Comprehensive land claims deal with the unfinished business of treaty-making in Canada. These claims generally arise in areas of Canada where Aboriginal land rights have not been dealt with by treaty or through other legal means. In these areas, forward-looking agreements (also called “modern treaties”) are negotiated between the Aboriginal group, Canada and the province or territory.
These treaties are implemented through legislation and remain the most comprehensive way of addressing Aboriginal rights and title. Achieving more treaties remains a critical piece in achieving lasting certainty and true reconciliation. This includes certainty about the ownership, use and management of land and resources for all parties. Some treaties have also included provisions relating to Aboriginal self-government. The rights set out in the treaties receive constitutional protection.
Since 1973, Canada and its negotiation partners have signed 26 comprehensive land claims and four self-government agreements. Of the 26 signed agreements, 18 included provisions related to self-government.
These settlements have provided:
- Aboriginal ownership over 600,000 km² of land (almost the size of Manitoba)
- Capital transfers of over $3.2 billion
- Protection of traditional ways of life
- Access to resource development opportunities
- Participation in land and resources management decisions
- Certainty with respect to Aboriginal land rights in approximately 40 per cent of Canada’s land mass
- Associated self-government rights and political recognition