Professional Documents
Culture Documents
Overview of Presentation on
Comprehensive Claims
Background to
CCP/Aboriginal Title
Law vs. Policy
Update on CCP/Eyford
Report (AFN/AFNQL)
3 Classes of Aboriginal Title
First Nations
Aboriginal Title Alliance
Background to
Comprehensive Claims
Policy/Aboriginal Title
Background to CCP
The first time the Supreme Court of Canada (SCC)
ruled on Aboriginal title in Canada was 42 years
ago (1973), in the Calder case.
The Nisgaa Tribe lost the Calder case.
The Court ruled in favor of Aboriginal title; but the
bench was split on whether Aboriginal title was
extinguished three for, and three against
The 7th ruled against the Nisgaa on a
technicality.
Evolution of CCP
1983 Amended
Section 35
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 Mtis peoples of
Canada.
(3) For greater certainty, in subsection (1) "treaty
rights" includes rights that now exist by way of land
claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act,
the aboriginal and treaty rights referred to in
subsection (1) are guaranteed equally to male and
female persons.
14
15
16
17
Reconciliation:
In short, the Supreme Court of Canada has
recognized that Aboriginal title is a real property
right, and that has a value. The Court has also
recognized that other governments must justify
any infringement of that property right, and
reconcile the assertion of Crown title with the
reality of Aboriginal title.
20
21
FEDERAL INTERIM
CCP/SECTION 35 POLICY
23
24
25
28
Extinguishment of Aboriginal
Title Legal Techniques
International Human
Rights Bodies/Standards
Eyford Report on
Comprehensive Claims
Policy
Released April 2, 2015
36
Douglas Eyford
appointed Ministerial
Special Representative
in Sept. 2014.
Eyford Engagement
process announced
Sept. 2014.
Engagement Report
with 47
Recommendations
released on April 2,
2015.
EYFORD REPORT
14 Comprehensive land
claims negotiations outside
of British Columbia.
8 Trans-boundary (NWT &
Nunavut) negotiation tables.
53 Negotiation tables in the
British Columbia treaty
process.
EYFORD REPORT
Most Recommendations
deal with First Nations in
negotiations or settlements
under the CCP.
Two Recommendations # 8
and #11 offer an alternative
to CCP:
Eyford Report
Alternative to CCP
#8 Canada should continue its
discussions with the Tsilhqot'in National
Government about a range of bilateral
or tripartite agreements outside the BC
treaty process.
#11 Canada should develop an
alternative approach for modern treaty
negotiations, one informed by the
recognition of existing Aboriginal rights,
including title, in areas where Aboriginal
title can be conclusively demonstrated.
First Nations
with Modern Treaties
JBNQA
Post-JBNQA: Original 6
Actively Extinguishing
Groups in 1990
Nishga
Council for Yukon Indians
Dene-Metis
Inuit Tapirisat of Canada
Conseil Attikamek-Montagnais
Labador Inuit Association
First Nations in
Negotiations Under CCP
BC Region
BCTC Negotiations
ED JOHN
CHERYL CASIMER
ROBERT PHILLIPS
Atlantic Region
Mi'kmaq of Prince Edward Island Comprehensive Land Claim with SelfGovernment - Exploratory Discussions.
Mi'kmaq of Nova Scotia - Comprehensive
Land Claim with Self-Government Agreement-in-Principle
Mi'kmaq & Maliseet of New Brunswick Comprehensive Land Claim with SelfGovernment - Framework Agreement.
NOTE: These tables are categorized as comprehensive land
claim negotiations because they have the dual focus of
bringing clarity to Aboriginal rights and implementing the
historic Peace and Friendship Treaties of 17601761. The
negotiated agreements will honour historic treaty rights.
Algonquins of Ontario
60
61
62
64
65
66
MITCHIKANIBIKOK INIK
Rapid Lake
Community
Quebec
Traditional Management
Areas
69
CONCLUSION
74
Conclusion
75