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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.
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 ...
Equal representation of Inuit with the government on a new set of wildlife management, resource management and environmental boards; [3] In addition to creating management and advisory groups, and making various financial considerations, the NLCA gave the Inuit of Nunavut title to approximately 350,000 km 2 (140,000 sq mi) of land, of which, 35,257 km 2 (13,613 sq mi) include mineral rights; [3]
Specific claims; Treaty rights; ... (also called comprehensive land claim agreements) since 1975. ... participation in land use and management in specific areas, and ...
A land claim is "the pursuit of recognized territorial ownership by a group or individual". [1] The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims.
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 ...
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).
This was the second time the Supreme Court had granted certiorari to the Oneida's land claim. Over a decade earlier, in Oneida Indian Nation of New York v.County of Oneida (1974), the Supreme Court had allowed the same suit to proceed by unanimously holding that there was federal subject-matter jurisdiction to hear the claim. [2]