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This report is intended as a wake up call for all Canadians and Manitobans in particular to examine the legal implications of Treaty terms and conditions. In the wake of the recent precedent setting decision of the Supreme Court of Canada in Delgamuukw, there is sufficient reason for concern.
The Supreme Court of Canada in Delgamuukw recognized for the first time in Canadian history what amounts to an indigenous right to property, aboriginal title. Delgamuukw was a court case from British Colombia. In B.C. no treaties were ever signed between the Crown and indigenous people. The Supreme Court Justices recognized oral history as being relevant, which strengthens First Nation claims in Treaty rights cases in Manitoba.
Most Manitobans believe that the Treaty Land Entitlement settlements in the news in the last few years have settled all the First Nation land claims under treaty. The truth is Treaty Land Entitlement is a small claim in comparison to other more pressing issues in Treaties. The first thing that must be examined and understood is the process called Treaty Land Entitlement. |