BRIEFING NOTE TO: CC: FROM: DATE: RE: Issue: On January 11, 2013, an AFN-PM Meeting was held

in Ottawa as a follow-up meeting to the Crown-First Nations Gathering of January 24, 2012. During the January 11th meeting AFN-NC Atleo presented an 8 point position to the PM who declined to act on most of the points, except the PM agreed to a high level process for 1) Treaty Implementation and 2) Comprehensive Claims. The federal Self-Government policy wasnt included in AFNs 8 point position even though the federal Self-Government Policy also affects Aboriginal Rights. The Chiefs-in-Assembly through several resolutions have mandated the AFN Comprehensive Claims Policy Reform Working Group (CCPRWG) to seek changes to the federal Comprehensive Claims Policy. The AFN CCPRWG Chair is AFN-BC Regional Vice-Chief Jody Wilson-Raybould, who was a Commissioner and A/Chair of the British Columbia Treaty Commission and whose home community is at a negotiation table under the BCTC Comprehensive Claims process. Now that the Algonquin First Nations of Wolf Lake,Timiskaming (and Eagle Village) have publicly issued a Statement on Asserted Aboriginal Rights and Title and as Chiefs of First Nations who are Aboriginal Title holders, it is in the best interests of your First Nations to actively participate in the AFN-PM high level process to ensure your First Nations Title, Rights and interests arent prejudiced by the AFN-PM Comprehensive Claims Process. The outcome of this AFN-PM process will definitely affect your First Nations and other Indigenous Nations, perhaps permanently. ANS Council of Chiefs & Grand Chief Indigenous Nations Not Negotiating Russell Diabo, Policy Advisor February 11, 2013 Aboriginal Title/Rights vs. Federal Comprehensive Claims Policy

Background: As of December 11, 1997, the legal landscape of Canada was remarkably changed by a surprising decision of the Supreme Court of Canada when it recognized Aboriginal Title as a right to the land itself. The Delgamuukw decision, written primarily by Chief Justice Antonio Lamer, now provides First Nations from unceded Aboriginal Title territories with a strong legal foundation and consequently, an historic opportunity, to attain the justice that our ancestors have been struggling for centuries to achieve. The 2004 Supreme Court of Canada Haida decision also changed the legal landscape by establishing the legal principles around the Crowns Duty to Consult and Accommodate Aboriginal Rights and Title on an interim basis until the matter is resolved in a more permanent manner through Agreement, Treaty or litigation. An important case on Aboriginal Title in Canada was handed down in June 2012, the William case involves the Tsilhqotin Nation in B.C. where the B.C. Court of Appeals held that the Tsilhqotin Nation had Aboriginal rights to hunt, fish, trap and trade but the Judges held the Tsilhqotin Nation could not claim a large territory, only specific intensively used sites. The William case was granted leave to appeal by the Supreme Court of Canada in January 2013, and is expected to be heard within a year or so, this case has huge implications for the judicial recognition or denial of Aboriginal Title in Canada. Unfortunately, up to now the federal government has refused to change its Comprehensive Claims Policy to be consistent with the Delgamuukw decision or even more recently the Haida decision. The previous attempt by AFN to change the Comprehensive Claims Policy was through the AFN Delgamuukw Strategic Implementation Committee (DISC), but this AFN Committee was ended by Matthew Coon Come when he became AFN National Chief in 2000. Matthew Coon Come is from a Modern Treaty group that agreed to extinguish their Aboriginal Title in 1975. Different Indigenous Nations & Interests Across Canada It is important to note that when it comes to Comprehensive Claims Policy Reform there are differing interests among Indigenous Nations across Canada, your First Nations (and Eagle Village) are in the first category Aboriginal Title Holders not in negotiations. Here is the list of Indigenous Nation interests: In general terms, the following groupings are evident (although there is some overlap within each): Indigenous Nations Not Negotiating: Those nations who are not engaged in negotiations with Canada and/or the provinces relating to the disposition of Aboriginal Title find themselves in a different situation. (This grouping includes nations with Aboriginal Title who have never entered into any treaty agreements with the Crown and lie outside of treaty areas, as well as some of those nations who fall into the categories of Pre-Confederation Treaties and Non-Parties to Treaty described below.) They are not engaged in any
2

substantive dialogue with other governments to address matters related to title and interests in land (other than the courts) and therefore have no forum in which to consider the implications of Delgamuukw or Haida on their circumstances. Actively Negotiating Nations: Those Nations who are currently negotiating under the prevailing federal Comprehensive Claims policy, in B.C., the Yukon, NWT, Quebec, New Brunswick, Nova Scotia and PEI. These nations share a common experience in that they have accepted to negotiate under the prevailing policy and are actively engaged in discussions with federal and provincial governments related to extinguishment (modification) of Aboriginal Title among other federal/provincial negotiation objectives/mandates. These Nations are arguably in a weaker position because they have agreed to accept to negotiate under the federal Comprehensive Claims Policy & Process. For instance, in B.C., those First Nations involved in the B.C. Treaty Commission process have been engaged in Comprehensive Claims negotiations for 20 years now and have collectively borrowed about $500 million in loan funding to support the negotiations. Only two claims have been settled under the BCTC process so far, Tsawwassen and Maa-nulth. The Nisgaa settled their claim in 2000, after about 30 years of negotiation and it was outside of the BCTC process. Pre-Confederation Treaties: There are numerous Pre-Confederation Treaties which dealt with military, economic or political issues, but which did not surrender land. This is particularly true in central & southern Ontario, Quebec, and the Atlantic. Title in these territories remains unceded. However, there are now active Comprehensive Claims negotiation tables for the Mikmaq and Maliseet Nations in Nova Scotia, PEI, New Brunswick and Quebec making them part of the Actively Negotiating Nations category. Non-Parties to Treaty: There are a number of individual First Nations in the area between Ontario and B.C. whose territory lies within the purported boundaries of a land cession treaty, but who did not participate in the treaty and therefore retain Aboriginal Title. For instance, the Cree of Lubicon Lake, Alberta (Treaty #8); the Dakota of Manitoba and Saskatchewan; the Ojibway communities of Pic River, Pic Mobert, Long Lac #58, Pays Plat and Sand Point (Robinson Superior Treaty, Ontario) and Wikiemikong Unceded Reserve. There are no doubt other communities in this situation as well. In some cases, these First Nations have submitted claims of Aboriginal Title which were rejected. There are also some cases where the geographical scope of the Treaties did not address all matters related to Aboriginal Title ie. Beds of lakes and rivers. Modern Day Land Claims Agreement Coalition: Those nations who have signed agreements since the 1973, when the policy on Comprehensive Claims was introduced and they are linked together by similarities in the terms and structure of their agreements, and in the various extinguishment (Modification) clauses contained in them. They are also actively engaged with governments on matters related to implementation and nonimplementation of their Modern Treaties. Numbered Treaties: Although there are clear differences between each of the numbered treaties, there are significant similarities (ie., effect of oral history, spirit & intent vs. extinguishment clauses, NRTA, Aboriginal rights north of 60, etc.). As well, in many
3

numbered treaty areas there are existing processes intended to address treaty issues (ie., the Saskatchewan Treaty Commissioners office), which legitimately would appear to include matters such as the implications of Delgamuukw and Haida. Arguably, the Indigenous Nations with the strongest position on Aboriginal Title and Rights are the Indigenous Nations Not Negotiating, which is the category your First Nations (and Eagle Village) are part of along with other Indigenous Nations Not Negotiating. However, while Indigenous Nations in this category arent negotiating with the federal government under the Comprehensive Claims Policy, many are negotiating natural resource sectoral agreements (hydro, mining, oil & gas, forestry, tourism, land-use plans, etc.) with the provinces and/or Impact-Benefit Agreements with the private sector. Depending on the terms of such agreements involving natural resources and lands, these interim, incremental agreements may weaken the strength of the Aboriginal Title and Rights of Indigenous Nations entering into such agreements to the point where Crown governments can assert the Indigenous Nation has consented to alienation of their Aboriginal Title territory and infringement of their Aboriginal Rights through the terms of such agreements in the face of any section 35 legal analysis done by the Crown. Under Canadas constitutional framework only the federal government can address Aboriginal and Treaty rights, which is why the land claims and self-government policies are federal policies, but natural resources fall under provincial jurisdictional powers, that is why many Indigenous Nations are negotiating directly with the provinces and industry, potentially undermining their Aboriginal Title and Rights in the process. Meanwhile, the federal governments priority is to accelerate the settlement of Final Agreements with the Actively Negotiating Nations and the federal government isnt interested in what the Indigenous Nations Not Negotiating positions are regarding changes to the Comprehensive Claims Policy. The federal government intends to use all Final Agreements reached with the Actively Negotiating Nations as precedents against Indigenous Nations Not Negotiating, the Indigenous Nations that can still prove Aboriginal Title anyway. The 1985 Coolican Report The last time the federal government reviewed the Comprehensive Claims Policy was in 1985 when the Coolican Report was issued. At the time the only groups the federal government listened too were the Actively Negotiating Nations. The 2001 Lorne Report The Harper government has the same position now. In January 2011, the federal Minister of Aboriginal Affairs, John Duncan, named James Lorne as a Special Representative to the B.C. Treaty Process. Mr. Lornes mandate was to come up with recommendations for accelerating Treaty negotiations in British Columbia, completely ignoring Comprehensive Claims negotiations
4

in the rest of Canada and the AFN-CCPRWG, which was established at that time. Mr. Lorne presented his Report to the Minister in November 2011. The Crown-First Nations Gathering Non-Outcome One of the outcomes of the January 24, 2012, Crown-First Nations Gathering was: The parties also commit to ensuring federal negotiation policies reflect the principles of recognition and affirmation mandated by Section 35 of the Constitution Act, 1982 and advance certainty, expeditious resolution, and self-sufficiency. During a meeting of the AFN-CCPRWG in April 2012, Jean Francois Trembley, Assistant Deputy Minister of Treaties and Aboriginal Government told the meeting that he had no mandate to change the federal Comprehensive Claims Policy despite what the CFNG outcomes were. The Federal Results-Based Approach to Negotiations On September 4, 2012, the federal government announced the results-based approach to Modern Treaty (Comprehensive Claims) and Self-Government Agreements. There is currently a federal assessment of the negotiating tables underway to determine which tables are ready to negotiate final agreements based on the core mandate (objectives) described above. Obviously, the federal government ignored the AFN-CCPRWG when the September 4, 2012, policy announcement was made by the federal Minister of Aboriginal Affairs, John Duncan. Attached is a list of the tables affected by the federal results based assessment currently underway. Federal Assessment of Negotiation Tables Take It Or Leave It Offers As you can see from the attached list there are 183 Bands/Non-Status-Metis Groups negotiating Comprehensive Claims from the Actively Negotiating Nations who the federal government is currently assessing to see which tables will accept to negotiate Final Agreements based upon the following core negotiation objectives, which in part are: Accept the extinguishment (modification) of Aboriginal Title; Accept the legal release of Crown liability for past violations of Aboriginal Title & Rights; Accept elimination of Indian Reserves by accepting lands in fee simple; Accept removing on-reserve tax exemptions; Respect existing Third Party Interests (and therefore alienation of Aboriginal Title territory without compensation); Accept (to be assimilated into) existing federal & provincial orders of government; Accept application of Canadian Charter of Rights & Freedoms over governance & institutions in all matters; Accept Funding on a formula basis being linked to own source revenue;

Other measures too, essentially accepting to become Aboriginal municipalities with the Canadian Federation. AFN-PM High Level Process It is likely that the Prime Ministers priority remains the acceleration of final settlements with the Actively Negotiating Nations. This could be the meaning of the AFN-PM high level process. If this is the case then the Prime Minister may negotiate directly with representatives of the Actively Negotiating Nations, particularly those in the British Columbia Treaty Process outside of the AFN-CCPRWG table. CONCLUSIONS: For many of the Indigenous Nations Not Negotiating under the federal Comprehensive Claims Policy the focus has been on engaging the provincial governments and industry on the Haida requirement of the Duty to Consult and Accommodate when proposed projects or activities may impact on Aboriginal Rights or Title. Since the 2004 SCC Haida Decision the federal government has developed a consultation policy that is limited only to federal projects or areas of federal jurisdiction like Navigable Waters, which is currently being legislative changed. In limiting the scope of the federal consultation policy the federal government has ignored its fiduciary responsibilities/obligations and abandoned Indigenous Nations to the provinces. The provinces have developed consultation policies designed to benefit themselves in the consultation process. Using the strength of claim test from SCC Haida decision the provinces arent readily reaching the accommodation phase with Indigenous Nations in the consultation process, meaning business as usual when it comes to natural resources extraction from Aboriginal Title & Rights territories, particularly in the energy and mining sectors. The Indigenous Nations Not Negotiating need to start communicating between and among themselves immediately to protect their Title, Rights and Interests in Canada generally and in the AFN-PM high level process in particular. There needs to be discussion to focus on the needs and interests of those Indigenous Nations who continue to hold Aboriginal Title, but who are not currently negotiating under Canadas Comprehensive Claims policy. The reason for this focus is simple: past attempts to change the Comprehensive Claims policy have largely been driven by actively negotiating groups in consultation with the federal government (witness the Coolican Task Force on Comprehensive Claims in the mid-1980's and the Lorne Report of 2011), without providing due consideration to the rights or the objectives of those Indigenous Nations outside of the process. From Canadas perspective, Aboriginal Title appears to be non-existent until you enter the policy (and then it exists only so long as it takes to extinguish it). This time around, once again the dialogue and momentum appears to be revolving around those Indigenous Nations who are engaged directly in the existing Comprehensive Claims policy, particularly those in the BC Treaty Process.
6

Inevitably this leads to a situation where the existing policy and process become the basis of the dialogue. This does not bode well for those Indigenous Nations who continue to resist the extinguishment of their Aboriginal Title, and who are searching for alternative processes which more closely match their needs and circumstances. If they are to have any influence over outcomes, then those First Nations who have avoided involvement in Canadas extinguishment policy need to have a forum in which they can collectively develop alternative approaches that are not contaminated by existing policy and process. NOTE: There is a meeting scheduled for February 12, 2013, in Ottawa of the AFNComprehensive Claims Policy Reform Working-Group. From 9:30 A.M. until 4:00 P.M. with a call-in option. Already, AFN has identified the areas of interest, which appear to mirror the federal list of core mandate areas as: a. b. c. d. e. f. Fiscal arrangements Shared territory Recognition / reconciliation Status of lands Self-government Certainty Structure and Process of Engagement

Indigenous Nations Not Negotiating should either attend the meeting or call-in to get briefed up on AFNs discussions/follow-up on the AFN-PM January 11, 2013, meeting regarding the high level process on Comprehensive Claims. RECOMMENDATIONS: 1. There should be a list developed of Indigenous Nations Not Negotiating and a conference call organized to set up a face-to-face strategy meeting as soon as possible. 2. A face-to-face meeting should be organized to begin a dialogue among those Indigenous Nations who want to join together in a common strategic alliance of Indigenous Nations to pursue recognition and affirmation of Aboriginal Title and ensure the AFN-PM high level process does not prejudice the Aboriginal Title and Rights of those Indigenous Nations who havent agreed to negotiate under Canadas Comprehensive Claims Policy. In turn, it is hoped that this will lead to more formal and ongoing cooperation between these Indigenous Nations, with the shared objective of setting aside the existing policy and process, and obtaining something which more closely reflects their rights and their aspirations. 3. Establishing a coordinating body with political and technical representation on it to ensure proper representation by Indigenous Nations Not Negotiating in the AFN-PM high level process on Comprehensive Claims Policy Reform.
7

Submitted By: Russell Diabo Policy Advisor Cell: (613) 296-0110

Ab borigina Affair and Northern Development C al rs N n Canada

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Nego otiation Tables s

Negotiations Tables Interactive Map I M
Aboriginal Group Participa ating Aborigi inal Commun nities Pop pulation Dat te clai im wa as accep pted 200 03 Type of Proce ess Curre ent Provin ncial / Stage of e Territ torial Negotia ations Particip pation

Prince Edward Islan e nd 1 Mi'kmaq of Prince q Edward Island Lennox Island, Abegweit 1,100 Comprehe ensive Framework Land Claim m Agreeme ent Agreemen nt with SelfGovernme ent Comprehe ensive Agreeme entLand Claim m in-Princi iple Agreemen nt with SelfGovernme ent No o

Nova Scotia N 2 Mi'kmaq of Nova q Scotia Acadia, Annapo Valley, olis Bear River, Potlotek First ni, Nation, Eskason Glooscap First Nation, N Indian Brook I.R. No. 14, Membertou, Mil llbrook, Paqtnkek Mi'km maw Nation, Pictou Landing, L Wagmatcook, Waycobah W First Nation 15,000 1 200 00 Ye es

Newfound dland and Labr rador 3 Labrado Innu Nation Natuashish Indian or Claim Reserve No. 2, Sheshatshiu Inn First nu Nation 4 Miawpuk kek First Nation of Conne River o 2,400 198 87 Comprehe ensive Final Land Claim m ent Agreeme Agreemen nt with SelfGovernme ent SelfGovernme ent Agreemen nt Agreeme entin-Princi iple Ye es

2,800

200 04

es Ye

New Brunswick w 5 Mi'kmaq & Maliseet of Buctouche, Bur Church q rnt New Bru unswick No. 14, Eel Gro ound, Eel River Bar First Nation , Elsipogtog First Nation, t Fort Folly, India Island, an 14,000 1 200 00 Comprehe ensive Framework Land Claim m ent Agreeme Agreemen nt with SelfGovernme ent Ye es

Aboriginal Group

Participating Aboriginal Communities Kingsclear, Madawaska Maliseet First Nation, Metepenagiag Mi'kmaq Nation, Oromocto, Pabineau, Saint Mary's, Tobique, Woodstock

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

Quebec 6 Atikamekw Nation Council Les Atikamekw de Manawan, Obedjiwan Indian Reserve No. 28, Wemotaci 6,321 1979 Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Framework Land Claim Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment SelfGovernment Agreement Framework Agreement Yes

7 Maliseet of Viger First Nation

800

2003

No

8 Mi'gmawei Mawiomi

Micmacs of Gesgapegiag, Listuguj, La Nation Micmac de Gespeg

5,100

2003

Yes

9 Cree Nation Governance

Cree Nation of Chisasibi, Eastmain, Cree Nation of Mistissini, Cree Nation of Nemaska, OujBougoumou, The Crees of the Waskaganish First Nation, Waswanipi, Cree Nation of Wemindji, Premire Nation de Whapmagoostui Montagnais du Lac StJean, Innue Essipit, Montagnais de Natashquan

16,000

2008

Yes

10 Quebec Innu Regroupement Petapan Inc.

6,234

1979

Comprehensive Final Land Claim Agreement Agreement with SelfGovernment SelfGovernment Agreement SelfGovernment Agreement Agreementin-Principle

Yes

11 La Nation Micmac de Gespeg

700

1999

Yes

Ontario 12 Anishinabek Nation (Union of Ontario Indians) Governance Aamjiwnaang, Alderville, Algonquins of Pikwakanagan, Atikameksheng Anishnawbek, Beausoleil, Biinjitiwaabik Zaaging Anishinaabek, Chippewas of Georgina Island, Chippewas of Kettle and Stony Point, Chippewas of Rama First Nation, Chippewas of the Thames First Nation, Curve Lake, Dokis, Fort William, Henvey Inlet First Nation, Long Lake No.58 First Nation, Magnetewan, M'Chigeeng First Nation, Michipicoten, Mississauga, Mississauga's of Scugog Island First Nation, Moose 52,000 1997 Final Agreement No

Aboriginal Group

Participating Aboriginal Communities Deer Point, MunseeDelaware Nation, Nipissing First Nation, Garden River First Nation, Ojibways of the Pic River First Nation, Pays Plat, Pic Mobert, Red Rock, Sagamok Anishnawbek, Serpent River, Sheguiandah, Sheshegwaning, Thessalon, Wahnapitae, Wasauksing First Nation, Whitefish River, Wikwemikong Unceded Reserve, Zhiibaahaasing First Nation

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

13 Anishinabek Nation (Union of Ontario Indians) - Education

Aamjiwnaang, Alderville, Algonquins of Pikwakanagan, Atikameksheng Anishnawbek, Beausoleil, Biinjitiwaabik Zaaging Anishinaabek, Chippewas of Georgina Island, Chippewas of Kettle and Stony Point, Chippewas of Rama First Nation, Chippewas of the Thames First Nation, Curve Lake, Dokis, Fort William, Henvey Inlet First Nation, Long Lake No.58 First Nation, Magnetewan, M'Chigeeng First Nation, Michipicoten, Mississauga, Mississauga's of Scugog Island First Nation, Moose Deer Point, MunseeDelaware Nation, Nipissing First Nation, Garden River First Nation, Ojibways of the Pic River First Nation, Pays Plat, Pic Mobert, Red Rock, Sagamok Anishnawbek, Serpent River, Sheguiandah, Sheshegwaning, Thessalon, Wahnapitae, Wasauksing First Nation, Whitefish River, Wikwemikong Unceded Reserve, Zhiibaahaasing First Nation Anishnaabeg of Naongashiing, Couchiching First Nation, Lac La Croix, Naicatchewenin, Nigigoonsiminikaaning First Nation, Rainy River First Nations, Seine River First Nation,

52,000

1993

SelfGovernment Agreement

Final Agreement

No

14 Fort Frances Chiefs Secretariat

5,800

1995

SelfGovernment Agreement

Final Agreement

No

Aboriginal Group

Participating Aboriginal Communities Mitaanjigamiing First Nation

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

15 Algonquins of Ontario Algonquins of Pikwakanagan, Mattawa, Snimikobi, Bancroft, Bonnechere, Golden Lake, North Bay, Ottawa, Shabat Obaadjiwan, Whitney 16 Mohawks of Akwesasne 17 Nishnawbe Aski Nation Albany, Aroland, Attawapiskat, Bearskin Lake, Beaver House, Brunswick House, Cat Lake, Chapleau Cree First Nation, Chapleau Ojibway, Constance Lake, Deer Lake, Eabametoong First Nation, Flying Post, Fort Severn, Ginoogaming First Nation, Hornepayne, Kasabonika Lake, Kee-Way-Win, Kingfisher, Martin Falls, Matachewan, Mattagami, McDowell Lake, Mishkeegogamang, Missanabie Cree, Mocreebec, Moose Cree First Nation, Muskrat Dam Lake, Neskantaga First Nation, Nibinamik First Nation, North Caribou Lake, North Spirit Lake, Pikangikum, Poplar Hill, Sachigo Lake, Sandy Lake, Slate Falls Nation, Taykwa Tagamou Nation, Wahgoshig, Wapekeka, Wawakapewin, Webequie, Weenusk, Whitewater, Wunnumin, Kitchenuhmaykoosib Inninuwug, Kashechewan, Long Lake No.58 First Nation

7,000

1992

Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment

Yes

9,800

1999

SelfGovernment Agreement SelfGovernment Agreement

Agreementin-Principle Agreementin-Principle

No

50,000

1999

No

Manitoba 18 Sioux Valley Dakota Nation 19 Inuit Transboundary Negotiations in Northern Manitoba 20 Manitoba Denesuline Northlands, Sayisi Dene Negotiations North of First Nation 60 21 Meadow Lake Birch Narrows First Nation, Buffalo River Dene Nation, Canoe Lake 2,300 1991 SelfGovernment Agreement Final Agreement Yes

4,500

2010

Transboundary Final into northern Agreement Manitoba Transboundary Final into NU & NWT Agreement

Yes

4,500

1999

Yes

Saskatchewan 12,450 1991 SelfGovernment Agreement Final Agreement Yes

Aboriginal Group

Participating Aboriginal Communities Cree Nation, Clearwater River Dene, English River First Nation, Flying Dust First Nation, Big Island Lake Cree Nation, Makwa Sahgaiehcan First Nation, Waterhen Lake

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

22 Athabasca Denesuline Black Lake, Fond du Lac, Negotiations North of Hatchet Lake 60 23 Whitecap Dakota First Nation

4,500

2000

Transboundary Final negotiations Agreement into NU & NWT SelfGovernment Agreement SelfGovernment Agreement Framework Agreement

Yes

500

2010

No

Alberta 24 Blood Tribe 10,000 1996 Final Agreement Yes

British Columbia 25 Allied tribes of Lax Kw'alaams 3,447 2007 Comprehensive Framework Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Framework Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementYes

26 Carrier-Sekani Tribal Council

Burns Lake, Nak'azdli, Nadleh Whuten, Saik'uz First Nation, Stellat'en First Nation, Takla Lake First Nation, Tl'azt'en Nation

6,249

1997

Yes

27 Cheslatta Carrier Nation

337

1997

Yes

28 Da'naxda'xw First Nation

198

1998

Yes

29 Ditidaht/Pacheedaht

1,021

1995

Yes

30 Esk'etemc First Nation

841

1996

Yes

31 Gitanyow Hereditary Chiefs

789

1995

Yes

32 Gitxsan Treaty Society

Gitanmaax, Gitsegukla, Gitwangak, Kispiox, Glen Vowell

6,378

1995

Yes

33 Gwa'Sala-

906

1998

Yes

Aboriginal Group

Participating Aboriginal Communities

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation in-Principle

Nakwaxda'xw

Land Claim Agreement with SelfGovernment Old Massett Village Council, Skidegate 4,368 2009

34 Council of the Haida

Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle

Yes

35 Haisla Nation

1,716

1995

Yes

36 Heiltsuk

2,308

1996

Yes

37 Hul'qumi'num Treaty Group

Cowichan, Lake Cowichan First Nation, Stz'uminus First Nation, Penelakut Tribe, Lyackson, Halalt

6,959

1996

Yes

38 Hupacasath First Nation

272

2006

Yes

39 In-SHUCK-ch

Samahquam, Skatin Nations

873

2002

Yes

40 Kaska Dena Council

Dease River, Kwadacha, and Daylu Dena Council

643

1995

Yes

41 Katzie

505

1999

Yes

42 Kitasoo/Xaisxais First Nation

513

1995

Yes

43 Kitselas

574

1995

Yes

44 Kitsumkalum

694

1995

Yes

45 Klahoose First Nation

336

1996

Yes

Aboriginal Group

Participating Aboriginal Communities

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

Agreement with SelfGovernment 46 K'moks First Nation 280 2007 Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment SelfGovernment Agreement Framework Agreement Yes

47 Ktunaxa/Kinbasket Treaty Council

Lower Kootenay, St. Mary's, ?Akisq'nuk First Nation, Tobacco Plains

1,249

1996

Yes

48 Laich-kwil-tach Treaty Society

Cape Mudge, Campbell River, Kwiakah

1,800

1997

Yes

49 Lake Babine Nation

2,356

1996

Yes

50 Lheidli T'enneh

349

1995

Yes

51 McLeod Lake

496

2004

Yes

52 Metlakatla

845

1995

Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment SelfGovernment Agreement Framework Agreement

Yes

53 Musqueam Indian Band

1,291

1994

Yes

54 Musqueam Indian Band 55 Namgis First Nation

1,291

2005

Yes

1,734

1998

Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle

Yes

56 Nazko First Nation

634

1996

Yes

57 Northern Secwepemc Canim Lake, Soda Creek, te Qelmucw Stswecem'c Xgat'tem First Nation, Williams Lake 58 Nuu-Chah-Nulth Tribal Council Ahousat, Ehattesaht, Hesquiaht,

2,403

1996

Yes

4,921

1995

Yes

Aboriginal Group

Participating Aboriginal Communities Mowachaht/Muchalaht, nuchatlaht, Tseshaht

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

Agreement with SelfGovernment 482 1998 Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive Framework Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement Yes

59 Quatsino

60 Sechelt

1,296

1994

Yes

61 Sliammon

1,002

1996

Yes

62 Squamish

3,921

1995

Yes

63 Snuneymuxw First Nation

1,650

1996

Yes

64 Sto:lo Xwexwilmexw Treaty Association

Tzeachten, Leq'a:mel, Skowkale, Yakweakwioose, Popkum, Aitchelitz, Skawahlook First Nation

1,278

1997

Yes

65 Taku River Tlingit

388

1995

Yes

66 Te'mexw Treaty Association

Beecher Bay, Malahat First Nation, Nanoose First Nation, Songhees First Nation, T'Sou-ke First Nation

1,450

1995

Yes

67 Tla-o-qui-aht First Nations

1,015

2008

Yes

68 Tlatlasikwala

64

1998

Yes

69 Tlowitsis Tribe

390

2005

Yes

70 Tsay Keh Dene

436

1995

Yes

Aboriginal Group

Participating Aboriginal Communities

Population

Date claim was accepted

Type of Process

Current Provincial / Stage of Territorial Negotiations Participation

with SelfGovernment 71 Tsleil-Waututh Nation 506 1995 Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive Final Land Claim Agreement Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment SelfGovernment Agreement Framework Agreement Yes

72 Westbank First Nation

746

1995

Yes

73 Wet'suwet'en First Nation

2,669

1995

Yes

74 Oweekeno/Wuikinuxv Nation

281

1996

Yes

75 Xwmalhkwu

463

1997

Yes

76 Yale First Nation

157

1995

Yes

77 Yekooche

216

1995

Yes

Northwest Territories 78 Acho Dene Koe 623 1976 Yes

79 Akaitcho Treaty 8 Dene

Deninu K'ue First Nation, Detah, Lutsel K'e Dene First Nation, Ndilo

1,500

1976

Yes

80 Colville Lake

137

2010

Yes

81 Dehcho First Nations

Deh Gah Gotie Dene Council, Ka'a'gee Tu First Nation, K'atlodeeche First Nation, Liidlii Kue First Nation, Nahanni Butte, Pehdzeh Ki First Nation, Sambaa K'e (Trout Lake) Dene, West Point First Nation, Jean Marie River First Nation, Fort Liard Mtis Nation, Fort Providence Mtis Nation,

3,767

1976

Comprehensive AgreementLand Claim in-Principle Agreement with SelfGovernment

Yes

Aboriginal Group

Participa ating Aborigi inal Commun nities Fort Simpson Mtis M Nation

Pop pulation

Dat te im clai wa as accep pted

Type of Proce ess

ent Provin ncial / Curre Territ Stage of e torial Negotia ations Particip pation

82 Deline - Sahtu Dene and Met tis 83 Fort Goo Hope od

650

199 96

SelfGovernme ent Agreemen nt SelfGovernme ent Agreemen nt SelfGovernme ent Agreemen nt SelfGovernme ent Agreemen nt

Final Agreeme ent Framework Agreeme ent Agreeme entin-Princi iple Agreeme entin-Princi iple

es Ye

520

201 10

Ye es

84 Gwich'in n

Aklavik, Fort Mc cPherson, Inuvik, Tsiigeht tchic Aklavik, Ulukha aktok, Inuvik, Paulatuk, Sachs Harbour, Tuktoyaktuk

2,000

199 96

Ye es

85 Inuvialuit

3,500

199 96

Ye es

86 K'atlode eeche First Nation

525

197 76

Comprehe ensive Explorat tory Land Claim m discussio ons Agreemen nt with SelfGovernme ent SelfGovernme ent Agreemen nt Agreeme entin-Princi iple

Ye es

87 Norman Wells

263

200 07

Ye es

88 Northwe Territory est Mtis Na ation

Fort Resolution, Fort Smith, Hay Rive er

2,000

197 77

Comprehe ensive Agreeme entLand Claim m in-Princi iple Agreemen nt with SelfGovernme ent SelfGovernme ent Agreemen nt Agreeme entin-Princi iple

Ye es

89 Tulita - Dene and Mtis

510

200 05

es Ye

Yukon 90 Kaska Liard First Nation, Ross River ouncil Dena Co 91 Liard Fir Nation, rst Ross Riv Dena ver Council and White River 92 First Nat tion of Nacho Nyak Du un 93 Northern Region n Negotiat tions Carcross s/Tagish, Teslin Tlingit, Champa agne & Aishihik Carcross/Tagish First h Nations, Teslin Tlingit Council, Champ pagne and Aishihik First Na ations Liard First Natio Ross on, River Dena Cou uncil Liard First Natio Ross on, River Dena Cou uncil, White River 1,633 199 94 Transboun ndary Framework into BC Agreeme ent Comprehe ensive Framework Agreeme Land Claim m ent Agreemen nt with SelfGovernme ent Transboun ndary Framework Agreeme into NWT ent Transboun ndary Framework into BC Agreeme ent Ye es

1,810

199 90

Ye es

510 1,497

199 91 199 95

es Ye Ye es

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