Aboriginal Title & Rights vs. Canada's Comprehensive Claims Policy & Process

BRIEFING NOTE

TO: ANS Council of Chiefs & Grand Chief CC: Indigenous Nations Not Negotiating FROM: Russell Diabo, Policy Advisor DATE: February 11, 2013 RE: Aboriginal Title/Rights vs. Federal Comprehensive Claims Policy Issue: On January 11, 2013, an AFN-PM Meeting was held in Ottawa as a follow-up meeting to the Crown-First Nations Gathering of January 24, 2012. During the January 11th meeting AFN-NC Atleo presented an 8 point position to the PM who declined to act on most of the points, except the PM agreed to a “high level” process for 1) Treaty Implementation and 2) Comprehensive Claims. The federal Self-Government policy wasn’t included in AFN’s 8 point position even though the federal Self-Government Policy also affects Aboriginal Rights. The Chiefs-in-Assembly through several resolutions have mandated the AFN Comprehensive Claims Policy Reform Working Group (CCPRWG) to seek changes to the federal Comprehensive Claims Policy. The AFN CCPRWG Chair is AFN-BC Regional Vice-Chief Jody Wilson-Raybould, who was a Commissioner and A/Chair of the British Columbia Treaty Commission and whose home community is at a negotiation table under the BCTC Comprehensive Claims process. Now that the Algonquin First Nations of Wolf Lake,Timiskaming (and Eagle Village) have publicly issued a “Statement on Asserted Aboriginal Rights and Title” and as Chiefs of First Nations who are Aboriginal Title holders, it is in the best interests of your First Nations to actively participate in the AFN-PM “high level” process to ensure your First Nations Title, Rights and interests aren’t prejudiced by the AFN-PM Comprehensive Claims Process. The outcome of this AFN-PM process will definitely affect your First Nations and other Indigenous Nations, perhaps permanently.

2

Background: As of December 11, 1997, the legal landscape of Canada was remarkably changed by a surprising decision of the Supreme Court of Canada when it recognized Aboriginal Title “as a right to the land itself.” The Delgamuukw decision, written primarily by Chief Justice Antonio Lamer, now provides First Nations from unceded Aboriginal Title territories with a strong legal foundation and consequently, an historic opportunity, to attain the justice that our ancestors have been struggling for centuries to achieve. The 2004 Supreme Court of Canada Haida decision also changed the legal landscape by establishing the legal principles around the Crown’s Duty to Consult and Accommodate Aboriginal Rights and Title on an interim basis until the matter is resolved in a more permanent manner through Agreement, Treaty or litigation. An important case on Aboriginal Title in Canada was handed down in June 2012, the William case involves the Tsilhqot’in Nation in B.C. where the B.C. Court of Appeals held that the Tsilhqot’in Nation had Aboriginal rights to hunt, fish, trap and trade but the Judges held the Tsilhqot’in Nation could not claim a large territory, only specific intensively used sites. The William case was granted leave to appeal by the Supreme Court of Canada in January 2013, and is expected to be heard within a year or so, this case has huge implications for the judicial recognition or denial of Aboriginal Title in Canada. Unfortunately, up to now the federal government has refused to change its Comprehensive Claims Policy to be consistent with the Delgamuukw decision or even more recently the Haida decision. The previous attempt by AFN to change the Comprehensive Claims Policy was through the AFN Delgamuukw Strategic Implementation Committee (DISC), but this AFN Committee was ended by Matthew Coon Come when he became AFN National Chief in 2000. Matthew Coon Come is from a Modern Treaty group that agreed to extinguish their Aboriginal Title in 1975.

Different Indigenous Nations & Interests Across Canada It is important to note that when it comes to Comprehensive Claims Policy Reform there are differing interests among Indigenous Nations across Canada, your First Nations (and Eagle Village) are in the first category – Aboriginal Title Holders not in negotiations. Here is the list of Indigenous Nation interests: In general terms, the following groupings are evident (although there is some overlap within each):

Indigenous Nations Not Negotiating: Those nations who are not engaged in negotiations with Canada and/or the provinces relating to the disposition of Aboriginal Title find themselves in a different situation. (This grouping includes nations with Aboriginal Title who have never entered into any treaty agreements with the Crown and lie outside of treaty areas, as well as some of those nations who fall into the categories of Pre-Confederation Treaties and Non-Parties to Treaty described below.) They are not engaged in any

3

substantive dialogue with other governments to address matters related to title and interests in land (other than the courts) and therefore have no forum in which to consider the implications of Delgamuukw or Haida on their circumstances.

Actively Negotiating Nations: Those Nations who are currently negotiating under the

prevailing federal Comprehensive Claims policy, in B.C., the Yukon, NWT, Quebec, New Brunswick, Nova Scotia and PEI. These nations share a common experience in that they have accepted to negotiate under the prevailing policy and are actively engaged in discussions with federal and provincial governments related to extinguishment (modification) of Aboriginal Title among other federal/provincial negotiation objectives/mandates. These Nations are arguably in a weaker position because they have agreed to accept to negotiate under the federal Comprehensive Claims Policy & Process. For instance, in B.C., those First Nations involved in the B.C. Treaty Commission process have been engaged in Comprehensive Claims negotiations for 20 years now and have collectively borrowed about $500 million in loan funding to support the negotiations. Only two claims have been settled under the BCTC process so far, Tsawwassen and Maa-nulth. The Nisga’a settled their claim in 2000, after about 30 years of negotiation and it was outside of the BCTC process.

Pre-Confederation Treaties: There are numerous Pre-Confederation Treaties which dealt

with military, economic or political issues, but which did not surrender land. This is particularly true in central & southern Ontario, Quebec, and the Atlantic. Title in these territories remains unceded. However, there are now active Comprehensive Claims negotiation tables for the Mikmaq and Maliseet Nations in Nova Scotia, PEI, New Brunswick and Quebec making them part of the Actively Negotiating Nations category.

Non-Parties to Treaty: There are a number of individual First Nations in the area between Ontario and B.C. whose territory lies within the purported boundaries of a ‘land cession’ treaty, but who did not participate in the treaty and therefore retain Aboriginal Title. For instance, the Cree of Lubicon Lake, Alberta (Treaty #8); the Dakota of Manitoba and Saskatchewan; the Ojibway communities of Pic River, Pic Mobert, Long Lac #58, Pays Plat and Sand Point (Robinson Superior Treaty, Ontario) and Wikiemikong Unceded Reserve. There are no doubt other communities in this situation as well. In some cases, these First Nations have submitted claims of Aboriginal Title which were rejected. There are also some cases where the geographical scope of the Treaties did not address all matters related to Aboriginal Title ie. Beds of lakes and rivers.

Modern Day Land Claims Agreement Coalition: Those nations who have signed

agreements since the 1973, when the policy on Comprehensive Claims was introduced and they are linked together by similarities in the terms and structure of their agreements, and in the various extinguishment (Modification) clauses contained in them. They are also actively engaged with governments on matters related to implementation and non-implementation of their Modern Treaties.

Numbered Treaties: Although there are clear differences between each of the numbered

treaties, there are significant similarities (ie., effect of oral history, spirit & intent vs. extinguishment clauses, NRTA, Aboriginal rights north of 60, etc.). As well, in many

4

numbered treaty areas there are existing processes intended to address treaty issues (ie., the Saskatchewan Treaty Commissioner’s office), which legitimately would appear to include matters such as the implications of Delgamuukw and Haida.

Arguably, the Indigenous Nations with the strongest position on Aboriginal Title and Rights are the Indigenous Nations Not Negotiating, which is the category your First Nations (and Eagle Village) are part of along with other Indigenous Nations Not Negotiating. However, while Indigenous Nations in this category aren’t negotiating with the federal government under the Comprehensive Claims Policy, many are negotiating natural resource sectoral agreements (hydro, mining, oil & gas, forestry, tourism, land-use plans, etc.) with the provinces and/or Impact-Benefit Agreements with the private sector. Depending on the terms of such agreements involving natural resources and lands, these interim, incremental agreements may weaken the strength of the Aboriginal Title and Rights of Indigenous Nations entering into such agreements to the point where Crown governments can assert the Indigenous Nation has consented to alienation of their Aboriginal Title territory and infringement of their Aboriginal Rights through the terms of such agreements in the face of any section 35 legal analysis done by the Crown. Under Canada’s constitutional framework only the federal government can address Aboriginal and Treaty rights, which is why the land claims and self-government policies are federal policies, but natural resources fall under provincial jurisdictional powers, that is why many Indigenous Nations are negotiating directly with the provinces and industry, potentially undermining their Aboriginal Title and Rights in the process. Meanwhile, the federal government’s priority is to accelerate the settlement of Final Agreements with the Actively Negotiating Nations and the federal government isn’t interested in what the Indigenous Nations Not Negotiating positions are regarding changes to the Comprehensive Claims Policy. The federal government intends to use all Final Agreements reached with the Actively Negotiating Nations as precedents against Indigenous Nations Not Negotiating, the Indigenous Nations that can still prove Aboriginal Title anyway.

The 1985 Coolican Report The last time the federal government reviewed the Comprehensive Claims Policy was in 1985 when the Coolican Report was issued. At the time the only groups the federal government listened too were the Actively Negotiating Nations.

The 2001 Lorne Report The Harper government has the same position now. In January 2011, the federal Minister of Aboriginal Affairs, John Duncan, named James Lorne as a Special Representative to the B.C. Treaty Process. Mr. Lorne’s mandate was to come up with recommendations “for accelerating Treaty negotiations in British Columbia”, completely ignoring Comprehensive Claims negotiations

5

in the rest of Canada and the AFN-CCPRWG, which was established at that time. Mr. Lorne presented his Report to the Minister in November 2011.

The Crown-First Nations Gathering Non-Outcome One of the outcomes of the January 24, 2012, Crown-First Nations Gathering was:

The parties also commit to ensuring federal negotiation policies reflect the principles of recognition and affirmation mandated by Section 35 of the Constitution Act, 1982 and advance certainty, expeditious resolution, and self-sufficiency.

During a meeting of the AFN-CCPRWG in April 2012, Jean Francois Trembley, Assistant Deputy Minister of Treaties and Aboriginal Government told the meeting that he had no mandate to change the federal Comprehensive Claims Policy despite what the CFNG outcomes were.

The Federal “Results-Based” Approach to Negotiations On September 4, 2012, the federal government announced the “results-based” approach to Modern Treaty (Comprehensive Claims) and Self-Government Agreements. There is currently a federal assessment of the negotiating tables underway to determine which tables are ready to negotiate final agreements based on the core mandate (objectives) described above. Obviously, the federal government ignored the AFN-CCPRWG when the September 4, 2012, policy announcement was made by the federal Minister of Aboriginal Affairs, John Duncan. Attached is a list of the tables affected by the federal “results based” assessment currently underway.

Federal Assessment of Negotiation Tables – Take It Or Leave It Offers As you can see from the attached list there are 183 Bands/Non-Status-Metis Groups negotiating Comprehensive Claims from the Actively Negotiating Nations who the federal government is currently assessing to see which tables will accept to negotiate Final Agreements based upon the following core negotiation objectives, which in part are:

Accept the extinguishment (modification) of Aboriginal Title; Accept the legal release of Crown liability for past violations of Aboriginal Title & Rights; Accept elimination of Indian Reserves by accepting lands in fee simple; Accept removing on-reserve tax exemptions; Respect existing Third Party Interests (and therefore alienation of Aboriginal Title territory

without compensation); Accept (to be assimilated into) existing federal & provincial orders of government; Accept application of Canadian Charter of Rights & Freedoms over governance &

institutions in all matters; Accept Funding on a formula basis being linked to own source revenue;

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Other measures too, essentially accepting to become Aboriginal municipalities with the Canadian Federation.

AFN-PM “High Level” Process It is likely that the Prime Minister’s priority remains the acceleration of final settlements with the Actively Negotiating Nations. This could be the meaning of the AFN-PM “high level” process. If this is the case then the Prime Minister may negotiate directly with representatives of the Actively Negotiating Nations, particularly those in the British Columbia Treaty Process outside of the AFN-CCPRWG table. CONCLUSIONS: For many of the Indigenous Nations Not Negotiating under the federal Comprehensive Claims Policy the focus has been on engaging the provincial governments and industry on the Haida requirement of the Duty to Consult and Accommodate when proposed projects or activities may impact on Aboriginal Rights or Title. Since the 2004 SCC Haida Decision the federal government has developed a consultation policy that is limited only to federal projects or areas of federal jurisdiction like Navigable Waters, which is currently being legislative changed. In limiting the scope of the federal consultation policy the federal government has ignored its fiduciary responsibilities/obligations and abandoned Indigenous Nations to the provinces. The provinces have developed consultation policies designed to benefit themselves in the consultation process. Using the “strength of claim” test from SCC Haida decision the provinces aren’t readily reaching the accommodation phase with Indigenous Nations in the consultation process, meaning business as usual when it comes to natural resources extraction from Aboriginal Title & Rights territories, particularly in the energy and mining sectors. The Indigenous Nations Not Negotiating need to start communicating between and among themselves immediately to protect their Title, Rights and Interests in Canada generally and in the AFN-PM “high level” process in particular. There needs to be discussion to focus on the needs and interests of those Indigenous Nations who continue to hold Aboriginal Title, but who are not currently negotiating under Canada’s Comprehensive Claims policy. The reason for this focus is simple: past attempts to change the Comprehensive Claims policy have largely been driven by “actively negotiating” groups in consultation with the federal government (witness the Coolican Task Force on Comprehensive Claims in the mid-1980's and the Lorne Report of 2011), without providing due consideration to the rights or the objectives of those Indigenous Nations outside of the process. From Canada’s perspective, Aboriginal Title appears to be non-existent until you enter the policy (and then it exists only so long as it takes to extinguish it). This time around, once again the dialogue and momentum appears to be revolving around those Indigenous Nations who are engaged directly in the existing Comprehensive Claims policy, particularly those in the BC Treaty Process.

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Inevitably this leads to a situation where the existing policy and process become the basis of the dialogue. This does not bode well for those Indigenous Nations who continue to resist the extinguishment of their Aboriginal Title, and who are searching for alternative processes which more closely match their needs and circumstances. If they are to have any influence over outcomes, then those First Nations who have avoided involvement in Canada’s extinguishment policy need to have a forum in which they can collectively develop alternative approaches that are not contaminated by existing policy and process. NOTE: There is a meeting scheduled for February 12, 2013, in Ottawa of the AFN-Comprehensive Claims Policy Reform Working-Group. From 9:30 A.M. until 4:00 P.M. with a call-in option. Already, AFN has identified the areas of interest, which appear to mirror the federal list of core mandate areas as:

a. Fiscal arrangements b. Shared territory c. Recognition / reconciliation d. Status of lands e. Self-government f. Certainty Structure and Process of Engagement

Indigenous Nations Not Negotiating should either attend the meeting or call-in to get briefed up on AFN’s discussions/follow-up on the AFN-PM January 11, 2013, meeting regarding the “high level” process on Comprehensive Claims. RECOMMENDATIONS:

1. There should be a list developed of Indigenous Nations Not Negotiating and a conference call organized to set up a face-to-face strategy meeting as soon as possible.

2. A face-to-face meeting should be organized to begin a dialogue among those Indigenous Nations who want to join together in a common strategic alliance of Indigenous Nations to pursue recognition and affirmation of Aboriginal Title and ensure the AFN-PM “high level” process does not prejudice the Aboriginal Title and Rights of those Indigenous Nations who haven’t agreed to negotiate under Canada’s Comprehensive Claims Policy. In turn, it is hoped that this will lead to more formal and ongoing cooperation between these Indigenous Nations, with the shared objective of setting aside the existing policy and process, and obtaining something which more closely reflects their rights and their aspirations.

3. Establishing a coordinating body with political and technical representation on it to ensure

proper representation by Indigenous Nations Not Negotiating in the AFN-PM “high level” process on Comprehensive Claims Policy Reform.

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Submitted By: Russell Diabo Policy Advisor Cell: (613) 296-0110

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Aboriginal Group Participating Aboriginal

Communities

Population Date claim was

accepted

Type of Process

Current Stage of

Negotiations

Provincial / Territorial

Participation

Kingsclear, Madawaska Maliseet First Nation, Metepenagiag Mi'kmaq Nation, Oromocto, Pabineau, Saint Mary's, Tobique, Woodstock

Quebec 6 Atikamekw Nation

Council Les Atikamekw de Manawan, Obedjiwan Indian Reserve No. 28, Wemotaci

6,321 1979 Comprehensive Land Claim Agreement with Self-Government

Agreement-in-Principle

Yes

7 Maliseet of Viger First Nation

800 2003 Comprehensive Land Claim with Self-Government

Framework Agreement

No

8 Mi'gmawei Mawiomi Micmacs of Gesgapegiag, Listuguj, La Nation Micmac de Gespeg



Yes

9 Cree Nation Governance

Cree Nation of Chisasibi, Eastmain, Cree Nation of Mistissini, Cree Nation of Nemaska, Oujé-Bougoumou, The Crees of the Waskaganish First Nation, Waswanipi, Cree Nation of Wemindji, Première Nation de Whapmagoostui

16,000 2008 Self-Government Agreement

Framework Agreement

Yes

10 Quebec Innu - Regroupement Petapan Inc.

Montagnais du Lac St-Jean, Innue Essipit, Montagnais de Natashquan


Final Agreement

Yes

11 La Nation Micmac de Gespeg

700 1999 Self-Government Agreement


Yes

Ontario 12 Anishinabek Nation

(Union of Ontario Indians) - Governance

Aamjiwnaang, Alderville, Algonquins of Pikwakanagan, Atikameksheng Anishnawbek, Beausoleil, Biinjitiwaabik Zaaging Anishinaabek, Chippewas of Georgina Island, Chippewas of Kettle and Stony Point, Chippewas of Rama First Nation, Chippewas of the Thames First Nation, Curve Lake, Dokis, Fort William, Henvey Inlet First Nation, Long Lake No.58 First Nation, Magnetewan, M'Chigeeng First Nation, Michipicoten, Mississauga, Mississauga's of Scugog Island First Nation, Moose


Final Agreement

No


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Deer Point, Munsee-Delaware Nation, Nipissing First Nation, Garden River First Nation, Ojibways of the Pic River First Nation, Pays Plat, Pic Mobert, Red Rock, Sagamok Anishnawbek, Serpent River, Sheguiandah, Sheshegwaning, Thessalon, Wahnapitae, Wasauksing First Nation, Whitefish River, Wikwemikong Unceded Reserve, Zhiibaahaasing First Nation

13 Anishinabek Nation (Union of Ontario Indians) - Education

Aamjiwnaang, Alderville, Algonquins of Pikwakanagan, Atikameksheng Anishnawbek, Beausoleil, Biinjitiwaabik Zaaging Anishinaabek, Chippewas of Georgina Island, Chippewas of Kettle and Stony Point, Chippewas of Rama First Nation, Chippewas of the Thames First Nation, Curve Lake, Dokis, Fort William, Henvey Inlet First Nation, Long Lake No.58 First Nation, Magnetewan, M'Chigeeng First Nation, Michipicoten, Mississauga, Mississauga's of Scugog Island First Nation, Moose Deer Point, Munsee-Delaware Nation, Nipissing First Nation, Garden River First Nation, Ojibways of the Pic River First Nation, Pays Plat, Pic Mobert, Red Rock, Sagamok Anishnawbek, Serpent River, Sheguiandah, Sheshegwaning, Thessalon, Wahnapitae, Wasauksing First Nation, Whitefish River, Wikwemikong Unceded Reserve, Zhiibaahaasing First Nation


Final Agreement

No

14 Fort Frances Chiefs Secretariat

Anishnaabeg of Naongashiing, Couchiching First Nation, Lac La Croix, Naicatchewenin, Nigigoonsiminikaaning First Nation, Rainy River First Nations, Seine River First Nation,


Final Agreement

No


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Mitaanjigamiing First Nation

15 Algonquins of Ontario Algonquins of Pikwakanagan, Mattawa, Snimikobi, Bancroft, Bonnechere, Golden Lake, North Bay, Ottawa, Shabat Obaadjiwan, Whitney



Yes

16 Mohawks of Akwesasne



No

17 Nishnawbe Aski Nation

Albany, Aroland, Attawapiskat, Bearskin Lake, Beaver House, Brunswick House, Cat Lake, Chapleau Cree First Nation, Chapleau Ojibway, Constance Lake, Deer Lake, Eabametoong First Nation, Flying Post, Fort Severn, Ginoogaming First Nation, Hornepayne, Kasabonika Lake, Kee-Way-Win, Kingfisher, Martin Falls, Matachewan, Mattagami, McDowell Lake, Mishkeegogamang, Missanabie Cree, Mocreebec, Moose Cree First Nation, Muskrat Dam Lake, Neskantaga First Nation, Nibinamik First Nation, North Caribou Lake, North Spirit Lake, Pikangikum, Poplar Hill, Sachigo Lake, Sandy Lake, Slate Falls Nation, Taykwa Tagamou Nation, Wahgoshig, Wapekeka, Wawakapewin, Webequie, Weenusk, Whitewater, Wunnumin, Kitchenuhmaykoosib Inninuwug, Kashechewan, Long Lake No.58 First Nation



No

Manitoba 18 Sioux Valley Dakota

Nation 2,300 1991 Self-

Government Agreement

Final Agreement

Yes

19 Inuit Transboundary Negotiations in Northern Manitoba

4,500 2010 Transboundary into northern Manitoba

Final Agreement

Yes

20 Manitoba Denesuline Negotiations North of 60°

Northlands, Sayisi Dene First Nation

4,500 1999 Transboundary into NU & NWT

Final Agreement

Yes

Saskatchewan 21 Meadow Lake Birch Narrows First

Nation, Buffalo River Dene Nation, Canoe Lake


Final Agreement

Yes


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Cree Nation, Clearwater River Dene, English River First Nation, Flying Dust First Nation, Big Island Lake Cree Nation, Makwa Sahgaiehcan First Nation, Waterhen Lake

22 Athabasca Denesuline Negotiations North of 60°

Black Lake, Fond du Lac, Hatchet Lake

4,500 2000 Transboundary negotiations into NU & NWT

Final Agreement

Yes

23 Whitecap Dakota First Nation

500 2010 Self-Government Agreement

Framework Agreement

No

Alberta 24 Blood Tribe 10,000 1996 Self-

Government Agreement

Final Agreement

Yes

British Columbia 25 Allied tribes of Lax

Kw'alaams 3,447 2007 Comprehensive

Land Claim Agreement with Self-Government

Framework Agreement

Yes

26 Carrier-Sekani Tribal Council

Burns Lake, Nak'azdli, Nadleh Whuten, Saik'uz First Nation, Stellat'en First Nation, Takla Lake First Nation, Tl'azt'en Nation



Yes

27 Cheslatta Carrier Nation

337 1997 Comprehensive Land Claim Agreement with Self-Government

Framework Agreement

Yes

28 Da'naxda'xw First Nation



Yes

29 Ditidaht/Pacheedaht 1,021 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

30 Esk'etemc First Nation



Yes

31 Gitanyow Hereditary Chiefs



Yes

32 Gitxsan Treaty Society

Gitanmaax, Gitsegukla, Gitwangak, Kispiox, Glen Vowell



Yes

33 Gwa'Sala- 906 1998 Comprehensive Agreement- Yes


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Nakwaxda'xw Land Claim Agreement with Self-Government

in-Principle

34 Council of the Haida Old Massett Village Council, Skidegate



Yes

35 Haisla Nation 1,716 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

36 Heiltsuk 2,308 1996 Comprehensive Land Claim Agreement with Self-Government


Yes

37 Hul'qumi'num Treaty Group

Cowichan, Lake Cowichan First Nation, Stz'uminus First Nation, Penelakut Tribe, Lyackson, Halalt



Yes

38 Hupacasath First Nation



Yes

39 In-SHUCK-ch Samahquam, Skatin Nations


Final Agreement

Yes

40 Kaska Dena Council Dease River, Kwadacha, and Daylu Dena Council



Yes

41 Katzie 505 1999 Comprehensive Land Claim Agreement with Self-Government


Yes

42 Kitasoo/Xaisxais First Nation



Yes

43 Kitselas 574 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

44 Kitsumkalum 694 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

45 Klahoose First Nation 336 1996 Comprehensive Land Claim


Yes


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Agreement with Self-Government

46 K'ómoks First Nation 280 2007 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

47 Ktunaxa/Kinbasket Treaty Council

Lower Kootenay, St. Mary's, ?Akisq'nuk First Nation, Tobacco Plains



Yes

48 Laich-kwil-tach Treaty Society

Cape Mudge, Campbell River, Kwiakah



Yes

49 Lake Babine Nation 2,356 1996 Comprehensive Land Claim Agreement with Self-Government


Yes

50 Lheidli T'enneh 349 1995 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

51 McLeod Lake 496 2004 Self-Government Agreement

Framework Agreement

Yes

52 Metlakatla 845 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

53 Musqueam Indian Band



Yes

54 Musqueam Indian Band


Framework Agreement

Yes

55 Namgis First Nation 1,734 1998 Comprehensive Land Claim Agreement with Self-Government


Yes

56 Nazko First Nation 634 1996 Comprehensive Land Claim Agreement with Self-Government


Yes

57 Northern Secwepemc te Qelmucw

Canim Lake, Soda Creek, Stswecem'c Xgat'tem First Nation, Williams Lake



Yes

58 Nuu-Chah-Nulth Tribal Council

Ahousat, Ehattesaht, Hesquiaht,

4,921 1995 Comprehensive Land Claim


Yes


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

Mowachaht/Muchalaht, nuchatlaht, Tseshaht

Agreement with Self-Government

59 Quatsino 482 1998 Comprehensive Land Claim Agreement with Self-Government


Yes

60 Sechelt 1,296 1994 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

61 Sliammon 1,002 1996 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

62 Squamish 3,921 1995 Comprehensive Land Claim Agreement with Self-Government

Framework Agreement

Yes

63 Snuneymuxw First Nation



Yes

64 Sto:lo Xwexwilmexw Treaty Association

Tzeachten, Leq'a:mel, Skowkale, Yakweakwioose, Popkum, Aitchelitz, Skawahlook First Nation



Yes

65 Taku River Tlingit 388 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

66 Te'mexw Treaty Association

Beecher Bay, Malahat First Nation, Nanoose First Nation, Songhees First Nation, T'Sou-ke First Nation



Yes

67 Tla-o-qui-aht First Nations



Yes

68 Tlatlasikwala 64 1998 Comprehensive Land Claim Agreement with Self-Government


Yes

69 Tlowitsis Tribe 390 2005 Comprehensive Land Claim Agreement with Self-Government


Yes

70 Tsay Keh Dene 436 1995 Comprehensive Land Claim Agreement


Yes


Communities


accepted

Type of Process

Current Stage of

Negotiations


Participation

with Self-Government

71 Tsleil-Waututh Nation 506 1995 Comprehensive Land Claim Agreement with Self-Government


Yes

72 Westbank First Nation 746 1995 Comprehensive Land Claim Agreement


Yes

73 Wet'suwet'en First Nation



Yes

74 Oweekeno/Wuikinuxv Nation



Yes

75 Xwémalhkwu 463 1997 Comprehensive Land Claim Agreement with Self-Government


Yes

76 Yale First Nation 157 1995 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

77 Yekooche 216 1995 Comprehensive Land Claim Agreement with Self-Government

Final Agreement

Yes

Northwest Territories 78 Acho Dene Koe 623 1976 Comprehensive

Land Claim Agreement with Self-Government


Yes

79 Akaitcho Treaty 8 Dene

Deninu K'ue First Nation, Detah, Lutsel K'e Dene First Nation, Ndilo



Yes

80 Colville Lake 137 2010 Self-Government Agreement

Framework Agreement

Yes

81 Dehcho First Nations Deh Gah Gotie Dene Council, Ka'a'gee Tu First Nation, K'atlodeeche First Nation, Liidlii Kue First Nation, Nahanni Butte, Pehdzeh Ki First Nation, Sambaa K'e (Trout Lake) Dene, West Point First Nation, Jean Marie River First Nation, Fort Liard Métis Nation, Fort Providence Métis Nation,



Yes

Aborigi

82 Deline - and Met

83 Fort Goo

84 Gwich'in

85 Inuvialu

86 K'atlodeNation

87 Norman

88 NorthweMétis Na

89 Tulita - Métis

90 Kaska –Nation, Dena Co

91 Liard FirRoss RivCouncil River

92 First NatNyak Du

93 NorthernNegotiatCarcrossTeslin TChampaAishihik

Date Mod

nal Group

Sahtu Dene tis

od Hope

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Aboriginal Title & Rights vs. Canada's Comprehensive Claims Policy & Process

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Transcript of Aboriginal Title & Rights vs. Canada's Comprehensive Claims Policy & Process