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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.
The Nunavut Land Claims Agreement (NCLA, French: L'Accord sur les revendications territoriales du Nunavut) was signed on May 25, 1993, in Iqaluit, by representatives of the Tunngavik Federation of Nunavut (now Nunavut Tunngavik Incorporated), the Government of Canada and the Government of the Northwest Territories.
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 James Bay and Northern Quebec Agreement (French: Convention de la Baie-James et du Nord québécois) is an Aboriginal land claim settlement, approved in 1975 by the Cree and Inuit of northern Quebec, and later slightly modified in 1978 by the Northeastern Quebec Agreement (French: Accord du Nord-Est québécois), through which Quebec's Naskapi First Nation joined the agreement.
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 Yukon Land Claims refer to the process of negotiating and settling Indigenous land claim agreements in Yukon, Canada between First Nations and the federal government. Based on historic occupancy and use , the First Nations claim basic rights to all the lands.
In 1990, the governments of Canada, B.C. and First Nations established the B.C. Claims Task Force [2] to investigate how treaty negotiations might begin and what they should cover. The following year, the provincial government accepted the concept of Aboriginal rights (including the inherent right to self-government) as official policy.