An Introduction

What is a Land Claim Most Aboriginal land claim negotiations involve the federal government, which has primary responsibility for the resolution of Aboriginal land claims. Provinces may become involved in Aboriginal land claims because of provincial involvement in the historical events giving rise to the claim and because many claims involve the assertion of rights with respect to Crown lands, natural resources and private property. Generally, there are three kinds of land claims in Ontario: Treaties Aboriginal title Surrender for sale of reserve land

What is a Land Claim (Continued) Treaties Usually the result of disagreements between the Crown and First Nations about the location and size of reserves that were set aside under a treaty. They can also arise as a result of events that took place some time after treaties were negotiated and reserves were surveyed, for example, claims arising as a result of flooding of reserve land for hydroelectric power or the taking of reserve land for public purposes, i.e., the construction of highways and railways, without lawful authority or compensation. Aboriginal title Based on allegations that lands traditionally used and occupied by Aboriginal people were never surrendered to the Crown by Aboriginal people. A First Nation may claim that a land surrender or treaty was flawed and that the original Aboriginal interest in the land remains. Surrender for sale of reserve land Arise when a First Nation seeks compensation for, or the return of land that it had surrendered to the Crown for sale so that the payment from the sale could be used for the benefit of the First Nation. Although such land surrenders generally occurred many years ago, the land often remains unsold and unpaid for.

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