Sentences with phrase «land claim agreements»

This protection includes rights that exist or may be acquired by way of land claim agreements.
Of those, 18 are part of a comprehensive land claim agreement (or modern treaty).
Many First Nations governments are increasingly assuming responsibility for land - use planning, whether through the Indian Act, the First Nations Land Management Act, or within the context of modern land claims agreements.
The Nunavut Land Claim Agreement Act gave Inuit control of more than 350,000 square kilometres of land, of which 36,000 square kilometres includes mineral rights.
(B) an organization established to negotiate or implement on behalf of aboriginal people, a treaty or land claim agreement with the Government of Canada,
Nunavut is the largest and newest territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999 via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993.
Second, underlying this settlement is a simple reality that applies to all long term agreements, whether land claim agreements or IBAs — no matter how clear an agreement may seem when it is being negotiated, implementation of long - term agreements will inevitably encounter disagreements.
For those currently negotiating land claim agreements and IBAs, the Settlement Agreement may provide concrete examples of dispute resolution (and dispute prevention) processes that can be built into those agreements.
By: Nigel Bankes PDF Version: Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014... Continue reading →
Nunavut Tunngavik Inc. v. Canada (Attorney General) et al. 2014 NUCA 2 Contracts — Indians, Inuit and Métis — Practice Summary: This action was started by Nunavut Tunngavik Inc. (Tunngavik), a body created to assist in implementing a comprehensive Land Claims Agreement between the Inuit and Canada.
Lawyers advising First Nations on these issues should have a strong background in employment law principles and human rights, particularly since the Canadian Human Rights Code applies to all aspects of Indian band governance, including governance structures under modern land claims agreements.
It was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the boundaries had been contemplatively drawn in 1993.
Jeff advances his clients» interests in a broad range of contexts, including through the courts, consultations with the Crown and negotiation with industry including, in regard to regulatory decisions, land use and strategic planning, oil and gas, mining, hydroelectric development and the implementation of land claims agreements.
The basic Canadian response to the recognition of on - going Aboriginal rights and title in Canada has to been to avoid litigation and instead move down the path of comprehensive land claim agreements.
In 2005, the federal and provincial governments signed a land claim agreement with the Labrador Inuit — about 5,300 people — covering 72,500 square kilometres.
On May 4, 2015, Nunavut Tunngavik Incorporated (NTI), the organization that represents Inuit under the Nunavut Land Claim Agreement, and the federal government reached a settlement in NTI's $ 1billion Read More
September 19, 2017 — the Committee met to begin their study on Specific Claims and Comprehensive Land Claim Agreements.
It seems to me that this is significant since much has been made in the past as to whether a land claim agreement is a complete code that still allows the duty to consult to function (see Beckman v Little Salmon / Carmacks First Nation, 2010 SCC 53 (CanLII)-RRB- and as to whether the provisos in the numbered treaties might limit the articulation of treaty rights: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 (CanLII).
Others with IBAs and land claim agreements may wish to review the dispute resolution processes in their agreements to determine if those processes need to be made more effective and timely.
It is notable how little the Court has to say in Clyde River about the terms of the Nunavut Land Claim Agreement.
He received his LL.M., which focused on Canada's intellectual property regime in relation to the Nunavut Land Claims Agreement, from the University of Ottawa in April 2011, his LL.B.
Proceedings against federal, provincial and territorial governments to enforce the implementation of land claims agreements and treaties
These are what are often referred to as «modern land claims agreements» and, under s. 35 (3) they become constitutionally protected treaty rights.
By and large, from the Aboriginal signatory side, entering into a land claims agreement is analogous to entering into a marriage: working out respective roles and responsibilities, communicating and sharing in order to have a happy and prosperous life together.
Similar ground has been covered by a succession of reports by the Senate Committee on Aboriginal Peoples beginning with the report of 2000 entitled Forging New Relationships and a much more recent one on the Government's non-fulfillment of obligations specified in the modern land claims agreements (all of which have been ratified by Parliament) and entitled Negotiation or Confrontation: It's Canada's Choice.
Early in the new millennium the several different First Nations and Inuit communities which had successfully negotiated a modern land claims agreement with Canada, and very often with a province as a participating government as well formed a body known as the Land Claims Agreements Coalition (LCAC).
What is specific about these claims is that they allege non-fulfillment of a particular provision in an earlier treaty, though, generically, a modern land claim agreement could also give rise to a specific claim.
Aldridge explained the gap between the Government's view of the modern land claims agreements and the views of the Indigenous parties in the following way:
Nelligan O'Brien Payne LLP's Indigenous Law group services include implementation of land claims agreements, taxation issues, land use and habitat issues, revenue sharing, resource development negotiations, construction contracts, employment matters, residential school claims and many others that may be required by First Nations and Inuit Organizations.
on Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement
ABlawg Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement
The Nunavut Court of Appeal has confirmed the availability of a disgorgement remedy as a possible means of assessing damages for breach of a modern land claim agreement.
This surge of political interest in treaty making was mostly evident in the territories north of the 60th parallel, where bilateral, nation - to - nation negotiations led to the making of the Inuvialuit Treaty (1984), the Gwich» in Comprehensive Land Claim Agreement (1992), the Nunavut Land Claims Agreement (1993) and the Sahtu Dene and Métis Comprehensive Land Claim Agreement (1993.)
(3) Cases reaching the SCC are suits brought by one or another of the handful of First Nations which hold a «modern land claim agreement» with Canada and with a Province.
Section 35 of the Constitution Act, 1982 recognizes and affirms Aboriginal and treaty rights that now exist or that may be acquired by way of land claim agreements.
a b c d e f g h i j k l m n o p q r s t u v w x y z