Proposed Deregulation of the Garden Islands from Lake of the Woods Conservation Reserve to Support Washagamis Bay First Nation Garden Islands Reserve Land Claim

Washagamis Bay First Nation (formerly Obashkaandagaang First Nation) is collaborating with the governments of Ontario and Canada to resolve a pending land claim through negotiation. Washagamis Bay First Nation is a signatory to Treaty 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 in the Lake of the Woods, that were used as gardening sites, were not set apart and confirmed as reserve for Washagamis Bay First Nation as they should have been under the terms of Treaty No. 3.

Further details about this claim are available through the links below.

As part of the resolution of this claim, Ontario is proposing to deregulate ten islands, approximately 67 hectares, from Lake of the Woods Conservation Reserve. These lands would be deregulated from Lake of the Woods Conservation Reserve through an amendment to Ontario Regulation 315/07 to enable the lands to be transferred to Canada for addition to Washagamis Bay First Nation’s reserve.

The goal of this process is to conclude a fair and final settlement that will resolve longstanding issues and foster reconciliation.

Lake of the Woods Conservation Reserve

Lake of the Woods Conservation Reserve is a 45,960-hectare conservation reserve that includes the provincial lands above water on most of the thousands of islands in Lake of the Woods, as well as portions of the eastern and western peninsulas. This conservation reserve is located in Treaty 3 (1873). Portions of the conservation reserve are within the Townships of Sioux Narrows / Nestor Falls and Lake of the Woods.

The lands proposed for deregulation and transfer include ten islands or about 67 hectares, which is about 0.15% of the conservation reserve’s total area. The islands are located at the north end of the conservation reserve, west of Corkscrew Island in Clearwater Bay and at the mouth of White Partridge Bay.

Proposed regulation changes to remove land

To remove land from the conservation reserve, the MECP proposes amending Ontario Regulation 315/07: Designation of Conservation Reserves under the Provincial Parks and Conservation Reserves Act, 2006.

The amendment will revise Schedule 286 to:

• reduce the size of Lake of the Woods Conservation Reserve
• describe the conservation reserve’s location, excluding the lands to be removed.

If the lands are deregulated from the conservation reserve, they would be managed to facilitate interim protection until the lands are transferred.

Regulatory Impact Analysis

The ministry does not anticipate any costs or impacts to regulated entities from the removal of the selected lands from Lake of the Woods Conservation Reserve.

Amending O. Reg. 315/07 is required to deregulate the land from the conservation reserve.

Other public consultation opportunities

The Ministry of Indigenous Affairs and First Nations Economic Reconciliation (IAFNER) is in charge of broad consultations with Indigenous communities, stakeholders (e.g., municipalities, tourism operators, special interest groups), and members of the public about Washagamis Bay First Nation’s reserve claim. This includes consultations on the Proposed Settlement Lands that Ontario is considering for transfer, which includes these specific islands in Lake of the Woods Conservation Reserve.

For more information about Washagamis Bay First Nation’s reserve claim and the Proposed Settlement Lands, please contact:

Marsha Moshinsky, Negotiator
Ministry of Indigenous Affairs and First Nations Economic Reconciliation
160 Bloor Street East, 9th Floor
Toronto, Ontario M7A 2E6
Tel: 416-920-3636
E-mail: WBFNGardenIslands@ontario.ca