Specific Claims and Treaty Rights (Indigenous Peoples)

Bill C-15

katherine — Tue, 14 May 2024 19:30:29 +0000

Bill C-15 katherine Tue, 05/14/2024 - 16:30

Bill C-15

This is the official Bill C-15 An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which had its first reading on December 3, 2020, and received Royal Assent on June 21, 2021.

Citation

Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples. 2nd sess., 43rd Parliament, 2021. https://parl.ca/DocumentViewer/en/43-2/bill/C-15/royal-assent

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Federal Statute

Specific Claims Policy & Process Guide

katherine — Tue, 14 May 2024 19:29:03 +0000

Specific Claims Policy & Process Guide katherine Tue, 05/14/2024 - 16:29

Specific Claims Policy & Process Guide

This publication discusses the process of the specific claims policy, which began in 1982 and had amendments made in the early 1990's.
In 2007, Prime Minister Stephen Harper announced a plan called the Justice at Last: Specific Claims Action Plan, which included plans to accelerate specific claims for Indigenous peoples, to make the process fair, transparent, and faster (while not sacrificing quality), and to implement the Specific Claims Tribunal Act.
All of such additions were intended to help Indigenous peoples achieve justice in a more timely manner.
This page discusses further details of the Action Plan, the details of the specific claims policy, the process of specific claims, and more.

Citation

Canada. Crown-Indigenous Relations and Northern Affairs Canada. The Specific Claims Policy and Process Guide. 2021. https://www.rcaanc-cirnac.gc.ca/eng/1100100030501/1581288705629

Further Readings

For more information on Indigenous Peoples and Specific Claims: https://www.thecanadianencyclopedia.ca/en/article/specific-claims & https://www.sac-isc.gc.ca/DAM/dam-inter-hq/staging/texte-text/pmp_1100100030487_eng.pdf

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Memorandum

Federal Government's Response to the Marshall Decisions

katherine — Tue, 14 May 2024 19:27:34 +0000

Federal Government's Response to the Marshall Decisions katherine Tue, 05/14/2024 - 16:27

Federal Government's Response to the Marshall Decisions

Ever since the Marshall decision in 1999, the Canadian Government has fought to improve the ability for First Nations communities to achieve a moderate livelihood through hunting, gathering, and fishing.
The Department of Oceans and Fisheries has funded more than $550 million, some of which has gone into financially helping Indigenous people by incorporating them into commercial fisheries.
This publication includes examples of how Indigenous communities have benefitted by participating in commercial fisheries.
It also includes details of fishing agreements/initiatives made following the Marshall decision including the Marshall Response Initiative, the Atlantic Integrated Commercial Fisheries Initiative, and the Rights Reconciliation Agreements.

Citation

Canada. Fisheries and Oceans Canada. Our response to the Marshall decisions. 2021. https://www.dfo-mpo.gc.ca/publications/fisheries-peches/marshall-1999-eng.html

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Info Note

Federal Special Representative and the Right to Fish in Pursuit of a Moderate Livelihood

katherine — Tue, 14 May 2024 19:20:16 +0000

Federal Special Representative and the Right to Fish in Pursuit of a Moderate Livelihood katherine Tue, 05/14/2024 - 16:20

Federal Special Representative and the Right to Fish in Pursuit of a Moderate Livelihood

Following the 1999 Supreme Court Marshall decision based on the Peace and Friendship Treaties of 1760–1761, the courts affirmed the rights of Indigenous communities right to hunt, fish, and gather for a moderate livelihood.
However, the courts did not institute any mechanism to ensure the rights were upheld.
As a result, the Federal Minister of Fisheries and Oceans appointed a Chief Federal Representative to ensure Indigenous communities have the ability to exercise their rights.
Over the years, with investments and supports, Indigenous communities were able to better participate in the fishing industry, however, the lingering effects of the Marshall Decision has caused unrest between Indigenous peoples and other non-Indigenous fisherman.
This policy discusses the role of the Federal Special Representative in acting as a neutral third party in addressing the unrest, it contains the interim report, observations, new information that has come about, and more.

Citation

Canada. Fisheries and Oceans Canada. Federal Special Representative. Implementing the right to fish in pursuit of a moderate livelihood: Rebuilding trust and establishing a constructive path forward. 2021. https://www.dfo-mpo.gc.ca/fisheries-peches/aboriginal-autochtones/moderate-livelihood-subsistance-convenable/surette-report-rapport-mar-2021-eng.html

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Federal Report

The Marshall Decision(s)

katherine — Tue, 14 May 2024 19:18:08 +0000

The Marshall Decision(s) katherine Tue, 05/14/2024 - 16:18

The Marshall Decision(s)

This is the Department of Oceans and Fisheries' publication on the Marshall Decisions.
It discusses the initial impacts of the Marshall decisions for Mr. Donald Marshall, a Mi'kmaq member of the Membertou First Nation in Nova Scotia, and also addresses how the decision has affected 34 other Mi'kmaq and Maliseet First Nations in New Brunswick, P.E.I., Nova Scotia, and Quebec.
This page includes the documentation that supports how the Marshall Decision has impacted these areas.

Citation

Canada. Fisheries and Oceans Canada. The Marshall decisions. 2021. https://www.dfo-mpo.gc.ca/fisheries-peches/aboriginal-autochtones/moderate-livelihood-subsistance-convenable/marshall-overview-apercu-eng.html

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Department Report

Canada's Legislation Respecting the UN Declaration on the Rights of Indigenous Peoples

katherine — Tue, 14 May 2024 19:16:30 +0000

Canada's Legislation Respecting the UN Declaration on the Rights of Indigenous Peoples katherine Tue, 05/14/2024 - 16:16

Canada's Legislation Respecting the UN Declaration on the Rights of Indigenous Peoples

This is the Government of Canada's news release on their legislation that respects the United Nations Declaration on the Rights of Indigenous Peoples.
After rejecting the initial UN Declaration on the Rights of Indigenous Peoples in 2007, the Government of Canada endorsed the Declaration in 2016.
In 2020, Bill C-15 was proposed to show Canada's commitment to the effective implementation of the Declaration.
This release discusses the history of proposing this bill, the purpose of the bill, and what the bill would do if passed by Parliament.

Citation

Canada. Department of Justice Canada. Government of Canada introduces legislation respecting the United Nations Declaration on the Rights of Indigenous Peoples. [Ottawa, Ontario]: 2020. https://www.canada.ca/en/department-justice/news/2020/12/government-of-canada-introduces-legislation-respecting-the-united-nations-declaration-on-the-rights-of-indigenous-peoples.html

Further Readings

The UN Adoption of the resolution on "Rights of indigenous peoples": https://www.un.org/development/desa/indigenouspeoples/news/2020/12/ga75_ipresolution/

Information on Bill C-15: https://www.justice.gc.ca/eng/declaration/about-apropos.html

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Press Release

Specific Claims for First Nations Peoples

katherine — Tue, 14 May 2024 19:15:13 +0000

Specific Claims for First Nations Peoples katherine Tue, 05/14/2024 - 16:15

Specific Claims for First Nations Peoples

This publication discusses how the federal government is addressing specific claims with regards to wrong doings against First Nations peoples.
This publication outlines the various reports that have been created on the subject, an explanation of specific claims, the settled and unsettled claims, how claims are filed, information about the Specific Claims Tribunal Act, and more.

Citation

Canada. Crown-Indigenous Relations and Northern Affairs Canada. Specific Claims. 2020. https://www.rcaanc-cirnac.gc.ca/eng/1100100030291/1539617582343

Further Readings

For more information on the status of specific claims: https://services.aadnc-aandc.gc.ca/SCBRI_E/Main/ReportingCentre/External/externalreporting.aspx

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Department Report

The Oka Crisis

katherine — Tue, 14 May 2024 19:13:39 +0000

The Oka Crisis katherine Tue, 05/14/2024 - 16:13

The Oka Crisis

This is the Canadian government's publication on the Oka Crisis, 30 years after the crisis.
This statement, which was made by the Minister of Crown-Indigenous Relations, the Minister of Indigenous Services, and the Minister of Northern Affairs to remember the horrible events that took place.
In short, the Oka Crisis was a standoff between the Mohawk protestors, Quebec police, the Royal Canadian Mounted Police, and the Canadian Army that lasted 78 days and was sparked by the proposal of development on the heavily contested Kanesatake Lands.
This was a very violent crisis and was the result of centuries of unresolved land disputes and abuse of power by the Canadian government.

Citation

Canada. Crown-Indigenous Relations and Northern Affairs Canada. 30th Anniversary of the Oka Crisis. [Ottawa, Ontario], 2020. https://www.canada.ca/en/crown-indigenous-relations-northern-affairs/news/2020/07/30th-anniversary-of-the-oka-crisis.html

Further Readings

For more information on the Oka Crisis: https://hir.harvard.edu/bloody-blockades-the-legacy-of-the-oka-crisis/
& https://www.thecanadianencyclopedia.ca/en/article/oka-crisis#:~:text=The%20Oka%20Crisis%2C%20also%20known,the%20north%20shore%20of%20Montreal

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Policy Pronouncement

Fisheries & Oceans' Reconciliation Strategy

katherine — Tue, 14 May 2024 19:12:31 +0000

Fisheries & Oceans' Reconciliation Strategy katherine Tue, 05/14/2024 - 16:12

Fisheries & Oceans' Reconciliation Strategy

This is the Department of Oceans and Fisheries 2019 Reconciliation Strategy.
It recognizes the importance of fisheries, oceans, aquatic habitats, and marine waterways for Indigenous peoples for social, cultural, spiritual, and economic reasons.
This publication contains their vision, action areas, principles, and how they intend on measuring results.

Citation

Canada. Fisheries and Oceans Canada. Reconciliation strategy. 2019. https://www.dfo-mpo.gc.ca/fisheries-peches/aboriginal-autochtones/reconciliation-eng.html

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Department Report

Government of Canada and the Duty to Consult

katherine — Tue, 14 May 2024 19:11:17 +0000

Government of Canada and the Duty to Consult katherine Tue, 05/14/2024 - 16:11

Government of Canada and the Duty to Consult

This policy discusses the Canadian government's responsibility to consult with Indigenous groups prior to making a decision that will impede the potential or established treaty rights of Indigenous peoples.
This page includes five examples where this duty was put to the test, the official duties of federal officials, the guidelines and protocols for consultation, and the Memoranda of Understanding between provincial/territorial/federal governments.

Citation

Canada. Crown-Indigenous Relations and Northern Affairs Canada. Government of Canada and the duty to consult. 2019. https://www.rcaanc-cirnac.gc.ca/eng/1331832510888/1609421255810#sec4

Policy Sub-Topic

Specific Claims and Treaty Rights (Indigenous Peoples)

Policy Type

Memorandum