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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. [3 ...
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.
With this decision the government of Canada overhauled much of the land claim negotiation process with aboriginal peoples. The basis for aboriginal title was later expanded on in Guerin v The Queen, [1984] 2 SCR 335, Delgamuukw v British Columbia, [1997] 3 SCR 1010, and most recently in Tsilhqot'in Nation v British Columbia, [2014] 2 SCR 257, 2014 SCC 44 (CanLII).
The land-claim settlement was the first formal modern day comprehensive treaty in the province— [1] the first signed by a First Nation in British Columbia since the Douglas Treaties in 1854 (pertaining to areas on Vancouver Island) and Treaty 8 in 1899 (pertaining to northeastern British Columbia). The agreement gives the Nisga'a control over ...
The agreement includes recognizing Sahtu Dene and Metis ownership of 41,437 km² of land in the Mackenzie River Valley. This includes subsurface or mineral rights to 1,813 km² of land. The Government of Canada agreed to negotiate self-government agreements on a community by community basis with the five Sahtu communities of Colville Lake ...
The major amendments in 1995 and 1996 were alterations to different official event dates. Articles 5.4.2, 5.6.25, 8.2.2, 8.2.3, and 35.5.7 of the Nunavut Land Claims Agreement were changed. On March 1, 2002, schedule 29-3 (negotiation loans payment) of the Nunavut Land Claims Agreement was replaced. [6]
Co-management arrangements in Canada between Crown governments and Indigenous groups have historically arisen out of comprehensive land claims settlements (modern treaties), [4] crisis resolution processes (i.e. over resource disputes), and more recently out of growing legal recognition of Indigenous right through supreme court jurisprudence, such as the 1999 Sparrow ruling. [1]
The chiefs claimed the land, by virtue of their aboriginal rights, and sought to prevent the construction of the proposed Mackenzie Valley Pipeline. The territorial government referred the caveat to the Supreme Court of the Northwest Territories. Justice William Morrow, the only sitting judge of that court at the time, held a six-week hearing ...
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