Frequently Asked Questions About Land Claims

Ontario believes that negotiation combined with public consultation is the best way to address the historical, legal and practical issues that arise in land claims.

Ontario's approach is to resolve land claims in a way that addresses the interests and concerns of people who live on or who use the lands within the claim area, through meaningful public involvement and dialogue.

What is a land claim?

A land claim is a formal statement made by an Aboriginal community that it is legally entitled to land and/or financial compensation. A claim may be submitted to the federal government and/or the provincial government.

For example, a community may claim that:

Lands within a reserve were used by the government for public purposes (e.g. railroads, highways, transmission lines, etc.) without the necessary legal authority or payment of compensation to the First Nation.
The government did not live up to its obligations relating to Aboriginal rights or treaty rights.

Are there different types of land claims?

Land claims in Ontario generally fall into three categories:

Aboriginal Title Claims
These are claims to land brought by a First Nation on the basis that its original rights in land were never surrendered to the Crown.

Reserve Land Claims
These are claims brought by one or more First Nations that land intended to be reserved for them, usually under a treaty, has been denied to them, wrongfully taken from them, or has been negatively impacted in some way through the Crown's actions (e.g. flooding, taking of land for fishing purposes).

Unsold Surrendered Reserve Land Claims
These are claims brought by a First Nation seeking compensation for, or the return of, reserve land that it surrendered to the Crown for sale, but which remains unsold.

Could private property be affected by a land claim?

Ontario will not expropriate private lands in the settlement of a land claim. Private property may be included in a land claim settlement if the lands are available for purchase on a willing buyer/willing seller basis.

What is a treaty?

A treaty is a negotiated agreement, between an Aboriginal community and the Crown, which is intended to create mutually binding obligations. Because of its special nature, it is to be solemnly respected by all parties to the agreement.

Treaty making between Aboriginal communities and the Crown began in what is now Ontario more than 200 years ago.

At the end of the American Revolution, the Six Nations people allied to the Crown and the United Empire Loyalists came to Canada seeking Crown protection. This created an urgent need for the Crown to make land available for settlement, as well as for the defence of what remained of British North America.

By the mid-1800s, the Crown's focus in entering into treaties shifted to acquiring legal rights in land and addressing Aboriginal rights.

Many of the treaties called for Aboriginal communities to be compensated in return for giving up their rights to land. The forms of compensation often included:

One-time payments of money
Annual payments of money
The provision of agricultural implements
Hunting, fishing and trapping rights

Although some of the treaties were signed hundreds of years ago, the debate over certain issues continues today because of differing views about the intentions of the parties to the treaties. These differences in understanding can stem from differing cultural traditions.

What are treaty rights?

Treaty rights are the specific rights of Aboriginal peoples embodied in the treaties they entered into with, first, the British government and then, after Confederation, Canada.

These rights often address the creation of reserves and the rights of Aboriginal communities to hunt, to fish and to trap on provincial Crown lands.

Treaty rights are protected by section 35(1) of the Constitution Act, 1982.

What is the federal government's responsibility for land claims?

At Confederation, the power to make laws was divided between the federal government and the provinces.

The Constitution Act, 1867 assigns to the federal government exclusive jurisdiction over "Indians, and Lands reserved for the Indians." The provinces were assigned the ownership and management of Crown lands and natural resources that are located within a province.

Both the federal and provincial governments often need to be involved in resolving claims because:

They may have played a role in the historical events that give rise to a claim.
Land claims often assert rights to provincial Crown lands, natural resources or private property.

What is Ontario's responsibility for land claims?

A land claim can impact provincial interests and matters, such as:

Crown lands
Natural resources
Economic development
Municipalities
Transportation
Recreational use of Crown lands

The Ontario government has a responsibility to represent the interests of all Ontarians. By reaching a negotiated settlement, Ontario tries to find a resolution that will address the:

Province's obligation to the Aboriginal community making the claim.
Interests of all those affected by the land claim process.

Why does Ontario negotiate land claims?

Ontario may negotiate land claims because:

It had a role in the historical events giving rise to a land claim.
The land claim involves assertions of rights to provincial Crown lands, natural resources or private property.

How does Ontario decide whether to negotiate a land claim?

Ontario decides whether negotiation is the best way to resolve the issues raised by a land claim on the basis of various criteria. Please visit the Negotiations Criteria section on our website for more information.

How does the negotiation process work?

There are four steps to negotiating a land claim:

Submission of claim
An Aboriginal community submits a written statement setting out the claim with supporting historical and other documentation.

Assessment
The Ministry of Aboriginal Affairs conducts historical, legal and policy reviews of the land claim submitted by the Aboriginal community. The province determines whether the claim should be accepted for negotiation. If accepted, a letter is sent advising that Ontario is prepared to enter into negotiations.

Negotiation
Ontario, the federal government and the Aboriginal community sit down at the negotiating table and work to resolve the claim by discussing each party's views and interests, considering the ways in which these might be addressed in a claim settlement, and developing and reaching agreement about the elements of a claim settlement. They also consult with the public to identify interests that may be affected by the settlement of the claim and the ways in which these can be addressed. Then, the parties draft the final settlement agreement.

Settlement and implementation
Once each party approves the final settlement agreement, it becomes a legally binding document. The parties then implement the agreement by carrying out the obligations described in the agreement.

Please visit the Negotiation Process page on our website for more details on each step.

What are the benefits of settling land claims?

Settling land claims:

Meets Ontario's legal obligations to Aboriginal communities.
Fosters better relationships between Aboriginal and non-Aboriginal communities.
Creates economic growth opportunities for Aboriginal communities.
Helps build a stable climate for local business and other interests.
Removes barriers to the development of natural resources by creating greater certainty of title to lands and resources.
Clarifies access to and use of Crown land.

How long does it take to settle a land claim?

The time required to conclude a final settlement agreement varies from claim to claim. Each claim is unique, varying in its complexity and the number and kinds of interests involved.

What is Ontario doing to improve the land claim process?

Ontario is exploring new ways to reduce the time it takes to settle a claim. We will achieve this by finding new ways to work together with:

The claimant First Nation
Canada
Municipalities
Affected Aboriginal and non-Aboriginal communities

We have also made a commitment to complete the research and assessment stage of our work within three years of receiving a claim.