Aboriginal Right To Land

The right to land and the right to self-determination are considered to be the two most significant Aboriginal rights of the First Nation (Boldt, 1985, p.14). The objective of this research paper is to investigate and examine the issue of Aboriginal land claims and Indigenous people’s right to self-government. Themes such as ethnic discrimination, racism, inequality, self-determination and the rule of law will be explored in this paper. Aboriginal people in Canada consider land to be part of their Aboriginal identity for the reason being that their culture is grounded in nature. The right to land is closely linked with the right to identity and the right to self-determination, which in turn leads to the right of self-government. Indigenous

people’s right to land embedded are protected by s. 35 of the Constitution Act, 1982 (Behrendt, 2011, p, 811). 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.
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 European was to take complete control over the land by depriving Indigenous people’s right to self-determination and land. Accordingly, the research question that will be examined in this paper is whether land rights that were originally held by Canada’s Indigenous people have been snatched by the British Crown in the process of acquiring sovereignty over their territories, and whether the current justice system allows their claims to be heard fairly and in a timely manner.
This research question has important implications for current disputes involving Aboriginal land claims in Canada.

It is important to recognize Indigenous people’s right to self-determination and self-governance because it involves the state’s obligation to protect the rights of all its people. The government has a legal obligation to consult with Aboriginal groups when it involves activities that interfere with their treaty rights. Academic critics of Aboriginal rights and Indigenous self-government, such as Tom Flanageans, have argued that Europeans used individual title to property as a method to “dismantle indigenous communities” by separating the land from collective ownership to individual property (Coates, 2008, p.12). The depth of concern on these issues should not be underestimated since it involves fundamental concepts of fairness and equality within the justice

system.
In response to the research question, I will argue 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. I will also make the argument that the current federal and provincial policies are not capable of resolving of land claims in a timely manner. In order to substantiate the main argument, literature around Aboriginal rights and title in Canada will be reviewed. In support of the overall purpose, the paper’s organization is framed around examining what is understood by self-government and self-determination.
In order to exemplify the thesis, 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 on the issue will be provided. In this section, an outline of how the British Crown acquired title to its Canadians territories will be provided. Secondly, the issues of some of the impediments to justice that result in dispute will be examined along with previous court cases that have dealt with the right of land claims and self-determination. The third section examines the definitions of the nature and legal scope of Aboriginal rights and title. 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 boarder context that it allows us to learn the negative consequences of depriving people of basic human rights (Saul,

2009).