonquin= s. Accordingly, the protection and conservation of archaeological sites and artifacts in the territory is of highest importance to this First Nation an= d to Algonquins in general.

· Recognizing the cultural and spiritual links that exist between Aboriginal people and archaeological resources, the direct and active involvement of the Algonquins in the management of these resources in unced= ed Algonquin territory is both desirable and necessary. This recognition and involvement extends, as well, to sacred sites and places, including human burial and grave sites.

· There is a genuine and urgent need to establish an appropriate repository facility in Pikwàkanagàn, for the management and conservation of Aboriginal archaeological collections recovered from unceded Algonquin territory, and which will allow this First Nation full access to = the information contained in and associated with these collections.<= /span>

6.0 Ethi= cal Considerations

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Four basic ethical considerations are identified= as being of critical importance to the development of this protocol. These are: effective consultation with the Algonquins concerning the conduct and resul= ts of archaeological fieldwork in the unceded Algonquin territory pertaining to this First Nation; assessment of the significance of archaeological findings resulting from fieldwork; the repatriation of archaeological materials recovered from field activities carried out in the territory; and the quest= ion of human remains.

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6.1 Consultation

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Consultation with Aboriginal Nations regarding their archaeological concerns and interests has been unevenly applied throughout = Canada. Although a standard practice in principle, effective consultation has gener= ally been limited to regions or localities where Aboriginal groups represent the majority or predominant population (e.g., the Arctic= and Subarctic regions and isolated communities), and where the conduct of archaeological research would be either severely hampered or impossible wit= hout the informed consent of the local group. In other instances where the Aboriginal population is less numerous, lacks government recognition of its jurisdiction over the archaeological study area or where the technical and logistic assistance of the resident First Nation is not required for the execution of field research, archaeologists have most often bypassed consultation with the local Aboriginal group. This omission is usually due = to ignorance on the part of the archaeologist of the importance of archaeologi= cal resources to Aboriginal people and their fundamental interest in seeing to = the protection and management of these resources.

It is the position of the Algonquins that comprehens= ive consultation is key to their effective involveme= nt in the management of archaeological resources in unceded Algonquin territory. = This position is supported by the Statem= ent of Principles for Ethical Conduct Pertaining to Aboriginal Peoples adopted= in 1996 by the Canadian Archaeological Association (CAA). Among the principles promulgated in this Statement, = the members of the CAA agree to negotiate and respect protocols, developed= in consultation with Aboriginal people, relating to the conduct of archaeologi= cal activities dealing with Aboriginal culture, and to communicate the results = of archaeological investigations to these communities in a timely and accessib= le manner. Other principles agreed to by the CAA members include encouraging partnerships with Aboriginal people in archaeological research, management = and education based on the mutual sharing of knowledge and expertise, support f= or formal training programs in archaeology for Aboriginal people and respect of protocols governing the removal, curation and reburial of human remains and associated objects.

The consultation process needs to be designed not on= ly to provide the Algonquins all relevant archaeological information but to encou= rage their active involvement in all major aspects of the planning and conduct of archaeological field activities. This process must also be sufficiently flexible, so as to accommodate potential problems that may arise from the involvement of this First Nation in making decisions about archaeological matters. Such problems include jurisdiction over land, the sharing and co-management of resources and the establishment of formal procedures for t= he recognition and application of traditional knowledge, including Traditional Environmental Knowledge (TEK).

6.2 Assessm= ent of Archaeological Significance

The assessment of the significance of archaeological= resources in unceded Algonquin territory by non-Aboriginal archaeologists may not alw= ays be consistent with the interests of the Algonquins. Although parties from different cultures may agree to deal with each other with respect, openness= and in good faith, it is not unreasonable to expect that individuals from these cultures will perceive the same set of circumstances in different ways. Ind= eed, it may be expected that these individuals, examining the same data, will of= ten reach different conclusions.

Assessment of the significance of the archaeological resources in unceded Algonquin territory in terms meaningful to the Algonqu= in Nation is integral to the stewardship of these resources. Accordingly, in o= rder to assure full consideration of Algonquin archaeological interests and concerns, it is imperative that the Algonquins be involved in the evaluatio= n of these resources. This involvement is not meant to relegate or dismiss the assessment of “scientific” importance but, instead, places Algonquin perspectives on an equal footing in determining the overall “cultural” significance of archaeological sites and collections= . It also has the added benefit of broadening the base of the assessment criteria through the incorporation of a wide range of cultural heritage knowledge. T= his knowledge includes traditional knowledge of locations used for resource exploitation, ceremonial activities, religious and sacred sites and places, recognized landscape features, past occupation sites and other locations of significance to the Algonquins.

6.3 Repatri= ation

Ownership of and responsibility = for all Aboriginal artifacts currently lying undisturbed within unceded Algonquin= Territory, lies with the Algonquins. Upon the ‘discovery’ of any such artifact= s, all shall be immediately surrendered to the Algonquins of Pikwakanagan.

The repatriation of archaeological collections to Aboriginal groups is an administratively complex issue involving a number of potential difficulties. One such difficulty is the determination of the cultural affiliation of the archaeological collections in question. Affilia= tion can usually be established, however, through existing museum documentation = or, alternately, the traditional history or land claims outlined by the Aborigi= nal group concerned. The successful use of the latter two approaches resides, in some measure, on the perception of cultural continuity through time of land= use and occupancy based on archaeological data.

The repatriation of archaeological collections recov= ered from unceded Algonquin territory in Ontario is a first priority of the Algonquins. To this end, it is the intention of = this First Nation to undertake at the earliest possible convenience the developm= ent of a properly equipped Algonquin archaeological repository for the maintena= nce and study of these collections in Pikwàkanagàn. The planning = and development of this facility shall be consistent with and conform to all regulations in the Ontario Heritage Act concerning archaeolog= ical repositories.

6.4 Human R= emains

Canadian museums have generally adopted a conciliato= ry approach to repatriation process, particularly as concerns the return of hu= man remains and associated objects. In these cases, museums have recognized repatriation as an opportunity for growth through the development of new relationships with Aboriginal people.

Aside from the repatriation of Aboriginal human rema= ins currently housed in museums and other institutions, the discovery of Aborig= inal burials and graves through the conduct of archaeological activities in un-c= eded Algonquin territory is a particularly sensitive issue and requires special consideration. In all instances, the treatment of burials and graves will be carried out taking into account the regulations and protocols established u= nder the Cemeteries Act of the Ontar= io Ministry of Consumer and Commercial Relations and the Heritage Act of the Ministry of Culture. These regulations and protocols notwithstanding, the Algonquins reserve the exclusive right to determine the manner in which Aboriginal human remains found in the Ontario portion of the territory are treated, including the procedures and ceremoni= es involved in their recovery, handling, location of reburial and reburial.

7.0 Archaeo= logy and Unceded Algonquin Territory

7.1 Aborigi= nal Rights and Federal Legislation

Aboriginal consensus in Canada concerning the identification and full range of Aboriginal rights is presently lacking on = the national level. Instead, these rights have generally been defined by provin= cial and federal law courts addressing Aboriginal land claims and treaties. While varying in specifics accordi= ng to each individual case, such rights commonly focus on title to land and natur= al resources in a territory traditionally occupied and used by the First Nation concerned, the ri= ght to pursue traditional activities in that territory (e.g., hunting, fishing, trapping and gathering), and the right to self-government and self-determination in all respects.

The right of stewardship and control over our he= ritage resources and archaeological resources, occurring within the ancestral territory of a given First Nation is another issue frequently included in recent land claim settlements and treaties. The inclusion of Section 33: Archaeology in = The Agreement Between the Inuit of the Nunavut Settlem= ent Area and Her Majesty the Queen in right of <= st1:place>Canada (1993) is one example. However, at present, no federal government legislation, regulations or guidelines explicitly recognizes the inherent rights of= all Aboriginal Nations in <= /span>Canada to exercise stewardsh= ip over their own archaeological resources.

Various sections in two federal government Acts = of national application are, nonetheless, of potential importance to such righ= ts. These are Sections 88 and 91 of the Indian Act and Sections 25 and 35 of the Constitution Act, 1982. Although the Constit= ution Act refers in several instances to Aboriginal rights, it neither lists = nor defines these rights.

Section 91 of the Indian Act prohibits any individual, without the written consen= t of the Minister, from acquiring title to certain properties that, depending on their physical context, could represent archaeological sites and artifacts.= As cited in the Act, these propert= ies are Indian grave houses, carved grave poles, totem poles, carved house p= osts and rocks embellished with paintings or carvings. Section 91 also prohibits= any individual from removing, damaging or destroying these properties without t= he written consent of the Minister and imposes penalties on any person found contravening this section.

Section 88 results from the 1951 revision of the= Indian Act and incorporates provin= cial law into the legal regime of the Ac= t:

Subject to the terms= of any treaty and any other Act of Parliament, all laws of general application f= rom time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or any order, rule, regulation or by-law made thereunder, and except to the extent that those laws make provision for a= ny matter for which provision is made by or under this Act.

R.S., c. I-6, s. 88.=

Thus, whenever, provincial laws deal with subjec= ts not covered by the Indian Act, = and as long as these laws are “laws of general application” and are not contrary to existing treaty provisions or the regulations of the Indian Act, then these laws can ap= ply to Indians on reserve land.

Section 25 of the Constituti= on Act, 1982, affirms that:

The guarantee in this Charter [of Rights] of certain rights and freedoms shall not be construed s= o as to abrogate or derogate from any aboriginal, treaty or other rights or free= doms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have = been recognized by the Royal Proclamation of Oct= ober 7, 1763; and

(b) any rights or freedoms that now e= xist by way of land claims agreements or may be so acquired.

In addition to defining the Aboriginal peoples o= f Canada, Section 35 of the Act recognizes and affirms existing “aboriginal and treaty rights”, including “…rights = that now exist by way of land claims agreements or may be so acquired”. This section also guarantees the protection of Aboriginal rights on non-reserve lands where traditional activities, such as hunting, fishing and trapping, are carried out. Traditi= onal use is, thus, protected on these lands, which can include provincial Crown lands and which may be subject to treaties including specific treaty rights= .

7.2 The = Ontario Heritage Act=

The Stat= ement of Principles for Ethical Conduct Pertaining to Aboriginal Peoples adop= ted by the Canadian Archaeological Association in 1996 incorporated regional re= ports drafted by the members of the Association’s Aboriginal Heritage Committee. The following summary of the Ontario Heritage Act is extracted in large measure from the Ontario Regional Report, prepared by Ron Williamson.

The preamble of the Ontario Heritage Act includes a philosophical statement concerning what heritage means to the people of Ontario. It also states in the following manner that Aboriginal people have separate rights and responsibilities:

First Nations and other Aboriginal peoples, who are stewards of lands and waters, culture and traditions and who have a special responsibility given to them by the Creat= or to protect, conserve and enhance this heritage for the benefit of present a= nd future generations, have their rights recognized and affirmed by s. 35 of t= he Constitution Act, 1982. (Heritage A= ct, p. 2)

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This is intended to acknowledge the inherent right to self-government and to recognize that Aboriginal rights are protected under= the federal charter. Also, Section 2d of the Heritage Act, explicitly recognizes "the interests and responsibilities of First Nations and other Aboriginal peoples in the conservation and stewards= hip of heritage", while Section 3.3 acknowledges that application of the Act must be consistent with Treaty= and Aboriginal rights recognized and confirmed by s.35 of the Constitution Act, 1982.

Other sections of the Act allow the provincial government and municipal councils to e= nter into agreements for heritage conservation purposes with any First Nation. T= oo, in explicit recognition of Aboriginal people as stewards of the land as sta= ted in the preamble, First Nations, along with the Crown, conservation authorit= ies, municipal councils, and any public body, are given the power to enter herit= age covenants or easements with land owners.

Ownership of artifacts, or "heritage objects&qu= ot;, pertaining to artifacts found on "protected heritage sites" is briefly addressed. The Crown asserts its ownership of "all heritage objects, except in cases where a true owner is established". In those cases, "the Minister may enter into agreement with First Nations regar= ding the conservation, management and disposition of heritage artifacts". <= /p>

7.3 Complia= nce Archaeology in Ontario

Compliance archaeology links archaeological impact assessment to economic development in Ontario. It refers to the work performed by archaeological consultants for clients w= ho are required to conduct archaeological assessments as part of the land development approval process. The overwhelming bulk of the archaeological fieldwork carried out in recent years in unceded Algonquin territory has be= en compliance in nature.

Based on the continuing economic growth of this area= , it is sure that the vast majority of the archaeological field projects that wi= ll be undertaken within the foreseeable future in the territory will also be carried out within this context.

The Ontario Ministry of Culture’s archaeologic= al licensing system is based on four stages of fieldwork. As summarized in Fig= ure 2, the purpose of the Stage 1 background study is to clarify the archaeolog= ical potential of a given property without collecting artifacts, while Stages 2 = and 3 are focused on artifact recovery, in order to identify and to assess in detail archaeological sites occurring on the property. The ultimate goal of= the assessment is to protect and conserve identified archaeological sites from = the impacts of the proposed development of the property. However, if an archaeological site cannot be protected undisturbed from the development as planned, then Stage 4 mitigation work may involve the removal of the site or part of the site through controlled salvage excavation.

Figure 2. Fieldwork Stage= s in Ontario Compliance Archaeology

Stage 1

Background Study :

·     &nbs= p;   Review land use history and present condit= ion of property, and conduct a preliminary inspection visit (no artifact collection)

Stage 2

Property Assessment :

·     &nbs= p;   Conduct a pedestrian (surface) survey or t= est pit survey to identify all archaeological sites on the property.

Stage 3

Site-specific Assessment :

·     &nbs= p;   Conduct detailed investigation of archaeological sites (if found at Stage 2), including recording the locat= ion of artifacts and land features, and test unit excavation

Stage 4

Mitigation :

·     &nbs= p;   Excavate and document archaeological sites= or develop strategies to preserve them undisturbed.

&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;          <= span class=3DGramE>Sou= rce : Archaeology Customer Service Project, Ministry of Culture, 2003=

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The archaeological= consultant holding the licence is responsible for submitting a technical report to the Ministry of Culture describing the fieldwork carried out and the results obtained. The ministry’s authorization for each successive stage of fieldwork is based mainly on its evaluation of the recommendations presente= d in the report of the preceding stage. In general, the recommendations of the licence-holder are usually accepted by the ministry, and may or may not lea= d to further fieldwork on the property. If archaeological sites identified during Stage 2 activities are not physically threatened by proposed development wo= rk or are assessed as being of low importance, then no recommendation will be made, in theory, for the conduct of Stage 3. Similarly, the results of a St= age 3 assessment may be considered by the licence-holder to satisfy mitigation requirements, thereby precluding recommendations for Stage 4 rescue of the site. In addition to reporting field activities, results and recommendation= s, the licence-holder is also responsible for storing and maintaining the archaeological collections recovered, in a facility consistent with the provisions of the Heritage Act.=

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With respect to fe= derally managed lands (i.e.: military bases, Parks Canada locations, National Capit= al Commission locations) there are no uniform policies or procedures. In fact, in the fed= eral government only Parks Canada has laws, regulations and stated policies which govern its management of archaeological resources. The Algonquins intend to establish formal relationships with federal departments and agencies concer= ning archaeology.

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8.0 Operational Guidelines

The principle oper= ational guidelines to be employed by the Algonquins in the management of the archaeological resources in unceded Algonquin territory are illustrated in Figure 3. Since archaeological resource management already consists of a set of= widely accepted practices identified as part of general policy for cultural herita= ge management, these guidelines do not introduce any new practices to the management process. They do, however, modify the process in order to accommodate the archaeological interests and priorities of the Algonquins in the management of their archaeological resources.

8.1 Acquisition of Exi= sting Archaeological Data

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The first step in = the development of tools for the management of archaeological resources by the Algonquins involves the electronic transmission to this First Nation of the archaeological records in the Ontario Ministry of Culture for all archaeological sites registered in unceded Algonquin territory. These recor= ds will include all Borden Code information, site reports and artifact catalog= ues, as well as all existing map bases and other visual materials related to site investigations. This guideline also applies to all federal government departments and agencies that have conducted archaeological field projects = in unceded Algonquin territory. The database will be updated annually and incl= ude all new data from the territory received by provincial and federal governme= nt agencies over the course of the year.

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8.2 Acquisition of Archaeological Project Information

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All archaeological consultants and researchers carrying out field projects in unceded Algonquin territory will be instructed by the Ontario Ministry of Culture to provide = the Algonquins all technical information about these projects. This requirement applies to compliance archaeology as well as to ‘scientific’ research projects carried out by government and other agencies. The information will be transmitte= d to the Algonquins both prior to the initiation of field activities and on completion of these activities. The timely receipt of such information is of particular importance to the prompt review and assessment of the data, especially as concerns any recommendations that are presented in compliance archaeology reports. All information received will be automatically added to the archaeological database maintained in Pikwàkanagàn.

In addition, any d= iscovery of human remains during the conduct of archaeological field activities in t= he territory will be immediately reported to the Algonquins of Pikwàkanagàn. Without exception, work stoppage will be automa= tic and the context controlled until investigations by the appropriate agencies= are completed. In all cases, the treatment of human remains will be in accordan= ce with the the procedures outlined in the Cemeteries Act.

8.3 Archaeological Data Management and Access

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All archaeological= records and project information transmitted to the Algonquins will be stored in compatible computer programs and Geographic Information Systems map bases. = An Algonquin Archaeological Resource Manager, to be appointed by the Council of the Algonquins of Pikwàkanagàn, will be responsible for the maintenance of and access to this database. The archaeological data maintai= ned in Pikwàkanagàn will normally be held in strict confidentiali= ty. Although reserved mainly for consultation by local Algonquin agencies, provisions may be made allowing students, researchers and other interested parties temporary access to the data for study purposes.

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8.4 Review and Assessment of Archaeological Data

The archaeological= project information transmitted to the Algonquins will be reviewed and assessed at regular intervals by a standing committee selected by the Council. This work will focus on the evaluation of the information and recommendations contain= ed in the field reports received in terms of Algonquin interests and prioritie= s in archaeology. Where possible, evaluation of the significance of the archaeological sites reported will take into consideration Algonquin cultur= al heritage knowledge, including traditional knowledge, TEK and past land use = and occupancy. This heritage information will be processed and stored in a mann= er compatible with its integration into the archaeological database.

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8.5 Archaeological Recommendations

If the Algonquin archaeological standing committee deems it necessary, then recommendations = may be prepared by that committee for any archaeological field project carried = out in unceded Algonquin territory. These recommendations will be presented to = the Council of the Algonquins of Pikwàkanagàn for discussion and approval/rejection. Following the Council’s decision, they will then = be forwarded to the appropriate provincial ministry/agency (or the relevant federal department/agency) and to the archaeological licence-holder concern= ed.

If Algonquin archaeological recommendations agree with those of the licence-holder concerning the cessation of fieldwork following the completion of Stage 2 o= r 3, then the consultation process may be considered to have been satisfied and = no further action taken. However, as Algonquin archaeological recommendations = will be based on Algonquin interests and priorities in archaeology, it is the position of the Algonquins that these recommendations supercede in importan= ce recommendations presented by the archaeological licence-holder. For instance, while an archaeologi= cal consultant may not recommend the implementation of Stage 3 fieldwork at a certain site based on the assessment of Stage 2 results, Algonquin evaluati= on of the available data in terms of Algonquin archaeological interests may indicate that further research at this site is desirable. Alternately, in t= he case of sites of sacred or spiritual significance to the Algonquin Nation, recommendations by the licence-holder for the conduct of additional researc= h at the site may not agree with Algonquin recommendations for its in situ preservation.

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Table of Contents

Figures

Figure 1. Algonquin= s of Pikwàkanagàn “Land” Claim.......................= ................................... 4

Figure 3. &n= bsp; Schematic Outline: Pikwàkanag&ag= rave;n Algonquin Guidelines for

The unceded Algonquin territory occupies the adjacent portions of eastern Ontario and western Quebec. This territory is defined in the Al= gonquin Petition of June 6, 1835, as = follows :

Section 25 of the Constituti= on Act, 1982, affirms that:

Stage 1	Background Study : · &nbs= p; Review land use history and present condit= ion of property, and conduct a preliminary inspection visit (no artifact collection)
Stage 2	Property Assessment : · &nbs= p; Conduct a pedestrian (surface) survey or t= est pit survey to identify all archaeological sites on the property.
Stage 3	Site-specific Assessment : · &nbs= p; Conduct detailed investigation of archaeological sites (if found at Stage 2), including recording the locat= ion of artifacts and land features, and test unit excavation
Stage 4	Mitigation : · &nbs= p; Excavate and document archaeological sites= or develop strategies to preserve them undisturbed.