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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]
Royal Proclamation of 1763. The Royal Proclamation of 1763, issued by King George III, is considered one of the most important treaties in Canada between Europeans and Indigenous peoples, establishing the relationship between Indigenous peoples and the Crown, which recognized Indigenous peoples rights, as well as defining the treaty making process, which is still used in Canada today. [7]
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". [ 8 ]
In 1956, the Government of Canada purchased 6 km 2 (1,500 acres) of the land previously owned by the Sulpicians for the Mohawks to live on, but did not grant this land reserve status. [ 12 ] In 1975, the Mohawk Council submitted a comprehensive land claims asserting Aboriginal title to lands along the St. Lawrence River , the Ottawa River and ...
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]
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.
1984 R. v. Guerin 2 S.C.R. 335 was a landmark Supreme Court of Canada decision on aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established aboriginal title to be a sui generis right. The Musqueam Indian band won their case. 1985 Bill C-31.
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.