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AFN Presentation on Comprehensive Claims Policy vs. Recognition of Aboriginal Title

AFN Presentation on Comprehensive Claims Policy vs. Recognition of Aboriginal Title

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Published by Russell Diabo
Prepared by David C. Nahwegahbow, Senior Lawyer, who is an Ojibwe and Legal Counsel for AFN on some issues.
Prepared by David C. Nahwegahbow, Senior Lawyer, who is an Ojibwe and Legal Counsel for AFN on some issues.

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Categories:Types, Business/Law
Published by: Russell Diabo on Mar 16, 2013
Copyright:Attribution Non-commercial

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05/14/2014

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Federal Comprehensive ClaimsPolicy vs. Recognition of Aboriginal Title & Rights
Concurrent Sessions: Title and Rights/ ModernAgreementsDecember 8-9, 2009
 
2
Background to CCP
The first time the Supreme Court of Canada (SCC)ruled on Aboriginal title in Canada was 39 years ago(1973), in the
Calder case.
The Nisga’a Tribe lost the
Calder 
case.The Court ruled in favor of Aboriginal title; but thebench was split on whether Aboriginal title wasextinguished three for, and three againstThe 7th ruled against the Nishga’a on a technicality.
 
3
1973 Statement of Policy
The federal government responded to the
Calder decision by way of a “statement of policy
”, issued bythe then Minister of Indian Affairs, Jean Chretien.The federal policy was to negotiate three types of claims; 1) Comprehensive Claims, 2) Specific Claims,and 3) Claims of another nature.

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