Search for "Indigenous Land Claims"

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Calder Case

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Jordan's Principle

Jordan’s Principle is a child-first principle that ensures First Nations children can access the same public services as other children in Canada. Jordan’s Principle is named for Jordan River Anderson, a young Cree boy who died at the age of five after waiting for home-based care that was approved when he was two but never arrived because of a financial dispute between the federal and provincial governments. Jordan’s Principle was put in place to ensure a tragedy like this never happens again.

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Missing and Murdered Indigenous Women and Girls in Canada

Missing and murdered Indigenous women and girls in Canada (MMIWG) refers to a human rights crisis that has only recently become a topic of discussion within national media. Indigenous women and communities, women’s groups and international organizations have long called for action into the high and disproportionate rates of violence and the appalling numbers of missing and murdered Indigenous women and girls in Canada. Prior to the launch of the national public inquiry on 8 December 2015, these calls were continually ignored by the federal government. Described by some as a hidden crisis, Dawn Lavell-Harvard, former president of the Native Women’s Association of Canada, refers to MMIWG as a national tragedy and a national shame. In 2015, the Truth and Reconciliation Commission of Canada supported the call for a national public inquiry into the disproportionate victimization of Indigenous women and girls. The National Inquiry’s Final Report was completed and presented to the public on 3 June 2019.