Key Understanding: Cultural factors and worldview influence a peoples’ relationship to the environment. A special relationship exists between Aboriginal peoples and the land.
Although Aboriginal peoples are diverse, a special relationship with the land is a common element of their worldview. Interaction with, and connection to the land, is shaped by the philosophical ideals of Aboriginal peoples. The concept of land ownership was introduced to this continent by the newcomers. In traditional times, the land was viewed as something which existed for the use of the people. Traditional peoples viewed themselves as caretakers of the land for future generations. This perspective is best communicated by Aboriginal people who remain faithful to this philosophy and tradition. The following statements made by representatives from various Aboriginal peoples express connection to the land:
Example 1:
In Touch the Earth, a Self-Portrait of Indian Existence, Indian leaders such as Plenty-Coup and Geronimo articulate their worldview regarding their relationship to the environment.
Example 2:
In the 1970s, Canadian Arctic Gas Pipeline Limited and Foothills Pipe Lines Limited made application for a right-of-way to be granted across Crown lands within the Yukon Territory and Northwest Territories for the Mackenzie Valley Pipeline. The Honourable Mr. Justice Berger conducted an inquiry of the social, environmental and economic impact of the proposed pipeline. Included in the inquiry process were numerous community hearings held at various places across the territories. People at the hearings spoke to the impact such a pipeline would have on their communities, the environment, and their livelihoods. The way they viewed the land, their interaction and connection to the land is evident in the transcripts of the community hearings.
Example 3:
Time Immemorial is a film which documents the Nisga'a people of Northwestern British Columbia and their struggles for title over their traditional lands. The introductory segment of the video relates to traditional use and occupancy of land. Other National Film Board videos which are equally appropriate for demonstrating relationship between culture and the physical environment include Cree Hunters of the Mistasini, Fort Good Hope, and Our Land, Our Truth.
Key Understanding: Basis and procedure for resolving comprehensive land claims.
Comprehensive claims are based on Aboriginal rights and title arising from traditional use and occupancy of land. Settlement agreements are comprehensive in scope and include such elements as: land title, specified hunting, fishing and trapping rights, financial compensation, and other rights and benefits. They affect those parts of Canada where Aboriginal title has not been dealt with by treaty or other lawful means. This includes areas of the Yukon, Labrador, Quebec, the Northwest territories, and most of British Columbia. Comprehensive claims involve a group of Indian bands or Aboriginal communities within a geographic area.
Claims Process
The claims process begins when the claimant group prepares a statement of claim based upon the following criteria:
The claims process has five stages:
The complexity of the process sometimes causes a polarization of positions. Aboriginal peoples are inspired by the realization that land provides an important element for nationhood. Further, due to their belief in the sacredness of land itself, Aboriginal peoples’ perspectives encompasses not only legal and political issues, but spiritual and philosophical traditions as well.
Key Understanding: Basis and procedure for resolving treaty land entitlements, one type of specific land claim.
Specific claims arise from issues under:
Treaty land entitlement claims are specific claims that involve lands promised, but never actually granted, under treaties. Treaties 3, 4, 6, 7, 8, 9, 10 and 11 promised that one square mile per family of five (128 acres per person) would be reserved for each bands' specific use and benefit. The bands have discretion in deciding where and when they wanted their lands set aside. Surveyors were sent out to set aside land for reserves and unfortunately, many errors occurred during these surveys. Miscounting occurred because some people were away, people were moving from one band to another band, and some had not accepted treaty. As a result of this, some bands did not receive enough land. This left an outstanding land debt or treaty land entitlement. Treaty land entitlements are intended to meet unfulfilled terms of treaties.
In Saskatchewan, The Office of the Treaty Commissioner, formed in 1989, made the following recommendations to settle the outstanding land debt:
Equity Formula Calculation:
The equity formula was proposed as a method of settling the land debt that would be acceptable to both non-Indian governments and to bands that were owed land.
Key Understanding: Basis and various procedures employed for settlement of Métis land claims.
In Canada, the existing inherent rights of Indian, Métis and Inuit peoples are recognized in the Constitution Act, 1982. Although the three groups are grouped together in acknowledgement of their special rights, the basis, content and implementation of these rights differs between all three nations.
Like other Aboriginal peoples, the Métis of western Canada felt threatened by the arrival of settlers. Most had lived in the Red River area for generations, but they had no official title to their land. In 1869, the Métis were concerned when government surveyors arrived to measure lots for new settlers. The surveying was done so the Canadian government could purchase the area for the Hudson's Bay Company. The Métis believed that their way of life, based largely on the buffalo hunt, was at risk. They knew that the arrival of farmers would mean the end of the buffalo. Moreover, most of the new settlers were English-speaking Protestants, whereas most Métis were French-speaking Catholics. Not only were Métis lands threatened, but also their culture and religion.
Adapted from: Multiculturalism in Canada: Images and Issues (1997).
It is important to note that the Aboriginal rights of the Métis peoples derive from a different source and are different than the Aboriginal rights of Indians. While the federal government deals with Indian peoples, the responsibility for Métis peoples lies within provincial jurisdictions. Varying approaches have historically been used when addressing Métis interest in land: