CHAPTER FOUR

Land Claims
c
c
c
AS YOU READ
c Speech to the British
c
The reading that begins this chapter is from a
c Columbia Legislature
c
speech that marked the end of a long struggle c B y D r. J o s e p h G o s n e l l
for one First Nation in Canada. Nisga’a leader c
c Madame Speaker, Honourable Members,
Dr. Joseph Gosnell delivered the speech in the c
British Columbia Legislature in 1998, more than c ladies and gentlemen.
one century after the Nisga’a first petitioned c
c Today marks a turning point in the history
the B.C. and federal governments to recognize c
their land rights and negotiate a treaty. c
of British Columbia. Today, Aboriginal and
c non-Aboriginal people are coming together
Dr. Gosnell’s speech and the land-claim c to decide the future of this province.
settlement made news around the world. c
c I am talking about the Nisga’a Treaty —
Much has changed since the Nisga’a first c a triumph for all British Columbians — and a
presented their land claim. Governments c
c beacon of hope for Aboriginal people around
and Canadian society have shown growing c the world.…
empathy for Aboriginal issues, increased c
c A triumph because, under the Treaty, the
respect for Aboriginal cultures, and a desire
to resolve outstanding claims to land and
c Nisga’a people will join Canada and British
c Columbia as free citizens — full and equal
other Aboriginal rights. c
c participants in the social, economic, and
As you read this chapter, think about the c political life of this province, of this country.
different kinds of land-claims issues facing c
First Nations, Métis, and Inuit peoples. c A triumph because, under the Treaty, we
How are these issues a result of each group’s
c will no longer be wards of the state, no longer
c
unique history? c beggars in our own lands.
c A triumph because, under the Treaty, we
c
c will collectively own about 2000 square
FOCUS QUESTIONS
c kilometres of land, far exceeding the postage-
As you read this chapter, consider these questions: c stamp reserves set aside for us by colonial
c
n Why are land claims important to many c governments. We will once again govern
Aboriginal groups? c ourselves by our own institutions, but within
c
n In what ways do Aboriginal peoples value c the context of Canadian law.
land and land claims? c It is a triumph because, under the Treaty,
n What are different types of land claims c
c we will be allowed to make our own mistakes,
recognized by the federal government? c to savour our own victories, to stand on our
n What are different methods for resolving c
c own feet once again.
land claims?
c A triumph because, clause by clause, the
n How is self-government related to land claims? c
c
Nisga’a Treaty emphasizes self-reliance, per-
n Governments and various groups of
non-Aboriginal and Aboriginal peoples have c sonal responsibility, and modern education.…
c A triumph, Madame Speaker and
often viewed Aboriginal land rights differently. c
What ideas and experiences have shaped their c Honorable Members, because the Treaty
perspectives? How have their perspectives c proves, beyond all doubt, that negotiations —
changed over time? c
c
c
c
c
c
108
c
c
c
not lawsuits, not blockades, not We took to heart the promises
violence — are the most effective, of King George III, set out in the
most honourable way to resolve Royal Proclamation of 1763, that our
Aboriginal issues in this country. lands would not be taken without
A triumph that signals the end our permission, and that treaty-
of the Indian Act — the end of more making was the way the Nisga’a
than a century of humiliation, would become part of this new nation.
degradation, and despair. We continued to follow our
In 1887, my ancestors made an ayuukhl, our code of laws. We vowed
epic journey from the Nass River to obey the white man’s laws, too,
here to Victoria’s inner harbor. and we expected him to obey his
Determined to settle the land own law — and to respect ours.
question, they were met by a But the Europeans would not
premier who barred them from the obey their own laws, and continued
legislature.… to trespass on our lands. The king’s The Nisga’a Treaty, which
Like many colonists of the day, governments continued to take our Dr. Joseph Gosnell
Premier Smithe did not know, or lands from us, until we were told helped negotiate, was
care to know, that the Nisga’a is an that all of our lands had come to the first in modern
old nation, as old as any in Europe. belong to the Crown…. British Columbia history.
Dr. Gosnell is shown
From time immemorial, our Still, we kept faith that the rule here standing outside
oral literature, passed down from of law would prevail one day, that the legislature building in
generation to generation, records the justice would be done.… Victoria, British Columbia.
story of the way the Nisga’a people In 1913, the Nisga’a Land
were placed on Earth, entrusted with Committee drafted a petition to
the care and protection of our land. London. The petition contained a
Through the ages, we lived a declaration of our traditional land
settled life in villages along the Nass ownership and governance and it
River. We lived in large, cedar- contained the critical affirmation
planked houses, fronted with totem that, in the new British colony, our
poles depicting the great heraldry land ownership would be respected.
and the family crests of our nobility. In part the petition said
We thrived from the bounty of
We are not opposed to the
the sea, the river, the forest, and
coming of the white people
the mountains.
into our territory, provided
We governed ourselves accord-
this be carried out justly and
ing to Ayuukhl Nisga’a, the code of
in accordance with the British
our own strict and ancient laws of
principles embodied in the
property ownership, succession, and
Royal Proclamation. If,
civil order.…
therefore, as we expect, the
But there were dark days to
Aboriginal rights which we
come.

109
 c
c
c

under another’s control; the power

to do, say, or think as one pleases.”…
People sometimes wonder why
we have struggled so long to sign a
treaty?…
To us, a treaty is a sacred instru-
ment. It represents an understanding
between distinct cultures and shows
respect for each other’s way of life.
We know we are here for a long
time together. A treaty stands as a
This Nisga’a longhouse symbol of high idealism in a divided
is in New Aiyansh, claim should be established by world. That is why we have fought
British Columbia, where the decision of His Majesty’s so long, and so hard.
the Nisga’a Treaty was Privy Council, we would be I have been asked, has it been
initialled. What animals prepared to take a moderate worth it? Yes, a resounding yes. But,
are represented on the
and reasonable position. In believe me, it has been a long and
longhouse? What do
you think their presence that event, while claiming the hard-fought battle. Some may have
says about the Nisga’a right to decide for ourselves, heard us say that a generation of
relationship to the land the terms upon which we Nisga’a men and women has grown
and its resources? would deal with our territory, old at the negotiating table. Sadly, it
we would be willing that all is very, very true.…
matters outstanding between We have worked for justice for
the province and ourselves more than a century. Now, it is time
should be finally adjusted by to ratify the Nisga’a Treaty, for
some equitable method to be Aboriginal and non-Aboriginal
agreed upon which should people to come together and write a
include representation of the new chapter in the history of our
Indian Tribes upon any nation, our province, our country
commission which might then and indeed, the world.
be appointed.… The world is our witness.
Be strong. Be steadfast. Be true.
Sadly, this was not to be the
case.… p REFLECTION
How the world has changed. Two
days ago and 111 years after Smithe’s 1. What adjectives would you use
to describe the tone of Gosnell’s
rejection, I walked up the steps of this speech? What words and
legislature as the sound of Nisga’a phrases contribute to this tone?
drumming and singing filled the 2. What features of self-
rotunda. To the Nisga’a people, it was determination does he highlight?
a joyous sound, the sound of freedom. 3. Find examples in this speech
What does “freedom” mean? I that demonstrate the Nisga’a
looked it up in the dictionary. It people’s approach to land-claims
issues. What does this approach
means “the state or condition of reflect about their culture?
being free, the condition of not being

110 CONTEMPORARY ISSUES

The Value of Land

M
any Canadians, both
AS YOU READ
Aboriginal and non-
As you learned in Chapter Two, traditional First Nations
Aboriginal, feel a strong and Inuit cultures were tied to the land and its resources.
The land had value in complex ways that intersected with
connection to land. Farming virtually every aspect of life, including spirituality.
families, for example, often become Today, First Nations, Métis, and Inuit peoples in Canada
emotionally attached to their land, are surrounded by value systems that frequently see the
particularly when a farm is passed land in a different light. A value system is a set of standards
from generation to generation. The or qualities considered desirable.
longer people spend in one location How might a resource company value the land? What
and the more their lives revolve about urban dwellers, a farmer, a national park conservation
around the land and its natural officer, and an environmental activist? How might these
life cycles, the stronger the bond people’s values compare to traditional Aboriginal values?
becomes. How do they compare to your own values?
Modern society, however, has This section examines various First Nations, Métis, and
become very mobile. People are less Inuit cultural values regarding land as a way to understand
likely to put down roots. They are why land claims play a central role in many Aboriginal
also less likely to make their living people’s aspirations. The values discussed represent
directly from the land. To many general cultural beliefs, but do not represent the beliefs
people, land has become a com- of all Aboriginal individuals by any means. As you read
pages 111–117, consider how you value land. Are you
modity — something to be bought
connected to a particular reserve, settlement, or other place
and sold. It has monetary value and
on the land? What experiences created this connection?
practical uses, but little hold on
their hearts and spiritual identities.
In contrast, land lies at the very and animals for thousands of years
soul of traditional First Nations and and will sustain them in the future.
Inuit political, economic, social, People care for the land and it cares
cultural, and spiritual ways of life. for them in return, in a reciprocal
According to the oral tradition, the relationship of giving and taking.
land is physically and spiritually a Many Métis people hold similar
part of people. It is part of their ideas, although in general their cul-
identity as humans. Teachings from tural connection to land relates more
the oral tradition maintain that the to political, economic, and social
land has sustained humans, plants, pursuits rather than spiritual beliefs.

But nobody really owns land. This Native people did not feel
teaching is passed on from the ownership of land or homes,
Elders. There is only one owner they felt the responsibility of
and he is not a human being. He preserving it through caring for it.
is the one who owns the land and They maintained the area for
we are here to live together and future use and productivity.
share the land. Land was a shared, living entity.
— Wilf Tootoosis, Saulteaux, — Twylah Hurd Nitsch, Seneca,
In the Words of Elders: Aboriginal In the Words of Elders: Aboriginal
Cultures in Transition Cultures in Transition

LAND CLAIMS 111

 c
c
c
c
c
c
c
c E C O N O M I C VA L U E From an Aboriginal worldview,
c In non-Aboriginal society, the most land is also economically valuable. It
c
c prevalent value attached to land is provides a place for people to make
c economic. This value is what the a living, in both traditional and non-
c land or its resources can be bought traditional ways. Hunting, fishing,
c
c or sold for on the open market. In and trapping still play a role in many
c this sense, land value can be Aboriginal people’s lives. Without a
c
c quantified in dollars. An individual land base and access to unoccupied
c must own land in fee simple to take Crown lands, many of these ways of
c
c full advantage of this kind of land life would be impossible.
c value. This does not mean they have An Aboriginal sense of economic
c
c to sell it. People who own land can value is inherently sustainable. Land
c use it as a security to borrow money. is so much a part of other aspects of
c They can then invest that money in life that traditional Aboriginal people
c
c ways that generate income. would no more destroy the land
than they would destroy themselves.
The end goal is the maintenance of
a way of life and the community.
This is not to say that Aboriginal
peoples today do not wish to take
advantage of the revenue that can
be generated from land. Forestry,
energy, and mineral resources
contribute to the prosperity of
many Aboriginal communities. A
wide range of other industries —
from agriculture to tourism — also
The Nakoda First Nation operates Nakoda Lodge, a hotel, restaurant, and require land.
conference facility that makes use of the First Nation’s prime land in the Aboriginal communities gener-
Rocky Mountains to create economic benefits for the community. What other
First Nations or Métis ventures can you name that use land to create
ally pursue such opportunities as a
economic benefits for their communities? way to re-invest money in the

c
c The one thing we have to be sure of is, our people have always lived off
c
c the land. Now define living off the land in today’s terms. Today’s terms
c would mean that if we are entitled to live off the land, as per agreement
c with Treaty No. 8 in this area, the definition has to change, today, because
c
c we cannot survive on the trapping and hunting economy. What else does
c the land provide: It provides trees, which should belong to the Native
c people, not to Japanese companies. The Athabasca District, this area
c
c has more stuff, minerals, oil and gas than the rest of the world. There are
c only 4000 of us Indians, maybe, in this whole area. They could pay us off
c a million dollars a day, a month and still have lots of profits for themselves.
c
c So that is what we have to push for. If people have to live off the land,
c we have to have some control of surface and sub-surface rights.
c — Roland Woodward, Inkonze: The Stones of Traditional Knowledge
c
c

112 CONTEMPORARY ISSUES

community to strengthen it. Devel-
opment is done carefully, with an eye
to future generations and their needs.

C U LT U R A L V A L U E
Aboriginal cultures are deeply con-
nected to land. Aboriginal people’s
stories, histories, and traditions are
tied to the land of their ancestors. The Keewatin Career Development Corporation helps co-ordinate the programs
By maintaining a link to that land and of career development agencies from northern Saskatchewan. At the
its resources, Aboriginal people can organization’s summer camp, pictured here, Charlotte Sylvestre gets ready
to show students from Descharme Lake, Saskatchewan, how to make
retain a connection to their culture. dried fish. Why might a career development organization have a program
For example, in the Métis that teaches traditional pursuits, such as drying fish? Of what value is land
culture, land means freedom and to a program like this?
autonomy — it is a means to an
end. It is what their people have
demanded as their right throughout
their history as a nation. Land is The land’s spiritual value is some-
associated with an independent way times tied to a specific piece of land.
of life that is inextricable from other A particular location may be the place
cultural values. of traditional ceremonial gatherings,
In addition, land strengthens such as the Sundance. Another
cultures and provides for their future. might be an ancestral burial ground
A common land base encourages or a site known for spiritual power.
people to live near one another and Métis culture is more associated
maintain elements of their culture, with Christian religions, such as
such as ceremonies, kinship ties, Roman Catholicism, so it has less of
and language. this sense of spiritual connection
to land. However, some Métis
S P I R I T U A L VA L U E people may feel a strong bond to
For many First Nations and Inuit the spirituality of their First Nations
peoples, the cultural value of land is ancestors and relatives. If they do,
intertwined with its spiritual value. they may share these spiritual
Traditional First Nations and Inuit connections to land.
spirituality is not separate from
other parts of life. Spirituality is
involved in every aspect of life and
The day of my birth I was helpless and my mother
in every part of the world.
took care of me.… The Northwest is also my mother,
Some First Nations people use it is my mother country.… I am sure that my mother
the expression Mother Earth to country will not kill me any more than my mother did
express the sense that the land gave forty years ago when I came into the world, because
birth to the people and nourishes a mother is always a mother, and even if I have my
them. In return, the people must faults, if she can see I am true she will be full of love
respect, nurture, and protect the for me.
land, as they would a mother. Land is — Louis Riel
an integral part of a person’s identity.

LAND CLAIMS 113

 which reinforced spiritual beliefs.
Experienced people in the commu-
nity modelled behaviour that showed
respect for these laws. Knowledge
and values were conveyed at the
same time.
Today, students in many
Aboriginal-run schools learn tradi-
tional knowledge and values as part
At the Turton Lake Trapping School in the Northwest Territories, 120 kilometres of their overall education. As in the
from the nearest settlement, a group of Dene teens spends the winter trapping past, learning happens inside and
marten and beaver, hunting geese, fishing — and hitting the books. Here
students at the school are shown holding furs at the Fur Harvesters Auction
outside the classroom.
House in North Bay, Ontario. How does this program demonstrate the Having a land base has another
educational value of land? important educational value — it
facilitates Aboriginal language use
c E D U C AT I O N A L V A L U E and preservation. People are encour-
c
c For countless generations, First aged to learn and use traditional
c Nations and Inuit peoples passed on languages if other people living
c
c their traditional knowledge through around them speak those languages.
c everyday teaching. Children collected
c plants with their parents, learning
c S O C I A L VA L U E
c what each one was used for. They Land has a significant social value. It
c listened to Elders tell stories about provides an anchor and focal point
c
c their ancestors, often while working for Aboriginal communities — it is
c alongside them on the land. An home. It provides the location for
c
c uncle might teach a nephew how to social gatherings and spiritual
c set a snare, or a grandmother might ceremonies — virtually all of which
c
c guide her granddaughter’s hand as traditionally take place in natural
c she learned to prepare a buffalo settings, using natural materials.
c hide. Education was informal and
c Such gatherings reinforce a sense of
c part of everyday life on the land. community, feelings of belonging,
c People observed the natural a sense of identity, and self-esteem.
c
c world around them and were accus-
c tomed to reading its signs of weather, P O L I T I C A L VA L U E
c
c seasonal change, and animal activity. The economic, social, cultural,
c People observed and experienced spiritual, and educational values of
c
c natural laws at work — such laws land intersect with land’s political
owledge c showed the hand of the Creator, value. Aboriginal leaders see land as
Kn c
an important component of self-
enous

Using old magazines and newspapers, create a

government and self-determination.
collage that represents your own ideas about and Land provides a springboard from
di g

In values surrounding the land. Your collage can use which to work politically to meet
photographs, headlines, writing, paint, crayon, fabric, community needs. Aboriginal peoples
and even natural materials you collect from outside. can work within or alongside the
Think about how your experiences with the land (or Canadian political system to ensure
lack of experiences) have shaped your ideas and values. the success of their communities.

114 CONTEMPORARY ISSUES

 PROFILE

LAUNA LOYIE
Paddle Prairie Métis Settlement
For someone who loves the land as those times. I can function without
much as Launa Loyie does, becoming amenities better than most people
an environmental technologist was a my age.”
real eye-opener. In high school, Loyie had a pen-
Her mother, a traditional Cree chant for sciences, and considered
woman, taught Loyie that there becoming a nurse. “But with the
are repercussions to everything cutbacks and the work schedules in
humankind does to the land. Now hospitals — double shifts and night
Loyie understands exactly what shifts compromising the health of
her mother meant. the staff — I decided on a career in
“After some research on the environmental technology.”
Athabasca River, I realized that Originally from Keg River, Alberta,
there are five to seven pulp mills Loyie now works as an environmental
and several municipalities that monitor for the Paddle Prairie Métis Launa Loyie
discharge waste into the river. Settlement. Her job is to ensure that
There are also timber operations oil and gas extraction on settlement
near the river. These activities cause land complies with environmental
temperature disturbances that upset protection standards.
the delicate balance of aquatic life. Loyie enjoys performing chemical
From the headwaters of Jasper to the analysis of air, soil, and water, but
Athabasca basin, a 1231-kilometre the results of her work are sometimes
journey, the people of Fort Chipewyan discouraging.
are surrounded by water that is not as
healthy as it once was,” explains Loyie. “From what I see, in general, it
seems we are taking a lot more
In 2000, the thirty-two-year-old from the environment than we are
single mother returned to school to reclaiming,” she observes.
complete a two-year environmental
technology program at Fort On the other hand, she counters,
McMurray’s Keyano College. new companies continue to learn more
about protecting the environment
“Most students found they didn’t from their own research and from
like being out in the heat and cold, sun other companies that have been
and rain, to conduct field research. But operating longer than they have.
I grew up on a farm picking roots in Innovation may be the key to
the fields. My father hunted and we restoring environmental health.
grew a big garden. We chose to live
without electricity or running water for p REFLECTION
years, and I hated it. I’d say to my
How do Loyie’s work and concerns reflect her
parents, ‘This is the twentieth century.
heritage? What qualities make her good at her job?
Why can’t we live like everybody else?’
Write about your own career or work plans.
But now I look back and I’m glad for

LAND CLAIMS 115

 TA L K I N G C I R C L E

T H E VA L U E O F L A N D
Elders possess generations of knowledge about traditional values and how they
can be understood and used today. The reading on pages 116–117 includes
Russell Willier’s ideas about the importance of land and traditional land
management techniques. Willier is a well-known Alberta Elder from the Sucker
Creek Reserve in Alberta. Authors David Young, Grant Ingram, and Lise Swartz
spent time with Willier to write Cry of the Eagle: Encounters with a Cree Healer.
In the excerpt on page 117, the authors describe Willier’s reasons for wanting
a section of the Swan Hills [in Northern Alberta] designated as a retreat for
Aboriginal peoples. Read the excerpt and then discuss Willier’s ideas or your
own about Aboriginal land management techniques and how they can contribute
to Aboriginal and non-Aboriginal societies today.

You may wish to invite an

Elder to your class to
facilitate your talking
circle. If you do so, be sure
you use proper community
protocol to issue the
invitation. Your teacher will
help you with this.

What I can’t understand is when they go logging in

the Swan Hills or Hinton area, they leave the land
next to broke; there are no trees there, no roots,
herbs, nothing. Why don’t they put the farmers
there, since it’s already cleared and wasted land
anyway? They should put the farmers where the
loggers have already done the damage. Then they
try to plant little trees there. Why don’t they just cut
down and drag out the big trees they need without
uprooting the entire area? If they left the smaller
trees, the wind wouldn’t knock them down and the
trees would re-grow a lot faster. Even if the
government says people and jobs come first, they Russell Willier
still have to have respect for nature, because in the
long run it works against people. They can’t see the future. There’s a lot of
damage being done to the environment that should be discussed in order
to realize what’s happening to our country here. We call it the blessed
country, but it is sure to go back to rock in no time. I might not see that,
but our great-grandchildren will.
— Russell Willier, Cry of the Eagle: Encounters with a Cree Healer

116 CONTEMPORARY ISSUES

This land [part of the Swan Hills] is in the Russell sees a great deal of waste of animal
centre of the area traditionally used by remains that could be used to regenerate
natives for vision-quest purposes. Logging is wildlife. Most big-game hunters dispose
being done nearby, and Russell is concerned of moose remains and other large animal
that the vision-quest sites may soon be intestines by throwing them in the dump.
ruined. Russell would like to continue to They should be required to leave the
have a place to take young people for a remains behind in the forest or bring them
wilderness experience that would include to the trapline where other animals can eat
instruction in the vision quest, survival skills, them. This is particularly important for large,
the Sweetgrass Trail, and other traditional commercial fisheries. Although fisheries
native skills and knowledge. He would also located on Lesser Slave Lake are regulated
like to instill in native young people by quotas set by the government, their
traditional values connected with hunting, means of disposal of fish-heads and
particularly a respect for the animals other remains is not only wasteful,
and a responsiveness to the but also destroys wildlife. The
delicate balance of nature. HOW DO present practice is to dump
This means teaching them ABORIGINAL the remains in a large hole,
to exercise control over the P E O P L E S VA L U E which is then covered with
numbers of animals killed, LAND? lye. An animal that comes
to vary the seasons and along and eats the remains
places in which animals dies of lye poisoning.
are hunted, and to obey This, says Russell, is
the fishing and hunting representative of the
regulations…. wrong attitude that many
It is important that more non-natives have developed
native people become Fish and towards the environment,
Wildlife officers. This would give namely “grab, make a dollar, and
them the authority to discipline those few forget about the rest.” Fisheries make
who create problems for everyone, and they considerable profits from their catch, and
would likely have a better understanding of there are enough fish remains to feed many
native needs and environmental issues. local animals. Dispersing these remains in
As Russell says, his ancestors have been areas where animals are starving should be
hunting in this area for many centuries while mandatory. This would create jobs for native
maintaining long-term ecological balance. people in northern Alberta, where there is
Experienced hunters had a vast knowledge much unemployment.
of the resources of the land and the changing — David Young, Grant Ingram, and Lise Swartz,
conditions of game populations. Their hunting Cry of the Eagle: Encounters with a Cree Healer
practices were characterized by their willing-
ness to exercise self-control. Even today,
successful hunters who exhibit competence,
LOOKING BACK
skill, and spirituality, and who do not hunt
excessively, are respected and are often Create a concept map that shows how
contrasted with those who hunt recklessly. the settlement of land claims could
bring about political, economic, social,
p REFLECTION cultural, educational, and spiritual
How do Russell Willier’s ideas about the self-determination for Aboriginal peoples.
land demonstrate traditional values? In what aspect might you expect Métis
How do his ideas compare to those of culture to differ from those of First Nations
James Carpenter on pages 76–77? and Inuit peoples? Why?

LAND CLAIMS 117

 c
c
c
c
Land-Claims History
c
c
Nations signed treaties. In the
AS YOU READ government’s view, these gave the
Through land claims, Aboriginal peoples assert many Crown ownership of Canada. In
of their rights as indigenous peoples in North America. return, the Crown promised to
Claiming land rights is akin to claiming rights to culture reserve land for the First Nations
and self-determination. Through land, groups are often and to provide them with payments
better able to ensure their cultures’ future. of cash and goods, ongoing support
Pages 118–121 explore the early history of land claims in areas such as education, and
in Canada. Review the major concepts you have read continued traditional use of the
about in the textbook so far, such as Aboriginal rights, lands covered by treaties.
Aboriginal title, inherent rights, land rights, treaty rights, Large areas of the country, along
self-determination, self-government, and sovereignty. Make with the many people living there,
a list of these concepts and be sure you understand each. were completely left out of the treaty
As you read, consider how these ideas relate to land claims. process. For example, no Métis or
Make notes each time you see a connection between what
Inuit groups signed any treaties.
you are reading in this section and what you learned earlier.
Some First Nations were also left
out. Many of these groups argue that

T
he historical roots of land claims stretch back they still hold legal title to their
traditional lands. Even groups that
to the Royal Proclamation of 1763. The
did sign treaties sometimes contend
proclamation recognized Aboriginal title to the that the government failed to
honour its obligations, or to uphold
land and established the Crown’s exclusive right to
promised land rights.
c negotiate the “extinguishment” of Through land-claims negotia-
c that title. tions, Aboriginal groups and govern-
c
c Over the next century and a ments (both federal and provincial)
c half, the government and many First try to resolve these disputes.
c
c The Royal Proclamation of 1763
c continues to loom large in Canada
c
c today. When Canada patriated its
c constitution in 1982, Aboriginal
c peoples made sure the constitution
c
c protected their rights as affirmed by
c the Royal Proclamation.
c
Gkisedtanamoogk, of the c
Wabanaki First Nation c T H E N I S G A’ A N AT I O N
from Burnt Church, c
c PETITION
New Brunswick,
participates in a land-
c When British Columbia became a
c
claims demonstration c province in 1871, the federal
outside the Supreme c government planned to aggressively
Court on June 21, 2001. c pursue treaties there, just as it had
c
Protestors laid hundreds c across the prairies. But B.C.’s first
of blankets on the lawn. c lieutenant-governor, Joseph Trutch,
What statement do you c
think the protestors c had other ideas. He did not believe
were trying to make c that First Nations had land rights
c
with the blankets? c and advised Canada’s prime minister,

118 CONTEMPORARY ISSUES

 LAND CLAIMS: A LOADED TERM?

In the Cree language, a land claim is described as kâwi ta

tipeyihtamihk askiy (to own the land again). In Blackfoot, a
land claim is iihtai’tsskao’pistsi ksaahkoistsi i’tomootspistsi
(fighting for lands that were taken away from us.)
However, many Aboriginal peoples reject the term land
claims. They see land as their inherent Aboriginal right,
not something they need to claim and defend.
That said, land claims are an historical, political, and
legal reality in Canada. The term has widespread use,
even among those who reject its validity. By using it in
this book, we do not intend any negative reflection on
Aboriginal beliefs or aspirations.

... [T]he term “Land Claim” is itself both a

Nisga’a Chief Israel Sgat’iin, shown here in a misleading title and an insult to First Nations.
robe of silver-tipped grizzly bear, was a staunch If there is any doubt as to ownership, the
defender of his nation’s traditional lands. benefit of the doubt must go to the original
In 1886, he had two government surveyors owners — the First Nations. Why should we
“escorted” out of the Nass Valley. “These are have to claim our own lands? The burden of
our mountains and our river,” he reportedly said. proof of legal title or interest in First Nations
lands must rest with Canada.
— Six Nations of the Grand River Territory,
“Inadequacies of the Federal Land Claims Policies”
John A. Macdonald, not to pursue
treaties in B.C. p REFLECTION
The Nisga’a Nation of north- What is your opinion of the term land claim? Do
western B.C. has spearheaded you agree with the perspective of the Six Nations
Aboriginal land-rights activism in of the Grand River Territory? Explain your answer.
Canada. In the 1880s, the Nisga’a
sent delegations to Ottawa and
Victoria to defend their land rights,
but got no response. In 1890, they
established the Nisga’a Land However, the British government
Committee to defend their interests. referred the problem back to
In 1913, the committee sent a Canada’s government — and little
formal petition to the British gov- happened.
ernment. The petition argued that
the Nisga’a had never surrendered LAND CLAIMS AND
their land under the terms of THE INDIAN ACT
Britain’s Royal Proclamation of In terms of land claims, the 1876
1763. It called for negotiations. Indian Act has had two lasting
The petition marked an impor- effects. In the act, the federal
tant event in Canada’s history: the government made itself the arbiter
first time a First Nation used of who qualified as a Status Indian.
European law to argue for its rights. For years, the federal government

LAND CLAIMS 119

 c
c
c
c
c
c
c
c refused to recognize land claims In 1967, the council launched a
c from anyone except Status Indians. court battle that became known as the
c
c This disqualified Inuit people, Métis Calder case, named after council
c people, and First Nations people president Dr. Frank Calder. The
c without status under the Indian Act. Nisga’a contended that they still held
c
c The Indian Act also established legal title to their traditional lands,
c roadblocks for First Nations people since they had never signed a treaty.
c
c who qualified to submit land claims. Their case went all the way to the
c For example, in 1927, partly in Supreme Court of Canada. However,
c
c response to the Nisga’a petition, the the court could not reach consensus
c federal government amended the on the validity of the Nisga’a claim
c
c act to make it illegal for First and ended up rejecting it on a
c Nations to raise money to pursue technicality.
c land claims. This restriction In its ruling, however, the court
c
c remained in place until 1951. declared that, in the absence of an
c agreement in which the Crown
c
c THE CALDER CASE explicitly stated its intention to
c After 1951, revisions to the Indian Act extinguish title to land, Aboriginal
c
c meant that First Nations could once peoples could still hold rights to
c again organize to pursue land rights. land and resources. This meant
c
c In 1955, the Nisga’a re-established Aboriginal title legally pre-existed
c their land committee, re-naming it any declarations by the Crown
c the Nisga’a Tribal Council. regarding sovereignty.
c

CEDED AND NON-CEDED LANDS: WHERE ARE THEY?

Treaties cover many parts of Canada. The Aboriginal peoples never made agreements
Canadian government generally considers to share. These lands include some of
these areas ceded lands — given up by First Canada’s most remote regions, which have
Nations. In the government’s view, this was the not experienced the pressures of settlement
point of treaty making and in keeping with the and development like those that triggered
intentions of the Royal Proclamation of 1763. treaty making in other parts of Canada.
Many First Nations believe, however, that These lands also include most of British
their ancestors did not understand that treaties Columbia, which includes some of Canada’s
were aimed at ending their Aboriginal title and most populated urban centers. British Columbia
rights to land. They believe that their ancestors is an exceptional case in Canada and an
saw the treaties as agreements to share some important focus of this chapter.
of their land for certain purposes, such as
agriculture, while retaining inherent rights to p REFLECTION
the land. They also argue that, according to Using a blank map of Canada, block out
oral tradition, the written treaties fail to the territory covered by Canada’s historic
accurately reflect important verbal agreements treaties. These treaties are shown on a
that were part of the negotiations. In their view, map on page 25. As you work through this
First Nations have never given up Aboriginal chapter, continue to block out territories
rights to their lands. covered by land-claims agreements. Use
A large part of Canada remains outside any different colours for historic treaties and
treaty. These are non-ceded lands, areas modern treaties.

120 CONTEMPORARY ISSUES

 THE EVOLUTION OF FEDERAL POLICY
ON ABORIGINAL LANDS

1763 Royal Proclamation recognizes Aboriginal title to land

in the West and gives the Crown the exclusive right 1760
to negotiate the extinguishment of Aboriginal title
The Calder case is the first of many significant 1876 Indian Act forbids selling or leasing reserve land to
court cases First Nations have used to support any group except the Crown
their rights claims. This photograph shows 1889 Indian Act revision gives the federal government 1780
Nisga’a leader Frank Calder speaking to media more control over management of reserve land,
after a meeting in 1973 with Prime Minister including the ability to lease reserve land over band
Pierre Trudeau and Minister of Indian Affairs council objections
Jean Chretien. 1800
1913 Nisga’a petition is the first land claim in Canadian
history
As a result, the Calder case was 1927 Indian Act revision makes it illegal for First Nations
far from a defeat for Aboriginal land to hire a lawyer (without the government’s
1820
rights. Before the Calder ruling, the permission) to pursue claims against the federal
federal government held the position government
that Aboriginal title did not exist as 1951 Indian Act revision removes restriction on First
Nations legal action against the federal government 1840
a legal concept. This allowed it to
1967 Nisga’a Tribal Council sues the federal government
turn a blind eye to Aboriginal land in what became known as the Calder case
rights in large sections of the country. 1973 Supreme Court ruling on the Calder case finds that
The Supreme Court’s recognition of Aboriginal title exists in Canadian and Aboriginal law 1860
Aboriginal title required new respect 1974 Federal government launches the Office of Native
for Aboriginal land claims — and a Land Claims
new commitment from governments 1981 In All Fairness: A Native Claims Policy gives more
1880
to settle them. Governments could flexibility to land-claims negotiators
no longer claim exclusive authority 1982 Constitution Act recognizes Aboriginal rights and
to make decisions concerning gives modern land-claims agreements the same
protection as treaty rights
Aboriginal lands. 1900
1985 Coolican Report criticizes the federal government’s
In 1973, the federal government
policy of requiring the extinguishment Aboriginal
announced a revised land-claims title and rights in land-claims settlements
policy, and the following year it 1986 Federal government revises claims policy and 1920
created the Office of Native Claims, removes requirement that rights and title be
which could, for the first time, extinguished in land-claims settlements
negotiate land-claims settlements 1990 Oka crisis results in changed attitudes towards
based on unextinguished Aboriginal many Aboriginal rights issues 1940
title. The meaning of this develop- 1990 Federal government revises claims policy, removing
ment is the topic of the next section, six-claim limit on the number of claims it will
negotiate at one time
pages 122–134. 1960
1991 Federal government revises claims process to
improve efficiency and creates the Indian Specific
LOOKING BACK Claims Commission and the Indian Claims
Commission to review land claims rejected by the 1980
Re-read Dr. Joseph Gosnell’s federal government
speech from pages 108–110 and
1998 Gathering Strength — Canada’s Aboriginal Action
write in your journal about the Plan affirms the federal government’s
significance of the Nisga’a land understanding that treaties, both historic and 2000
claim to other Aboriginal land modern, are a key basis for the future relationship
claims in Canada. between Aboriginal peoples and the Crown

LAND CLAIMS 121

 c
c
c
c
First Nations Land-Claims Issues
c
c
owledge
Kn
AS YOU READ

enous
First Nations with status under the Indian Act often have Review the excerpt from the
Constitution Act on page 80 to

di g
different perspectives on land issues and land claims than
other Aboriginal peoples. Status First Nations people also In find where modern land-claims
differ from one another in these perspectives, but they agreements are mentioned.
tend to share many key concerns. Different perspectives How does the constitution
are the result of different histories, cultures, and current support the rights gained in
political and economic situations in Canada. This section historic and modern treaties?
deals with the land-claims process and the issues
affecting First Nations land claims. As you read, make represented a major step in the gov-
a list of key issues that affect these land claims. What
ernment’s recognition of Aboriginal
makes some claims easier to resolve than others? What
rights. However, government policy
approaches seem to work best in settling claims?
still sought to extinguish Aboriginal
title to the land, rather than to share

A
boriginal groups launch land claims when they or accommodate it. In order to settle
claims, Aboriginal groups had to
believe they are entitled to more land than they
agree to give up their Aboriginal
have. Indian and Northern Affairs Canada defines two title. The federal government wanted
to achieve a degree of “certainty”
main types of land claims: that any settlements they reached
c would be final. They did not want to
c • Comprehensive land
face additional claims in the future.
c claims flow from Aboriginal
c The ONC’s first seven years
c rights and title that, like the
resulted in only two successfully
c Nisga’a territory, have never
c concluded comprehensive land
come under treaties or
c claims, one with the James Bay Cree
c other legal agreements. The
c and one with the Naskapi in
settlement of a comprehen-
c northern Quebec. In 1981, the
c sive land claim is considered
c
federal government updated and
a modern-day treaty.
c expanded its land-claims policy in a
c • Specific land claims arise
document titled In All Fairness: A
c when First Nations believe
c Native Claims Policy.
c the government has not
The new policy gave negotiators
c properly fulfilled treaty or
c a bit more room to manoeuvre. They
other legal obligations.
c could now grant First Nations title to
c
c their own reserve lands and partial
c O F F I C E O F N AT I V E rights to other land — for hunting
c and fishing, for example. The policy
c LAND CLAIMS
c In response to the Calder decision, also offered First Nations more
c the federal government launched authority to administer their own
c
c the Office of Native Claims (ONC) affairs, though it stopped short of
c in 1974. The ONC was to handle full self-determination. The policy
c
c both specific and comprehensive failed to address the needs of Abor-
c land claims. Formation of the ONC iginal peoples without reserve lands.
c

122 CONTEMPORARY ISSUES

 In 1982, parliament enshrined
Aboriginal rights in Section 35 of
Canada’s new constitution. Consti-
tutional amendments in 1983 made
it clear that modern land-claims
agreements would have the same
status as other treaties. Although
Quebec refused to participate in
the new constitution, it passed Many non-Aboriginal Canadians support Aboriginal land claims, often from
provincial legislation affirming these principles of fairness and justice, echoing the Coolican Report’s findings. In
land rights. this photograph from 2003, singer-songwriter Bruce Cockburn asks Prime
Minister Jean Chrétien to settle a land-claim promise the prime minister
THE COOLICAN REPORT made to the Lubicon Lake Cree in 1993.
Some Aboriginal groups criticized
In All Fairness: A Native Claims Policy The report urged Ottawa to
for its continued emphasis on build “living,” lasting partnerships
extinguishing Aboriginal title to with Aboriginal peoples, instead
lands outside reserves. They also felt of limited, final settlements.
that the government remained Furthermore, it recommended that
committed to assimilating Aboriginal the federal government consider
peoples, rather than helping them political, social, and cultural issues in
preserve their societies and cultures. negotiating land claims, in addition
In 1985, the federal government to economic issues.
appointed a task force to re-examine In 1986, the federal government
the government’s land-claims policy. responded to the Coolican Report’s
The Task Force to Review Compre- findings by removing the require-
hensive Claims, headed by Murray ment that land-claims settlements
Coolican, met with Aboriginal extinguish Aboriginal title. This
representatives across Canada. It change made it possible to settle
recommended sweeping changes to several long-standing claims that
federal policy in its report Living had been hung up on this one
Treaties, Lasting Agreements — better requirement.
known as the Coolican Report.
The report criticized the Aboriginal peoples have never accepted the notion that
approach of the past as funda- the price of their well being in the land of their ancestors
mentally flawed. This approach was the abandonment of their cultural distinctiveness
offered cash and reserves in exchange and special Aboriginal status. Through centuries of social
for extinguishing Aboriginal title. and economic hardship and a sustained government
“To date,” stated the document, policy of assimilation, their deep sense of Aboriginal
“treaties and modern settlements identity has remained remarkably strong, and their
have provided neither the finality communities have survived.
desired by governments nor the Canada still has an opportunity to make lasting agree-
guarantee for the future desired by ments with Aboriginal peoples based on the recognition
Aboriginal peoples.” and affirmation of their Aboriginal rights and with respect
for their unique and enduring place in Canadian society.
— Living Treaties, Lasting Agreements (Coolican Report)

LAND CLAIMS 123

 c
c
c
c
c
c
c
c THE LAND-CLAIMS Court battles carry huge costs —
c PROCESS potentially crippling to an Aboriginal
c
c To launch a comprehensive claim, group — and can take years. They
c an Aboriginal group must research also create winners and losers, a
c its case and submit evidence to the situation that can lead to frustration
c
c federal government through Indian and confrontation. The federal gov-
c and Northern Affairs Canada ernment and most Aboriginal groups
c
c (INAC). Specific claims in the west- place a high priority on negotiating
c ern provinces go to Specific Claims land claims whenever possible.
c
c West, which is the part of INAC Comprehensive Claims
c responsible for settling specific claims
c According to government guide-
c in British Columbia, Alberta, Sask- lines, comprehensive claims must
c atchewan, Manitoba, and the Yukon. meet the criteria that follow:
c
c The government then reviews
c the claim and decides if it has • The Aboriginal group is, and
c was, an organized society.
c legal merit.
c If the government accepts the • The Aboriginal group has
c occupied its territory since
c claim, it begins negotiating with the
c Aboriginal group to settle it. Pro- time immemorial. Its occu-
c vincial or territorial governments pancy was “an established
c
c participate as well, because the lands fact” when European nations
c in dispute often fall within their asserted their claim on the
c territory.
c jurisdictions.
c If the government rejects a • The Aboriginal group
c occupied the territory mostly
c comprehensive claim, the Aborig-
c inal group can ask the Indian Claims to the exclusion of other
c organized societies.
c Commission (ICC) to review the
c decision. The ICC was created by • The Aboriginal group
c
the federal government in 1991. It is continues to use and occupy
c
c an independent body that can hold the territory for traditional
c
public inquiries into land claims purposes.
c • The group’s Aboriginal title
c rejected by the federal government.
c It also sometimes mediates in and rights have not come under
c any treaty, or become restricted
c disputes between the government
c and Aboriginal groups. The Indian by other lawful means.
c
c Specific Claims Commission (ISCC), Comprehensive claims are highly
c also recreated in 1991, reviews issues complex. It can take years for all
c
c surrounding specific claims. sides to reach a final agreement.
c If an ICC or ISCC review fails In the first three decades of the
c
c and the Aboriginal group wishes to government’s claims policy — from
c continue their claim, it may have to 1973 to 2003 — only fifteen compre-
c
c file a lawsuit against the government. hensive claims reached resolution.

124 CONTEMPORARY ISSUES

COMPREHENSIVE CLAIM: THE ALGONQUINS OF GOLDEN LAKE FIRST NATION
The Algonquins of Golden Lake First
Nation put forward its comprehensive Shared Objective
land claim in 1985, stating its claim to …We are committed to achieving a just and equitable
3.6 million hectares in southeastern settlement of the longstanding claim of the Algonquins
Ontario. Two historic treaties cover the of Golden Lake First Nation, and in doing so, we intend
region, but neither treaty involved the
• to avoid creating injustices for anyone in the
Algonquins of Golden Lake.
settlement of the claim;
In 1772, just nine years after the Royal
• to establish certainty and finality with respect to
Proclamation of 1763, the First Nation
title, rights, and interests in the land and natural
sent its first petition to the Crown
resources with the intention of promoting stability
protesting the loss of its lands. More than
within the area and increasing investor confidence;
two centuries later, in 1983, it delivered its
• to identify and protect Algonquin rights;
twenty-ninth petition. In each document,
• to protect the rights of private landowners, including
the First Nation insisted that it had never
their rights of access to and use of their land;
surrendered its traditional lands and so it
• to enhance the economic opportunities of the
retains title to those lands.
Algonquins with the intention of also benefiting
It is safe to say that the Golden Lake and promoting general economic and commercial
claim posed fewer complications in 1772. opportunities in the area;
Today, the area they claim includes one • to ensure that Algonquin Park remains a park for
of Canada’s largest military bases, CFB the appropriate use and enjoyment of all peoples;
Petawawa. It also covers Algonquin • to establish effective and appropriate methods
Provincial Park and the entire National and mechanisms for managing the lands and
Capital Region — including Parliament natural resources affected by the settlement,
Hill. More than one million people now consistent with the principles of environmental
live in the area, and 59 per cent of the sustainability; and
land is privately owned. • to continue to consult with interested parties
The Ontario government began throughout the negotiation process and to keep the
negotiations with the First Nation in 1991, public informed on the progress of negotiations.
and the federal government joined them — Joint statement by the Government of Canada,
in 1992. In 1994, the three parties issued the Government of Ontario,
a “Shared Objective” statement to give and the Algonquins of eastern Ontario
people a sense of where the talks might
ultimately lead. Since then, the statement
has served as a guide for the negotiations.
Of course, it is one thing to share an North Bay
N
objective and it is another thing to reach Ot
taw
Lake
it. Land-claims negotiations often involve Nipissing
a QUEBEC
R.

a lot of stops and starts — sometimes Pembroke

Hawkesbury
with years in between. Nearly a decade er
Riv Montreal
Whitney
after releasing the statement, the CLAIM Ottawa ce
Huntsville TERRITORY en
negotiators still had not begun to iron out ONTARIO wr
Brancroft Kemptville La C ANA D A
the specific details of a final agreement. Perth U NITED
Even optimistic observers do not expect Sharbot Lake S TATES
a settlement until 2009. in
t
Lake Sa
Simcoe Peterborough Kingston
p REFLECTION
0 100 km
What is happening with the land claim Toronto Lake Ontario
now? To find out, enter Algonquin land
claim into an Internet search engine. Algonquins of Golden Lake First Nation Claim Territory

LAND CLAIMS 125

 c
c
c
c
c
c
In September 2003, the Siksika First Nation used oral history as
evidence to present and settle a specific land claim with the
federal government. The case involved a 1910 land surrender
that left the Siksika First Nation with less land than it had been
promised by the government. In this photograph, Minister for
Indian and Northern Affairs Robert Nault is signing the
agreement with Chief Stimson. The First Nation received
$82 million in financial compensation — money that will be
placed in a trust fund for future community projects.
c
c
c Specific Claims Some First Nations selected a
c According to the federal govern- reserve, but received too little land.
c
c ment, reasons for filing specific land The numbered treaties determined
c claims include the size of reserves based on a per-
c
c person calculation. Sometimes First
• unfulfilled treaty or Indian Act
c Nations had bigger populations
c obligations, including unful-
c
than the government accounted for.
filled treaty land entitlements
c In contemporary times, some
c • illegal sale or expropriation
First Nations populations have
c of First Nations land
c grown, putting a strain on reserves
c • failure to fairly compensate
originally allocated for fewer people.
c First Nations for land
c In addition to natural growth, some
expropriated, sold, or
c First Nations populations have
c damaged by the government
c expanded considerably because of
• mismanaged trust accounts
c people reinstated by Bill C-31 and
c or leases of reserve land to
c
other government actions.
third parties
c From 1885–1918, the Canadian
c The history behind each specific government actively pursued a policy
c
c claim is unique. In some cases, of land expropriation to further its
c groups never received the land immigration drive and to build roads
c
c promised to them. For example, and railways. Under Clifford Sifton
c some First Nations never received and then Frank Oliver, the office of
c
c reserves, even though they signed the Superintendent of the Interior
c treaties that promised them. and Minister of Indian Affairs
c pushed many of its Indian agents to
convince First Nations to surrender
land. Some First Nations agreed or
I remember our head chief, when approached some were forced to agree.
years ago about surrendering his reserve, replied in this Many First Nations also lost
way. He bent down and plucked a handful of grass and, land after World War I, when the
handing it over, said “This you can use.” Then, bending
government took over land to give
down with his right hand, he picked a handful of earth
to veterans.
and pressed it to his heart and said “This is mine and will
always be mine for my children of the future.”…
Some First Nations lost these
lands without any compensation.
— Akay-Na Muka (James Gladstone), Kainai First Nation,
in his first speech in the Senate on August 13, 1958 Others were compensated, but at less
than market value. These piecemeal

126 CONTEMPORARY ISSUES

losses add up to a lot of land: by gave the Director General of the
the 1950s, Aboriginal peoples in Specific Claims Branch the authority
Saskatchewan and Manitoba had to settle any claims up to $500 000.
lost almost one third of the land Despite some improvements to
originally set aside for their reserves. the process, many First Nations
Specific land claims are more remain frustrated by the length of
common than comprehensive claims. time it takes to settle claims, by the
As of September 2003, according to costs involved in pursuing claims,
Indian and Northern Affairs, and by the growing backlog of
252 specific claims had been settled claims waiting for review. The
and 112 more were in negotiation. Assembly of First Nations estimates
To help deal with the volume of that it will take 150 years for the
claims, the government created a government to catch up, unless the
ues for I
“fast track” process in 1991. This process can be improved dramatically. Iss

nv
estigatio
RESEARCHING SPECIFIC LAND CLAIMS
On March 31, 1958, the Michel Band ceased to exist when the whole band was enfranchised n
under Section 110 of the Indian Act. As part of the government’s enfranchisement policy, band
members lost their reserve, which was about 24 kilometres northwest of Edmonton.
In 1985, descendants of these band members and their supporters formed a group called
the Friends of the Michel and filed a specific claim with the federal government for “invalid
surrenders of reserve land.”

To w h a t e x t e n t h a v e F i r s t N a t i o n s i n A l b e r t a m a d e g a i n s t h r o u g h
land claims?

W H AT T O D O
1. Using the library, Internet, and this 3. Examine each land claim in terms of
textbook, research two land claims from the benefits or proposed benefits for
Alberta. You may choose to find the the communities involved.
status of the Michel Band’s claim or one 4. Create a PowerPoint™ presentation
of the land claims that follow: to explain each claim. Include graphics,
• Lubicon Lake Cree Land Claim such as maps or photographs. Your
• Woodland Cree Settlement presentation should provide a summary
• Loon River Settlement comparison of the two claims and
• Nakoda (Stoney) Submission should be no longer than twelve slides.
• Siksika (Blackfoot) Submission 5. Present your project to the class.
• Mountain Cree Submission
• Blood-Cardston Claim T h i n k i n g A b o u t Yo u r P r o j e c t
• Peigan Nation Claim As a class, discuss the similarities and
2. Your research should investigate the main differences among the land claims presented.
events and issues of each claim, including
if, how, and when they were settled. If they
are not settled, explain why. You might want
to create a timeline of important events.

LAND CLAIMS 127

 c
c
c
c
c
c
c
c Obstacles to Settlements
c Fair settlements for land claims pose In addition, First Nations are
c many challenges, such as assessing forced to negotiate with a govern-
c
c the precise entitlement, choosing ment that has relatively unlimited
c lands, or agreeing upon fair compen- resources at its disposal. The system
c
c sation for lands. Third party interests also puts the federal government in
c must be accommodated. Third the awkward position of reviewing
c
c parties might be innocent people and validating claims made against
c whose homes or businesses are on itself. In the land-claims game, the
c
c disputed land. Some third parties may government is both a player and
c even be other Aboriginal groups. the referee.
c
c

SASKATCHEWAN’S URBAN RESER VES

Some First Nations are finding innovative ways to reserves are the result of First Nations com-
develop their communities through agreements munities buying land in municipalities and
with provincial or municipal governments. converting the land into new reserves.
Since the early 1980s, several First Nations in Most urban reserve lands belong to First
Saskatchewan have established urban reserves Nations that have other land bases outside the
through agreements with municipal governments. municipality. Some urban reserves were created
Municipal governments have powers delegated by purchasing lands and buildings. Most were
from the provincial government. created from lands once owned by the federal
The first urban reserve in Saskatchewan was government and given to First Nations com-
the Opawikoscikan reserve — established in munities to satisfy past treaty entitlements.
1982 in Prince Albert by the Peter Ballantyne Urban reserves have the same legal status
Cree Nation. This reserve, and others estab- as rural reserves. In most cases, the First
lished later in Saskatoon, Yorkton, and Fort Nation with an urban reserve signs an agree-
Qu’Appelle, is unlike urban reserves in other ment with the municipality that deals with law
provinces. Most urban reserves began as rural enforcement, taxation, and municipal services.
reserves and became part of municipalities as
a result of urban sprawl or annexation of lands In recent years, some First Nations in other
by the municipality. In Saskatchewan, urban provinces have drawn up plans to create their
own urban reserves. Many First Nations see
them as a way to promote economic self-
sufficiency by providing more diverse sources
of income and employment for their members.
In turn, this could lead to better self-governing
possibilities.

p REFLECTION
The Peter Ballantyne Cree Nation settled a specific land
claim in December 1993. It received $62.4 million, most How might Saskatchewan’s urban reserves
of which was earmarked to purchase additional land. be a model for other Aboriginal peoples
Since then, the First Nation has created many urban as they pursue land claims and self-
reserves that serve a variety of purposes, such as this government goals?
school on the edge of Prince Albert, Saskatchewan.

128 CONTEMPORARY ISSUES

 PROFILE

JOE WEASEL CHILD

Siksika First Nation
For sixteen years, Joe Weasel Child, Land of the land formally recognized
Claims Manager for the Siksika Nation and protected by the govern-
of southern Alberta, has pressured the ment, but to no avail. Only
federal government to make good on its recently have representatives of
treaty promises. the Department of Indian and
After countless legal battles, delays, and Northern Affairs and Parks Canada
legislative setbacks, is he ready to give up? agreed to enter into negotiations
Not by a long shot. According to Weasel to finally settle the matter.
Child, the victories along the way have The First Nation has had
been sweet, despite the many challenges. some success already with land
“From the start, our leaders signed claims. In 1992, mineral rights Joe Weasel Child is
the treaty with false understanding. They to a 4860-hectare parcel were being interviewed
were told they were signing a peace restored to the Siksika Nation. here in front of
In 1998, they settled three land Castle Mountain.
treaty and that Her Majesty the Queen
wanted to set aside a place for them claims, amounting to approximately
to live, protected from the Europeans 10 per cent of the land that had been sold.
coming into Canada,” Weasel Child The nation still has an outstanding land
explains. “They signed Treaty Seven claim for 46 575 hectares, along with
in 1877, but by 1892, our nation was claims for ammunition and livestock
already suffering relinquishment of land.” promised in 1879.

In the early 1900s, the First Nation’s The loss of land has left the Siksika
situation got worse. At this time, there Nation, which has 6000 members, with
was a general effort among Indian an overcrowding and unemployment
agents on the prairies to sell reserve problem on their reserve.
lands. By the 1950s, half of the Siksika’s “Today we have twice the population we
621.6 square kilometre parcel of land had at treaty signing, but only half the land.
was sold — at half the fair market price. That makes it tough for band members
The nation then lost another who would like to move back to the
10.7 hectares of prime land near Castle reserve. There is a four to five year backlog
Mountain, not through a land sale, but in housing here,” says Weasel Child.
through deceit. According to Weasel Child, p REFLECTION
“Since the prairie land we were initially
In what ways did the Siksika First Nation lose
given had no timber on it, we were given
sections of the reserve lands it was promised
a parcel in the mountains so we could
in Treaty Seven? What specific problem does
have wood for building houses. Later,
Weasel Child identify as resulting from this land
we were told the land had burned.”
loss? Use proper community protocol to invite
If government officials thought this a local band council member to your class.
news would prompt the First Nation to Ask him or her to discuss how unfulfilled treaty
give up ownership of the parcel, it was promises affect his or her First Nation today
mistaken. For several decades, the or how resolution of a land claim has benefited
Siksika Nation tried to have its ownership the community.

LAND CLAIMS 129

 c
c
c

S P E C I F I C C L A I M : B I G S T O N E C R E E N AT I O N

In 2001, the population of the Bigstone Cree In 1899, when government officials negotiated
Nation (BCN) in Alberta was approximately 5805. Treaty Eight at Wabasca, many First Nations
Most of the BCN’s members now live in one of participants had to put aside their traditional
six main communities in northern Alberta. systems of political and social organization
In the nineteenth century, however, the to meet the needs of treaty negotiations.
Bigstone Cree lived in extended-family groups Different groups were sometimes labelled as
of two to five families each. These groups members of the Bigstone Cree, even if this
used a large territory in their circular seasonal label had nothing to do with traditional kinship
migrations — a huge piece of what is now ties or other alliances. This somewhat arbitrary
Alberta. These groups did not all have a sense grouping meant it took many years for the
of common political identity. BCN to adjust and organize itself politically
to negotiate effectively with the federal
government.
Traditional territory A second problem affecting the BCN’s treaty
Bigstone Cree Nation communities rights is that the government had no way of
map
with land claims area getting an accurate population count at the
Bigstone Cree Nation reserves time of the treaty negotiation. The government
ALBERTA
met and negotiated with people who happened
to be in the Wabasca area at the time.
Further complicating the situation, the
federal government gave many First Nations
the option of either taking treaty or taking scrip.
N People who took treaty became Status Indians.
Those who took scrip gave up their treaty status
Wabasca
Chipewyan and received scrip entitling them to either
River Lake
240 acres (97.1 hectares) of land or $240 in
Peerless Lake cash. By 1901, 235 members of the BCN had
N taken treaty and 106 had received scrip.
Trout Lake
At that time, few settlers showed interest in
moving to northeastern Alberta. As a result,
r
i ve
Muskw a R the treaty commissioners saw no need to set
166C
aside reserve lands right away. They decided
sca River

Wabasca-Desmarais
166B 166A to put off a formal land survey until later, when
166
166D non-Aboriginal settlement began to interfere
Sandy Lake
ab a

with traditional land use.

Ath

In 1913, the Department of Indian Affairs

L e sser Slave L. finally surveyed land for a reserve. In the
183 meantime, more people had come forward to
Slave Lake Calling
Lake join the BCN or to accept scrip. Many people
in outlying areas, however, did neither. They
simply carried on with their traditional lives,
0 50 km hunting and trapping.

Bigstone Cree Nation Traditional Territory

and Communities, 2004

130 CONTEMPORARY ISSUES

 In the 1920s and 1930s, fur markets declined.
Many of those who had not felt any need to
take treaty now came forward. These groups
were added as adhesions to the population of
the BCN, again without consideration of natural
alliances and kinship patterns.
It became increasingly clear that the size of
the 1913 reserve could not accommodate the
BCN’s population. In 1925, leaders began to
request additional reserve land. In 1937, the
Department of Indian Affairs ruled that the BCN
was entitled to an additional 11 585 hectares,
but for some reason only a portion of this land While waiting for a resolution of its claim, the Bigstone Cree Nation
was set aside for them. called for a freeze on further commercial activity on Crown land
it identified as part of its traditional territory. When that failed
More than half a century later, in 1989, the to happen, it put up “No Trespassing” signs, sparking a dispute
BCN filed a specific land claim. It argued that with oil and gas contractors. Based on what you can read in this
the 1913 and 1937 surveys both failed to sign, what sources of authority does the First Nation use for its
provide enough land for the group’s actual territorial claim?
population.
In the BCN’s view, the government never however, the federal government changed its
fulfilled its treaty obligations. Furthermore, the policy towards treaty land entitlement claims.
claim argues, any effort to correct the treaty In 1998, it decided to reverse its earlier decision
land entitlement should take into account the and accept the BCN land claim for negotiation.
BCN’s population growth to the present day. In February 2002, the BCN released a
Treaty Eight promised 128 acres position paper on its claim. The paper includes
(51.8 hectares) per person. Based on the a summary of historical events from the band’s
BCN’s current population, that adds up to a perspective and an outline of the benefits it
big reserve: about 300 800 hectares. The BCN hopes to achieve in an eventual settlement.
reserve is currently 21 170 hectares. In other In addition to land and cash compensation,
words, the BCN believes it is owed a further it also seeks a greater stake in managing the
279 630 hectares. area’s many natural resources, including gas,
oil, and forests.
The federal government initially rejected
the claim. It said the government had fulfilled p REFLECTION
its obligations under Treaty Eight, based on
the earliest official population survey in 1909. What is the current status of the Bigstone Cree
According to those figures, the BCN has all Nation’s land claim? For an update, you can visit
the land it is entitled to. the BCN’s Web site at [Link].
Research another unsettled specific land claim in
The BCN appealed this decision to the
Alberta. Summarize the history and issues involved.
Indian Specific Claims Commission (ISCC).
If possible, invite a member of a community
Before the ISCC could complete its inquiry,
involved in a land claim to speak to your class.

LAND CLAIMS 131

 c
c
c
c
c
c
c
c PAT H S T O R E S O L U T I O N conflict. On July 26, the RCMP used
c It is easy to understand why First dogs to break up the blockade, and
c
c Nations sometimes become frus- several protesters were arrested
c trated by the land-claims process. during the physical confrontation.
c Many have waited centuries for The blockade was over in a few days,
c
c justice. When appeals and legal but the land claim remains unsettled.
c action fail, First Nations have
c The Oka Crisis
c sometimes felt pressed to take more
Canada’s most famous confrontation
c direct action to assert their rights.
c over land claims happened in 1990.
c The Cardston Blockade The small town of Oka, near
c
c In the early hours of July 21, 1980, Montreal, wanted to expand its
c members of the Kainai First Nation municipal golf course. It proposed
c
c blockaded an access road near clearing a wooded area, known
c Cardston, Alberta, with a large tipi. locally as “the Pines,” to make way
c
c They wanted to draw attention to for an additional nine holes. How-
c an outstanding land claim their ever, the nearby Haudenosaunee
c nation had pursued for years.
c community of Kanesatake viewed the
c Although the intentions of the Pines as sacred ground and had long
c First Nation were peaceful — they claimed it as traditional territory.
c
c just wanted the federal government
c to agree to negotiations — the
c The land that Cardston sits on
c situation escalated to a more heated
c is part of the “Big Claim” that
c has not been settled. This
c In early 1980, Alvin Many Chief was one claim extends south almost
c
c of several young Kainai men who ran from to the Canada–U.S. border.
c Blackfoot Crossing, where Treaty Seven was As far as I know, the Cardston
c signed, to Ottawa carrying a sacred bundle Blockade was supposed to
c that contained land-claim documents and
c bring attention to the
c earth from the Kainai reserve. The group was outstanding claim — the fact
c frustrated with years of stalling by federal that it wasn’t being settled.
c government officials with regard to the All of us members of the tribe
c nation’s land claim. Many Chief currently
c were always told by our Elders
teaches school on the Blood reserve.
c that the Mormons had leased
the land for ninety-nine years
What still bothers me most about the blockade was that and that this lease had expired
the RCMP gave an order to bring in an armed SWAT before the blockade occurred.
team. We were asking in peace for clarification of our The people of Cardston deny
land claim and this justified bringing in trained, armed that there ever was a lease
officers? How did they see us? Why did they think they agreement signed. Originally
would have to go that far? I always thought to myself, Red Crow agreed to let Charles
isn’t this Canada, that is supposed to be multicultural Ora Card and his Mormon
and accepting of different cultures? Do we treat First settlers maahkitsstoyiimsaiksi
Nations less humane than everyone else? It was really (to camp there for the winter).
tough to see our Elders, who were there in support of us, This is what I was told.
physically restrained. — Makai’stoo (Leo Fox),
— Alvin Many Chief, Kainai First Nation Kainai First Nation

132 CONTEMPORARY ISSUES

 In fact, their claim to the land
had been unresolved for almost
300 years. In 1717, without con-
sulting Haudenosaunee residents,
France’s King Louis XV granted a
section of land about 30 kilometres
west of Montreal to a religious order. International news crews clamoured to speak to Kanesatake and Kahnawake
Disputes over title to this piece of residents during the Oka crisis. Here Paris-Match journalist Michel Payrard
speaks to Helene Gabriel, a spokesperson for the Haudenosaunee. Traditional
land have been ongoing since that Haudenosaunee governance practices include important roles for women. The
time, sometimes erupting in violence. degree to which traditional practices should be followed has been a cause of
Official land claims in 1975 and 1986 considerable controversy at Kanesatake before, during, and after the Oka crisis.
had been turned down by the federal
government. By 1990, tensions were
high surrounding the land claim have it removed. Although they were
and government attitudes towards cautioned to use diplomacy in imple-
Kanesatake claims. menting the injunction, the provin-
When months of negotiations cial police stormed the barricade. In
between the town of Oka and the fight that broke out, a police
Kanesatake residents seemed to be officer was shot and killed.
going nowhere, Oka officials walked This launched a seventy-eight-
out. The town announced that it day armed standoff between
would begin development of the golf Kanesatake residents, their kin from
course. The federal government Kahnawake, the police, and, even-
showed no signs of intervening, so tually, the Canadian Armed Forces.
some Kanesatake residents decided People around the world watched,
to take matters into their own hands. transfixed, as the crisis unfolded.
They began by barricading a dirt The Haudenosaunee at Kahnawake
road that ran through the Pines. responded to events at Kanesatake
Kanesatake residents were not by blocking the Mercier Bridge,
united in this decision. The an important connection between
community had long been divided Montreal and outlying communities
politically between people support- such as Chateauguay. In one of the
ing democratically elected chiefs and ugliest moments of the standoff,
people supporting chiefs selected groups of Chateauguay residents
according to longhouse traditions of threw rocks and shouted derogatory
the Six Nations Confederacy. Both insults as cars of Kahnawake resi-
leaderships systems had been com- dents left the community. The cars
peting in the community for decades, were filled mostly with Elders,
causing deep divisions. women, and children.
Traditionalist members of the Since Oka, governments and the
community supported the longhouse First Nations involved have worked
chiefs and the Warrior Society, to build and maintain an atmosphere
which led the movement to build of sensitivity and mutual respect.
the barricade. This finally resulted, in Decem-
The town responded to the ber 2000, in a land governance deal
barricade with a court injunction to for Kanesatake.

LAND CLAIMS 133

 They received much inter-
national attention during the 1988
Olympics in Calgary. The Olympic
Torch Relay was sponsored by Petro-
Canada, one of the oil companies
responsible for damaging traditional
Lubicon land. The Lubicon Lake
Cree organized demonstrations to
greet the relay as it moved across the
country. Lubicon Chief Bernard
Six Nations leader Billy Two Rivers (to the left of the stop sign) is Ominayak followed the torch and
shown here supporting a Lubicon Lake Cree protest in 1987 at a road issued press releases to the media
blockade that prevented logging and oil trucks from passing. The
Lubicon were demanding royalties from the profits made on their land. about his nation’s situation.
(Names of others pictured are not available.) Following the Olympics, the
Lubicon Lake Cree settled an
c Lubicon Lake Cree agreement with the Alberta govern-
c For many years, the Lubicon Lake ment to establish a reserve, but the
c
c Cree were overlooked by the outside federal government refused to
c world. Their traditional lands were negotiate other issues with the
c
c in a remote and inaccessible part of First Nation.
c northern Alberta. In the late 1970s, In 1989, the Alberta govern-
c
c however, an all-weather road was ment awarded a large paper
c built into their territory and oil company the timber rights to a
c
c exploration began. When they saw section of traditional Lubicon land.
c the environmental damage being The community and its supporters
c done to their lands, the Lubicon began an international boycott
c
c Lake Cree resisted the changes. against the company in 1991. The
c They wanted to preserve their land boycott ended in 1998 after the
c
c and way of life. company decided to end timber
c The community began to build cutting on Lubicon lands until the
c
c a global network of organizations nation’s land rights were settled.
c and individuals to help them with Negotiations with the federal
c
c legal matters, boycotts, lobbying, government have been ongoing
ledge c and negotiations. since 2000.
ow c
Kn
enous

LOOKING BACK
First Nations have used a variety of methods to
Before moving on to the next
pursue their land claims: negotiation, lawsuits,
di g

section, be sure you can

In blockades, media pressure, and armed resistance.
describe each of the following
Each method has benefits and drawbacks. With a
concepts with at least one
partner, describe as many benefits and drawbacks
specific example: ceded land,
for each method as you can. Do more research on
non-ceded land, comprehensive
the history of the Kanesatake land claim and details
land claim, specific land claim.
of its settlement or the Lubicon Lake Cree’s
What are some of the obstacles
outstanding claim. Analyze the methods used in
to settling a land claim?
each case. What conclusions can you draw?

134 CONTEMPORARY ISSUES

Métis and Non-Status First Nations Land Claims

M
étis and First Nations
AS YOU READ
people without status
Some people describe Métis people and First Nations
make up a significant proportion people without status as “Canada’s forgotten people.”
Despite their Aboriginal heritage, the government has treated
of Canada’s Aboriginal popula- them, until recently, as part of Canada’s general population.
tion. Many of these people grapple Many Métis people and First Nations people without
with economic and social hardships status see land claims as their best hope for economic
in the midst of a society that views stability and cultural survival. They want to emerge from
them as neither Aboriginal nor part the shadows and claim their rights as Aboriginal peoples.
of mainstream society. As you read pages 135–142, consider how the land
claims of Métis people and First Nations people without
N O N - S TAT U S L A N D status differ from those of First Nations people with status
CLAIMS ISSUES and treaty rights. What factors make Métis and non-status
Most Aboriginal leaders dispute the land claims difficult to address?
government’s right to legislate who
does and does not belong to various
groups of Aboriginal people. They We the Métis and non-Status Indians, descendants of the
wonder why, for example, someone “original people” of this country, declare
cannot claim their Aboriginal • That Métis nationalism is Canadian nationalism. We
ancestry and the rights that accom- embody the true spirit of Canada and are the source
pany that ancestry simply because of Canadian identity.
his or her great-great-grandfather • That we have the right to self-determination and shall
decided to accept scrip. They wonder continue, in the tradition of Louis Riel, to express this
why someone is denied rights right as equal partners in Confederation.
• That all native people must be included in each step of the
because of who his or her mother or
process leading to changes in the Constitution of Canada.
grandmother decided to marry. • That we have the right to guaranteed representation in
They point to people like all legislative assemblies.
Stephen Kakfwi. This prominent • That we have the inalienable right to the land and the
Dene leader, a former premier of the natural resources of that land.
Northwest Territories, is the son of • That we have the right to determine how and when the
two full-blooded Dené Tha’ parents. land and resources are to be developed for the benefit
However, because his grandfather of our people and in partnership with other Canadians
gave up his status to own property for the benefit of Canada as a whole.
and open a business, Stephen Kakfwi • That we have the right to preserve our identity and to
is officially considered a non-Status flourish as a distinct people with a rich cultural heritage.
Indian by the federal government. • That we have the right to educate our children in our native
languages, customs, beliefs, music, and other art forms.
When the federal government
• That we are a people with a right to special status in
passed the Indian Act in 1876, it had Confederation.
to decide to whom that law would
apply. It decided that, for the … We whose purpose in life is tied to the land have
become a landless people. We have come to be seen as
purposes of the act, an Indian was
squatters on our own land. We will never give up our right
“Any male person of Indian blood to the land and its natural resources. To forsake the land
reputed to belong to a particular is to forsake ourselves.
band; any child of such person; any
— Native Council of Canada, Declaration of Rights (1979)

LAND CLAIMS 135

 c
c
c
c
c
c
Act rules, and mistakes that occurred
From an Aboriginal perspective, treaty rights are not in creating the Indian register in
linked to registration under the Indian Act — but the 1951, many people lost their status
federal government will not admit that. Most historic or never gained status, even though
treaties (and there are over 500 of them) contain the
they were as eligible as others.
phrase “and their descendants” or an equivalent
phrase in the section dealing with to whom the treaty
Today, most First Nations
applies. None of them contain the term “registered” or people with treaty rights also have
even specifically exclude Métis — although the Indian status. However, people with status
Act does both. Since a treaty, by definition, cannot do not necessarily have treaty rights.
be unilaterally altered by one party or by unilaterally For example, people who regained
imposed legislation, all descendants of Indians status through Bill C-31 do not
involved in treaties technically have treaty rights. But necessarily have membership in a
the federal government consistently refuses access band, which is usually required to
to those rights by unregistered Indians and Métis. receive treaty rights. This is a highly
— Congress of Aboriginal Peoples controversial and difficult issue for
First Nations today. It comes down
c woman who is or was lawfully to a conflict between individual and
c married to such person.” collective rights. An individual
c
c By defining who would be might be morally and legally entitled
c considered an Indian, the govern- to belong to their band (and receive
c
c ment also decided who would not be the benefits that come with band
c considered one. If a person was not membership, such as living on a
c on their lists, the Indian Act did not reserve), but a band might claim the
c
c apply to them. These early lists right to restrict the size of its
c generally coincided with individuals membership to match its resources.
c
c belonging to First Nations that A band that already faces a housing
c signed treaties. Individuals with shortage for long-term members of
c
c treaty rights were generally the same its community will have a difficult
c as those with status under the Indian time accepting new members
c
Act. As far as the federal govern- reinstated by federal legislation.
ment was concerned, these were the However the situation is solved
only individuals to be included in its leads to injustice. Either individuals
legislation, programs, and services. do not receive benefits they are
Over time, due to the scrip entitled to receive or whole com-
process, involuntary enfranchise- munities might see their benefits
ment, loss of status through Indian eroded. There are no simple
solutions. The problems result from
The awkwardness and inconsistencies of decades of colonial policies and laws.
federal legislation that defines who is and is Even if the federal government
not considered a First Nations person can be today completely backed away from
seen in the situation of people like Stephen any role in deciding who is and is
Kakfwi, a prominent Dene leader who is not a status First Nations person,
officially a non-Status Indian in the eyes of
federal legislation. Situations like Kakfwi’s are the legacy of its historic involve-
common in every First Nations and Métis ment would remain.
community across the country. Kakfwi is
shown here with his wife, Marie Wilson.

136 CONTEMPORARY ISSUES

 SYMBOLISM AND EXPRESSION

L E G I S L AT I O N A N D I D E N T I T Y
One of the most fundamental rights of
self-determination is the right to identity. If you don’t have status as an Indian, are you an
First Nations people considered Indian? Can a bureaucrat change a person’s race, his
non-status according to the Indian Act or her very genetic makeup, with a stroke of a pen?
are in a different legal position from many Can a judge suddenly turn you into something you’re
other First Nations people, including not with a carefully worded decision from the bench?
some members of their own families. ... [M]aybe the best definition of a non-status Indian
However much legislation affects a is this: an Indian person that some wise guy in Indian
person’s rights and privileges, it is not Affairs has decided to throw into some artificially
their identity. Much of a person’s identity constructed category where the government can then
is personal — a part of themselves that deny his or her rights.
involves their culture, language, family, The more we ponder on this the more convinced
friends, relationships, experiences, we become that the term “non-status Indian” is one
values, and spirituality. How do issues of the most ridiculous creations of the Canadian
of self-identity complicate rights issues bureaucracy of all time.
for First Nations people?
And that’s saying something.
Yo u r P r o j e c t — Editorial, Windspeaker (October 2003)
1. Choose one of the following topics
to explore the idea of identity:
Topic A: Research and read stories As it stands now, I am a status person under
by Aboriginal writers who explore section 6.2 of Bill C-31. My two girls are not Native
the concept and meaning of in the government’s eyes. They have one-quarter
identity. While reading, consider Native blood. Do I tell my daughters that they are
these questions: How important not Native because the government says it’s so?
is official (government) recognition No, I don’t think so.
to the author or narrator? If it is
— Connie Chappell, Charlottetown, Prince Edward Island
important, explain why. According
to the stories, what aspects of
culture are critical to a person’s Topic C: Create a painting, sculpture,
identity? Create a dramatic collage, or other work of art to
presentation of your ideas about represent your own sense of identity.
identity and those presented in What type of media would best
the stories you read. Use creative express your ideas? Display your
devices such as music, voice, light, work for the class, along with a
and gestures to express yourself. brief statement that points out
Topic B: Write a poem or short the key features of and rationale
story that represents important for your design.
components of a person’s identity. 2. After listening to and viewing your
Think about factors such as classmates’ projects, hold a class
name, culture, family and kinship discussion about the important
relationships, ancestry, language, features that make up a person’s
and so on. Prepare a dramatic identity. Are there different kinds of
reading of your work, incorporating identities? For example, are there
some of the creative devices some identities that are legislated
suggested in Topic A. by government and others that are
personal? How do issues of identity
impact people’s emotions, rights,
and life opportunities?

LAND CLAIMS 137

 c
c
c
c
c
c
c
Adrian Hope, also c them on traditional pursuits such as
known as The c farming and annual buffalo hunts.
Senator, was a well- c
known Métis leader c The most significant Métis hunt in
in the early days of c Alberta was the Edmonton Hunt,
c which involved French-speaking
political activity by c
Métis communities in c Métis people from Lac La Biche,
Alberta. He and c Lac Ste Anne, and St. Albert.
leaders like Stan c
c As in earlier Métis history, most
Daniels, leader of the c MÉTIS LAND-CLAIMS
Métis Association of of these settlers did not receive title
c ISSUES
Alberta, are credited c to their land. They established land-
The land rights promised by the
with a resurgence of c holding systems like that at Red
Métis land rights c Manitoba Act and Dominion Lands
c River, each farm stretching back from
activism in the Act were never fulfilled for most
c riverfronts. In some cases, families
1970s. This activism c Métis people. The vast majority of
even settled next to the same families
resulted in a settled c Métis and First Nations people who
land claim in 1990. c they had lived near at Red River.
c took scrip never received the land
Once again, however, history
c they were entitled to receive.
c seemed to destined to repeat itself.
c Those who did receive land
As non-Aboriginal settlement con-
c found their communities widely
c tinued in the late nineteenth and
scattered. The federal government
c early twentieth centuries, many Métis
c refused to handle Métis claims to
c families were forced to move from
land on a collective basis, which
c their homes.
c would have provided blocks of land
c large enough to accommodate whole The Métis Population
c
c communities. Such a land base Betterment Act
c would have assisted Métis people in During the Depression of the 1930s,
c
c preserving their social and cultural conditions for many Métis people in
c ties. Instead, the federal government Alberta had reached a crisis point.
c would deal only with individual Organizers, such as Adrian Hope,
c
c Métis people, a policy that facilitated travelled by boxcar around the
c scrip fraud and speculation. province to speak with Métis com-
c
c Many Métis people who had munities about forming a farming
Having a land base
where many members
c been displaced from their lands in association to bring pressure on
c
of a cultural c Saskatchewan and Manitoba moved governments to ease the problems
community can live c farther west in search of a new start. faced by Alberta’s Métis population.
together facilitates the c
c Many settled in and near com- On one of his trips, Hope slept
continuity of traditions c munities around Alberta, such as under Edmonton’s High Level
such as weaving the c
Métis sash (shown in c
St. Albert, Lac La Biche, Lac Bridge and travelled to Calgary with
this photograph). What c Ste Anne, Whitefish, and Victoria eighty cents for expenses.
other Métis traditions c (an historic Métis settlement). Some In 1932, Joseph Dion, Malcolm
c
might be preserved at c of these people settled before 1870, Norris, Felix Calihoo, Peter Tomkins,
the Métis Settlements? c some after the Red River Resistance and James Brady formed the Métis
Why are traditions c
c in 1870, and still more after the Association of Alberta. This group
more difficult to
maintain among
c 1885 Resistance in Saskatchewan. decided to resolve the issues that
c
widely dispersed c The displaced Métis families re- faced their people once and for all.
community members? c established their communities, basing Instead of petitioning the federal
c

138 CONTEMPORARY ISSUES

government, as so many Métis com- beginning in 1961. In 1969, with
munities had done in the past, they Stan Daniels, president of the Métis
decided to pursue their land rights Association of Alberta, he helped
with the provincial government. In launch the first lawsuit against the
addition, the association pressured provincial government to reclaim
the provincial government for the resource revenue.
education, medical care, and free In 1988, the Alberta government
hunting and fishing permits. settled the lawsuit with $310 million
In 1934, the Alberta government in financial compensation, title to
responded by appointing a commis- Métis Settlement lands, and legis-
sion to study the matter. The Ewing lated self-government.
Commission recommended the
creation of Métis farming colonies on
Crown land, under the supervision of Before the Depression, we used to
the provincial government. This led sell everything we raised and live
to the passage, in 1938, of the Métis on the leavings. But in the “dirty
Population Betterment Act. The act thirties,” there was no market for
defined a Métis person as someone any of our produce. Whatever we
“of mixed white and Indian blood, raised we ate, so actually we lived
better than we had in the twenties.
but not … an Indian or treaty Indian
We had lots of cream and butter
as defined by the Indian Act.” and we butchered a pig or sheep
A committee of Métis and gov- once in a while. We were short of
ernment representatives selected clothes, because we had no money
lands for the twelve new settlements. to buy them, but we ate well.… Maurice L’Hirondelle
In 1943, the Métis Betterment Trust In the early 1930s, the Métis people
Fund was established to manage began to organize so they could get a better deal from
income from resources taken from the government. As the Depression continued through
Métis Settlement areas. Adrian Hope the thirties, the Métis people were in terrible shape. A
recalls “In 1942, we had sat down lot of them couldn’t pay taxes and lost their land — not
with Dr. W. W. Cross (then Socred only the Métis, but lots of other people too — usually
[Social Credit party] minister of because they couldn’t pay the mortgage payments
public welfare) and began talking they were saddled with. I don’t know how many times
about what would happen if we found we lost our land because of taxes during the thirties.
coal or gold on the settlements. Who We were just making enough money to buy the bare
would get the money? ‘Well, it will necessities and the councillor for our district was not in
our favour, so he didn’t give us much roadwork to pay
be put into the Métis trust fund,’
our taxes. We pretty well had to pay in cash. Then the
replied the minister.” Métis people organized to see if we could get some
Although it wasn’t gold and coal, land where we could settle without being kicked out.…
the Métis Settlements did have a After the land was set aside, the people who had no
wealth of resources in oil and gas. place to go and had no land were able to move onto
However, the approximately $30 mil- this land and build themselves homes. At least you
lion that the province received by could build a cabin and there was a lot of timber, a lot
the 1970s for this wealth did not go of moose and fur-bearing animals and good farm land.
into the trust fund. Adrian Hope — Maurice L’Hirondelle, East Prairie Métis Settlement
was on hand to fight the injustice,

LAND CLAIMS 139

 c
c
c
c
c
c

MÉTIS SETTLEMENTS

In July 1989, eight Métis Settlements (Buffalo their opinions directly on issues that come
Lake, East Prairie, Elizabeth, Fishing Lake, Gift before their settlement council. Settlement
Lake, Kikino, Paddle Prairie, and Peavine) and councils and their bylaws are accountable
the Province of Alberta signed the Métis to their members and the MSGC.
Settlements Accord. The agreement gave the The MSGC includes five councillors from
Métis Settlements ownership of their lands, self- each of the eight settlements and four executive
government, and the right to share revenues members who are elected by the MSGC. The
from the development of natural resources on MSGC holds title to all settlement lands and is
their lands. The accord took effect in November responsible for matters that affect the collective
1990 when the Province of Alberta passed into interests of the settlements. It has the power
law an amendment to Alberta’s constitution. to enact General Council Policies in areas
This amendment, the Métis Settlements Act, such as membership, resource development,
created local governments for each of the taxation, and regulation of hunting, fishing,
settlements and a collective government in the trapping, gathering, and land use. General
form of the Métis Settlements General Council Council Policies have the same status as
(MSGC). Each of the governments established other provincial laws and must conform to
by the act now has powers and privileges the the regulations of the Métis Settlements Act.
province cannot change without consent of the The Métis Settlements also have a forum for
settlements. The members of each settlement resolving disputes among members. The Métis
elect five-person councils. These councils run Settlements Appeals Tribunal deals with disputes
local programs and services and have the over land, land access, leases, and membership.
power to pass bylaws in matters such as The tribunal includes representatives from all
health, safety, welfare, public order, pest the settlements. Tribunal decisions are made by
control, business regulation, water, sewage, interpretations of Métis Settlement legislation
local development, and land-use planning. and regulations, settlement council bylaws,
Council bylaws are approved by council General Council Policies, and traditional
members and a majority of settlement members customs. In some cases, the tribunal relies on
present at public meetings. This system gives interpretations of decisions by Alberta courts,
all settlement members the right to express provincial legislation, and expert opinion.

p REFLECTION
How did having a land base make
self-government possible for the Métis
Settlements? Now that the settlements have
title to their land, what kinds of options will
The Métis Settlements have the only legislated they have in terms of economic development?
Métis governments in Canada and are the only How does Métis Settlements self-government
Métis communities with title to their land. The Métis compare to other forms of self-government
Settlements Accord, shown being signed here in you studied in Chapter Three?
1989, was a significant moment in Métis rights.

140 CONTEMPORARY ISSUES

A NEW ERA IN MÉTIS AND ruling on Métis people and First
N O N - S TAT U S R I G H T S Nations people living off reserves
Métis and First Nations people with- or who are not eligible to live
out status have long been caught in on reserves.
a jurisdictional struggle between the In practice, the federal govern-
federal and provincial governments. ment has assumed responsibility for
The British North America Act gave Métis people in the Northwest
the federal government responsibil- Territories, Yukon, and Nunavut,
ity for “Indians and lands reserved but not south of the 60th parallel.
for Indians.” The federal government They argue that Métis people in the
argues that this clause means Indians provinces are a provincial responsi-
on lands reserved for Indians. In bility because Métis rights in those
other words, they accept responsi- provinces were extinguished through
bility for First Nations people who the scrip process.
live on reserves. In this argument, Despite recognition in the
all other Aboriginal people are Constitution Act of 1982, Métis
under provincial jurisdiction. people still do not benefit from the
The Supreme Court has ruled same levels of programs and services
that Inuit people are to be included offered to other Aboriginal peoples.
in this section of the British North Furthermore, with the exception of
America Act 91 (24), but there is no people at the Métis Settlements,

… And this “new beginning” comes at a time successive unsympathetic

when there is a new reality for the Métis Nation governments continue to haunt
and all governments in Canada. I speak of our relationship with Canada.
course of the recent decision of the Supreme Today, we are still witness to
Court of Canada in [the Powley case]. Not only the shameful legacies of these
did the highest court in this land unequivocally policies:
affirm that the Métis people have existing • No one in the federal govern-
constitutionally protected rights, the law is very ment, not even the Federal
clear that all governments have an obligation Interlocutor, has a mandate
to ensure Métis rights are recognized and to negotiate with us.
accommodated in this country. • The Métis Nation is the only
Audrey Poitras
Powley is just another affirmation of the Métis Aboriginal people that is still
Nation’s unique history, identity, culture, and largely a landless people within
special relationship to our lands. As a distinct our own homeland.
people, we hold the inherent right of self- • On-going jurisdictional bickering between
determination and aspire to fully implement Métis Canada and the provinces has left us in
self-government within the Canadian federation. limbo as our children and communities
For centuries, we have struggled with fall farther behind other Canadians.
Canada on the battlefield, in the political • An on-going strategy attempts to deal
arena, and in the courts to defend our with Métis as individuals rather than
nationhood, our lands, our rights and our respecting our collective rights and well-
culture…our people have never given up their established self-government structures.
rights or determination to be self-governing. — Speaking notes of Audrey Poitras at the
Canada–Aboriginal Peoples Roundtable
Unfortunately, the written and unwritten (April 19, 2004)
policies of Sir John A. Macdonald and

LAND CLAIMS 141

 c
c
c
c
c
c
c
c they do not have access to a secure priority for the Federal Interlocutor’s
c land base. office. In April 2004, the govern-
c
c The federal government has ment allocated approximately
c been slow to resolve Métis and non- $10 million for Métis organizations
c status rights issues. In 1985, the to help them further develop their
c
c government created a position for a membership lists, especially in
c Federal Interlocutor for Métis and terms of individuals who might have
c
c Non-Status Indians. This was the harvesting rights according to
c first time Métis and First Nations standards set in the Powley case.
c
c people without status had an official Constitutional recognition of
c point of contact in the federal Métis status and the Powley decision
c
c government to whom they could have led to a new era in Métis rights.
c address their concerns. In this new period, negotiations
c Responding to the Supreme with the federal government will
stigation c
ve c Court’s 2003 Powley decision is a likely play a significant role.
es for In

C O M PA R I N G M É T I S R I G H T S
su

Is How do Métis land rights in Alberta compare to Métis rights in

other parts of Canada?

W H AT T O D O
1. With a partner, research the terms of the 5. Prepare a written report of your analysis
Manitoba Act and Alberta’s Métis that is no more than three pages long.
Population Betterment Act and Métis If you prefer, instead of a written report,
Settlements Act. In your own words, you and your partner may give an oral
prepare a summary of the Métis land presentation that should last no longer
rights given by each act. than 10 minutes.
2. Compare the three acts and answer the
following questions: What was each act’s
immediate impact on the lives of Métis
peoples? What is each act’s long-term LOOKING BACK
significance? Did each act fulfill its
stated purpose? Before moving on to the next section,
be sure you can answer the questions
3. Now choose a group of Métis people from
outside Alberta. Research your selected that follow: What are the bases of Métis
group and compare its culture and land land rights? What are the bases of
rights with that of Alberta’s Métis non-status First Nations land rights?
[Link] Manitoba Métis Why have some Métis and non-status
Federation, for example, has launched a First Nations people formed alliances to
major land claim on behalf of former scrip deal with rights issues? How do their
holders. Settlement of this claim could rights compare to those of First Nations
have enormous implications for Métis people with status and treaty rights?
people across the West. What issues stand in the way of Métis
4. Answer the following questions: How and and non-status First Nations land
why do Métis land rights vary? How do claims? What gains have Métis people
the issues that face each group compare?
made in resolving land claims?
What organizations are most active in
asserting Métis land rights?

142 CONTEMPORARY ISSUES

Comprehensive Land-Claims Settlements

C
omprehensive land-claims
AS YOU READ
negotiations are long and
Pages 143–155 explore some of Canada’s settled
complex. Negotiations follow comprehensive land claims and the complex issues that
confront negotiators. As you read, make notes about the
similar stages to those for self- following aspects of each claim history: What Aboriginal
government agreements. First, groups and levels of government were involved? When
did the claim begin and end? What prompted the
the parties involved develop a
Aboriginal group or groups to file a claim? What issues
Memorandum of Understanding, most concerned them? How was the claim resolved?
which affirms the commitment of
everyone involved to the negotia-
tions. Then, negotiators develop a SETTLED COMPREHENSIVE CLAIMS
Framework Agreement, in which
they agree upon the issues to be 1975 The James Bay and Northern Quebec Agreement
discussed, the process for discussing 1978 The Northeastern Quebec Agreement
them, and deadlines. 1984 The Inuvialuit Final Agreement
Negotiators then work on an
1992 The Gwich’in Agreement
Agreement-in-Principle (AIP), which
is the longest stage in the negotia- 1993 The Nunavut Land Claims Agreement
tion process. An AIP is based on the 1993 Council for Yukon Indians Umbrella Final
issues identified in the Framework Agreement
Agreement and contains all the 1995 The Vuntut Gwich’in First Nation
agreements that will form the final 1995 The First Nation of Nacho Nyak Dun
settlement. The last stage is the
1995 The Teslin Tlingit Council
Final Agreement, which contains
the details of negotiated settlements 1995 The Champagne and Aishihik First Nations
on all issues, including resources, 1997 The Little Salmon/Carmacks First Nation
financial benefits, self-government, 1997 The Selkirk First Nation
and land ownership. The Final
1998 The Tr’ondëk Hwëch’in First Nation
Agreement must be ratified by the
Aboriginal group or groups involved, 2002 The Ta’an Kwach’an Council
the province or territory, and Canada. 1994 The Sahtú Dene and Métis Agreement
Parliament then passes legislation 2000 The Nisga’a Agreement
that makes the Final Agreement valid.
These Final Agreements are p REFLECTION
explicitly protected by the Canadian Visit the Indian and Northern Affairs Web site at
constitution. Significantly, if self- [Link] for the most recent listing
government is part of the land-claim of settled and outstanding comprehensive land
settlement process, aspects of self- claims, background information on all the claims,
government agreements are also and details of final agreements. You will need to
constitutionally protected. refer to this Web site for a project at the end of
this section.

LAND CLAIMS 143

 c
c
c
c
c
c
c
c J A M E S B AY A N D W h a t Tr i g g e r e d N e g o t i a t i o n s ?
c NORTHERN QUEBEC For two centuries, northern Quebec
c was part of Rupert’s Land, under the
c AGREEMENT
c The James Bay and Northern control of the Hudson’s Bay
c Quebec Agreement (JBNQA), signed Company (HBC). The HBC trans-
c
c in 1975, was the first major agree- ferred the land to Canada in 1869.
c ment between Aboriginal peoples In 1898 and 1912, parliament
c
c and Canada’s government in nearly expanded Quebec northward and
c seventy years. eastward, creating the province’s
c
c In many ways, it resembled the current boundaries. When Quebec
c numbered treaties signed in the late took control of its northern terri-
c tories, it became responsible for
c 1800s. The Cree and Inuit peoples of
c northern Quebec agreed to surrender settling land-related issues with the
c their Aboriginal title to a large First Nations and Inuit peoples
c
c territory. In return, they received living there.
c some land, cash compensation, and For decades, that did not
c
c ongoing economic support. happen. Quebec had little interest in
c However, the JBNQA also broke developing the north and so felt
c
c new ground. It gave the Cree and little pressure to address the land
c Inuit a greater role in governing their question. First Nations and Inuit
c peoples continued their traditional
c lands, economy, and society. It also
c promised them a voice in negotia- ways of life based on hunting,
c tions for future industrial develop- trapping, and fishing.
c
c ment in their traditional territory. Then, on April 30, 1970, Quebec
Premier Robert Bourassa announced
a massive hydroelectric project. The
N
James Bay Hydroelectric Project
NEW
would reconfigure the waterways and
FO
U ND
LA
flood a huge area of northern Quebec.
ND
NORTHEASTERN QUEBEC AN
D
Immediately, Cree and Inuit
AGREEMENT LA
Hudson BR
AD peoples affected by the proposed
Bay OR
dam began to organize opposition
JAMES BAY to the project. Twenty-two-year-old
AND
NORTHERN Billy Diamond, a newly elected
James
Bay QUEBEC chief, quickly emerged as a vocal
AGREEMENT QUEBEC Cree spokesperson.
PEI Atlantic In 1973, the Indians of Quebec
Ocean
NEW
BRUNSWICK
Association went to court to try to
ONTARIO
NOVA
SCOTIA
stop the project. It argued that the
First Nations and Inuit peoples
0 200 km
affected by the project had never
James Bay and Northern/Northeastern Quebec surrendered title to their land, and
Comprehensive Settlement Areas, 1978 that Quebec had failed in its
obligation to negotiate with them.
The James Bay and Northern Quebec Agreement, signed in 1975, The court agreed and issued an
is considered Canada’s first modern treaty. injunction to stop the project.

144 CONTEMPORARY ISSUES

Negotiating the Agreement could not stop it. This put them
An appeal overturned that injunction under great pressure to reach a deal.
just a week later, but by then negoti- “We were going to make the best of
ations to settle the dispute had a bad thing,” Diamond said.
already begun. In addition to They focused attention on the
Diamond, main negotiators included disruption the project would cause
Grand Chief Ted Moses for the Cree to their communities and way of
and Charlie Watt of the Northern life. They demanded compensation
Quebec Inuit Association. and recognition of their rights.
Work resumed on the hydro- In 1975, they signed the JBNQA.
electric project and Aboriginal The agreement included nearly
leaders began to realize that they $134 million for the Cree and more

B U I L D I N G T H E O U J É - B O U G O U M O U C R E E N AT I O N
For much of the twentieth century, the Oujé-
Bougoumou Cree saw their traditional way of
life gradually disappear. Forestry and mining
companies moved into their territory, forcing
them to relocate their village seven times in
fifty years. Meanwhile, the government refused
to recognize them as a distinct First Nation.
That began to change in 1975, when the The Oujé-Bougoumou hired renowned architect Douglas
James Bay and Northern Quebec Agreement Cardinal to work with them to build their village. With
(JBNQA) included the “Chibougamou Cree.” labour from the community, they constructed public
The community eventually gained band status buildings inspired by the First Nation’s traditional tipi-
under the Indian Act and renamed itself the like dwelling, the astchiiugamikw.
Oujé-Bougoumou Cree Nation.
In 1989, the Quebec government agreed [have] inspiring lessons to offer to other
to make a financial contribution to the communities and to the United Nations.”
construction of a permanent village for the The community still struggles with depleted
community. The federal government joined resources and wildlife due to clear-cutting,
the project in 1992. and with social problems left over from the
The resulting village includes a school, decades before settlement of the JBNQA.
daycare centre, cultural centre, self-government However, Chief Sam Bosum believes that
headquarters, Elders’ residence, youth the “Oujé-Bougoumou can be an inspiration
centre, and church. The community runs for indigenous peoples everywhere to
its own housing program, building affordable continue their struggles to build healthy
homes and rental units for residents. The and secure communities.”
entire village gets its heat from a central plant
fuelled by waste sawdust from nearby p REFLECTION
sawmills. The resulting heat is distributed
by underground hot-water pipes. Learn more about the history of the
Oujé-Bougoumou Cree by visiting their
In 1995, the Oujé-Bougoumou received an Web site at [Link]. How does
award from the United Nations as one of fifty Oujé-Bougoumou community development
communities that “[demonstrate] positive and reinforce their traditional cultural beliefs?
practical solutions to difficult problems, and

LAND CLAIMS 145

 c
c
c
c
c
c
c
c than $91 million for the Inuit. It powers of the Indian Act to the First
c also set up services and programs Nations’ governments. The act was
c
c with annual contributions from Canada’s first Aboriginal self-
c federal and provincial governments. government legislation.
c The agreement created commit- Many Aboriginal people feel
c
c tees for environmental and social that the JBNQA created expecta-
c protection. It established Cree and tions that are still unfulfilled.
c
c Inuit school boards, turned over Despite this, the agreement marked
c health and social services to Aborig- a huge leap forward from the
c
c inal agencies, and provided ongoing thinking that guided the numbered
c support for economic development. treaties. It placed more power and
c
c The agreement covered more more resources in Aboriginal hands
c than 1.1 million square kilometres. than any agreement signed before,
c It divided that territory into three and helped pave the way for future
c
c categories: agreements.
c It also helped shape a new
c • Category I lands
c generation of Aboriginal leaders.
c (14 000 square kilometres)
Billy Diamond and Charlie Watt
c are reserved exclusively for
c went on to help draft Section 35 of
Aboriginal communities.
c the Constitution Act of 1982, which
c • Category II lands
c entrenched Aboriginal rights in the
(150 000 square kilometres)
c highest law of the country.
c mostly surround villages. On
c these lands, Aboriginal peoples
c AGREEMENT IN
c have exclusive hunting, trap-
PRINCIPLE WITH
c ping, and fishing rights. They
c THE DENE AND MÉTIS
c also help manage wildlife.
O F T R E AT Y E L E V E N
c • Category III lands
c IN THE NORTHWEST
(1 000 000 square kilometres)
c TERRITORIES
c are Quebec public lands, but
c In 1974, the Dene and Métis peoples
Aboriginal peoples have special
c of the Northwest Territories pre-
c rights to hunt and fish there.
c
sented a joint land claim. Most Métis
c In 1978, the JBNQA was in the territory are descendants of the
c amended to include the Northeastern region’s Dene, and there is a strong
c
c Quebec Agreement (NEQA), which bond between the groups. Like the
c was negotiated by the Naskapi First Cree and Inuit in Quebec, the Dene
c
c Nation of Northern Quebec. In it, and Métis felt threatened by a
c the Naskapi received $9 million and proposed industrial development.
c
c more control over their education However, the negotiations for their
c programs. land claim involved a new theme: an
c Both the JBNQA and NEQA explicit call for self-government.
c
c made provisions to allow local self- Sixteen years later, in April
c government for Category I lands. 1990, Dene, Métis, and government
c
c This finally came to pass in 1984 negotiators initialled an Agreement-
c with the Cree-Naskapi (of Quebec) in-Principle (AIP). Many Dene and
c
c Act, which transferred most of the Métis remained worried, however,

146 CONTEMPORARY ISSUES

 N FINAL LAND CLAIM AREAS
RESERVES Gwich’in
Hay River Inuvialuit
Salt River First Nation Sahtú
Beaufort T¬ìchò
Sea INTERIM MEASURES AGREEMENT
Tuktoyaktuk
AREAS
Deh Cho First Nation
Inuvik Northwest Territory Métis
Nation
Saskatchewan Athabasca
Dene Sù¬iné
Manitoba Dene Sù¬iné
Akaitcho Territory
Norman Great
Bear
Dene First Nations
Wells
Lake
Déline

NUNAVUT
YUKON
The complexity of land-
NORTHWEST TERRITORIES
claims negotiations are
evident in this map of
land-claims status in the
Yellowknife
Northwest Territories. The
details of the settlements
Great
Slave are even more complex.
L. Fort Resolution
Hay River Within each claim area
are territories where
Fort Smith
Aboriginal groups have
BRITISH COLUMBIA
MANITOBA
mineral rights, rights of
0 200 km ALBERTA Lake SASKATCHEWAN exclusive occupation
Athabasca and use, and special
Northwest Territories Land-Claims Status, February 2004 management rights and
responsibilities.

that the agreement did not go far ever emerged from Treaty Eleven.
enough to protect their rights. They As was the case with many northern
asked to renegotiate parts of the AIP, regions, the Northwest Territories
but the government refused. Each faced few pressures from industry or
community was left to pursue its own settlers, so neither the government
course with the federal government. nor First Nations saw a need to
Today, each community has con- reserve more land.
cluded an agreement based on the That changed in the early 1970s.
AIP or is in negotiations to do so. Developers wanted to build a major
W h a t Tr i g g e r e d N e g o t i a t i o n s ? pipeline through the Mackenzie
Canada’s government and First River Valley to carry northern oil
Nations in the Northwest Terri- and gas to markets in the south. The
tories negotiated Treaty Eight in Dene Nation (then called the Indian
1899 and Treaty Eleven in 1921, but Brotherhood of the Northwest Terri-
the terms of the treaties were never tories) claimed that it had rights to
fulfilled. Treaty Eight formalized Crown land in the valley, and went
only one reserve, and no reserves to court to stop the pipeline. The

LAND CLAIMS 147

 c
c
c
c
c
c
Negotiating the Agreement
In 1975, the Dene Nation issued a
declaration calling for nationhood,
which you read on pages 2–3. Métis
people became worried that the
Dene fight for self-government
would overshadow their own rights,
so they decided to pursue a sepa-
rate land claim.
Eventually, the Dene and Métis
renewed their partnership and nego-
tiations continued throughout the
1980s. The AIP they reached in 1990
included a settlement for 181 300
The Mackenzie River is the longest in Canada at 1800 kilometres. This view of the square kilometres of land, including
Mackenzie River Valley shows some of the effects of oil exploration in the area. mineral rights for 10 100 square kilo-
While advocates of the Mackenzie Valley Pipeline compare its impact to a thread metres. It also provided a $500 mil-
across a football field, opponents compare it to a slash across the Mona Lisa.
lion cash settlement over fifteen
years, plus a share of federal resource
royalties. Furthermore, it established
c Dene won their case in the Supreme special hunting and fishing rights
c
c Court of the Northwest Territories, and made provisions to involve
c but later lost an appeal in the Aboriginal groups in management
c
c Supreme Court of Canada. and protection of the environment.
c Nevertheless, the government The agreement was contro-
c
c accepted the Dene-Métis land claims versial. Some people saw the AIP as
c as a way to honour the unfulfilled a significant step forward. Others
c
c terms of Treaty Eight and Treaty objected to clauses that required
c Eleven. This was one of the few com- them to surrender Aboriginal title
c prehensive claims for land included in exchange for the agreement.
c
c in a treaty area that have been When the government refused to
c accepted by the federal government. renegotiate the AIP, various regions
c
c The government also established and communities began to pursue
c a public inquiry into the Mackenzie settlements of their own.
c
c Valley Pipeline. Under the leader- Today, each region of the North-
c ship of Justice Thomas Berger, the west Territories is in a different stage
c
c Berger Commission recommended of negotiating a Land, Resources,
c in 1977 that a ten-year moratorium and Self-Government Agreement.
c be imposed on the development pro- For example, the T¬ìchò (Dogrib)
c
c ject while land claims were resolved. have ratified a Final Agreement and
c

148 CONTEMPORARY ISSUES

are waiting for the federal govern- UMBRELLA AGREEMENT
ment to pass legislation to make it WITH THE COUNCIL OF
law. A provision in their agreement YUKON INDIANS
allows Métis people who lived in the In 1973, Tutchone leader Elijah
settlement area before 1921 (when Smith presented a position paper to
Treaty Eleven was signed) to be part Canada’s prime minister, Pierre
of the agreement. Métis people in Trudeau. Together Today for Our
the region are working on their Children Tomorrow launched a two-
own claim through the North Slave decade dialogue that culminated in
Métis Alliance, but some people 1993 with the Umbrella Final Agree-
may choose to be part of the T¬ìchò ment (UFA) with the Council of
settlement. Yukon Indians (since renamed the
The Northwest Territories Métis Council of Yukon First Nations).
Nation (formerly the South Slave They were the first group in the
Métis Tribal Council) is negotiating north to submit a formal land claim.
an AIP for lands and resources. First The UFA established a frame-
Nations in their region decided to work for the negotiation of individual
pursue a treaty land entitlement land-claims settlements with each of
(TLE) claim, so Métis people had to the Yukon’s fourteen First Nations.
pursue their negotiations separately.
owledge
Métis groups are not eligible to Kn
enous

participate in TLE negotiations

because their ancestors were not As part of the Umbrella Agreement with the Council
of Yukon Indians, a new national park called Vuntut
di g

part of the treaty process. Métis

was created, which covers approximately 4400 square
descendants of the Gwich’in, in In
kilometres. Vuntut means “among the lakes” in the
contrast, participated in that group’s
Gwich’in language. First Nations will continue to have
land-claim negotiations and are part harvesting rights in the park and will play key roles in
of its claim settlement. management of the park and its resources.
The Akaitcho Territory First
Visit Parks Canada’s Web site at [Link] to
Nations are part of Treaty Eight.
see the location of Vuntut National Park and information
They are trying to negotiate an about its natural and cultural significance. In small
agreement based on what their groups, create a brochure or Web site that promotes
ancestors agreed to when they signed the park and Aboriginal people’s involvement in its
an adhesion to Treaty Eight in 1900 management and conservation.
at Fort Resolution. Saskatchewan One of the areas
Dene Sù¬iné are negotiating mostly protected by Vuntut
for hunting and trapping rights. National Park is Old
Manitoba Dene Sù¬iné are claiming Crow Flats, shown in
land as well as harvesting rights. this photograph. Old
Crow Flats is the
Yukon’s largest
wetland complex and
is an important
habitat for waterfowl,
muskrat, and other
animals important to
the Gwich’in people.

LAND CLAIMS 149

 c
c
c
c
c Beaufort
First Nations with final land claims
N
c Sea and self-government agreements*
c Champagne and Aishihik First Nations
The Umbrella Final c
Agreement with the First Nation of Nacho Nyak Dun
c
Council of Yukon c Kluane First Nation **
Indians included c Little Salmon/Carmacks First Nation
guarantees for c Selkirk First Nation
c Ta’an Kwach’an Council
special economic c
and employment c Teslin Tlingit Council
opportunities, c Tr’ondëk Hwëch’in Council
specific hunting c Vuntut Gwich’in First Nation
c
and fishing rights, c First Nations with final agreements
and guaranteed c in the process of ratification
participation in c
c Carcross/Tagish First Nation
management of
c Kwanlin Dun First Nation
national parks and
c White River First Nation**
heritage and c YUKON
wildlife areas. c First Nations not in negotiation
c Liard First Nation***
c
c Dawson
Ross River Dena Council ***
c
c
Mayo
c
c 0 100 km
c
c
c
c Ross River Dena Council
c
c Carmacks Ross River
c White River
c
c Kwanlin
c Dun Liard
c Haines
Junction Whitehorse
c
c
c Carcross/Tagish Watson Lake
c
c * Yukon First Nations traditional territories overlap, so in some regions, more than
c one agreement applies to the same area.
c ** White River First Nation overlaps 100 per cent with Kluane First Nation Traditional Territory
c
c *** Ross River Dena Council overlaps 100 per cent with Liard First Nation Traditional Territory
c Yukon First Nations Land-Claim Status, August 2004
c
c

KEY PROVISIONS OF THE UMBRELLA FINAL AGREEMENT

W I T H T H E C O U N C I L O F Y U K O N F I R S T N AT I O N S
Settlement Lands Financial Settlement
• lands included in Yukon First Nations • $242 673 000 (1989 dollars)
settlements total 41 595 square kilometres
(8.5 per cent of the Yukon’s total land area) Self-Government
• 25 900 square kilometres of settlement lands • each First Nation to negotiate its own
include ownership of minerals and oil and gas self-government agreement

150 CONTEMPORARY ISSUES

W h a t Tr i g g e r e d N e g o t i a t i o n s ? In addition, the agreement left out
As in Quebec and the Northwest First Nations people without status.
Territories, industrial development Negotiations resumed after the
spurred Yukon First Nations to federal government released a new
action. In the mid-1960s, oil and claims policy in 1986 that removed
mining companies had begun moving the requirement that Aboriginal title
into their traditional territory. and rights be extinguished in any final
Neither the government nor the agreement. Within two years, the
companies consulted First Nations parties had reached an Agreement-
about the developments. Most First in-Principle. They signed the
Nations in the region believed they Umbrella Final Agreement on
had much to lose and little to gain May 29, 1993. All except two First
from industry in their territory. Nations in the region have or are in
To these First Nations, the oil negotiations for final agreements.
and mineral boom carried echoes The Liard and Ross River First
of the Klondike Gold Rush. Between Nations have decided to pursue their
1896 and 1900, an estimated claims through the court system.
60 000 people had flooded into the
Yukon. By 1905, most of them had
BRITISH COLUMBIA LAND CLAIMS
left. First Nations benefited little
from the boom. They worried that British Columbia had a long history of refusing to
the new rush for resources would negotiate land claims, and now has a lot of catching
once again both overrun and up to do. By 2004, fifty-three First Nations (124 bands)
had begun negotiating land claims. This represents
overlook them.
about 70 per cent of B.C.’s Aboriginal population. Areas
Negotiating the Agreement in British Columbia that were included in Treaty Eight
From the beginning, the council and the Douglas Treaty are also being renegotiated so
insisted that it represented not only that all First Nations in the province will have similar
First Nations people with status, but settlements.
also First Nations people without In an effort to move negotiations forward more quickly
status. Together Today for Our Children and efficiently, the provincial and federal governments,
Tomorrow described involuntary with First Nations input, created the British Columbia
enfranchisement as “one of the most Treaty Commission in 1992. The commission operates
unfair tricks ever used to wipe out a at arm’s length from both government and First Nations
interests. It helps co-ordinate meeting schedules and
race of people.” Eventually, the
deadlines, distributes loans and grants to help First
council joined with the Yukon
Nations research and prepare their claims, and offers
Association of Non-Status Indians advice to all parties.
and officially took over the role of
representing all Yukon First Nations. p REFLECTION
Negotiators reached a tentative
Why are British Columbia land claims in a unique
agreement in 1984, but the council situation compared to other claims in the western
rejected it. The council objected to provinces?
the idea of extinguishing Aboriginal
title in exchange for the agreement.

LAND CLAIMS 151

 c
c
c
c
c
c

DETAILS OF THE NISGA’A FINAL AGREEMENT

The Nisga’a petition in 1913 was the
YUKON
N
first land claim in Canada. In the 1970s,
NORTHWEST
TERRITORIES their court battle for Aboriginal title,
the Calder case, overturned decades
ALASKA
of inaction and denial by federal and
Settlement area provincial governments. In addition,
map the Nisga’a made these breakthroughs
area 0 50 km
in British Columbia, the only province
BRITISH ALBERTA that consistently denied Aboriginal title.
COLUMBIA
In many ways, Nisga’a patience and
Pacific
Ocean persistence have come to symbolize
ALASKA
Aboriginal rights struggles in Canada
as a whole.
Gitwinksihlkw
(Canyon City) Between 1976, when the federal
New Aiyansh government first began negotiations with
Gingolx Laxgalts’ap the Nisga’a, and the final agreement in
(Kincolith) (Greenville)
1998, the negotiations included more
BRITISH
than 500 meetings and public events.
COLUMBIA The Nisga’a accepted about 2000 square
Terrace kilometres of land, including surface
Prince Rupert and subsurface resources. Although this
Hecate
sounds like a huge area, it is actually
Strait only about 8 per cent of what the Nisga’a
QUEEN CHARLOTTE Kitimat originally used as traditional territory. The
ISLANDS
agreement also included a cash payment
Nisga’a Land-Claim Settlement Area, 1998 of $190 million. In return, the Nisga’a
agreed to phase out their tax-free status
The Nisga’a Final Agreement, initialled August 4, 1998, represented over the subsequent twelve years.
not only justice, but poetic justice as well. The Nisga’a — a Significantly, the agreement combined
relatively small group of people, today numbering less than 6000 — a land claim with constitutionally
did much to further land claims for First Nations across the country. protected self-government — the first
agreement in Canada to do this. This
means that Nisga’a self-government
cannot be changed or taken away unless
the federal government, the provincial
To the Nisga’a people, a treaty is a sacred government, and the Nisga’a all agree.
instrument, the legal framework for a new society
based on self-reliance and self-actualization.
Fairly and honourably negotiated, the treaty p REFLECTION
represents a major breakthrough for aboriginal The Fraser Institute, an independent
self-determination — one of the most pressing public policy organization, criticized
issues in contemporary Canada and around the Nisga’a Final Agreement.
the world. Research why and form your own
— Dr. Joseph Gosnell, leader of the opinion about its arguments. Write
Nisga’a negotiating team your support or rebuttal in an essay.

152 CONTEMPORARY ISSUES

 N
Arctic
Ocean
N U N AV U T L A N D C L A I M S
AGREEMENT
In 1976, the Inuit of the eastern
Northwest Territories presented a
claim to the federal government.
The Inuit Tapirisat of Canada (ITC)
proposed a new boundary to divide
the Northwest Territories and create
a new territory called Nunavut, which
means “Our Land” in Inuktitut.
For the next seventeen years,
the ITC and then the Tunngavik
Federation of Nunavut (TFN) nego-
NUNAVUT
tiated with the federal government.
In 1993, the negotiators signed the NORTHWEST

Nunavut Land Claims Agreement. TERRITORIES

The agreement marked the largest

comprehensive land-claim settlement Hudson
in Canadian history. Bay
QUEBEC

Self-Government MANITOBA
in Nunavut SASKATCHEWAN 0 300 km
ONTARIO
The creation of Nunavut, on April 1,
Nunavut Land-Claims Settlement Area, 1993
1999, represented more than two
decades of work by Inuit in the
The Nunavut Land Claims Agreement gave Inuit ownership of 350 000 square
eastern Arctic for greater self-
kilometres of land, including mineral rights to an area of 37 000 square
determination. Along with land and kilometres. It also included $1.17 billion in financial benefits over fourteen
financial arrangements, the Nunavut years, plus a share of resource royalties. Like other major land-claims agree-
Land Claims Agreement also gave ments, it also gave Inuit people input into wildlife and resource management.
Inuit people the right to be major
participants in the creation and
development of Nunavut. Nunavut
is a public government, which means
anyone — Aboriginal or non-
Aboriginal — can run for or hold Compare the photographs
public office. This is the same as of the Nunavut legislative
chambers (top) and
other governments in Canada, where that of the House of
there are no special restrictions on Commons (bottom).
the ancestry of who can hold office. How does the Nunavut
Yet this government still provides seating arrangement
effective self-government for Inuit reflect an Aboriginal
people. This is because 85 per cent worldview? Based on
the seating arrangement
of Nunavut’s population is Inuit. By in each photograph,
voting and running for office, Inuit what differences would
people exert effective control of you expect to see in
Nunavut’s government. the operation of each
government?

LAND CLAIMS 153

 c
c
c
c
c
c
As of 2004, Premier Paul Okalik is Nunavut’s only Inuk lawyer. The Akitsiraq
Law School intends to change that. Akitsiraq means “to strike out disharmony
and wrongdoing and to render justice” in Inuktitut. The school is a one-time
program that is allowing a group of Inuit students to complete their law
degrees while living in Nunavut. The students began their studies in 2001.
Here, Rector Gilles Patry and Dean Bruce Feldthusen chat with students
Susan Enuaraq and Sandra Inutiq at a reception for Akitsiraq Law School
students at the University of Ottawa.
c In October 1999, the Nunavut need to be culturally sensitive. In
c
c government and the Nunavut Tunn- 2003, the government set up a
c gavik Incorporated (NTI) signed a council of community representatives
c
c protocol stating that the Inuit to advise the government on Inuit
c people of Nunavut could assert their iliqqusituqangit, which means “what
c Aboriginal right to self-government has been known for years, a deeper
c
c through the Nunavut government. knowledge.” This cultural policy
c The NTI is an organization that will provide the principles, values,
c
c ensures Inuit economic, social, and and traditional knowledge upon
c cultural well-being through imple- which government decisions will be
c
c mentation of the Nunavut Land based. The advisory council intends
c Claims Agreement. that Inuit iliqqusituqangit will
c
c To ensure that it fulfills this develop a government open, respon-
c agreement, the Nunavut government sive, and accountable to Inuit people.
c has developed policies in almost all
c Economy
c areas of its jurisdiction. A discussion
c In 2000, the Nunavut government
of some of these policies follows.
c and the NTI announced a series of
c
c Culture economic policies to promote Inuit
c For Inuit self-determination to be self-sufficiency. Locally owned busi-
c realized through public government, nesses are given preference when
c
owledge c policy development and operations the government awards contracts.
Kn Government incentives are given to
enous

The Inuit Tapiriit Kanatami (ITK) — formerly the Inuit

companies that employ Inuit workers
Tapirisat of Canada — proudly proclaims that Canada’s and companies are penalized when
di g

In Inuit people are living in a “post-land-claims era.” their commitments to employ Inuit
Four land-claims agreements encompass the wide people are not met.
Arctic region Inuit people have called home since time
Education
immemorial:
Education is the largest expenditure
• James Bay and Northern Quebec Agreement in the Nunavut budget. The gov-
November 11, 1975 ernment is committed to increasing
• Inuvialuit Final Agreement June 5, 1984 funding so that all children in its
• Nunavut Final Agreement May 27, 1993 territory have access to a good
• Labrador Final Agreement May 26, 2004 education. New programs are in-
creasing the presence of Inuit culture
Visit the ITK Web site at [Link] to see a map
in schools. For example, Elders in
of each region. Why do you think the Inuit were able
to settle their land claims while many other Aboriginal
the School is a program that brings
groups struggle to have their concerns addressed? Elders to schools to teach students
about Inuit culture and history.
154 CONTEMPORARY ISSUES
Justice Public Service
Nunavut’s justice programs are The Nunavut government is com-
sensitive to Inuit values and customs. mitted to building a public service
For example, the territory has only that reflects the Inuit majority. To
one level of court system, reflecting achieve this, the government is
Inuit tradition. Community justice decentralizing its operations into
committees and community-based communities outside the capital city
justices of the peace divert cases from of Iqaluit. Training programs are
the court system as much as possible. increasing the number of qualified
Land-based camps have been created Inuit workers in the public service.
for offenders to learn more about At the end of 2002, the government
traditional Inuit lifestyle. The reported that about 50 per cent of
Nunavut Law Review Commission, its public service employees are
composed mostly of Elders, is review- Inuit. Its target is 85 per cent.
ing laws and recommending changes
to make them reflect Inuit custom.
ues for I
Iss

nv
estigatio
RESEARCHING COMPREHENSIVE CLAIMS

What issues are involved in land-claims negotiations and n

settlements?

W H AT T O D O
1. Working with a partner, research the and others? Two Web sites that may be
details on one of the comprehensive helpful starting points are
land claims that you have learned about • Indian and Northern Affairs
in this textbook. These include the [Link]
• James Bay and Northern Quebec • Aboriginal Canada Portal
Agreement, 1975 [Link]
• Agreement in Principle with the Dene 3. Create a Web site using an electronic
and Métis of Treaty Eleven in the program such as Front Page™ that
Northwest Territories, 1990 illustrates the timeline of events, significant
• Council for Yukon Indians Umbrella individuals involved in the negotiations,
Final Agreement, 1993 any complications during the negotiation
• Nunavut Land Claims Agreement, process, main ideas of the agreement,
1993 and the impact of the land claim.
• Nisga’a Agreement, 2000
If you prefer, choose another LOOKING BACK
comprehensive claim, such as the Innu
Nation Claim of Newfoundland and Name at least two points from each settled
Labrador that was first submitted in 1978. comprehensive land-claim settlement
2. Conduct an online research of the claim you studied on pages 143–155 that make
history, negotiations, and current status. it unique. What issues and resolutions
If there is a final settlement, what have were similar?
been the results for Aboriginal peoples

LAND CLAIMS 155

 c
c
c
c
Chapter Four Review
c
c
c
c C h e c k Yo u r U n d e r s t a n d i n g 15. Why does the Oka crisis stand out
c 1. Why do some First Nations object in land-claims history?
c to the term land claim? 16. What is a Status Indian? How does
c
c 2. What was the first Aboriginal land having status impact a person with
c claim in Canada? First Nations ancestors?
c
c 3. What is the difference between 17. Why is self-government an
c ceded and non-ceded lands? important issue in land-claims
c How do First Nations view ceded negotiations?
c land differently from the federal
c 18. Create a chart that includes the
government? key conflicts and resolutions of the
c
c 4. How did the 1876 Indian Act affect following land-claims agreements:
c land claims?
c • James Bay and Northern
c 5. How did the 1927 amendment to Quebec Agreement
c the Indian Act affect First Nations • Agreement in Principle with the
c land claims? Why did the Dene and Métis of Treaty Eleven
c
c government made this amendment? in the Northwest Territories
c 6. Why was 1951 an important year • Agreement in Principle with
c the Council of Yukon Indians
c for First Nations land claims?
• Nunavut Land Claims Agreement
c 7. Explain the significance of the
c • Nisga’a Final Agreement
Calder case for Aboriginal land
c
c claims. Reading and Writing
c 8. What were two complaints 19. In your opinion, how fair was the
c In All Fairness: A Native Claims
c Aboriginal peoples had about the
federal government’s In All Policy? Explain your opinion in a
c
c Fairness: A Native Claims Policy? paragraph.
c 20. Many of the problems affecting
c 9. To what federal government office
do Métis and non-status First contemporary Aboriginal peoples
c
c Nations people address their result from decisions made by
c concerns? When was this office people long ago. Resolving today’s
c issues can be difficult and can
c opened and why?
result in further injustices. Write
c 10. Outline the steps that Aboriginal
c an essay titled “Finding Justice
groups take when launching a for Aboriginal Peoples in the
c
c land claim. Twenty-First Century.” Use specific
c 11. What are the differences examples that you have learned
c about in this textbook, additional
c between comprehensive and
c specific land claims? research, and current events to
c form a thesis and express your
12. What problems are created when
c opinion on this topic.
c land claims remain unsettled for
c years, decades, or longer? Provide 21. What role do natural resources
c specific examples. play in land claims? Find three
c specific examples in this chapter
c 13. How have changes in the lifestyle
and create a PowerPoint™
c of Aboriginal peoples made land
c presentation that illustrates the
claims important to their livelihood?
c impact that characteristics of the
c 14. What does it mean to “take treaty”? land itself have on the way and
c What does it mean to “take scrip”? speed with which land claims are
c If you were placed in the position
c negotiated and settled.
c of choosing between the two
c today, which would you choose?
c Explain your choice using
c historical examples.
c
156 CONTEMPORARY ISSUES
Viewing and Representing • local landowners (could be
22. Create a work of art or performance Aboriginal, non-Aboriginal, or both)
that is titled The Value of Land. • natural resource entrepreneurs
Include as many different perspec- (could be Aboriginal,
tives as you can, but also include non-Aboriginal, or both)
your own ideas and perspective. • non-Aboriginal community
23. Draw a concept map showing the members
structure of Métis Settlements • members of another minority
self-government. Visit the Métis group
Settlements General Council Web • members of the media
site at [Link] to find more Your teacher can act as mediator.
detail or, if possible, use protocol to Your goal is to represent the various
request a classroom visit from a perspectives of those involved in
Métis Settlement councillor. What the negotiation. Be careful that
powers does each level of your portrayal focuses on the
government have? How do these issues, not the personalities of the
powers compare to the Core Areas people whose views you represent.
of Jurisdiction listed on page 100, Consider what you have read
as identified by the Royal throughout this chapter about the
Commission on Aboriginal Peoples? motivations and interests of all
Why were the settlements able to parties involved. Following the
resolve their land claim when other simulation, discuss the questions
Métis people have not been? that follow:
24. How can settling land claims lead (a) How easy/difficult were the
to self-determination? Create a negotiations?
poster that demonstrates the (b) What were the most difficult
significance of land claims for issues to solve?
Aboriginal peoples, including the (c) What emotions did you
considerations that follow: experience during the role-play?
• political value How did your emotions affect
• economic value your decision making?
• social value (d) How easy was it to relate to
• cultural value other people’s perspectives?
• educational value (e) Which groups, if any, seemed to
• spiritual value have more power? Less power?
How can you explain the
Going Further imbalance of power?
25. As a class, role-play a land-claims (f) How was the dispute resolved?
negotiation. You might choose one Were all parties satisfied with
of the land-claims settlements the resolution? How did you
discussed in this chapter or create handle people who disagreed
an imaginary land-claims negotiation with the settlement?
with a scenario described by your (g) What did the simulation teach
teacher. Assign some or all of the you about negotiations?
roles that follow amongst your
class members:
LOOKING BACK
• Aboriginal leaders
• Aboriginal community members With a partner, answer the focus
• provincial and federal questions that began this chapter
government representatives on page 108.

LAND CLAIMS 157