Sentences with phrase «modern land claims agreements»

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

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.

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.

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.

Not exact matches

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).

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.