Negotiation of
land claim settlements in the Northwest Territories usually involves three parties: the Government of Canada, the Territorial Government, and the Aboriginal group making a claim.
A number of self - government agreements have been put in place, with the current trend being to negotiate
land claim settlements and self - governance as part of the one major comprehensive settlement.
There have been a number of positive developments in Canada over recent years in terms of integrating the social and economic development of Indigenous people with the recognition of Aboriginal rights through the development of comprehensive
land claim settlements.
The trend in Canada is to bring
land claim settlements and agreements about self - government together in an integrated process.
He supports the review and potential revocation of
land claim settlements awarded to Iroquois tribes in court cases.
«Today's
land claim settlement agreement represents decades of diligent effort and heroic patience on the part of the Stockbridge - Munsee Tribe through the years,» Governor Paterson said.
«Today we are signing
a land claim settlement agreement that is beneficial to all parties.
The land claim settlement agreement transferred to the Stockbridge - Munsee the rights to 1.84 acres of land in Madison County.
Earlier today, Governor Paterson was joined by Stockbridge - Munsee President Kim Vele and other stakeholders in Madison County to sign the Stockbridge - Munsee
Land Claim Settlement Agreement, which cleared the way for this compact and settled a longstanding land claim impacting thousands of acres in Central New York.
According to a statement from Newbould's lawyer Brian Gover of Stockwoods LLP, the Indigenous Bar Association filed a complaint with the CJC related to a proposed
land claim settlement that was discussed in 2014 at a public meeting called by the Mayor of Sauble Beach.
While at this point there is not yet a crystal clear general legal requirement in Canadian law to consult with Indigenous peoples on the negotiation and ratification of international treaties, a number of «modern'treaties, called comprehensive
land claims settlements, include explicit obligations on Canada to consult with the Indigenous party in advance of new international treaties that might affect rights under these agreements.
A land claim settlement in February 1995 between the Eastern Abenaki Penobscot Nation and the State of Maine was broadened to include allied Maliseet and Passamaquoddy residing there.
The Native Title Report 2003 18of my predecessor sets out a detailed discussion of these rights entitled: The Comprehensive
Land Claims Settlements Process.
On the other hand Inuit groups in various parts of Canada have expressed a desire to address their self - government aspirations within the context of larger public government arrangements, even though they have, or will receive, their own separate land base as part of a comprehensive
land claim settlement.
Culturally, politically, economically and socially, the Nunavut
land claim settlement helps Inuit in the territory realize their potential by enabling them to make their own choices.
Not exact matches
Alutiiq is a subsidiary of the Afognak Native Corporation, which is in turn owned by about 700 Alaskan Natives from the Kodiak Island archipelago, the product of a
settlement with Washington over
land claims.
She has contributed to a long tradition of «grounding facts in the
land» which starts with the first «Aaliyas» (immigrations to Israel) and the attempt to create territorial continuity of Israeli population in Palestine, to the modern practice of the
settlements, in which lonely caravans are erected in the midst of the Palestinian territories,
claiming Israeli jurisdiction.
The ex-lover of Gov. David Paterson, who
claims she was forced out of her job at his consulting firm after their affair ended, has
landed a secret
settlement, Page Six...
Tenney has been a vocal opponent of the agreements struck by the state, local governments and the Oneida Indian Nation that created exclusivity clauses in exchange for the
settlement of long - standing
land claims as well as revenue sharing agreements.
Lands secured in Sullivan County can be used as «replacement lands» for lands claimed in Madison County as long as those lands are obtained as consideration for final settle
Lands secured in Sullivan County can be used as «replacement
lands» for lands claimed in Madison County as long as those lands are obtained as consideration for final settle
lands» for
lands claimed in Madison County as long as those lands are obtained as consideration for final settle
lands claimed in Madison County as long as those
lands are obtained as consideration for final settle
lands are obtained as consideration for final
settlement.
The 2013
settlement agreement signed by the Oneidas and Gov. Andrew Cuomo - which also settled outstanding
land claims - gave the Oneidas the exclusive right to gaming activity in a 10 - county area around Turning Stone.
«INCRA, the Brazilian Agrarian Agency,
claims that deforestation almost always occurs prior to the establishment of new
land reform
settlements.
When I began researching, I discovered that
settlement on Shoalwater (now Willapa) Bay predated that of Seattle, thanks to the prevalence of the native oyster, which was prized in San Francisco, and that the
land I'd been staring at for ten years or more had been one of the earliest homestead
claims in western Washington.
Her lecture will be followed by a film entitled Der Wille zur Macht, by artist Pablo Sigg, which narrates the history of Nueva Germania, a colony founded by Elisabeth Nietzsche (sister of Friedrich) and her husband in the Paraguayan jungle, exploring their
claims to the
land and the complex culture that sprouted around and through their
settlement.
A # 55 million
landed estate involving the death of a husband and wife in quick succession, heritage relief
claims, re-financing and a negotiated
settlement of potential
claims against the estate and
claims from potential beneficiaries of discretionary trusts.
Lawyers who have never had an Indigenous client are more likely to think about
land claims, the Indian Residential Schools
Settlement, or Gladue reports in criminal court.
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
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.
The Specific
Claims Tribunal determined Williams Lake had established the validity of the
claim against the federal Crown: there were pre-emptive purchases of the
lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved
lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in
settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve
lands to Williams Lake.
The litigation practice amongst others covers areas such as aviation, maritime, copyright, employment,
land & real estate, environmental law
claims,
claims arising from tort, contract
claim settlements receiverships and debt recoveries.
In the mid-1970s he argued passionately that the proposed construction of a pipeline across the traditional homeland of the Dene people before the
settlement of their
land claims would destroy their way of life as well as damage the natural environment of the region.
[40] Another significant consideration — if a
claim for
land in severalty is found to be an individual right and if any such
claims are made out (about which we obviously express no opinion)-- is whether, and if so how, that might affect the
Settlement Agreement and the Consent Order.
An individual who may have been entitled to
land in severalty when the
Settlement Agreement was reached may seek a declaration that this right was not compromised by the
Settlement Agreement and Consent Order and advance a
claim to exercise such a right.
Very soon after the ratification of the first comprehensive
land claim, The James Bay and Northern Quebec
Settlement Agreement (JBNQA), Canada and Quebec set about ignoring the Agreement and defying its provisions.
[44] That said, I think that the plain and ordinary meaning of the words «will be» in the relevant provision is sufficiently mandatory to indicate an obligation upon Canada to consider and settle Indian
claims for compensation for
lands required for the purposes of
settlement.
Comprehensive
claims settlements from these areas of Canada usually take the form of modern - day treaties and include a variety of terms such as money,
land, forms of self - government, rights to wildlife, and provisions for the joint management of
lands and resources.
Legal Post Blog Ontario slowly closing in on the largest
land -
claims settlement in Canadian history
Just and lasting
settlements with the Métis, whether they are called treaties, modern - day
land claims, or some other type of agreement, must be reached and given legal force and effect with s. 91 (24)'s certainty.
Nunavut
land claim lawsuit against federal government reaches tentative
settlement, Canadian Press
Smart options would be features like cashless facility, network hospitals near your campus,
claim settlement procedure and past record of insurer — since you will be foreign to a foreign
land.
’15 In addition, the Alternative
Settlement Framework seeks to provide «a range of options to settle native title
claims and create a more certain environment for all interest - holders in the
land and water that is subject to native title».16 The Alternative
Settlement Framework is based on the proposal that native title claimants be offered:
The Alaska Native Title
Claims Settlement Act 1971 (ANCSA) authorised Alaska Natives to select, and receive title to, 44 million acres of federally - owned public land in Alaska, and also to receive $ US962, 000,000 in cash as settlement of their Aboriginal claim to land in the State
Settlement Act 1971 (ANCSA) authorised Alaska Natives to select, and receive title to, 44 million acres of federally - owned public
land in Alaska, and also to receive $ US962, 000,000 in cash as
settlement of their Aboriginal claim to land in the State
settlement of their Aboriginal
claim to
land in the State of Alaska.
for Commonwealth financial assistance to State and Territory governments to negotiate
settlements that result in the full and final resolution of a
claim or potential claim, and provide practical benefits to Native Title Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
claim or potential
claim, and provide practical benefits to Native Title Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
claim, and provide practical benefits to Native Title
Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
Claim Groups, for example
land acquisition, the buy back of licences and opportunities to co-manage and access
land.
The British Columbia experience has shown the fundamental necessity of building relationships on an incremental basis and of linking social and economic development to
settlement of
land claims or native title issues.
The policy response to Calder was for the Canadian Government to enter into a process for comprehensive
land claims negotiations and
settlements, thereby minimising litigation (see below).
The 1986 Policy allows for the retention of Aboriginal rights on
land which Aboriginal people will hold following the conclusion of a
claim settlement, to the extent that such rights are not inconsistent with the
settlement agreement.
The best known US
settlement in respect of land is the Alaska Native Claims Settlemen
settlement in respect of
land is the Alaska Native
Claims SettlementSettlement of 1971.
[62] The Victorian
Settlement Framework «provides for out of court settlement packages that allow Traditional Owners to settle their land claim directly with the State outside the Federal Court proce
Settlement Framework «provides for out of court
settlement packages that allow Traditional Owners to settle their land claim directly with the State outside the Federal Court proce
settlement packages that allow Traditional Owners to settle their
land claim directly with the State outside the Federal Court process».
The primary goal of the Canadian government in the Comprehensive
Claims settlement process is to negotiate modern treaties which will provide a clear, certain and long - lasting definition of rights to
lands and resources for all Canadians; thus equitably reconciling the protection of Aboriginal and non-Aboriginal interests through the negotiation process by:
Such negotiated
settlements have covered matters such as gaming on Indian reserves, child welfare, and in the case of Alaska, major Aboriginal title and
land claim issues.