AGREEMENT ON APPROACH AND PROCESS
For Completing Phases Two, Three
And Undertaking Negotiations
Under the Trilateral Agreement

BETWEEN:
THE ALGONQUINS OF BARRIERE LAKE, also known as, Mitchikanibikok Inik, represented by their Customary Chief, Mr. Harry Wawatie (hereinafter referred to as "Mitchikanibikok");

AND:
THE GOUVERNEMENT DU QUÉBEC represented by Mr. Guy Chevrette, Minister of Natural Resources and Native Affairs (hereinafter referred to as "Québec");

WHEREAS the parties signed the Trilateral Agreement on August 22, 1991, as a pilot project to promote sustainable development and the reconciliation of resource-uses by Mitchikanibikok and non-Mitchikanibikok people within the territory identified by the Trilateral Agreement;

WHEREAS the Trilateral Agreement contemplates carrying out the following works/activities:
· Phase one: studies and inventories of the renewable natural resources within the territory;
· Phase two: preparation of a draft integrated resource management plan (IRMP);
· Phase three: formulation of recommendations for carrying out the draft IRMP; and
· Negotiations: Mitchikanibikok and Québec negotiate an agreement on carrying out the recommendations retained;

WHEREAS the parties have not completed the Trilateral Agreement but have made significant progress in the sense that:

• Phase one has been completed and an important and useful body of scientific and traditional knowledge has been accumulated with respect to the renewable natural resources within the territory;
• Phase two is incomplete, however substantial work has been undertaken toward the preparation of the draft IRMP;
• Phase three and Negotiations have not yet been started;

WHEREAS the parties are committed to completing the works/activities contemplated by the Trilateral Agreement, specifically phases two and three;

WHEREAS the parties have a mutual interest and desire to proceed to negotiations in advance of finishing phases two and three, based upon the following considerations:

WHEREAS the federal government, signed the Trilateral Agreement pursuant to its "special fiduciary responsibility toward the Algonquins of Barriere Lake";

THEREFORE the parties agree as follows:

Reaffirmation of Trilateral Agreement

1. This agreement is being entered into pursuant to section 6(b) of the Trilateral Agreement for the different phases contemplated therein.
   
2. The parties reaffirm their commitment to finalize the work begun under the Trilateral Agreement to the satisfaction of both parties.
   
   Dual Approach
3. The parties agree to pursue a dual approach. They will simultaneously:
   · complete the works contemplated by the Trilateral Agreement;
   · enter into negotiations provided herein.
   
   Phases Two and Three
4. The parties agree to constitute a technical committee to finalize a work plan to complete phases Two and Three. This technical committee will be co-chaired by the Special Representatives of the parties and its membership shall include officials within affected Québec ministries as well as Mitchikanibikok representatives.
   
5. The technical committee will put the emphasis on two aspects of the work plan:
   · the elaboration of objectives for the IRMP; and
   · the identification and definition of the scenarios respecting projected resources-uses within the Trilateral Agreement territory.
   The starting point for the discussion on objectives shall be the six principles/objectives formerly agreed upon by Dr. André Lafond and David Nahwegahbow.
   
6. The parties agree that the technical committee must come to a quick agreement on the workplan. If agreement is not reached within 30 days of signing this Agreement, then an outside party shall be brought in to assist and facilitate these discussions. This outside party must be mutually agreed upon by the Special Representatives of the parties.
   
   Negociations
7. (1) The parties agree to immediately enter into negociations respecting the following subjects:
   
   

   a)	identification of an area of land for the exclusive use of the community of Mitchikanibikok to meet the basic needs for community dwellings and community infrastructures, it being understood that this does not engage the government of Quebec in the financing of infrastructures and activities which are the responsabilities of the federal government;
   b)	participation in economic spin-offs according to models to be defined (for instance partnerships, economic benefits, resources revenue sharing, access to resources, etc.);
   c)	participation in management and sustainable development of resources;
   d)	electrification of the community; and
   e)	economic development of Mitchikanibikok including potentially hydro-electric projects.

   
   
   (2) The exact scope and schedule of the negotiations, as well as the agenda for negotiations shall be developed by the Special representatives immediately following the signing of this Agreement.
   
8. Any matter which has not been negotiated and agreed upon as part of negotiations under section 7 shall be negotiated following the completion of phases two and three as provided in the Trilateral Agreement.
   
   Provisional Measures
9. The parties agree that the provisional measures process will continue to be in effect until all phases contemplated by the Trilateral Agreement are completed. Upon the signing of this Agreement, the Special representatives of the parties shall develop a procedure and budget to ensure the smooth and stable functioning of the provisional measures process.
   
   Schedule and Budget
10. The parties agree as follows with respect to the time-frame:
    the schedule to complete the works contemplated by the Trilateral Agreement along with the negociations provided herein (section 7) shall be determined by the Special representatives of the parties without exceeding a maximum of two years after agreement on a workplan and budget.
    
11. The budget for office and technical costs related to phases Two and Three shall be developed by the Special representatives of the three parties to the Trilateral Agreement.
    
12. The representation costs incurred in the negociations are assumed by each of the parties, as provided in the Trilateral Agreement.
    
13. This Agreement shall be in force when signed by both parties.