Lecture 9- January 24th

Lecture 9- January 24th - Earth's Atmosphere First Nations...

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Earth’s Atmosphere First Nations The federal gov’t is directly responsible for everything that happens on a reserve (whichever province it is in) The environmental management that happens on reserves is federal gov’t responsibility o The same issue may be governed by the province- this is where the problem stems Royal Proclamation, 1763 The first problem is we are dealing with problems in 2012 but we are referring back to the Royal Proclamation in 1763 o Important features (1) identified aboriginal title: means not so much of owning land as being able to using it – First Nation hold through use and occupancy (2) Only nations sign treaties not provinces if you wanted to take land from the First Nations only the British Crown could acquire lands from First Nations, not the provinces and only by treaty (3) There were specific treaties that worked out Early Treaties ~1850 o Often treaties were a negotiation o Exchanged for annual cash payments or reserve of land and lump sum- First Nations surrendered their lands (meaning they don’t own them anymore) but they retained right to fish and hunt over all unoccupied Crown lands o This is tricky because all aboriginal groups didn’t consider land owned which becomes a problem because if you don’t own something you cant sell it and its impossible for you to imagine that somebody else owns it The federal gov’t views this as a legal document o Treaties terminated aboriginal title to the land First nations view varies with the group o Still debated o Some groups argue that property was and is a foreign concept
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Lecture 9- January 24th - Earth's Atmosphere First Nations...

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