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Topic: Aboriginal land claims

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	Ontario Secretariat for Aboriginal Affairs - About Land Claims
		A land claim is a formal statement submitted to the federal and/or provincial government in which an Aboriginal community most often asserts that the Crown has not lived up to its commitments or obligations with respect to Aboriginal or treaty rights pertaining to land.
		Most land claims in Ontario arise from assertions by First Nations that promises made by the Crown in the treaties, especially promises with respect to land, were not honoured, or that there were misunderstandings or irregularities in the process of making or implementing the treaty.
		The Resolution of Land Claims in Ontario, A Background Paper was prepared by ONAS and presented to the Ipperwash Inquiry to assist in the Inquiry's examination of land claim policy and practice in the province.
	www.aboriginalaffairs.osaa.gov.on.ca /english/negotiate/about.htm (1765 words)

	CONTEMPORARY ABORIGINAL ISSUES: HEALTH (Site not responding. Last check: 2007-10-13)
		As a result, many aboriginal peoples have sought return of their land (or compensation) in the courts, in Parliament and in land claims negotiations.
		Rectifying historic injustices, through the settlement of aboriginal land claims, is vital for the well-being of all Canadians.
		There are dozens of aboriginal men and women sitting at the blockade, with signs which state they are demanding resolution of their land claim.
	www.schoolnet.ca /aboriginal/issues/claims-e.html (1977 words)

	Ontario Secretariat for Aboriginal Affairs - Ontario's Approach to Aboriginal Land Claims
		A land claim as defined by Ontario is a formal statement submitted to the federal and/or provincial government in which an Aboriginal community most often asserts that the Crown has not lived up to its commitments or obligations with respect to Aboriginal or treaty rights pertaining to land.
		The issues in Ontario land claims usually concern the meaning of original treaty agreements, the extent to which treaty commitments have been honoured and how to provide redress in cases where treaty commitments were breached.
		Ontario Secretariat for Aboriginal Affairs has a "fast-track" process that applies only to claims where: Ontario's share of any compensation is less than $1 million, no land is claimed as compensation, and the documentation provided by the claimant to support the claim is adequate to demonstrate that the issues raised are clear and relatively uncomplicated.
	www.nativeaffairs.jus.gov.on.ca /english/negotiate/approach.htm (1220 words)

	Untitled Document
		Aboriginal claims to traditionally inhabited land, which consist of demands that the majority white culture recognize Aborigines' rights as the original inhabitants, have emerged at the forefront of a national debate.
		The Aborigines' land claims, however, present complex legal questions, such as whether native title can be recognized without threatening private interests in the land that have evolved in Australia over the past 200 years.
		Aborigines sought to have native title land claims validated and to protect sacred land from being despoiled by mining and other activities.
	www.wcl.american.edu /hrbrief/v6i3/aboriginal.htm (2515 words)

	Aboriginal Self-Government (96-2e) (Site not responding. Last check: 2007-10-13)
		Aboriginal peoples do not seek to be granted self-government by Canadian governments, but rather to have Canadians recognize that Aboriginal governments existed long before the arrival of Europeans and to establish the conditions that would permit the revival of their governments.
		Aboriginal organizations have argued that the inherent right of self-government is an aspect of the right of self-determination recognized in the United Nations Charter and in the Draft Declaration of the Rights of Indigenous Peoples.
		For groups without a land base, the government is prepared to consider forms of public government, the devolution of programs and services, the development of institutions providing services, and arrangements in those subject matters where it is feasible to exercise authority in the absence of a land base.
	www.parl.gc.ca /information/library/PRBpubs/962-e.htm (5581 words)

	Aboriginal Title to the Forest
		Aboriginal title may include the right to exploit the land, by extracting its minerals, timber, oil and gas.
		The exact nature of this right is still uncertain, and aboriginal claims to these will be analyzed on a case by case basis.
		The court has made it clear that an aboriginal right to land is not restricted to the traditional aboriginal uses of the land, such as hunting and fishing.
	www.gibraltarlawgroup.com /aboriginal_article.html (603 words)

	ABORIGINAL LAND CLAIMS - AN AUSTRALIAN PERSPECTIVE, Brennan J
		Universal ownership of land by the Crown allowed the adoption of the feudal doctrine of tenure - a basic doctrine of the common law of real property - whereby all private ownership of land was held to depend ultimately on a Crown grant
		except where a lease or licence of a particular parcel of land is granted or issued for specified purposes with the consent of the Aboriginal Land Council for the area and with the assent of the traditional owners of the land
		The modern development of Australian law governing Aboriginal title to land is part of that post-colonial jurisprudence that has been developed in other countries to protect the relationship between the descendants of the indigenous inhabitants and their traditional lands.
	www.hcourt.gov.au /speeches/brennanj/brennanj_canada.htm (1921 words)

	Labrador Inuit Land Claims
		The claims on the short list are considered by the federal government as those most likely to be successfully negotiated; those in which a settlement of claims in the disputed area is a priority; and those in which a provincial government is willing to become involved.
		For example, it states that, with the exception of the territories, most lands and resources fall into provincial jurisdiction; and, therefore, the participation of provincial governments in negotiation of native land claims is essential to settlements involving areas of provincial jurisdiction or provincial lands and resources.
		The fact that a claim can be "under active negotiation" for almost four years without a formal negotiation session ever having been convened must be a daunting prospect to all who are waiting to negotiate, and who find that the settlement of aboriginal land claims is a priority on the national agenda.
	www.carc.org /pubs/v18no2/3.htm (4230 words)

	Capetown Conference on Land Tenure Issues: 53. Plaice, Evie (Site not responding. Last check: 2007-10-13)
		The control of land is usually a prerequisite for a group's self-determination: to be able to live the way of life of your ancestors, of your cultural choice, requires access to and control of land.
		Aboriginal groups governed by the Act were required to form bands, elect chiefs and councils who were to be the spokespeople of the group in government dealings.
		The land claims process initiated in 1974 is in many ways a modern version of the treaties of the earlier part of the century: a proved aboriginal claim to the land is extinguished in return for reserves, services and money.
	www.mekonginfo.org /mrc/html/capetown/cape53.htm (6551 words)

	Aboriginal Land - NSW Department of Lands (Site not responding. Last check: 2007-10-13)
		Native Title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs.
		Through the NSW Aboriginal Land Rights Act 1983, vacant Crown land not required for an essential purpose or for residential land, is returned to Aboriginal people.
		Aboriginal land rights aim to redress past injustices when Aboriginal people were dispossessed of their land by colonisation.
	www.lands.nsw.gov.au /land_management/aboriginal_land (180 words)

	Warumungu 20 1 (Site not responding. Last check: 2007-10-13)
		"Aboriginal land claims" cast in terms of Canberra based legislation such as the Aboriginal Land Rights (NT) Act are not Aboriginal land claims.
		In the back-to-front land of modern Oz, they are non-Aboriginal land claims in reverse.
		It is not surprising then that the claims which First Peoples themselves make are, in my experience, of a very different character to the sort of things which the "Act" allows.
	members.optusnet.com.au /~reyburn (227 words)

	25/09/95 -- News: Aboriginal Land Claims Discussed at SFU Forum
		At a forum on aboriginal land claims held at SFU on September 19, Joe Gosnell, president of the Nisga'a Tribal Council, and Gerry Thorne, a treaty negotiator for the provincial Ministry of Aboriginal Affairs, agreed that the Nisga'a treaty should be completed within the next month.
		The province argued that native title to the land had been extinguished through settlement and homestead law, a position known as the "weight of history argument." Though the Nisga'a lost the case on a technicality, the Court ruled that aboriginal rights had not been extinguished.
		Both Gosnell and Tom Paul, land claim coordinator for the Sechelt Indian Band, emphasized that the purpose that the purpose of treaty settlements is self-sufficiency for aboriginal peoples.
	www.peak.sfu.ca /the-peak/95-3/issue4/aborig.html (809 words)

	A Brief to the UN Committee on the Elimination of Racial Discrimination
		Moreover, it could create a situation where smaller claims are given priority over larger ones, compromising the capacity of First Nations to achieve their full potential with more substantial claims that would enhance significantly a community's capacity to implement its right to self-determination.
		Often, the land base that remains with the Aboriginal community is insufficient to allow Aboriginal peoples to promote their right to development and self-determination and for this reason many communities refuse to participate in the federal comprehensive claims negotiation process.
		For their part, Aboriginal peoples continue to seek a process where Aboriginal title and rights to land are acknowledged, and where resource revenue sharing is a consequence of negotiating treaties with governments.
	www.kairoscanada.org /e/aboriginal/unbrief(0208-racdis).asp (1707 words)

	The Alaska Native Claims Settlement Act: Conflict or Controversy
		Pending land claims by Alaska Natives were extinguished by the Alaska Native Claims Settlement Act of 1971.
		Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress.
		All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished.
	www.alaskool.org /projects/ancsa/ARTICLES/mthomas/ANCSA_Conflict.htm (4594 words)

	Landmark Case to Decide BC Aboriginal Land Claims
		The "Delgamuukw" land title case is the result of two decades of legal action by the Gitksan tribe of British Columbia to reclaim 30,000 square kilometers of ancestral land.
		The factum also states that native land claims must be excepted from European-based legal standards.
		The Skeena River is a major waterway and historic route for a tribe who, according to scientific and folkloric evidence, inhabited the land 3,500 years ago.
	perc.ca /PEN/1997-05-06/s-mills.html (953 words)

	NSW Land Claims - [1985] AboriginalLB 56; 1(15)pg11
		It is in the Crown Lands Department that a claim is verified as claimable or not.
		In addition under s.36(1) of the Act the Minister for Lands must decide, after briefing from her department, if the claimed land may be needed for 'an essential public purpose'.
		The Crown Lands Departments activity in relation to Aboriginal claims is co-ordinated from the NSW Aboriginal Claims Unit, housed in the old sandstone Lands Department building in Bridge Street, Sydney near the Quay.
	www.austlii.edu.au /au/journals/AboriginalLB/1985/56.html (486 words)

	Settling Land Claims (PRB 99-17E) (Site not responding. Last check: 2007-10-13)
		Comprehensive land claims are based on the assertion of continuing Aboriginal rights and title that have not been dealt with by treaty or other legal means in areas such as British Columbia.
		In August 1998, the longstanding land claim of the Nisga’a Nation was settled when representatives of the Nisga’a Tribal Council and the governments of Canada and British Columbia initialled the Nisga’a Final Agreement.
		Comprehensive land claim negotiations are also underway with the Treaty 8 Dene, the Atikamekw and Montagnais First Nations, the Inuit of Northern Quebec, the Innu Nation, the Algonquins of Pikwakanagan and seven remaining Yukon First Nations.
	www.parl.gc.ca /information/library/PRBpubs/prb9917-e.htm (988 words)

	Platform 2006: Aboriginal Peoples - Green Party of Canada (Site not responding. Last check: 2007-10-13)
		In Manitoba, 50 per cent of the prison population is made up of Aboriginals even though only 12 per cent of the population is native.
		The future of Aboriginal land and Aboriginal land claims is the future of Canada's environment.
		Launch and maintain new processes driven by Aboriginal priorities and legal entitlements, to address governance issues, a just and fair share of lands and resources, legislative inconsistencies, policy inequities, reconciliation and - according to the wishes of First Nations - the phased-out elimination of the Indian Act.
	www.greenparty.ca /aboriginal_peoples.html (439 words)

	Unit 2 ABORIGINAL PEOPLE, ECONOMIC DEVELOPMENT AND ENTREPRENEURSHIP
		What will emerge is a sense of the Aboriginal view of the relationship between self-government and control of traditional lands, economic and business development, economic self-sufficiency, and finally dependency.
		What will emerge is a sense of the Aboriginal view of the relationship between self-government and control of traditional lands, economic and business development, economic self-sufficiency and an end to dependency.
		In Module 2.2, we will investigate the approach to economic development that has emerged among Aboriginal people as a result of their view of the relationship between self-government and control of traditional lands, economic and business development, economic self-sufficiency and an end to dependency.
	www.captus.com /Information/demo-ab-u02.htm (785 words)

	Aboriginal Language Service - Land Claims & Implementation Secretariat, Executive Council Office, Government of ...
		Aboriginal Language Service unit is a part of the Land Claims and Implementation Secretariat/First Nations Relations branch, which is part of the Yukon governmentâs Executive Council Office.
		The Aboriginal Language Service unit is responsible for funding Yukon First Nations' community-based language projects that help preserve, develop and enhance the Aboriginal languages of the Yukon.
		This assessment was undertaken by the Aboriginal Language Service unit as a means to meeting its commitments as required under the terms and conditions of the Canada-Yukon Cooperation Agreement for Aboriginal Languages, for the period of 1998-2003.
	www.eco.gov.yk.ca /landclaims/abservice.html (356 words)

	Aboriginal Land Claims Negotiations Update - Gook (Site not responding. Last check: 2007-10-13)
		The last two months have seen many developments concerning the land question in B.C., from the B.C. Treaty Commission acceptance of the Statement of Intent from First Nations on Dec. 15, 1993 to the ongoing blockades in different parts of the province.
		Due to the change in government and the recent appointment of the Minister of Indian Affairs and Northern Development, Ron Irwin, it is as yet too early to determine the effect on the land claims negotiations.
		Hopefully the importance of interim measures for the protection of options regarding land claims negotiations and First Nations control will be similarly recognized when dealing with other land use values.
	www.bcen.bc.ca /bcerart/Vol5/aborigin.htm (511 words)

	Australian Aboriginal Dreamings (Site not responding. Last check: 2007-10-13)
		The Aboriginal Dreamtime or Dreaming is at the source, she who is receiving the words of Creation.
		Whilst much information of Aboriginal cosmologies reamins outside of the public domain, the following are some quotes from Australina Aboriginal land claims that provide a little insight.
		The landscape does not consist of inert matter, but is a manifestation of the continuing presence of beings who are the protagonists in traditional stories, and whose exploits provide an explicit pattern for ceremonies and an implicit scheme of reference for everyday life......
	members.ozemail.com.au /~moorea/aboriginal_dreamings.html (637 words)

	Labrador and Aboriginal Affairs - Land Claims - Interim Measures Agreement
		The proposal will address techniques to minimize the risk of polar bears being killed as a result of encounters with tourists, prospectors and others entering the zone for purposes of work or recreation and may include the establishment of avoidance guidelines, the use of deterrents and the posting of bonds.
		On August 28, 1992 the Director of Wildlife issued an operational bulletin to all staff of the Wildlife Division outlining the procedures for investigation to be used by enforcement officers in the field.
		If evidence of the aboriginal persons affiliation is not produced, appropriate arrangements should be made to give the aboriginal persons the opportunity to provide the information.
	www.laa.gov.nl.ca /laa/interimmeasures/measuresagreement.htm (3855 words)

	First Nations Treaties, Law, and Land Claims Theme Page
		The Indian Claims Commission is an independent, federal body to inquire into and report on disputes between First Nations and the Government of Canada relating to claims based on treaties, agreements or administrative actions.
		The Gitanyow's claim to these territories was accepted for negotiation in 1994 by both the federal and provincial governments.
		As noted in the Web site, "the Gitanyow have long disputed the Nisga'a claim to about 84% of the Gitanyow territory." This site has information on the Gitanyow's history, territory, and treaty news that could be useful to students researching the Nass Valley treaty process.
	www.cln.org /themes/fn_treaties.html (693 words)

	Welcome to the BC Treaty Commission
		October 25, 2006: Finally, recognition of aboriginal rights, title.The legacy of the first colonial government’s inaction on treaty making is the small reserves we see today protecting indigenous village sites and surrounding lands.
		In fact, aboriginal people were for a long time systemically excluded from the commercial fishery in British Columbia.
		The Nisga'a people have a long history of seeking to negotiate their way into Canada, of wanting to become full participants in the social, political and economic life of the country.
	www.bctreaty.net (344 words)

	Letter: Aboriginal land claims - 1 July, 2000
		My observation of Aboriginal people as a priest of the Archdiocese of Canberra and Goulburn for 59 years, is that they care little for what happened to their ancestors but they, like their fellow white Australians, are concerned about their day-to-day problems of living.
		Their ancestors had their land taken from them, but so did many of their fellow white Australians who were dispossessed of their land in many countries overseas.
		We don’t hear the Irish, the English or the Italians in Australia moaning of how their ancestors were robbed of land in centuries gone by.
	www.newsweekly.com.au /articles/2000jul1_let.html (299 words)

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