Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor
The proposal to create a Northern Corridor that would allow for cross-country, multi-modal infrastructure development is an ambitious vision (Sulzenko and Fellows 2016; Standing Senate Committee 2017). This proposed infrastructure corridor would incorporate multiple uses, from pipelines to railways,...
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ftdoajarticles:oai:doaj.org/article:13a5a34a3c0e40d882d2148d80862227 2023-06-11T04:09:53+02:00 Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor Cherie Metcalf 2023-03-01T00:00:00Z https://doaj.org/article/13a5a34a3c0e40d882d2148d80862227 EN eng University of Calgary https://www.policyschool.ca/wp-content/uploads/2023/03/NC45-IndigenousLandOwnership.Metcalf.pdf https://doaj.org/toc/2560-8312 https://doaj.org/toc/2560-8320 2560-8312 2560-8320 https://doaj.org/article/13a5a34a3c0e40d882d2148d80862227 The School of Public Policy Publications, Vol 16, Iss 7 (2023) Political institutions and public administration (General) JF20-2112 article 2023 ftdoajarticles 2023-05-28T00:32:39Z The proposal to create a Northern Corridor that would allow for cross-country, multi-modal infrastructure development is an ambitious vision (Sulzenko and Fellows 2016; Standing Senate Committee 2017). This proposed infrastructure corridor would incorporate multiple uses, from pipelines to railways, roads, telecommunications, electricity infrastructure and more. Its geographic scale stretches continuously from coastal B.C. across Canada to the Atlantic coast, with spurs running northward to the Arctic Ocean through the Northwest Territories, Nunavut and via Manitoba to Hudson’s Bay. A critical foundation for its successful development will be the ability to appreciate and incorporate the rights of Indigenous peoples affected by the project (Wright 2020; Newman 2022). The goal of this research paper is to outline the law of Indigenous peoples’ land ownership rights, including proven and asserted title, Crown-Indigenous treaty relations and obligations and Indigenous land claims agreements, and to consider the implications for a large-scale infrastructure project like the Northern Corridor.1 The focus is on the legal and regulatory aspects of Indigenous peoples’ land rights within the non-Indigenous Canadian legal system.2 The research paper uses standard legal methods to assess the land ownership rights of Indigenous peoples, drawing on relevant constitutional and statutory provisions, leading cases and secondary literature. The paper proceeds with a brief overview of these distinct types of Indigenous land rights, then provides a more detailed account of the legal content of s. 35 constitutional Aboriginal title, historic and modern treaty rights. This includes discussion of government’s legal duty of consultation and accommodation, and the requirements for constitutionally justified limitation of these rights. Indigenous land ownership rights in reserve lands are also discussed. A series of case studies more fully illustrates the implications of these varied Indigenous land rights for a project like the ... Article in Journal/Newspaper Arctic Arctic Ocean Northwest Territories Nunavut Directory of Open Access Journals: DOAJ Articles Arctic Arctic Ocean Canada Northwest Territories Nunavut |
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English |
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Political institutions and public administration (General) JF20-2112 |
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Political institutions and public administration (General) JF20-2112 Cherie Metcalf Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
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Political institutions and public administration (General) JF20-2112 |
description |
The proposal to create a Northern Corridor that would allow for cross-country, multi-modal infrastructure development is an ambitious vision (Sulzenko and Fellows 2016; Standing Senate Committee 2017). This proposed infrastructure corridor would incorporate multiple uses, from pipelines to railways, roads, telecommunications, electricity infrastructure and more. Its geographic scale stretches continuously from coastal B.C. across Canada to the Atlantic coast, with spurs running northward to the Arctic Ocean through the Northwest Territories, Nunavut and via Manitoba to Hudson’s Bay. A critical foundation for its successful development will be the ability to appreciate and incorporate the rights of Indigenous peoples affected by the project (Wright 2020; Newman 2022). The goal of this research paper is to outline the law of Indigenous peoples’ land ownership rights, including proven and asserted title, Crown-Indigenous treaty relations and obligations and Indigenous land claims agreements, and to consider the implications for a large-scale infrastructure project like the Northern Corridor.1 The focus is on the legal and regulatory aspects of Indigenous peoples’ land rights within the non-Indigenous Canadian legal system.2 The research paper uses standard legal methods to assess the land ownership rights of Indigenous peoples, drawing on relevant constitutional and statutory provisions, leading cases and secondary literature. The paper proceeds with a brief overview of these distinct types of Indigenous land rights, then provides a more detailed account of the legal content of s. 35 constitutional Aboriginal title, historic and modern treaty rights. This includes discussion of government’s legal duty of consultation and accommodation, and the requirements for constitutionally justified limitation of these rights. Indigenous land ownership rights in reserve lands are also discussed. A series of case studies more fully illustrates the implications of these varied Indigenous land rights for a project like the ... |
format |
Article in Journal/Newspaper |
author |
Cherie Metcalf |
author_facet |
Cherie Metcalf |
author_sort |
Cherie Metcalf |
title |
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
title_short |
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
title_full |
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
title_fullStr |
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
title_full_unstemmed |
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor |
title_sort |
indigenous land ownership and title in canada: implications for a northern corridor |
publisher |
University of Calgary |
publishDate |
2023 |
url |
https://doaj.org/article/13a5a34a3c0e40d882d2148d80862227 |
geographic |
Arctic Arctic Ocean Canada Northwest Territories Nunavut |
geographic_facet |
Arctic Arctic Ocean Canada Northwest Territories Nunavut |
genre |
Arctic Arctic Ocean Northwest Territories Nunavut |
genre_facet |
Arctic Arctic Ocean Northwest Territories Nunavut |
op_source |
The School of Public Policy Publications, Vol 16, Iss 7 (2023) |
op_relation |
https://www.policyschool.ca/wp-content/uploads/2023/03/NC45-IndigenousLandOwnership.Metcalf.pdf https://doaj.org/toc/2560-8312 https://doaj.org/toc/2560-8320 2560-8312 2560-8320 https://doaj.org/article/13a5a34a3c0e40d882d2148d80862227 |
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1768383907286220800 |