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Indigenous Land Claims In Canada
Indigenous peoples in Canada demand to have their land rights and their Aboriginal titles respected by the Canadian government. These outstanding land claims are some of the main political issues facing Indigenous peoples today. The Government of Canada started recognizing Indigenous land claims in 1973. Federal policy divided the claims in two categories: comprehensive claims and specific claims. Comprehensive claims deal with Indigenous rights of Métis, First Nations and Inuit communities that did not sign treaties with the Government of Canada. Specific claims, on the other hand, are filed by First Nations communities over Canada's breach of the Numbered Treaties, the ''Indian Act'' or any other agreements between the Crown and First Nations. Comprehensive claims Comprehensive claims are assertions of Aboriginal title by Indigenous groups over their ancestral lands and territories. Following the 1973 Calder decision, in which the existence of Aboriginal title was first r ...
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Indigenous Peoples In Canada
Indigenous peoples in Canada (also known as Aboriginals) are the Indigenous peoples of the Americas, Indigenous peoples within the boundaries of Canada. They comprise the First Nations in Canada, First Nations, Inuit, and Métis#Métis people in Canada, Métis, representing roughly 5.0% of the total Population of Canada, Canadian population. There are over 600 recognized List of First Nations peoples in Canada, First Nations governments or Band government, bands with distinctive cultures, languages, art, and music. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The characteristics of Indigenous cultures in Canada prior to European colonization included permanent settlements, agriculture, civic and ceremonial architecture, complex Hierarchy, societal hierarchies, and Trade, trading networks. Métis nations of mixed ancestry originated in the mid-17th century when First Nations and Inuit people married Europeans, primarily the ...
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Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' 973SCR 313, 9734 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. In 1969, Frank Arthur Calder and the Nisga'a Nation Tribal Council brought an action against the British Columbia government for a declaration that aboriginal title to certain lands in the province had never been lawfully extinguished. At trial and on appeal, the courts found that if there ever was aboriginal title in the land it was surely extinguished. The Supreme Court recognized that the Nisga'a had aboriginal title to the lands at the time when European settlers arrived. This was because the Nisga'a had been "organized in societies and occup edthe land as their forefathers had done for centuries" ( Justice Judson, writing for a three-justice plurality) and because they had "possession from ...
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Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', Case citation, [1997] 3 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wetʼsuwetʼen, Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The Plaintiff, plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under Section 35 of the Constitution Act, 1982, section 35 of the ''Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test fro ...
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Land Claim
A land claim is "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include Aboriginal title, aboriginal land claims, Territorial claims of Antarctica, Antarctic land claims, and post-colonial land claims. The term is also sometimes used when referring to disputed territories like Western Sahara or to refer to the claims of displaced persons. In the Colonialism, colonial times of the United States, American men could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: # claim without any action on the ground # claim with (movable) property of the claimant on the ground # claim with the claimant visiting the land # claim with claimant living on the land. Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still ...
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Land Back
Land Back, also referred to with hashtag #LandBack or Rematriation, is a decentralised campaign that emerged in the late 2010s among Indigenous Australians, Indigenous peoples in Canada, Native Americans in the United States, other indigenous peoples and allies who seek to reestablish Indigenous sovereignty, with political and economic control of their ancestral lands. Activists have also used the Land Back framework in Mexico, and scholars have applied it in New Zealand and Fiji. Land Back is part of a broader Indigenous movement for decolonization. Description Land Back aims to reestablish Indigenous political authority over territories that Indigenous tribes claim by treaty. Scholars from the Indigenous-run Yellowhead Institute at Toronto Metropolitan University describe it as a process of reclaiming Indigenous jurisdiction. The NDN Collective describes it as synonymous with decolonisation and dismantling white supremacy. Land Back advocates for Indigenous rights, preserv ...
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Territorial Dispute
A territorial dispute or boundary dispute is a disagreement over the possession (law), possession or control of territories (land, maritime territory, water or airspace) between two or more political entities. Context and definitions Territorial disputes are often related to the possession of natural resources such as rivers, fertile farmland, mineral or petroleum resources although the disputes can also be driven by culture, religion, and ethnic nationalism. Territorial disputes often result from vague and unclear language in a treaty that set up the original boundary. Territorial disputes are a major cause of wars and terrorism, as states often try to assert their sovereignty over a territory through invasion, and non-state entities try to influence the actions of politicians through terrorism. International law does not support the Use of force in international law, use of force by one state to annex the territory of another state. ThUN Charterstates, "All Members shall refrai ...
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Band Government
In Canada, an Indian band (), First Nation band () or simply band, is the basic unit of government for those peoples subject to the ''Indian Act'' (i.e. status Indians or First Nations). Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council () chaired by an elected chief, and sometimes also a hereditary chief. As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are members of a band. Bands can be united into larger regional groupings called tribal councils. A treaty council, or treaty association, has ad ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed to be an inadequate remedy by themselves. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be di ...
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James Bay Project
The James Bay Project () involves the construction of a series of hydroelectricity, hydroelectric power stations on the La Grande River in northwestern Quebec, Canada by government-owned corporation, state-owned public utility, utility Hydro-Québec, and the diversion of neighbouring rivers into the La Grande Drainage basin, watershed. It is located between James Bay to the west and Labrador to the east, and its waters flow from the Laurentian Plateau of the Canadian Shield. The project is one of the largest hydroelectric systems in the world. It has cost upwards of US$20 billion to build and has an installed generating capacity of 15.244 Gigawatt, GW, at the cost of 7,000 square miles of Cree hunting lands. It has been built since 1974 by James Bay Energy () for Hydro-Québec. Construction costs of the project's first phase in ≈ 1971 amounted to $13.7 billion (1987 Canadian dollars). The eight power stations of the La Grande Complex generate an average of 9.5 GW, enough to meet ...
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James Bay And Northern Quebec Agreement
The James Bay and Northern Quebec Agreement () is an Aboriginal land claim settlement, approved in 1975 by the Cree and Inuit of northern Quebec, and later slightly modified in 1978 by the Northeastern Quebec Agreement (), through which Quebec's Naskapi First Nation joined the agreement. The agreement covers economic development and property issues in northern Quebec, as well as establishing a number of cultural, social and governmental institutions for Indigenous people who are members of the communities involved in the agreement. In the 1960s, Quebec began developing potential hydroelectric resources in the north, and in 1971 created the ''James Bay Development Corporation'' to pursue the development of mining, forestry and other potential resources starting with the James Bay Hydroelectric Project. This massive undertaking, which was directed by an increasingly assertive government of Quebec without consulting Indigenous people, was opposed by most of northern Quebec's Cree ...
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ISSN (identifier)
An International Standard Serial Number (ISSN) is an eight-digit to uniquely identify a periodical publication (periodical), such as a magazine. The ISSN is especially helpful in distinguishing between serials with the same title. ISSNs are used in ordering, cataloging, interlibrary loans, and other practices in connection with serial literature. The ISSN system was first drafted as an International Organization for Standardization (ISO) international standard in 1971 and published as ISO 3297 in 1975. ISO subcommittee TC 46/SC 9 is responsible for maintaining the standard. When a serial with the same content is published in more than one media type, a different ISSN is assigned to each media type. For example, many serials are published both in print and electronic media. The ISSN system refers to these types as print ISSN (p-ISSN) and electronic ISSN (e-ISSN). Consequently, as defined in ISO 3297:2007, every serial in the ISSN system is also assigned a linking ISSN ...
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