INFO Capsules
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What are treaty rights?
First Nations signed treaties with various British and Canadian governments before and after Confederation in 1867. No two treaties are identical, but they usually provide for certain rights, including reserve lands, annuities (a small sum of money paid each year), and hunting and fishing rights. Several treaties also have certain allowances for Chiefs and Councillors such as salary instead of annual payments, as well as a clothing allowance of a suit of clothing every three years. Treaty rights are collective rights that provide for payments to individual Treaty Indians. The payments depend on the precise terms and conditions of the treaty signed by her or his First Nation. Treaty rights are protected by the Canadian Constitution.
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What are the main objectives of the Comprehensive Land Claims Policy?
The federal government put together The comprehensive land claims policy in order to address the needs of Aboriginal groups who have never signed a treaty and whose Aboriginal/ancestral rights are still recognized. They are thus in a position to present comprehensive land claims—that is, claims regarding their land rights but also the rights surrounding the use of land and resources. In order to be admitted into the negotiation process, the petitioning Aboriginals must be recognized and identified in accordance with the Indian Act. The established procedure states that the concerned Aboriginals must mandate a team to represent them during the negotiation. The policy also states that land disputes must be settled by tripartite negotiations between the federal government—acting as fiduciary for Aboriginal interests—the provincial or territorial government—since the land issues are a provincial matter—and the organization representing the Aboriginals making the property claim. Rights granted in signed agreements following these negotiations are then inserted into the Constitution as treaty rights.
Prepared/Written by:
Karine Gentelet
Centre de recherche en droit public
Faculté de droit
Université de Montréal
C.P. 6128, succ. Centre-ville
Montréal, Québec H3C 3J7
Email: karine.gentelet@umontreal.ca
