Aboriginal Land Rights Essay

Introduction
Canada, a country that prides itself on equality and upholding human rights, has failed to fulfill its treaty obligation to Aboriginal people. The right to land and the right to self-determination are considered to be the two most significant Aboriginal rights of the First Nations, Metis, and Inuit in Canada. The right to land involves indigenous people right to have sovereignty over their land through ownership. Self-determination is an inherent right that people have to make their own decisions regarding their lifestyle, culture, and political independence. The objective of this research paper is to investigate the issue of Aboriginal land claims and Indigenous peoples’ right to self-government. Aboriginal people in Canada consider land to be part of their Aboriginal identity for the reason being that their culture is grounded in nature. Their culture is based on the strong spiritual connection to Mother Earth and they treat their environment with the utmost respect.
According to Assembly of First Nations, “Indigenous peoples are caretakers of Mother Earth” because she “guided

indigenous peoples to practice reverence, humility and reciprocity.” The right to land is closely linked to the right to identity and the right to self-determination, which in turn leads to the right of self-government. Indigenous people were labelled as “savages” and were considered incapable of governing their own state and were viewed as being “barbarians” and “uncivilized” by Europeans. Consequently, indigenous people were not able to gain ownership title over their land under international law.
Indigenous peoples’ right to land is protected by section 35 of the Constitution Act, 1982. Section 35 of the Charter explicitly provides that “the existing aboriginal and treaty rights of the aboriginal people of Canada are hereby recognized and affirmed.” Section 37 is relevant to this paper because it affirms that the government has a legal obligation to consult and accommodate with Aboriginal groups when it involves activities that interfere with their treaty rights. Part of the problem concerning Aboriginal title is the lack of discourse that exists between the government and Indigenous people. It is important to examine the issue that surrounds Aboriginal rights and land claims because it is the responsibility of all members of society to uphold the rule of law and protect the rights of everyone. Moreover, it is important to recognize Indigenous peoples’ right to self-determination and self-governance because it involves the state’s obligation to protect the rights of all its people. The analysis provided in this paper will illustrate how there is a gap in the literature regarding the state’s understanding on the issue of Aboriginal title and how they have yet to address the issue successfully. This paper will seek to provide why the Canadian government is not capable of responding to this issue.
The implementation of the Native Title is an appropriate and significant aspect of Canada’s law because it effectively strives to develop a fair outcome for all Canadian citizens. The objective of the Europeans was to take complete control over the land by depriving Indigenous peoples’ right to self-determination and land. Accordingly, the research question that will be examined in this paper is: whether the British Crown has infringed the land rights of Indigenous people in the process of acquiring sovereignty over their territories, and whether the current justice system and the government allow their claims to be heard fairly and promptly. The two research questions posed in this paper has important implications for the current disputes involving Aboriginal land claims in Canada.
In response to the research question, this paper will advance the argument that Aboriginal peoples’ right to claim their land has been infringed by the Canadian government because they have made it close to impossible to prove their ties as a result of assimilation.

Aboriginal people who have undergone years of assimilation cannot adequately present their case for Aboriginal title in the courts since they have lost their language and heritage. This paper will also make the argument that the current federal and provincial policies are not capable of resolving land claims in a timely manner. Moreover, the Canadian government has a legal obligation to consult and accommodate with Aboriginal groups when it involves activities that interfere with their treaty rights. To substantiate these main arguments, literature around Aboriginal rights and title in Canada will be

reviewed.
In order to exemplify the thesis, this paper will use the Post-Colonialism theoretical perspective to demonstrate the effect colonialism has had Indigenous people. Specifically, the Truth and Reconciliation Commission on residential schools, the criminal justice reform system, land claims, and sovereignty will be examined. First, a brief historical overview of the issue and how the British Crown acquired title to its Canadians territories will be provided. The post-colonialism theoretical framework will be used to examine the lasting impact of colonization on Aboriginal People. Secondly, the issues of some of the impediments to justice that result in dispute will be examined along with previous landmark court cases that have dealt with the right of land claims and self-determination. The paper will provide an overview of the types of outstanding Aboriginal land claims in Ontario. The third section examines the definitions of the nature and legal scope of Aboriginal rights and title, and discuss the distinct roles and responsibilities of the federal governments in relation to land claims. In addition, this paper will address how the rule of law was not present in Canada and failed to ensure that every citizen had equal opportunity and basic human rights. Finally, the importance of understanding the issue of Aboriginal title will be examined in the broader context that it allows us to learn the negative consequences of depriving people of basic human rights.