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Comprehensive Land Claims

Most claims in Canada, apart from those in litigation, are settled either under the "comprehensive claims policy" or the "specific claims policy". Other aboriginal claims are being negotiated and settled under the B.C. treaty process or through separate treaty negotiations that resulted, for example, in the Nisga'a Treaty. Unlike specific claims, comprehensive claims involve issues of aboriginal rights and title that have not been extinguished or addressed in a comprehensive way by treaty or other agreement. The objective of settling comprehensive claims (modern treaties) is to create certainty and clarity in relation to rights of ownership and use of lands and resources for all parties. A comprehensive settlement includes constitutional recognition of a package of rights that encompass such things as land and fisheries ownership, wildlife harvesting rights, wildlife and resource management, resource revenue sharing, compensation, environmental protection, economic development opportunities, implementation processes and, in some cases, inclusive or separate self-government agreements. Since 1973, there have been a total of 23 claims settled.

Canada Comprehensive Land Claims Process

Comprehensive claims are negotiated with the comprehensive claims branch of Aboriginal Affairs and Northern Development through a six stage process:

  • Submission of claim – evidence of claim based on legal principles, documentary record and index, number of bands involved, geographical area of traditional use and occupation, population of aboriginal groups and process for dealing with overlapping interests.
  • Acceptance of claim by Minister – after lengthy internal review and advice from Minister of Justice.
  • Framework Agreement – sets out the subject matters that will be negotiated.
  • Agreement in Principle (AIP) – sets out the most important principles agreed to and lays out the implementation and ratification process that form part of the Final Agreement.
  • Final Agreement and Ratification
  • Implementation – finalizing process for implementing Final Agreement provisions

Some of the comprehensive claims settled are the James Bay and Northern Quebec Final Agreement (1975); Inuvialuit Final Agreement (1984); Nunavut Final Agreement (1993); Yukon Umbrella Final Agreement (1993); Sahtu Dene and Metis Final Agreement (1994); Gwich'in Final Agreement (1992); Tlicho Final Agreement (2005); Labrador Inuit Final Agreement (2005); and Nunavik Inuit Final Agreement (2008).

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British Columbia Treaty Process

In September of 1992, Prime Minister Mulroney, provincial Premier Harcourt and leaders of the First Nation's Summit met in Squamish to sign the agreement establishing the British Columbia treaty process. Under this unique claims process the federal government does not accept or reject comprehensive claims. This is because both the federal and provincial governments agree that most of British Columbia is encumbered with unextinguished aboriginal rights and title. It is the British Columbia Treaty Commission (BCTC) that oversees the process by facilitating negotiations, arranging funding, educating and informing the public. It oversees a six stage treaty claim process.

  • Statement of Intent to Negotiate – which identifies who the First Nation represents, the mandate to enter the treaty process, the geographical area of traditional territory and any overlaps.
  • Readiness to negotiate – identifying commitment to negotiate, who the negotiators are, resources available to conduct the negotiations and ratification procedure.
  • Framework Agreement – sets out the subject matters that will be negotiated.
  • Agreement in Principle (AIP) – sets out the most important principles agreed to and lays out the implementation and ratification process that form part of the Final Agreement.
  • Final Agreement and Ratification
  • Implementation – finalizing process for implementing Final Agreement provisions

The Tsawwassen First Nation Final Agreement (2007) and the Maa-nulth First Nation Final Agreement (2009) were settled under the B.C. treaty process. The Lheidli T'enneh First Nation and the Yale First Nation have reached final agreements that have not yet been ratified. The In-SHUCK-ch, Sliammon and Yekooche First Nations have concluded their AIP's. The Nisga'a Final Agreement (1998) was concluded outside the B.C. Treaty process. After almost two decades, many concerns have been raised about the success, costs and effectiveness of this process to resolve aboriginal title claims in a comprehensive manner satisfactory to all parties, particularly First Nations.

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Contact Knoll & Co. Law Corporation for more information.