Sentences with phrase «land claim treaty»

In reaching its decision, the majority of the court stated that where a modern land claim treaty has been concluded, the first step is to look at its provisions to determine the parties» obligations, including any consultation obligations set out in the treaty.

Not exact matches

Our Government will continue our dialogue on the treaty relationship and comprehensive land claims.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

We discuss treaties, land claims, tribal government, and mascot issues.

Then there are the Lubicon Cree, who never signed the treaty and may have a legal claim to the land and subsurface rights.

In this position, he learned about and researched land claims and treaty rights.

It also increases the likelihood of more successful Aboriginal title claims and, hopefully, more intensive and good faith negotiations in modern land claims and treaty processes.

Therefore, the Numbered Treaty nations have an explicit treaty relationship with the federal government, unlike many other First Nations, whose claims are based on the more general concept of inherent Aboriginal Rights to a land or territory (also known as Aboriginal title, see Aboriginal Treaties).

Notable mandates: Acting for Redberry Investments Corp. in becoming the Canadian master franchisee for Burger King Corp.; acting for Dundee Kilmer Developments Ltd. in the development of the condominium components for the 2015 Pan Am Games Athlete's Village; principal negotiator and counsel to the Algonquins of Ontario in ongoing treaty negotiations in a land claim covering 36,000 square kilometres; representing insurers involved in the Elliot Lake Mall collapse; representing Financial Advisors Association of Canada (Advocis) in submissions to the Supreme Court of Canada regarding McLean v. British Columbia Securities Commission.

This is because the permit alone gives the permittee no right to use the surface while the First Nation (at para 88) «does not advance here a treaty right or Aboriginal claim to subsurface rights or rights exercisable in relation to the subsurface of Treaty 10 lands.»

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

For First Nations that have not signed treaties, the definition of traditional territory may arise from ongoing treaty negotiation processes or other interactions with the Canadian government and legal system (see Land Claims).

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.

Of those, 18 are part of a comprehensive land claim agreement (or modern treaty).

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.

Notable mandates: principal negotiator and senior legal counsel to the Algonquins of Ontario in ongoing treaty negotiations in a land claim that covers most of eastern Ontario, including the nation's capital, and in which more than 1.2 million people reside; representing USW Local 2251, the largest local union at Essar Steel Algoma Inc., in the Algoma CCAA restructuring; two significant insurance coverage appellate victories, Urbanmine Inc. et al v. St Paul Fire and Marine Insurance Company et al and Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company; acting for North American Fur Auctions, successor to the original Hudson's Bay fur trading business, in connection with the amendment, restatement and re-syndication of a credit facility to include Export Development Canada; acted for La Caisse Centrale Desjardins du Québec with respect to credit facilities to finance the construction of a highrise condominium complex containing an affordable housing component

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.

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.)

(B) an organization established to negotiate or implement on behalf of aboriginal people, a treaty or land claim agreement with the Government of Canada,

Large energy, mining, forestry, pipeline, railroad and other infrastructure projects related to land and resources may involve Aboriginal and treaty rights and claims.

Meanwhile, the Government of Canada had promised, via treaties and other legal documents, to recognize First Nations» sovereignty and land title and claims.

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.

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.

(Claims of rights on lands that have not been surrendered and as regards to which there has been no treaty are called «Aboriginal rights claims,» though sometimes a defendant can claim both an Aboriginal right and a treaty right to the same harvesting actiClaims of rights on lands that have not been surrendered and as regards to which there has been no treaty are called «Aboriginal rights claims,» though sometimes a defendant can claim both an Aboriginal right and a treaty right to the same harvesting acticlaims,» though sometimes a defendant can claim both an Aboriginal right and a treaty right to the same harvesting activity.)

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; — to all cases affecting ambassadors, other public ministers and consuls; — to all cases of admiralty and maritime jurisdiction; — to controversies to which the United States shall be a party; — to controversies between two or more states; — between a state and citizens of another state; — between citizens of different states; — between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

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.)

The indigenous peoples of Canada are afforded legislative rights that protect land claim agreements alongside legislative rights under land treaties.

Under the Canadian Constitution Act 1982, land claim agreements and treaty rights have legislative protections without any derogation of these rights in preference to other agreements or rights.

(30) The treaty signing was a historic moment not just for the Tlicho people, but also for the development of integrated land claims and self - government agreements.

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:

The federal policy stipulates that land claims may be negotiated with Aboriginal groups in areas where claims to Aboriginal title have not been addressed by treaty or through other legal means.