Sentences with phrase «modern land claims»

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).

These are what are often referred to as «modern land claims agreements» and, under s. 35 (3) they become constitutionally protected treaty rights.

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

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.

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.

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.

The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga'a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga'a people self - government.

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.

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 →

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

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.

(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.

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

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 original suit in this matter was the first modern - day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission.

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).

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.

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: