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First Nations cannot use Aboriginal titles or punitive damages as the basis of their claims. [9] The government of Canada 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 Nation's rights to the land in question. [10]
Canada began accepting specific claims for negotiations in 1973. A federal policy created the Office of Native Claims within the Department of Indian and Northern Affairs to negotiate indigenous land claims, which were divided into two categories: comprehensive claims and specific claims.
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 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 ]
Land claims are negotiated by the Ontario and Canadian governments, as representatives of the Crown, directly with First Nations. Proposed settlements are then presented to the general public. There is no independent body that represents affected Canadian settlers in native land claim negotiations.
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] Tribal Law Gateway [7] Native American Constitution and Law Digitization Project; American Indian Law Center, Inc.
Delgamuukw v British Columbia, [1997] 3 SCR 1010, also known as Delgamuukw v The Queen, Delgamuukw-Gisday’wa, [2] [3] or simply Delgamuukw, is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada.
Grassy Narrows First Nation v Ontario (Natural Resources) [2014] SCR 48, [2014] 2 S.C.R. 447 was a July 11, 2014 decision by the Supreme Court of Canada in case number 35379 in which an appeal made by the Government of Ontario was allowed.