Indigenous land claims in Canada facts for kids
Indigenous peoples like the First Nations, Métis, and Inuit want their traditional land rights and land titles to be respected. These claims about land are big issues for Indigenous peoples and the Canadian government today.
The Canadian government started to officially recognize these land claims in 1973. They divided the claims into two main types: comprehensive claims and specific claims.
Comprehensive claims are about the rights of Indigenous communities who never signed treaties with the government. Specific claims, on the other hand, are made by First Nations communities. They usually happen when Canada might have broken promises from Numbered Treaties, the Indian Act, or other agreements.
Even though these land claims have sometimes been difficult, the Canadian government's view has changed. Since the early 1980s, they've seen these claims as a way to help improve life for Indigenous Canadians.
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Comprehensive Land Claims
Comprehensive claims are when Indigenous groups say they own their traditional lands and territories. This idea of Aboriginal title was first officially recognized in Canadian courts in 1973, after a case called Calder v British Columbia.
After this important court decision, the Canadian government created a process to negotiate these claims. The goal is to sign a "modern treaty." These treaties help confirm Canada's authority over lands that were never given up by Indigenous peoples.
The very first comprehensive land claim agreement was the James Bay and Northern Quebec Agreement in 1975. It was signed by the Inuit of Nunavik, the Cree of Eeyou Istchee, and both the Québec and federal governments. This happened because of the James Bay hydroelectric project. As of 2017, 25 modern treaties have been signed. Also, 140 Indigenous groups are still working to negotiate a comprehensive claim with the federal government.
Specific Land Claims
Specific claims are long-standing disagreements about Canada's legal duties to Indigenous communities. These claims often involve how the Government of Canada managed First Nations' lands or other resources. They can also be about the government breaking treaty promises or other agreements with First Nations.
Sometimes, specific claims are about the government mismanaging Indigenous lands or money under the Indian Act. These claims are based on the government's legal duties to First Nations. First Nations cannot use Aboriginal titles or ask for extra punishment money as part of these claims.
Usually, the Canadian government tries to solve specific claims by offering money to the band government (the local First Nation government). In return, the First Nation is often asked to give up their rights to the land in question.
Canadian Political Parties and Land Claims
Different political parties in Canada have their own ideas about how to improve land claims issues.
Liberal Party of Canada
The Liberal Party of Canada believes that big social changes aren't the best way to help Indigenous communities become more independent. Instead, they suggest other ways for Indigenous peoples to get land back. These include self-government agreements, special agreements between two groups, and the First Nations Land Management Act.
Conservative Party of Canada
When the Conservative Party of Canada was in power in 2012, they showed support for Indigenous issues. They introduced a new law called the First Nations Property Ownership Act. This law was meant to make it easier for Indigenous Canadians to get land claims settled. The goal was to help their businesses and families. This act was part of an effort to start the reconciliation process between the Canadian Government and Indigenous peoples.
New Democratic Party of Canada
The New Democratic Party of Canada (NDP) has many ideas for reconciliation. When it comes to land claims and Indigenous rights, one important idea is a proposed bill. This bill suggests that when the government plans to build on Indigenous land, development must wait. It can only go ahead once the Indigenous peoples of that land have given their free and informed consent.
Bloc Québecois
The Bloc Québecois has less information available about their plans for land claims with Indigenous peoples. Their main focus is more on improving living conditions, education, and access to important services for Indigenous communities.
Green Party of Canada
The Green Party of Canada supports Indigenous land claims. They have shown this by supporting Indigenous citizens during protests, like those against the Trans Mountain pipeline. This pipeline is being built through Indigenous land without proper consent. By encouraging Indigenous Canadians to reclaim their land rights, the Green Party has gained more votes, especially when Indigenous candidates are involved.
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