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Native American Rights Fund [1]; National Indian Law Library [2]; Indian Law Resource Center [3]; Indian Law Research Guides [4]; National Tribal Justice Resource Center [5]; Native American Law Research Guide (Georgetown Law Library) [6]
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.
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. [1] Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups.
To protect indigenous land rights, special rules are sometimes created to protect the areas they live in. In other cases, governments establish "reserves" with the intention of segregation . Some indigenous peoples live in places where their right to land is not recognised, or not effectively protected.
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
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.
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.
The First Nations Governance Act was a legislative initiative proposed by the Government of Canada in 2002 to reform the country's Indian Act. Introduced by Robert Nault , then the minister of Indian affairs , it was met with opposition from several indigenous groups and, despite its name, was never passed into law.