What is an example of a land claim?
For example, a specific claim could involve the failure to provide enough reserve land as promised in a treaty or the improper handling of First Nation money by the federal government in the past. Specific claims are separate and distinct from comprehensive land claims or modern treaties.
What do land claims mean?
A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims.
What is the difference between specific and comprehensive land claims?
Comprehensive claims are based on Aboriginal peoples' traditional use and occupancy of the land. Specific claims are based on assertions that the government failed to deliver specific obligations under treaties, other agreements, or the Indian Act.
How many land claims are there in Canada?
Working in partnership with First Nations, Canada has settled over 592 specific claims through negotiated settlements since 1973.
What are the two main types of land claims put forward by Aboriginal groups?
There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government's outstanding obligations under historic treaties or the Indian Act.
How do you claim land?
When making a claim to own unclaimed land, known as claiming adverse possession, you need to have:'Factual' or exclusive possession of the land. ... 'Intention to possess' the land, shown by a combination of 'factual' possession and other actions to exclude all others from ownership;Possession of the land without consent.
What is specific claim?
The term "specific claims," generally, refers to claims made by a First Nation against the federal government which relate to the administration of land and other First Nation assets and to the fulfilment of Indian treaties, although the treaties themselves are not open to renegotiation.
Who qualifies for land claim?
The law lists five groups of claimants as follows:Dispossessed individuals.A direct descendant of a dispossessed person who had rights to the property.A community executor.An administrator or executor of a deceased person's estate.Someone who is juristic like a trust or a company.
What are comprehensive claims?
Comprehensive land claims, sometimes referred to as modern treaties, arise when First Nation rights and title have not been dealt with by treaty or through other legal means.
What is a land claim settlement?
About Land-Related Specific Claim Settlements Land-related settlements enable First Nations to apply to have the purchased lands, or provincial or territorial Crown land, given reserve status, either by adding to an existing reserve base or by creating a new one.
How are land claims resolved?
Some disputes relating to land are called specific claims and stem in part from historic treaties signed with First Nations between 1701 and 1923. Specific claims are resolved through negotiated settlements that provide compensation for a past wrong.
What groups are involved in land claim negotiations?
In most land claims involving Ontario, there are three parties: the Indigenous community that submitted the claim. the provincial government (Ontario) the federal government (Canada)
How can land claims be resolved?
Resolving specific claims Some disputes relating to land are called specific claims and stem in part from historic treaties signed with First Nations between 1701 and 1923. Specific claims are resolved through negotiated settlements that provide compensation for a past wrong.
How many years before you can claim land?
Adverse possession checklist Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.
Who owns the land on a mining claim?
Your right is restricted to the development and extraction of a mineral deposit. The surface of an unpatented mining claim is NOT private property. If you staked a mining claim on National Forest System lands, ownership remains federal lands administered by the Forest Service.
How many land claims are there in South Africa?
There was a total of 3 346 outstanding claims. - A second table gave the settled restitution claims for the period from 1995 up to the present. There was a total of 76 506 settled claims.
What is land claim?
A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims. Land claims is sometimes used as a term ...
What is the US system of mining claims?
The US system of mining claims is an application of the legal theory of prior appropriation, by which public property is granted to the first one to put it to beneficial use.
How to get a patent for mining?
To obtain a patent, the owner of a mining claim must prove to the federal government that the claim contains locatable minerals that can be extracted at a profit. A patented claim can be used for any purpose desired by the owner, just like any other real estate.
How tall are cairns in a claim?
Staking a claim involves first the discovery of a valuable mineral in quantities that a "prudent man" (the Prudent Man Rule) would invest time and expenses to recover. Next, marking the claim boundaries, typically with wooden posts or capped steel posts, which must be four feet tall, or stone cairns, which must be three feet tall.
When can an unpatented claim be abandoned?
The owner of an unpatented claim must continue mining or exploration activities on an unpatented claim, or he may pay a fee to the land management agency by September 1 of each year , or it is considered abandoned and becomes null. Activities on unpatented claims must be restricted to those necessary to mining.
What were the conditions for claiming land in the colonial era?
In the colonial times of the United States American men could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: claim without any action on the ground. claim with (movable) property of the claimant on the ground. claim with the claimant visiting the land.
Can you claim land with claimant living on it?
claim with claimant living on the land. Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still be bought for very low prices. Also , in certain parts of the world, land can still be obtained by making productive use of it.
What is a Land Claim?
Land claims seek to address wrongs made against Indigenous peoples, their rights and lands, by the federal and provincial or territorial governments. There are different types of land claims.
Comprehensive Claims
Comprehensive claims deal with Indigenous rights. These claims are based on the traditional use and occupancy of land by First Nations, Métis and Inuit who did not sign treaties. From 1871 to 1921, Canada entered into a number of treaties with Indigenous peoples.
Specific Claims
Specific claims originate in First Nations ’ claims that the Government of Canada did not fulfill its obligations either under historic treaties or the Indian Act .
What are modern day claims?
These claims are based on aboriginal rights, title, and traditional use and occupancy of the land seen with bands that did not negotiate a Treaty and are often referred to as Modern day Treaties and are more likely to include provisions relating to self-government. They are negotiated between the federal, provincial governments and the Aboriginal Claimant group. These treaties usually address land ownership, compensation, wildlife and harvesting rights, participation in land, resource, water, wildlife and environmental management as well as promotion of economic development and protect Aboriginal culture (Indian and Northern Affairs Canada).
What is the Treaty Land Entitlement Framework Agreement?
Treaty Land Entitlement is a process where the federal and provincial governments are fulfilling Treaty commitments of land made to First Nations. In 1992, Saskatchewan, Canada, and 25 First Nations signed the Treaty Land Entitlement Framework Agreement While the Treaty relationship exists exclusively between the federal government and First Nations, Saskatchewan has a legal obligation in TLE through the 1930 Natural Resources Transfer Agreement (NRTA). Under the NRTA, Canada transferred to Saskatchewan all Crown lands, minerals and other natural resources within the Province, subject to a number of conditions. One such condition was that Saskatchewan would provide unoccupied Crown lands should Canada ever require land to fulfil its obligations under Treaties (Government of Saskatchewan).
Quebec Innu Land claims negotiations
Although the Canadian government understands that a new approach and a new relationship is needed with the Aboriginal peoples, the character and validity of each government proposal towards land claims is nowhere near to matching the needs of Aboriginal peoples, which results for instance, in the government of Quebec failing to create fair land claim agreements..
Further readings
Canadian Broadcasting Corporation. 2011. Special Report - Aboriginal Peoples: Mapping the future.
What is a comprehensive land claim?
July 11, 2019. Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other means.
What is the purpose of land claim negotiations?
The goal for land claim negotiations as part of the treaty process is to provide jurisdiction and resolve ambiguity over the ownership and use of land and resources. A treaty will codify the rights and obligations of the parties. At the core of the process are negotiations between Indigenous groups and the federal government, and in some cases the provincial and territorial governments, as well as other third parties. The process, which aims to make economic and social adjustments between two different societies, is formally based on legal concepts such as land title, Indigenous rights and treaties. Modern treaties, or comprehensive land claim settlements, include provisions that enable Indigenous groups to own land, participate in managing land and resources, share in revenue generated from resource development and govern themselves. ( See also Indigenous Territory ; Self-Government: Indigenous Peoples ).
When was the Gwich'in land claim settled?
The Gwich’in land claim was settled in 1992, followed by the Sahtu Dene and Métis Comprehensive Land Claim in 1994; and the land claim and self-government Tlicho Agreement with the four Tlicho Treaty 11 communities in the North Slave region was settled in 2003.
What is specific claim?
Specific claims are based on problems arising from the administration of treaties, the Indian Act, First Nations funds and disposition of land. Although negotiation is the preferred course of action by both parties to settle these claims, settlement may also be reached by administrative remedy or court action.
How can modern treaties be built?
Modern treaties can also be built upon existing treaties, such as Treaty 8 and Treaty 11, by negotiating land claims and self-government agreements rather than changing or displacing the original treaties.
What is a treaty between Indigenous peoples?
Those signed by Indigenous peoples between 1701 and 1923 are commonly referred to as historic treaties, and modern treaties refer to those agreements negotiated since then. Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government.
When did the Canadian government abolish the Office of Native Claims?
The Office of Native Claims was abolished in 1986 and replaced by several specialized units of the Department — including one to oversee the implementation of agreements. New federal policy papers were published in 1987, 1991 and 1996, and provincial and territorial governments alike created their own administrative structures for claims and Indigenous affairs. Formulas were found to deal with the impasse over “extinguishment” (cession) of Indigenous rights, with regards to the government’s need for agreements to be final.
