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The Passamaquoddy (1975), Narragansett I and II (1976), and Mohegan (1980, 1982) cases occurred in the U.S. Supreme Court's Oneida I (1974) decision, which held that there was federal subject-matter jurisdiction for such claims. The Florida Indian (Miccosukee) Land Claims Settlement and Florida Indian (Seminole) Land Claims Settlement relate to ...
In Michigan, three main groups organizing through the 1930s and 1940s were the Michigan Indian Defense Association (1933), the Michigan Indian Foundation (1941), and the Northern Michigan Ottawa Association (NMOA) (1948). The Little Traverse Bay Bands of Odawa was known as the NMOA, Unit 1, as there were other bands represented in this group.
Historic treaties promised Indigenous peoples reserve land, the government paid schools and teachers on reserves, hunting and fishing rights on unoccupied Crown land, and one-time benefits (such as farm equipment and animals, ammunition, and clothing). [20] The most notable historic treaties include the Numbered Treaties 1-11. These were used ...
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 ...
The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the party in default could be sued for breach of that contract.
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]
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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]