What is the difference between comprehensive land claims and specific land claims?

What is the difference between comprehensive land claims and specific land claims?

Comprehensive claims are based on Aboriginal peoples’ traditional use and occupancy of the land. Specific claims are based on assertions that the government failed to deliver specific obligations under treaties, other agreements, or the Indian Act.

What is the importance of specific land claims?

Specific claim settlements help to right past wrongs, renew relationships and advance reconciliation in a way that respects the rights of First Nations and all Canadians. The Government of Canada has a policy and process in place for addressing specific claims through negotiations with First Nations.

What is an example of a land claim?

Specific Claims Types of claims include the inadequate allocation of reserve land, the failure to protect reserve land from unlawful disposition or lease, fraud on the part of government employees, and the misadministration of First Nations’ funds and other assets.

What are specific land claims what rights do they involve?

The Policy. The term “specific claims,” generally, refers to claims made by a First Nation against the federal government which relate to the administration of land and other First Nation assets and to the fulfilment of Indian treaties, although the treaties themselves are not open to renegotiation.

What is a land claim settlement?

March 2, 2015. Last Edited. July 17, 2019. Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other …

What is the significance of the Calder decision?

The Supreme Court’s 1973 decision was the first time that the Canadian legal system acknowledged the existence of Aboriginal title to land and that such title existed outside of, and was not simply derived from, colonial law.

What is a specific claim in writing?

A claim must be arguable but stated as a fact. It must be debatable with inquiry and evidence; it is not a personal opinion or feeling. A claim defines your writing’s goals, direction, and scope. A good claim is specific and asserts a focused argument.

What are Section 35 rights?

Section 35 of the Constitution Act states: 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.

What was the Hawthorn report?

Hawthorn to investigate the social conditions of Aboriginal peoples across Canada. In his report, A Survey of the Contemporary Indians of Canada: Economic, Political, Educational Needs and Policies, Hawthorn concluded that Aboriginal peoples were Canada’s most disadvantaged and marginalized population.

How was the parcel of land allotted to the Mistawasis selected?

When chief Mistawasis entered into treaty, the parcel of the land that was allotted was selected because it contained good timber and good farmland with abundant wildlife, Chief Mistawasis understood that entering into treaty and selecting his reserve did not limit his peoples freedom of movement on and off…

How was the money spent on the Mistawasis?

The farm instructor and the Department of Indian Affairs made decisions on how the money was to be spent. Funds were used for educational and medical costs for Mistawasis members which was contrary to our interpretation of Treaty 6. These funds were also used to purchase fencing material, cattle and building materal who the Band did not authorize.

What happens to First Nations land after a settlement?

If land changes hands after a settlement, this can only happen on a willing-buyer/willing-seller basis. Specific claim settlements involving land give First Nations the opportunity to buy land on the open market or use transferred provincial Crown lands and add those lands to their reserves.

Can private property be taken away to settle claims?

Private property is not taken away from anyone to settle specific claims. Nor is anyone asked to sell their land unwillingly. If land changes hands after a settlement, this can only happen on a willing-buyer/willing-seller basis.