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Native Land Claim

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Luke Roger

on 30 April 2011

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Transcript of Native Land Claim

WHY did the government back then claim what didn't belong to them? -With the arrival of 25,000 miners during 1858 for the Fraser river gold rush, and the increasing number of immigrants, the government encountered difficulties in settling all of the newcomers.
-Because of the sudden increase in population, space for settlement became a problem. It was in the interest of the government to expand the settlements to house the growing population. How did the government manage to obtain land? -The government purposely issued land policies and acts to remove the natives from their territories and enclose them into reserves. Out of the 2323 reserves in Canada, 1634 reserves are located in BC.
-The policies also gave the government an excuse to expunge their political powers. The Indian Act, for example, banned First Nations to take actions on aboriginal land ownership issues.
-The Indian Act also banned the potlatch ceremonies. Potlachs are festivals practiced by the Natives. TOPIC: Indian Land Claims in B.C THESIS: In spite of the unfair distribution of land by the government, the meager amount of political power, and the perennial pressure from the government, British Columbia's indigenous aboriginals have been successful in the process of reclaiming their land. Definition of a Land Claim: A formal submission to the federal and/or provincial government from an Aboriginal community that states that the Crown has not lived up to its obligations with respect to Aboriginal or treaty rights involving land. Time TO Take Some Actions? -In 1900s, the Aboriginals began to press the government for the recognition of Aboriginal
rights and titles as white settlement expanded.
-When they realized that the government refused to resolve land claim issues by means of treaties, they brought the claims to the court.
-Annoyed by the persistent Natives, the government revised the Indian Act to remove land claim rights . 1st Point -In spite of the obstacles they faced,
their determination to claim their titles didn't falter. Leaders
have been active throughout this time, protesting, and petitioning for the recognition of their land title.
-1951, the government repealed the claim prohibition
because they thought that the natives have given up, but
they were wrong. The 1993 Delgamuukw case

-It was a claim filed by the Gitskan
and Wet'suwet tribe.
-The Delgamuukw case recognized Aboriginal title, meaning
that the natives had ownership over the land and resource.
-Their determination led to the ruling that required Federal
and Provinical government to respond POSITIVELY, even if
rejection is obvious, to future claims. 2nd POINT Benefited economically and culturally -Total area of land proposed by land claims total up to 700,000km2. BC's total area is only 950,000km2. -EXAMPLE : The Nisga'a land agreement claimed more then 2000 km2 of land. The
Nisga'a tribe gained more then 1900 km2 of land, special mineral rights, commercial
fishing rights, and etc. The Nisga'a also recieved over 200,000 million dollars in money
compensation. They also gained control over some Crown Land that are worth up to $100
million dollars.
-They also managed to have the government to include a $40 million dollar budget in rebuilding
highways in the territory
-In addition, they recieved a Forest Renewal Fund that assisted them in improvingthe Nisga'a
forests. Therefore, the Nisga'a also thrived in the forestry business. Treaty negotiation among Native nations
will provide many opportunities to gain land and economic
assets. Modern Cultural Benefits The government

-Annouced a $1.2 million Language and Culture
plan
-Provided $250,000 to fund the preservation of Native languages
-Provided $3.5 Million to support the 2008 North American Indigenous
games
-Launched Canada's first Aboriginal Sport Gallery 3rd POINT Native land claims are actually validated by the white man's law. -The Proclamation of 1763 recognizes native title and rights to land.
-Promised any regions essential to the Native's life style would not be disturbed

-The Constitutional Act of 1982 recognizes aboriginal right to the land and the right to enforce treaties and claims. In conclusion, protests and petitions regarding matters of land title are NOT illegal. The natives have legally dealt with this matter for over 100 years.
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