Comprehensive Claims
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Comprehensive Claims
Indigenous peoples in Canada demand to have their land rights and their Aboriginal titles respected by the Canadian government. These outstanding land claims are some of the main political issues facing Indigenous peoples today. The Government of Canada started recognizing Indigenous land claims in 1973. Federal policy divided the claims in two categories: comprehensive claims and specific claims. Comprehensive claims deal with Indigenous rights of Métis, First Nations and Inuit communities that did not sign treaties with the Government of Canada. Specific claims, on the other hand, are filed by First Nations communities over Canada's breach of the Numbered Treaties, the ''Indian Act'' or any other agreements between the Crown and First Nations. Although these land claims have often been problematic there has been a shift in terms of how the Canadian Government views these claims. This shift started in the early 1980's due to the ideology that these claims would be an effective ...
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Indigenous Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indians, Paleo-Indian Clovis culture, Clovis, Plano cultures, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and Scraper (archaeology), scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in ...
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Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' [1973] SCR 313, [1973] 4 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that Aboriginal land title in Canada, aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. In 1969, Frank Arthur Calder and the Nisga'a, Nisga'a Nation Tribal Council brought an action against the British Columbia government for a declaration that aboriginal title to certain lands in the province had never been lawfully extinguished. At trial and on appeal, the courts found that if there ever was aboriginal title in the land it was surely extinguished. The Supreme Court recognized that the Nisga'a had aboriginal title to the lands at the time when European settlers arrived. This was because the Nisga'a had been "organized in societies and occup[ied] the land as their forefathers had done for centuries" (Wilfred Judson, Justice Judson, writing for ...
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Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', 9973 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the ''Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test from ''R v Sparrow'' applies when Aboriginal title is infringed. The decision is also im ...
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Land Claim
A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims. Land claims is sometimes used as a term when referring to disputed territories like Western Sahara or to refer to the claims of displaced persons. In the colonial times of the United States American men could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: # claim without any action on the ground # claim with (movable) property of the claimant on the ground # claim with the claimant visiting the land # claim with claimant living on the land. Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still be bought for very low prices. Also, in certai ...
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Land Back
Land Back (or #LandBack) is a campaign by Indigenous people in the United States and in Canada that seeks to re-establish Indigenous sovereignty - notably, the political and economic control of lands in what is now the United States and Canada to the peoples who have historically occupied them prior to colonization. Description Land Back is a movement that aims to re-establish Indigenous political authority over territories Indigenous tribes and activist groups assert belong to them by treaty rights. Scholars from the Indigenous-run Yellowhead Institute at Toronto Metropolitan University describe Land Back as a process of "reclaiming Indigenous jurisdiction: breathing life into rights and responsibilities." In addition to the transfer of deeds, Land Back includes respecting Indigenous rights, preserving languages and traditions, and ensuring food sovereignty, housing, and clean air and water. Actions In 2016, artist Jaque Fragua was in the news when he painted graffiti re ...
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Band Government
In Canada, an Indian band or band (french: bande indienne, link=no), sometimes referred to as a First Nation band (french: bande de la Première Nation, link=no) or simply a First Nation, is the basic unit of government for those peoples subject to the ''Indian Act'' (i.e. status Indians or First Nations). Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council (french: conseil de bande) chaired by an elected chief, and sometimes also a hereditary chief. As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ...
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James Bay Project
The James Bay Project (french: projet de la Baie-James) refers to the construction of a series of hydroelectric power stations on the La Grande River in northwestern Quebec, Canada by state-owned utility Hydro-Québec, and the diversion of neighbouring rivers into the La Grande watershed. It is located between James Bay to the west and Labrador to the east, and its waters flow from the Laurentian Plateau of the Canadian Shield. The project covers an area the size of New York State and is one of the largest hydroelectric systems in the world. It has cost upwards of US$20 billion to build and has an installed generating capacity of 16,527 megawatts. If fully expanded to include all of the original planned dams, as well as the additional James Bay II projects, the system would generate a total of 27,000 MW, making it the largest hydroelectric system in the world. It has been built since 1974 by James Bay Energy () for Hydro-Québec. Located in a region inhabited by Cree and Inuit ...
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James Bay And Northern Quebec Agreement
The James Bay and Northern Quebec Agreement (french: Convention de la Baie-James et du Nord québécois) is an Aboriginal land claim settlement, approved in 1975 by the Cree and Inuit of northern Quebec, and later slightly modified in 1978 by the Northeastern Quebec Agreement (french: Accord du Nord-Est québécois), through which Quebec's Naskapi First Nation joined the agreement. The agreement covers economic development and property issues in northern Quebec, as well as establishing a number of cultural, social and governmental institutions for Indigenous people who are members of the communities involved in the agreement. History Before Canadian Confederation, the lands of northern Quebec had been a part of Rupert's Land – the territory administered by the Hudson's Bay Company as part of the charter it received from King Charles II in 1670. In 1870, Rupert's Land was ceded to Canada, and in 1895 the region between the then-province of Quebec and the Hudson Strait becam ...
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ISSN (identifier)
An International Standard Serial Number (ISSN) is an eight-digit serial number used to uniquely identify a serial publication, such as a magazine. The ISSN is especially helpful in distinguishing between serials with the same title. ISSNs are used in ordering, cataloging, interlibrary loans, and other practices in connection with serial literature. The ISSN system was first drafted as an International Organization for Standardization (ISO) international standard in 1971 and published as ISO 3297 in 1975. ISO subcommittee TC 46/SC 9 is responsible for maintaining the standard. When a serial with the same content is published in more than one media type, a different ISSN is assigned to each media type. For example, many serials are published both in print and electronic media. The ISSN system refers to these types as print ISSN (p-ISSN) and electronic ISSN (e-ISSN). Consequently, as defined in ISO 3297:2007, every serial in the ISSN system is also assigned a linking ISSN (ISS ...
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Doi (identifier)
A digital object identifier (DOI) is a persistent identifier or handle used to uniquely identify various objects, standardized by the International Organization for Standardization (ISO). DOIs are an implementation of the Handle System; they also fit within the URI system (Uniform Resource Identifier). They are widely used to identify academic, professional, and government information, such as journal articles, research reports, data sets, and official publications. DOIs have also been used to identify other types of information resources, such as commercial videos. A DOI aims to resolve to its target, the information object to which the DOI refers. This is achieved by binding the DOI to metadata about the object, such as a URL where the object is located. Thus, by being actionable and interoperable, a DOI differs from ISBNs or ISRCs which are identifiers only. The DOI system uses the indecs Content Model for representing metadata. The DOI for a document remains fixed over th ...
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