Addressing Aboriginal Land Rights in Ontario: An Analysis of Past Policies and Options for the Future - Part 1
Queen's Law Journal, Vol. 31, pp. 75-120, 2005
46 Pages Posted: 15 Feb 2009
Date Written: July 11, 2005
This paper, the first of a two-part analysis, reviews the history and legal basis of contemporary aboriginal land claims in Ontario. Placing those claims in the context of historical treaty-making between the Crown and First Nations, it reviews the historical treatment of aboriginal land rights in Canadian law and past systemic barriers to their resolution. The paper draws on previously unpublished data about the number and status of outstanding land claims within the provincial claims negotiation process to indicate the impracticability of relying on the Canadian courts to resolve the rising backlog of aboriginal claims.
Part Two of the paper (published separately in the Queen's Law Journal) assesses the adequacy of existing federal and provincial processes for addressing aboriginal claims in Ontario, and proposes alternative approaches for addressing such claims more effectively.
Keywords: aboriginal land claims, indigenous rights, aboriginal claims policies, Canada, treaty claims, treaty rights
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