First Nations and Indigenous Title.
Canada has recently ratified the United Nations Declaration on Indigenous Rights. (UNDRIP)
There are many thoughts on the words "Indigenous Title" One coming from the colonial side and more on the indigenous side.
Colonial side
Colonial side (Crown) side holds that the Canadian government has the ultimate title. They first convinced the natives that you can own land like you can own a dog. Much like Nestle now trying to convince the world that you can own water.
Indigenous side
Indigenous people hold that land can not be owned but only occupied till you die. The actual land and all the resources are held by the creator.
These to conflicting sides have probably become the greatest misunderstandings of all time.
The Crown after convincing a small segment of the people on the land that you can own the land then asked to treaty with the indigenous people on that land. To which our good ancestors agreed. Farm reserves would be carved out and the new settlers could come and break open this new land and cultivate on the reserves as the natives continued their life outside of any reserves.
A good friend one time explained it to me like this. "If I offer for you to use my garage to use as you see fit. A few years go by and you take over more and more of the usage of my house. And then one day you decide to start charging me rent for the usage of my house. You spout off that you occupy the most of the house and that God has ordained you to take care the house.
I protest and say that not fair, "I worked for this house and its mine.". You pay no mind to my protest but hire a police force to beat me up every-time I come to the house looking for a place to get out of the cold.
Though that story seems bizarre it is not far from the truth. Indian bands were removed from the lands and put onto the farm reserves and renamed indian reserves.
This brings us to today. Canada ratified the UNDRIP and in further attempts to divide and conquer the people is negotiating with the people of the land to come to the table and negotiate. (CANADA has nothing to bring to the table)
Currently Canada has no land and even the land that the Parliament Buildings sits on is rented from the city of Ottawa.
By Canada's own admission in the Interpretation act Canada does not claim the land!
"Canada, for greater certainty, includes the internal waters of Canada and the territorial sea of Canada; (Canada)
Canadian waters includes the territorial sea of Canada and the internal waters of Canada; (eaux canadiennes)"
No where is the land mentioned anywhere. Canada has no actual title to the land and maintains its claim simply by the force of the R.C.M.P. which is only an occupational force.
Indigenous Title according to the Colonial government is "Aboriginal land claims can involve both the right to the use of lands (e.g. right to hunt and trap) and/or an Aboriginal title to the land. In 1997, the Supreme Court of Canada ruled in the Delgamuukw case that Aboriginal title is a property right to the land itself - not just the right to hunt, fish and gather. Aboriginal title is a communal right; an individual cannot hold Aboriginal title.".
The question that I have are these.
1. A nation that is not in treaty with Canada have title?
2. To gain this title does a lengthy court battle have to ensue?
3. Does the costs incurred have to be be in Canadian dollars?
4. If a man builds a house on the creators land can anyone compel him to leave?
Join me!