Tuesday, April 7, 2009

Aboriginal Land Claims

I didn't understand how this worked prior to visiting this website, so now I can summarize it briefly and know for future study reference.

Most land claims involve the federal government, which has primary responsibility over land, unless the claim is involved with natural resources, private property, or historical events giving rise to the claim, then the provincial gov. steps in.

Three types of claims:

Treaty Based Claims: Disagreements about size and location of reserves between the Crown and First Nations. OR problems arising after the negotiation of reserves, like flooding, or taking the land for other purposes like highway construction or railways. (without lawful authority or compensation.)
Aboriginal Title Claims: Based on allegations that lands traditionally used and occupied by Aboriginal people were never surrendered to the Crown by Aboriginal people. A First Nation may claim that a land surrender or treaty was flawed and that the original Aboriginal interest in the land remains.
Surrender for sale of Reserve Land Claims: Arise when a First Nation seeks compensation for, or the return of land that it had surrendered to the Crown for sale so that the payment from the sale could be used for the benefit of the First Nation. Although such land surrenders generally occurred many years ago, the land often remains unsold and unpaid for.

Federal government's responsibility for land claims:
In The Constitution Act of 1867, the federal government was assigned exclusive jurisdiction over "Indians and Lands reserved for the Indians," which includes the power to make treaties with Aboriginal peoples. The provinces were assigned jurisdiction over private property, and the management of Crown lands and natural resources located within a province. In many land claims both federal and provincial jurisdictions are involved.
The courts have determined that the historic relationship between the federal government and Aboriginal peoples, as well as federal jurisdiction for law making in relation to Aboriginals and Aboriginal reserve lands, creates a special trust-like or "fiduciary" relationship with First Nations on the part of the federal government. To a large extent the federal government exercises its fiduciary responsibility for First Nations through the Indian Act.

Good start to understanding how the federal government deals with Aboriginal issues, and where the Provincial government steps in to hold jurisdiction too.

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