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The Nunavut Land Claims Agreement
The Nunavut Land Claims Agreement (or “Agreement”) represents the
largest land claims settlement in Canada. The Agreement includes two
primary elements: (1) the extinguishing of aboriginal title and (2) a
compensation package for the Inuit.
Extinguishing of Aboriginal Title
Under the Agreement, the Inuit surrendered their aboriginal title to
lands and waters anywhere in Canada. “Aboriginal title” refers to the
right of aboriginal people to occupy, use, and enjoy their land and
all of its natural resources. This title originates in aboriginal
ancestral nationhood and their possession of what is now Canada prior
to European contact. It finds support in Canadian law through the
existence of a variety of legal documents and constitutional
structures.
The government and courts have never questioned Crown ownership of
land in Canada. However, where aboriginal title exists, Crown control
of the land is limited. For example, the courts have issued
injunctions to halt commercial development in places where aboriginal
people have interest in the land.
Before 1982, Canadian law provided for the regulation and
extinguishing of aboriginal title through unilateral legislation.
However, in 1982, aboriginal title was constitutionally recognized and
protected under section 35(1) of the Constitution Act of 1982. With
this constitutional recognition, any governmental interference of
aboriginal title was open to judicial scrutiny and prohibition.
Furthermore, aboriginal title could only be surrendered to the federal
Crown and could only occur with the consent of the relevant aboriginal
communities. Finally, any surrender of aboriginal title must involve
some form of compensation to the aboriginal people.
Compensation Package
In exchange for surrendering their aboriginal rights, the Inuit
receive several economic and land title benefits, as well as some
self-government powers.
- Economic Benefits
- A cash settlement totaling $1.148 billion over 14 years
- A $13 million Training Trust Fund to aid in the training of the Inuit for approximately 600 new government jobs in Nunavut
- A share of federal government royalties from oil, gas, and mineral development on government lands
- Procurement preference policies that ensure the increased participation of Inuit firms in federal and territorial government contracts awarded for Nunavut –destined projects
- Land Title Benefits
- Legal title to 350,000 square kilometers of land in Nunavut, of which 35,200 square include mineral rights
- The right to harvest wildlife on government lands and waters in Nunavut
- The creation of three new national parks in Nunavut
- Self-government Powers
- The establishment of the Nunavut Territory
- Proportionate representation in the public service of Nunavut
- Equal representation on several territorial management boards, including the Nunavut Wildlife Management Board, Nunavut Planning Commission, Nunavut Impact Review Board, the Nunavut Water Board, the Nunavut Surface Rights Tribunal
- The right of first refusal on sport and commercial development of renewable resources in Nunavut
- Advanced negotiation of Inuit Impact and Benefits Agreements (IIBAs) on major development projects that could have a detrimental impact or provide benefits to Inuit
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