land claims Flashcards
what kind of protection are land claims under?
constitutionally protected
what section is constitution act???
35
where is the force of the law of landclaims
Through federal and provincial legislation
common elements in section 35
-indigenous participation in decision making,
-establishing institutions for land and water use planning
-public government bodies, or provincial representatives aswell as indigenous parties
who is included in “aboriginal peoples of canada”
indian, inuit, and metis people of canada
what are the different subsections of section 35
1-aboriginal rights and treaty rights are recognized and affirmed
2-aboriginal peoples of canada are indian, inuit, and metis
3-subsection 1- rights that now exist by way of land claim agreements or may so be acquired
IBA
Impact and Benefit Agreements
-confidential arguments between project proponents and impacted indigenous communities
-not overseen by governments
What can IBAs address
employment, training, contracting opportunities, project monitoring.
Issues with IBAs
-proponents have advantage through confidentiality
-communities cannot negotiate for things other communities have
what does bankes suggest land claims offer?
enhanced indigenous participation
describe what happened with FN and yukon
Umbrella final agreement (UFA)
-after consultation, yukon changes the land conservation plan for Peel watershed area from 80% conservation 20% development to 29% conservation 71% development
Court declared “Not becoming of the honour of the crown”
GRRB
Gwich’n renewable resource board
