We call upon the Government of Canada, provincial and territorial governments, and the courts to adopt the following legal principles:
- Aboriginal title claims are accepted once the Aboriginal claimant has established occupation over a particular territory at a particular point in time.
- Once Aboriginal title has been established, the burden of proving any limitation on any rights arising from the existence of that title shifts to the party asserting such a limitation.
Why “Not Started”?
The federal, provincial and territory governments continue to ignore and override Aboriginal title as evidenced by the increasing number of court cases across the country initiated by First Nations, Métis and Inuit.
“The Directive of Civil Litigation Involving Indigenous Peoples” released on Jan. 11, 2019 provides guidance on the Government of Canada’s litigation strategy but does not directly address the issues in Call to Action 52 i-ii specific to Aboriginal title. Very little movement by the provinces and territories in advancing this C2A..
Current Status
Not Started
Call to Action
last updated
February 01, 2019
Latest Updates
Canada’s Prove-it Approach to Aboriginal Title
Constitutional recognition of Aboriginal title
“To uphold the rule of law, the constitutional recognition of Aboriginal title and governance must be meaningfully applied in Crown decision-making”. Policy Options Politique. Eugene……
February 1, 2019
Directive on Civil Litigation
Directive on Civil Litigation
This Directive promotes our Government’s commitment to reconciliation by establishing guidelines that every litigator must follow in the approaches, positions, and decisions taken on behalf……
January 11, 2019
Top 10 Uncertainties of Aborig. Title after Tsilhqot’in
The Top Ten Uncertainties of Aboriginal Title after Tsilhqot’in
Fraser Institute – Dwight Newman, 2017 In 2014, the Supreme Court of Canada rendered a historic decision on Aboriginal title in the Tsilhqot’in Nation case. For the……
October 5, 2017