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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]
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]
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 .
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 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.
Canada obtains: Land rights; protection for land used for resource extraction or settlement from indigenous hunting/fishing; restricted alcohol use on reserves; ability to buy and sell Aboriginal land with permission; control of the allocation of ammunition and fishing twine, and the distribution of agricultural assistance.
In 1956, the Government of Canada purchased 6 km 2 (1,500 acres) of the land previously owned by the Sulpicians for the Mohawks to live on, but did not grant this land reserve status. [ 12 ] In 1975, the Mohawk Council submitted a comprehensive land claims asserting Aboriginal title to lands along the St. Lawrence River , the Ottawa River and ...
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 ]