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Existing Land Base

The existing posession of First Nation Land is 882 square miles or less than half a percent.

The amount of land under Crown control is 210,893 square miles or 99.59 percent of Manitoba.

Increased First Nation population = increased reservation lands

Published Department of Indian Affairs information states the total 1996 population of First Nations in Manitoba was 95113.   First Nation population increases were foreseen in Treaty negotiations and there are provisions for expansion and equity promised by the Crown.  If those provisions were recognized by Canadian courts, reservation land base sizes in Manitoba would increase by up to 2,156%.  Approximately 21 times current size.

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There are sixty-two First Nations in Manitoba.  Fifty-eight of those First Nations in Manitoba are legal parties to seven treaties. The other four First Nations are Dakota who have aboriginal title to all the land, which has never been surrendered.  Treaty and aboriginal claims will have tremendous impact upon all residents of Manitoba.

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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.   

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