Sentences with phrase «land claims negotiations»

(23) Comprehensive land claims negotiations are based on the assertion of continuing Aboriginal title to lands and natural resources.

Comprehensive land claims negotiations are based on the assertion of continuing Aboriginal title to lands and natural resources.

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).

Nunavut Land Claims Negotiations (2005 - 06): Counsel to the federally - appointed Conciliator, Thomas R. Berger O.C., Q.C. in stalled negotiations between the governments of Canada and Nunavut, and the Nunavut Inuit.

Acting for the Te» mexw Treaty Association and its member First Nations in their ongoing modern land claims negotiations under the BC Treaty process.

Not exact matches

Tuesday's accord also opens the door to negotiations over Mohawk land claims near their reservation along the Canadian border.

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.

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.

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.

Americans With Disabilities Act, Compliance, Discrimination Claims, Appellate Tax Board, Board of Health, Site Assignments, Title 5, Cable Television License Renewal and Negotiations, Chapter Lands 61, 61A, 61B, Chapter 91 Permitting, Charter Commissions and Civil Rights Community Preservation Act, Comprehensive Permits c. 40B, Affordable Housing, Conflict of Interest, Conservation Restrictions, Economic Development, Tax Incentives, Elections and Campaign Finance, Eminent Domain and Regulatory Takings, Environmental Law.

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).

Comprehensive Land Claim and Self - Government Negotiation TablesSee a listing of the status of Land Claim and Self - Government Agreements with Aboriginal groups and provincial / territorial governments across Canada.

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.

Legal Counsel for the Manitoba Metis Federation has recently suggested that it will rely on Marshall to argue that the court should consider the underlying negotiations between Louis Riel and the federal government which gave rise to the rights of the Metis, embodied in the Manitoba Act of 1870, upon which Metis land claims in Manitoba are based.40

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

In the context of environmental assessment, for example, this may mean assessments carried out by collaboratively managed institutions such as the plethora of co-management boards enabled by northern land claims agreements (see for example those established under the Mackenzie Valley Resource Management Act), or it may mean enabling parallel assessments by Indigenous nations and the Crown (for an example see this independent assessment by the Tsleil Waututh Nation of the Kinder Morgan Trans Mountain tankers and pipelines project), followed by reconciliation negotiations to reach agreement on outcomes.

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.

Aboriginal groups can be expected to advocate extended tax exemptions in the course of constitutional and land - claims negotiations.

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.)

Over almost 30 years the claim has seen extensive legal processes and lengthy negotiations, including three hearings by the Aboriginal Land Commissioner and two High Court challenges.

Negotiation based on consent and equality can transform what was a contradiction at the foundation of our nation between the conflicting claims of Indigenous and non-Indigenous people to the jurisdiction of traditional lands, into an agreement as to the basis of our coexisting sovereignty.

For instance, it was noted in the Report that negotiations between the state and native title claimants are often conducted where the State, as managers of land and resources, seeks to utilise land or permit the public or private interests to utilise land that is also the subject of a native title claim.

The other framework in which negotiations are conducted is where the State, as managers of land and resources, seeks to utilise land or permit the public or private interests to utilise land that is the subject of a native title claim.

While some states adopt a more congenial approach in negotiations directed to non-native title outcomes, emphasis on a legal framework makes the State a respondent to a claim in which the applicant group seeks to burden its (that is, the Crown's) radical title to the land.

Within this process there is capacity for States to adopt policies which broaden the scope of their negotiations with native title claim groups so that agreements can give recognition to the ongoing connection of Indigenous people to their land and provide an alternative and additional basis for the recognition of Indigenous peoples» economic and social rights.

The Gurang Land Council Aboriginal Corporation (GLC), worked with three native title claim groups from central Queensland, the Local Government Association of Queensland (LGAQ) and 16 local governments, represented by MacDonnells Law, to develop a template for future ILUA negotiations.

Even where native title has been extinguished in a part of the claim area, this should not preclude negotiations regarding that land if the interest that extinguished the native title has ceased (and the land has reverted to Crown title) and the native title claimants maintain a connection with that land based on the observance of traditional law and custom.

The mutual benefit to be gained from negotiation based on consent and equality is that what was a contradiction at the foundation of our nation between the conflicting claims of Indigenous and non-Indigenous people to the jurisdiction of traditional lands, becomes an agreement as to the basis of our coexistence.

Where native title negotiations are not directed through integrated policy objectives towards agreements which lay the foundation for economic and social development then the negotiations will instead be driven by other priorities, such as the need to resolve a legal claim or the land management priorities of the state.

At the Kimberley Land Council a conscious decision was taken to use its limited resources to pursue claims over and above the negotiation of agreements.

Whilst negotiations in the context of resolving native title claims often provide an appropriate vehicle or launching pad for other negotiations relevant to the particular group or land and waters, it can also carry disadvantages for the claimant group.

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:

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.

(57) Although separate from the native title claim negotiations, and explicitly not a native title determination or recognition of native title, the MOU arose out of those discussions and through the active involvement of the Native Title and Indigenous Land Services negotiator.

ILUAs are empowering Aboriginal people to enter into negotiations and have a say about land use in their claim area.

This document was drafted and agreed by government and a peak body of land councils, and it acts as a basis for negotiations over exploration on native title - claimed land.