Indigenous Title, Land Claims and Treatys

Question 1

What does aboriginal title protect?

Answer 1

The relationship between Indigenous peoples and their territories. It’s a right to the land itself.

Question 2

What does aboriginal title include?

Answer 2

• The right to make a decision about the land
• Economic development opportunities that evolve to reflect modern uses of land
• Group interest in the land held by Indigenous Nations, not by individual people
• Understanding that Aboriginal Title is unique from all other types of property interests.

Question 3

What is Indigenous Sovereignty?

Answer 3

the rights of indigenous peoples to self-goveren their lands, water and peoples.

Question 4

In what 3 ways does Indigenous Law and expresion differ form the wetren perspective?

Answer 4

• Unique nation’s customs, and oral tradition
• Each nation has its own expression of laws
• Laws are understood through custom, legend, ceremony and oral tradition.

Question 5

Where is Indigenous Law is seen?

Answer 5

• In stewardship of land and water for future generations.
• Laws presentted through song, dance, carving and/or ceremony.
• Law carried forward through language, stories and speaches

Question 6

What are a few differnences between Indigenous Law in relation to land vs Westren Law?

Answer 6

W: land is “property”, a possetion ot comodity.

I: opposite. Very interconnected with culture.

Question 7

What was the Royal Proclamation 1763?

Answer 7

• stated that Aboriginal peaople had title to land and reasources becaue they were the original people.
• Required colonial goverments to negotiate treaties with Indigenous Nations
• all provinces besides BC have signed treaties outlined int he RP.
• Federal and Provincial gov’s have ignored the laws of the RP

Question 8

What was the Constitution Act 1867?

Answer 8

• federal govement was declared responsible to make desisions about Indigenous people and
  aboriginal land reserves.

Question 9

What was the Indian Act 1876?

Answer 9

Intended to for federal gov to manage and control Indiginous people

• Removed Indiginous people form their traditional land onto reserves.
• Outlawd Indiginous forms of governance and land ownership
• Prohibited Indiginous peoples form leaving treaty land and seaking leagal help

Question 10

What were 4 reasons for nation to nation relationships before european contact?

Answer 10

• Trade agreements
• marriage
• peace treaties
• Land-use agreememtns and protocols.

Question 11

what were the different persmectives on treaties? Indigenous vs Western.

Answer 11

I: living agreement, something that can evolve.
W: transactional relationships (cessions, seeded)

Question 12

What were 4 Canadian laws that were used against Indigenous Title and Sovereignty?

Answer 12

1) Terra Nullius
2) Docterine of Discovery
3) Docterine of Adverse Possession
4) Passage of TIme

Question 13

What type of Relationship did the Constitution Act 1876 create between the Canadian gov and Indigenous peoples?

Answer 13

Fiduciary Realtionship

Question 14

What is a Fiduciary Realtionship?

Answer 14

A party that is expected to make decisions in the baset interest of the thother party wothout personal gain

Question 15

Whar are indian Reserves?

Answer 15

• Land set aside for Indigenous Peoples that Canada hold in trust
• Indigenous people do not own reserve land

Question 16

Why was the Calder vs. Attorney-General of BC case important?

Answer 16

• Led to the Nisga’a Final Agreement in 2000, first modren treaty in BC
• Landmark decision by the Supreme Court: aboriginal title exists
• But court split over weather Aboriginal Title extinguished by the assertion of Crown sovereignty.