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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]
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.
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 .
Indigenous and Northern Affairs Canada First Nation(s) Ethnic/national group Tribal council Treaty Area Population [242] Notes & references ha acre 2016 2011 % difference Akwesasne 15 [243] Mohawks of Akwesasne: Mohawk: n/a: 3,646.8 9,011.4: 1,202: Also in Ontario (Akwesasne 59) and New York, United States (St. Regis Mohawk Reservation ...
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 ...
That was the pattern of land ownership in the earliest British settlements in what is now eastern Canada. When the Crown granted land to settlers, the land grant normally included all minerals, other than precious minerals. [6] The result is that in Ontario, Quebec, and the four Atlantic provinces, much of the mineral rights are privately owned ...
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 ]