Unit Three: Land Claims and Treaty Land Entitlements

Unit Three: Land Claims and Treaty Land Entitlements

"Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the earth befalls the sons and daughters of the earth. We do not weave the web of life; we are merely a strand in it. Whatever we do to the web, we do to ourselves."

Chief Seattle of the West Coast Duwamish, 1854.

Overview

Canada recognizes two types of Aboriginal land claims: comprehensive claims (where there were no treaties) and specific claims (where there are treaties). Generally, comprehensive claims involve claims which are based on traditional use and occupancy of land; specific claims involve lands that were lost or taken from First Nations by government or its agents .

Comprehensive claims include those land claims of First Nations who never signed treaties. Settlement agreements provide certainty of rights to ownership and the use of land and resources in those areas of Canada where Aboriginal title has not been dealt with by treaty.

Canada has categorized treaty land entitlements as a specific claim. Treaty land entitlement concerns fulfilment of the promise of reserve land in the numbered treaties. Considerable debate has occurred over degree of fulfilment or non-fulfilment of the treaty obligations. Historic research indicates many treaty obligations are not fulfilled by the government. Many bands did not receive the land guaranteed through treaty, or they found significant shortfalls.

Métis peoples have outstanding land claims of their own. While the Métis are recognized as having Aboriginal rights, their rights differ from the rights of First Nations. The provinces assume jurisdiction for the Métis. The Constitution recognizes the existing inherent rights of the Métis, however, the federal government has jurisdiction for First Nations only.

Historically, varying approaches have been used to address Métis rights to land. In some instances, Métis were included in treaties either as whole communities or individually. A specific example is the Half-Breed Adhesion to Treaty No. 3 in Ontario. Alberta has created Métis settlements and given formal recognition to Métis people who reside in that province. Scrip was issued in Manitoba and the Northwest Territories between 1870 and 1923 as a means of addressing Métis interest in land.

Foundational Objectives

The foundational objectives are to guide students to achievement in three areas:

Knowledge

Understand how cultural factors and worldviews influence a peoples’ relationship to the environment. A special relationship exists between Aboriginal peoples and the land. (CCT) (PSVS)

Understand the basis and procedure for resolving comprehensive land claims. (C) (CCT)

Understand the basis and procedure for resolving treaty land entitlements, one type of specific land claim. (C) (CCT)

Understand the basis and various procedures employed in settling Métis land claims. (C) (CCT)

Values

Develop an appreciation of the complexity of treaty land entitlement and land claim processes. (PSVS) (IL) (CCT)

Develop compassion, empathy and fair-mindedness and make positive contributions to society as individuals and as members of groups. (PSVS)

Develop an appreciation of the special relationship of Aboriginal people to the land as the basis for cultural distinctiveness and status. (PSVS) (CCT) (C)

Skills/Processes

Summarize important understandings from a variety of media and sources. (C) (TL)

Draw inferences, make generalizations, and reach tentative conclusions using evidence from a variety of media and sources. (CCT)

Synthesize with prior knowledge and understanding ideas gleaned from a variety of media and other sources. (C) (CCT) (IL)

Develop understanding of the uses of mathematical concepts in everyday life. (TL) (N)