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To settle specific claims, the Government of Canada does not take away land from third parties; [1] rather, the government typically resolves specific claims by negotiating a monetary compensation for the breach with the band government, and in exchange, they require the extinguishment of the First Nations' rights to the land in question.
] Explanations for this overrepresentation include historical injustices – and the contemporary outcomes which are results of that history – faced by Indigenous peoples, as well as structural issues within the current criminal justice system itself. These issues include over-policing, ineffective representation in court, inadequate ...
Specific claims are longstanding land claims disputes pertaining to Canada's legal obligations to indigenous communities. They are related to the administration of lands and other First Nations assets by the Government of Canada, or breaches of treaty obligations or of any other agreements between First Nations and the Crown by the government of Canada.
Canada's federal government introduced a bill on Thursday aimed at addressing what the justice minister called a "shameful" over-representation of Black and indigenous people in the criminal ...
In 2015, Supreme Court Chief Justice Beverly McLachlin said that Canada's historical treatment of Indigenous peoples was "cultural genocide". [165] In October 2022, the House of Commons unanimously passed a motion to have the Canadian government officially recognize the residential school system as genocide against Indigenous populations.
Throughout Canada, a number of courts have been created that deal specifically with these forms of justice. These courts divert matters from the traditional criminal justice system within Canada. They are variously known as Indigenous courts, First Nations courts, Gladue courts, [25] [26] or Aboriginal courts. [27] [28]
The Royal Commission on Aboriginal Peoples was a royal commission undertaken by the Government of Canada in 1991 to address issues of the Indigenous peoples of Canada. [151] It assessed past government policies toward Indigenous people, such as residential schools, and provided policy recommendations to the government. [ 152 ]
The Canadian government has gradually favoured "indigenization" of the system. Kahnawake used section 107 of the Indian Act to nominate community members as justices of the peace, and in 1974 Justice Sharron was appointed as the first justice of the peace at the reserve. Many of the cases have dealt with traffic and parking violations, but her ...