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First Nations Land Claims and Mega Projects

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Taylor Klassen

on 19 March 2015

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Transcript of First Nations Land Claims and Mega Projects

- Terms involved in the land claim:
- The Governmet of BC can determine who the land goes to (which plaintiff).
- The rights to the land stay with the Government of BC until true ownership is found.
Claim 2
- The reasons why the case was proposed:
There were 71 plaintiffs who wanted to claim the Chilcotin region, some including First Nations, also the Government of BC. The Delgamuukw were one of the larger groups who wanted the land.
Claim 2
Delgamuukw v. British Columbia
- The advantages and disadvantages of the decision for both parties involved:
- The Aboriginals gained more rights, and authority over the land in the claim. The Tsilhqot’in Nation still don't have full rights, and all the land they wanted.

- The British Columbian government had to give over a lot of their rights to the Trapline Territory to the Tsilhqot’in Nation. Yet retained some authority
Claim 1
- Terms involved in the land claim:
- British Columbia foresters need to ask permission to cut down trees in the land.
- Most descisions with the land must be given to the Tsilhqot’in Nation, allowing them to choose what happens with the land.
- There are certain situations were the government can override the First Nation's authority, limiting the amount of power the Tsilhqot’in Nation has.
Land Claim 1
- The reasons why the case was proposed:
Foresters would cut down the trees in territory owned by the Xeni Gwet'in band (there were under the Tsilhqot’in Nation). The Tsilhqot’in Nation didn't answer lightly. After a long period of time, they took the matter to the Supreme Court of Canada.
Land Claim 1
Tsilhqot’in Nation v. British Columbia
Land Claims and Major Projects
- The location of the land claim:
The general location was Trapline Territory
- The end result of the case:
The Aboriginals were given title, and rights over portions of the land. The First Nations recieved the title to approximatly 80,00 km of land. That is the most amount of land the First Nations have ever taken back.
- The impact of the decision on Aboriginal People:

There were able to gain a bit more land, and help their community. Also it had been a more than a decade since the Aboriginal title has been declared under the framework, this was a big confidence booster for the First Nations.
- The location of the land claim:
The land claim was for the Chilcotin Region.
Chilcotin Region
- The end result of the case:
The First Nations didn't get the land, and the case was dismissed. The superintendent dismissed the case, saying they could bring it up later.
Claim 2
- The advantages and disadvantages of the decision for both parties involved:
- The First Nations didn't get the rights to the land that they wanted. Yet they still are allowed to come back to the SCC for another trial.
- The Government of Canada got to keep the land.
- The impact of the decision on Aboriginal People:

The First Nations wanted the land, and them not getting it made it harder for the people. They would have been able to use the land to create more space for people to live. Without the land, more Aboriginals will struggle.
Mega Project
Diamond Mines of the Northwest Territories
- The purpose of the project:
To gain money. The mines have been producing a lot of valuable materials (diamonds, some gold, platinum...). The Diamond Mines in NWT have the best results lately, and have been producing a lot of diamonds.
- The location of the project:
It is found in the Northwest Territory (the eastern part)
Mega Project
- The advantages and disadvantages of the project:
- The government gets a good income from the mines (about 40 million dollars).

- First Nations still get a profit from the land.

- There is a huge environmental risk that comes along with open pit mining.
- Differing viewpoints of the project:
- Everyone seems to like it. There are good outcomes from the mines.

- If anyone didn't agree with the mines, they haven't spoken up.

- The First Nations had some problems with it at the start, but in the end they were able to get a share in the money from the mines, and some control over the land that the mines took over.
Mega Project
- The people the project impacts:
- Since the mines have become a larger project, more jobs have open up. The overall Canadian mining industry has employed more than 380,000 people!

- Some of the land belongs to the First Nations in that area. They were able to get a profit from the mines since it was on their land.
- The environmental impact of the project:
- There is problems with acidic chemicals from the ores that break down the rocks, and plant life.

- There is always problems with ground seepage. The chemicals on the rocks, and ores seep into the ground, and slowly destroy plant life.

- People also have to get rid waste rock, and sludge from the mines. There are certain protocols how to dispose of waste from the mines, but they still can't perfect it. Some of the waste ends up in rivers, and lakes, mucking them up.
Mega Project
- The future of the area:
- since the mines are prospering, they will continue operating for a long while

- When the mines are depleted, the area around, and the mines themselves will be restored to their original state.
- Affect on the Aboriginal People:
- Since some of the land belonged to the First Nations, the government decided to give a share of the profits to them (about 18%). This would equal to about 10 million dollars. This isn't a lot, but this does have a good impact on them.

- No First Nations lived on the land, so none of them had to move, yet the mines are really close to a reserve.

- The Aboriginal people were given some authority over the mines. The company mining has to sign certain papers from the Aboriginals to get permission to dig.
Work Cited
"Aboriginal Title: The Supreme Court of Canada Decision in Delgamuukw v. British Columbia (BP459e)." Aboriginal Title: The Supreme Court of Canada Decision in Delgamuukw v. British Columbia (BP459e). N.p., n.d. Web. 18 Mar. 2015.


"Environmental Code of Practice for Metal Mines." Government of Canada, Environment Canada. N.p., n.d. Web. 18 Mar. 2015.


"Facts 'n' Figures - MAC: Counting Mining's Contribution to Canada." Facts 'n' Figures - MAC: Counting Mining's Contribution to Canada. N.p., n.d. Web. 18 Mar. 2015.


"Forecast Region – Chilcotin." Government of Canada, Environment Canada. N.p., n.d. Web. 18 Mar. 2015.


"Indigenous Case Law." Quazoo. N.p., n.d. Web. 18 Mar. 2015.


"North American Tungsten Corporation Ltd. - Cantung Mine Site - Wed Mar 18, 2015." North American Tungsten Corporation Ltd. - Cantung Mine Site - Wed Mar 18, 2015. N.p., n.d. Web. 18 Mar. 2015.


"Supreme Court Judgments." Delgamuukw v. British Columbia. N.p., n.d. Web. 18 Mar. 2015.


"Supreme Court Judgments." Tsilhqot'in Nation v. British Columbia. N.p., n.d. Web. 18 Mar. 2015.


"Supreme Court's Land-rights Ruling Could Imperil Northern Gateway Pipeline." The Globe and Mail. N.p., n.d. Web. 18 Mar. 2015.


"Tsilhqot'in Nation v. British Columbia 2014 SCC 44 – Case Summary." Mandell Pinder. N.p., n.d. Web. 18 Mar. 2015.


"Tsilhqot'in Ruling Brings Canada to the Table." The Globe and Mail. N.p., n.d. Web. 18 Mar. 2015.
Images

Proctor, Jason. "Court Affirms Tsilhqot'in Nation Hunting Rights, Not Title - British Columbia - CBC News." CBCnews. CBC/Radio Canada, 27 June 2012. Web. 18 Mar. 2015.

"Publication ." McMillan. N.p., n.d. Web. 17 Mar. 2015.

"News Archive." News Archive. N.p., n.d. Web. 18 Mar. 2015.

"Geologic Desires: Aesthetic Mineral Specimens." Geologic Desires: Aesthetic Mineral Specimens. N.p., n.d. Web. 18 Mar. 2015.
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