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First Nations cannot use Aboriginal titles or punitive damages as the basis of their claims. [9] The government of Canada typically resolves specific claims by negotiating a monetary compensation for the breach with the band government, and in exchange, they require the extinguishment of the First Nation's rights to the land in question. [10]
In Grassy Narrows v Ontario the SCC "unanimously determined that Ontario has the jurisdiction under the Crown to take up Treaty No. 3 (1873) (“Treaty 3”), thus limiting First Nation harvesting rights." [1] The Ojibway had yielded ownership of their territory to Canada, through the signing in 1873 of Treaty 3. [1]
After Canada's acquisition of Rupert's Land and the North-Western Territory in 1870, the eleven Numbered Treaties were imposed on the First Nations from 1871 to 1921. These treaties are agreements with the Crown administered by Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations .
Most federally administered land is in the Canadian territories (Northwest Territories, Nunavut and Yukon), and is administered on behalf of Aboriginal Affairs and Northern Development Canada; only 4% of land in the provinces is federally controlled, largely in the form of National Parks, Indian reserves, or Canadian Forces bases.
The Act has been amended 27 times between 1978 and 2021. Significant amendments were the Aboriginal Land Rights (Northern Territory) Amendment Act 2006, and Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021.
First Nations in Ontario constitute many nations. Common First Nations ethnicities in the province include the Anishinaabe , Haudenosaunee , and the Cree . In southern portions of this province, there are reserves of the Mohawk , Cayuga , Onondaga , Oneida , Seneca and Tuscarora .
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". [ 8 ]