Final: Comprehensive Claims Flashcards
Why are specific claims made?
1) To deal with grievances of First Nations related to Canada’s obligations under historic treaties.
2) Deal with how government manages First Nation’s funds or other assets.
3) Involve oral agreements that were not previously included in the written text.
4) Deal with claims related to loss of lands from established reserves.
5) Failure to receive land that is promised under treaty.
6) Breach of fiduciary duty.
What is the purpose of the Specific Claims Tribunal Act (Bill C-30)?
To bring fairness to the First Nation process of how claims are processed/handled, and accelerate the resolution of specific claims.
What power does the 6-member Specific Claims Tribunal have?
Will be able to make binding decisions if 1) a claim has been rejected by Canada 2) Canada fails to meet the 3 year time limits for assessing claims 3) after 3 years of unsuccessful negotiations 4) at any stage in the negotiation process if all parties agree.
5) Negotiations are rejected.
The Tribunal does not address what types of claims?
Over $150 million, punitive damages, cultural and spiritual losses, and non-financial compensation.
When was the first federal land claims policy created?
In 1973, as a response to the Calder decision.
Federal Policy entitles?
1) Aboriginal governments and institutions exercising the inherent right to self-government must do so in the framework of the Constitution.
2) Necessary to the roper functioning of the federal government, both Aboriginal and non-Aboriginal governments must develop co-operative and harmonious relationship of laws.
3) The treaty process is to provide jurisdiction and resolve ambiguity over the ownership and use of land and resources.
What are the general terms for modern day treaties?
1) Land
2) Cash
3) Aboriginal control over wildlife in ceded territory
4) Environmental protection
5) Economic participation
6) Measures to protect Aboriginal interests while the claim is being negotiated
7) Self-government
8) Preservation of cultural identity, language, values and lifestyles.
What is the process for completing self-government/comprehensive claim agreements?
1) Submission of claim
2) Acceptance
3) Framework agreement
4) Agreement in principle
5) Final agreement and ratification
6) Implementation
How long do the comprehensive land claims take to reach final agreement?
10 to 30+ years. Average 15 years.
What is the James Bay and Northern Quebec Agreement (JBNQA) of 1975?
The first major agreement between the Crown and the Indigenous people in Canada since the number treaties. Government agreed to recognize Cree right to hunt, fish, and trap all kinds of animals at all times, over all the lands traditionally harvested by them. Allowed Aboriginal self-government.
What is the Cree-Naskapi Act of 1984?
The first Aboriginal self-government legislation in Canada. Assists in carrying out the JBNQA since it was not being properly fulfilled.
What is the Nisga’a Final Agreement?
The first modern day treaty in B.C., that was passed by Parliament in 2000 on April 13th. Established decision-making authority for Nisga’a Lisims Government within a model the Nisga’a are accustomed to.
What does the Nisga’a Lisims Government do?
Provides representation for all Nisga’a citizens, and provides the Nisga’a with a significant measure of self-government.
What was Tsawwassen First Nation Final Agreement?
The first urban treaty, and modern day treaty concluded under the BC Treaty Commission process. Gave TFN the right to self-government and law-making authority. For the first time, provincial land-use laws will apply to territory governed by a First Nation.
Why will a separate Fiscal Financing Agreement and Own Source Revenue Agreement be periodically renegotiated?
To determine ongoing federal support for programs and services taking into account cost increases and Tsawwassen First Nations contributions.
