Land Claims

Vocabulary flashcards covering key terms and concepts related to Canadian Indigenous land claims, rights, treaties, and court cases.

Existing aboriginal and treaty rights

Rights recognized in Section 35(1) of the Constitution Act, 1982, covering First Nations, Métis, and Inuit, including both existing rights and treaty rights.

Original Title

The concept used by Indigenous peoples to describe land rights held before and alongside colonial/title-based systems; contested by colonial definitions.

Aboriginal title

An inherent right of an Indigenous people to occupy, use, and relate to their traditional lands, independent of treaties.

Indigenous title

A broader term used in this course to refer to Indigenous land rights and title, encompassing Aboriginal title and related concepts.

Royal Proclamation, 1763

Recognized Indigenous title and established that extinguishment occurs through treaties; land can only be ceded to the Crown, not directly to settlers.

Indian Magna Carta

An early label for the Royal Proclamation’s recognition of Indigenous rights and sovereignty in land matters.

cede title

To surrender or transfer Indigenous land title to the Crown; a key idea in treaty making.

Land Surrenders

The process by which Indigenous title is surrendered to the Crown, often contested and central to modern land claims.

depth of a plow or the depth of a hand

Phrase describing how colonial land surrender terms sought deeper rights beyond simple farming use.

Constitution Act of 1982

Constitution Act that recognizes existing aboriginal and treaty rights in section 35(1) and sets framework for rights.

Modern Treaty Era

Period of Indigenous land claims and treaty making marked by Specific and Comprehensive claims, including modern treaties.

Specific claims

Claims about breaches of existing treaties or obligations; submitted to Canada and adjudicated in a process seen as conflicted due to government as adversary.

Comprehensive claims

Modern treaties addressing areas not covered by historic or Numbered Treaties; typically include self-government and land rights.

Treaty Land Entitlement (TLE)

A specific claim addressing promised reserve land not provided under the Numbered Treaties.

Initial TLE (Late Entitlement)

First type of TLE when a First Nation never received the promised reserve land.

Shortfall TLE

TLE where the promised land amount was not fully delivered.

usufructuary rights

Right to use land owned by others, such as Indigenous access to outside reserve lands for hunting, etc.

James Bay Case (JBNQA)

The 1975 James Bay and Northern Quebec Agreement, the first comprehensive modern land claim in Canada.

Nisga’a Calder Case (Calder Case)

1973 Supreme Court decision acknowledging Aboriginal title as a legal possibility, spurring later treaties.

Delgamuukw v. British Columbia

1997 Supreme Court of Canada decision recognizing Aboriginal title and the evidentiary role of oral history; duty to consult.

Oral history

Indigenous narratives and accounts used as evidence in court to establish Aboriginal title and rights.

Duty to consult

Government obligation to consult with Indigenous peoples when actions may impact their rights or title.

R v. Sparrow (Sparrow case)

1984/1990 Supreme Court decision recognizing Indigenous rights under Section 35(1) and introducing the Sparrow Test.

Sparrow Test

Framework for assessing when government infringements on Indigenous rights can be justified: infringement, justification, and priority of Indigenous rights.

Oka Crisis (Kanesatake Resistance)

1990 Mohawk resistance over land claims that drew national attention and spurred reforms and RCAP.

RCAP (Royal Commission on Aboriginal Peoples)

1991 commission that recommended reforms to address Indigenous rights and governance.

Tsilhqot’in Nation v. British Columbia

2014 Supreme Court decision recognizing Aboriginal title in general and establishing title in Canada.

Self-government

A governance arrangement under which Indigenous nations govern themselves within or alongside Canada, often a feature of modern treaties.

Environmental protections (JBNQA)

Provisions in the James Bay Agreement to mitigate environmental impact of hydro projects and protect Indigenous ways of life.

James Bay Hydroelectric Project

Massive hydroelectric development in James Bay that prompted the JBNQA and ongoing land claim topics.

Occupation

Pre-sovereignty occupation of land required to prove Aboriginal title under Delgamuukw.

Continuity

Continuity between traditional pre-sovereignty practices and current land occupancy in title claims.

Exclusive occupation

Requirement that Indigenous title include exclusive use and occupancy not easily shared with others.

Infringement and Justification (Delgamuukw)

Delgamuukw criteria for when government actions infringing on Aboriginal title may be justified.

Conservation (Delgamuukw)

Legitimate legislative objective for restricting Indigenous rights, must be minimal and proportionate.

Aboriginal title criteria

Test including occupation, continuity, exclusivity used to prove Aboriginal title (Delgamuukw framework).

Independent Centre for the Resolution of Specific Claims

Proposed independent body to handle specific claims, in discussion between AFN and Canada.

Treaty land rights in modern treaties

Lands and resources rights negotiated within comprehensive claims and self-government agreements.

Indian Act in modern treaties

Modern treaties often override portions of the Indian Act and establish self-government and resource arrangements.