Aboriginal land title in Canada facts for kids

In Canada, Aboriginal title is a special right that Indigenous peoples have to their traditional lands. It's called sui generis, which means "one of a kind" or "unique." This right is different from other ways people own land. It's unique because it comes from Indigenous peoples living on and using these lands for a very long time, even before Canada became a country.

Where Aboriginal Title Comes From

Aboriginal title comes from the fact that Indigenous peoples were already living on and using the land before European settlers arrived. The Royal Proclamation of 1763, a document from King George III, recognized that Indigenous peoples had rights to their lands.

At first, some people thought Aboriginal title was a weaker right. But over time, the Supreme Court of Canada made it clear that this right is strong and important. The idea that Canada was "terra nullius" (empty land) before Europeans arrived is wrong. Indigenous peoples were here first, and their connection to the land is very old.

The Supreme Court has explained that Aboriginal title is a "burden" on the Crown's (government's) ownership. This means the government's ownership of land must respect the existing Aboriginal title.

In a key case called Tsilhqot’in Nation v. British Columbia (2014), the Supreme Court said:

Aboriginal title is unique. It comes from the special relationship between the government and the Indigenous group. It's not exactly like other types of land ownership, but it gives Indigenous peoples strong rights to their land.

What Aboriginal Title Means

Aboriginal title gives Indigenous groups two main rights:

• Exclusive Use and Occupation: This means the Indigenous group has the right to use and live on the land. They can decide how the land is used. This isn't just for old traditions like hunting or fishing. It includes using natural resources on and under the land, like trees or minerals. It gives the group the right to manage the land and benefit from its resources.

• Limits on Use: While Indigenous groups have strong rights, there's a limit. The land cannot be used in a way that completely destroys the group's historic connection to it. For example, if the land is important for spiritual reasons, it shouldn't be used in a way that makes those spiritual practices impossible. The use must respect why the land is important to the community.

See also

• Settler Colonialism in Canada
• Declaration on the Rights of Indigenous Peoples