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land claim
DCHP-2 (Oct 2016)
n. — usually Aboriginal, Law
a claim made by an Aboriginal group to use or own a particular area of land.
Type: 4. Culturally Significant — Land claim may be used to denote assertion of land ownership in any context, but in Canada the term is usually associated with claims by Aboriginal nations. There are two kinds of land claims, comprehensive land claims and specific land claims, instituted by the Canadian government in the early 1970s (see Parliament of Canada reference).
Land claims in Canada have particular historical significance because of the complex and controversial nature of government dealings with Aboriginal land use and ownership. Aboriginal land rights issues were first addressed on a large scale by the Royal Proclamation of 1763, which reserved land for use by Aboriginal peoples west of a line drawn along the Appalachians, sometimes referred to as the "Proclamation line". As settlers moved to Canada, the British and then Canadian governments concluded treaties, often with unfavourable terms, that gradually dispossessed Aboriginal people of their lands (see Canadian Encyclopedia reference). In British Columbia, only a few treaties were made on Vancouver Island and in the far north.
In the mid-20th century, a growing awareness of these injustices perpetrated against Aboriginal peoples began to increase internationally. Canada was influenced by international measures, such as the creation of the US Indian Claims Commission in 1946 (see Canadian Encyclopedia reference), to deal with these injustices. The 1951 quotation reveals the discourse typical of the time that implied that disrespectful Aboriginal people were about to dispute what was "rightfully" the "white man's" land.
In a 1969 landmark case, the Nisga'a Nation of BC put forward a legal claim to their traditional homelands, which was denied by the BC Supreme Court. The case was taken to the Supreme Court of Canada, which ruled against the Nisga'a on a technicality but recognized their title to the land (see the 1973 quotation). The case triggered debate surrounding issues of Aboriginal title and land ownership and as a result the Canadian Government opened the Native Claims Office in 1973 to deal with these issues (see AANDC reference). While the basic issues remain unresolved (see, e.g., the 1982 quotation), recent years have seen somewhat more respectful interactions (e.g. the 2006 and 2013 quotations). Chart 1 shows the importance of the concept in the Canadian context (as well as in South Africa).
See also COD-2, s.v. "land claim", which is marked "esp. Cdn".
Land claims in Canada have particular historical significance because of the complex and controversial nature of government dealings with Aboriginal land use and ownership. Aboriginal land rights issues were first addressed on a large scale by the Royal Proclamation of 1763, which reserved land for use by Aboriginal peoples west of a line drawn along the Appalachians, sometimes referred to as the "Proclamation line". As settlers moved to Canada, the British and then Canadian governments concluded treaties, often with unfavourable terms, that gradually dispossessed Aboriginal people of their lands (see Canadian Encyclopedia reference). In British Columbia, only a few treaties were made on Vancouver Island and in the far north.
In the mid-20th century, a growing awareness of these injustices perpetrated against Aboriginal peoples began to increase internationally. Canada was influenced by international measures, such as the creation of the US Indian Claims Commission in 1946 (see Canadian Encyclopedia reference), to deal with these injustices. The 1951 quotation reveals the discourse typical of the time that implied that disrespectful Aboriginal people were about to dispute what was "rightfully" the "white man's" land.
In a 1969 landmark case, the Nisga'a Nation of BC put forward a legal claim to their traditional homelands, which was denied by the BC Supreme Court. The case was taken to the Supreme Court of Canada, which ruled against the Nisga'a on a technicality but recognized their title to the land (see the 1973 quotation). The case triggered debate surrounding issues of Aboriginal title and land ownership and as a result the Canadian Government opened the Native Claims Office in 1973 to deal with these issues (see AANDC reference). While the basic issues remain unresolved (see, e.g., the 1982 quotation), recent years have seen somewhat more respectful interactions (e.g. the 2006 and 2013 quotations). Chart 1 shows the importance of the concept in the Canadian context (as well as in South Africa).
See also COD-2, s.v. "land claim", which is marked "esp. Cdn".
Quotations
1951
British Columbia Is Safe From Indians' Land Claim [...] The British Columbia Government can breathe easier. Its lands and treasury are safe. Native Indians, through Andy Paull, president of the American Brotherhood, claimed Tuesday that millions of dollars were owing them for land acquired from the Indians in days long ago. Bruce McKelvie, veteran newspaperman and historian, came out of the archives in the legislative building today with written proof that the Indian lands, including those on which the capital buildings are situated, were bought by the white men more than 100 years ago. Copies of the ancient treaties are in the archives.
1973
The high court, in a 4-to-3 decision, ruled against land claims of the NIshga Indians in the Nass Valley of northwestern British Columbia. Three voted against them, three voted for them. The deciding vote against the Indians was based on a technical point.
1977
The New Democrats have been discussing some touchy issues - repeating some strong views, pro and con, about the development of uranium, calling for the establishment of a publicly owned ambulance system and improvements in health care, seeking some fulfillment of native land claims, calling for more aid to French-language training and, as usual debating the place of labor in politics.
1982
Saying that native people are a threat to wildlife, the Canadian Wildlife Federation has vowed to go to court if future land-claim agreements grant native people exclusive hunting or fishing rights or give them authority for wildlife management.
1994
Band members won a land-claim dispute worth $19 million in the mid-1970s, enabling them to buy back about 9,200 hectares (23,000 acres) of land taken earlier this century.
2001
If First Nations know they can get their legal costs paid and go straight to court without even trying to struggle through the treaty process, he said, then "the question is whether the courts are changing the basic message . . . that negotiation is better than litigation" as a way to deal with treaty and land-claims issues.
2006
27 -- Quebec Inuit vote overwhelmingly in favour of a massive land claim agreement that gives them ownership of 80 per cent of the small islands in the waters off their northern shore and a share of offshore resource royalties.
References
- AANDC • "Resolving Aboriginal Land Claims"
- COD-2
- Parliament of Canada • "Specific Claims in Canada"
- Canadian Encyclopedia • "Comprehensive Land Claims: Modern Treaties"
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