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Comprehensive Land Claims Policy 1973

Category: Policy/Strategy
Sub Category:Policy/Strategy
Location:Canada
Alternative Names:
  • Comprehensive Claims Policy
  • Subject Matter:Self Government | Land Settlement
    Summary Information:
    In 1973, the Canadian federal government established a federal policy for the negotiation and settlement of Aboriginal land claims. This occurred largely in response to the Supreme Court of Canada's decision in Calder v Attorney-General of British Columbia which recognised land rights based on Aboriginal title. The policy divides claims into the two broad categories of comprehensive and specific claims. Comprehensive claims are based on the assertion of continuing title to land and resources. The federal Comprehensive Claims Policy was set out in 1981 in a publication entitled In All Fairness. This outlined the aims of the policy which generally sought to exchange claims to undefined Aboriginal rights for a package of clearly defined rights and benefits set out in a settlement agreement. Section 35 of the Constitution Act, 1982 also recognised that Aboriginal treaty rights presently exist or may be acquired via land claim agreements. Amendments were made to the Comprehensive Land Claims Policy in 1986 subsequent to the issue of the Coolican Report produced as a result of extensive consultation with Aboriginal and other groups. The 1986 reforms provided for greater flexibility in land tenure, and better definition of subjects for negotiation.

    The federal government has subsequently introduced the Inherent Right Policy 1995, whereby self-government arrangements may be negotiated as a part of comprehensive claims agreements. In 1998, the Canadian Government published Gathering Strength wherein it affirmed that treaties will continue to be the basis for the ongoing relationship between Aboriginal people and the Crown.

    Related Entries

    Agreement
  • Anishnaabe Government Agreement
  • Organisation
  • Government of Canada
  • Event
  • Coolican Report 1986
  • Legislation
  • Canadian Charter of Rights and Freedoms 1982
  • Specific Claims Resolution Act (2003, c.23)
  • Case Law
  • Calder v Attorney-General of British Columbia (1973)
  • Policy/Strategy
  • Inherent Right of Self-Government Policy 1995
  • Community-Based Self-Government Policy 1990
  • Specific Claims Policy 1973
  • Gathering Strength: Canada's Aboriginal Action Plan 1998
  • In All Fairness: A Native Claims Policy 1981
  • Outstanding Business: A Native Claims Policy 1982

  • References

    Case Law
    (1973) Calder v Attorney-General of British Columbia (1973) 34 DLR (3d) 145
    Media Release
    Indian and Northern Affairs Canada (2000) A New Beginning for a New Millenium at Nisga'a Nation
    Resource
    Indian and Northern Affairs Canada (2003) Comprehensive Claims Policy and Status of Claims
    Indian and Northern Affairs Canada (1996) Comprehensive Claims (Modern Treaties) in Canada
    Indian and Northern Affairs Canada (1995) Federal Policy Guide: Aboriginal Self-Government
    Government of Canada - Department of Justice (1982) Canadian Charter of Rights and Freedoms
    Indian and Northern Affairs Canada (2004) Chronology of Events Leading to the Final Agreement with the Nisga'a Tribal Council
    Hamer Foster (2000) Why is there a Treaty Process in B.C.?
    Indian and Northern Affairs Canada (2004) Specific Claims Branch
    Canadian Arctic Resources Committee (1987) From Recommendations to Policy: Battling Inertia to Obtain a Land Claims Policy
    Indian and Northern Affairs Canada (1998) Gathering Strength: Canada's Aboriginal Action Plan
    Indian and Northern Affairs Canada (2003) Backgrounder: Canadian Centre for the Independent Resolution of First Nations Specific Claims
    Indian and Northern Affairs Canada (2003) Overview
    Department of Justice Canada (2003) Specific Claims Resolution Act [Not in force] (2003, c. 23 )

    Glossary

    Policy/Strategy | Indian Claims Commission (Canada)

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