Lesson 4: Comprehensive Land Claims

Treaties and Comprehensive Land Claims in Canada: Copyright © Natural Resources Canada. Reproduced under the terms for Noncommercial Reproduction, as described at www.nrcanrncan.gc.ca/com/notiavis-eng.php.

Comprehensive Land Claims 

Comprehensive Land Claims can be, and usually are, a long, very expensive process involving the federal government, provincial or territorial government and the Aboriginal group.  As the negotiation progresses other government groups can become involved - Parks Canada, Environment Canada, Canadian Heritage, Natural Resources Canada, Fisheries and Oceans Canada.

Comprehensive Land Claims Process:

1. Aboriginal group researches its case and submits evidence in the form of Band Council Office record, church records, mission diaries, church stories, local governments, birth, baptism, marriage and death records regarding the following criteria:

• The Aboriginal group is and was, an organized society
• The groups occupation of the land was "an established fact" when European nations asserted their claims on the land.
• The Aboriginal group exclusively occupied the land (it was not shared with another organized group).
• The Aboriginal group continues to use and occupy the land for traditional purposes

2. The government reviews the claim and determines if there is legal merit.  The Aboriginal group must come up with more evidence and/or ask the Indian Claims Commission (ICC) to review the decision.  If the review fails, teh group may file a lawsuit against the government.

3. If the claim has merit, negotiations proceed.