Indigenous Land Claims and Reconciliation: The Importance of Land and Relationship Between Indigenous Nations and the Government of Canada
Abstract
This thesis discusses whether Indigenous land claims settlements signal reconciliation between Indigenous nations and the Government of Canada. Using Indigenous methodologies, anti-oppressional and intersectional lenses, and process tracing, it argues that land claim settlements do not signal reconciliation of the Indigenous-Canadian relationship. This is because the modern land claims settlement process exists as a reiteration of the colonial policies and institutions that proceeded it. It examines the historical treaty process, case law on Aboriginal rights and title, existing documents, and statutes that protect and promote Indigenous sovereignty and nationhood. Lastly, it examines the 2015 Canadian Truth and Reconciliation Commission as a transitional justice mechanism for reconciliation, and its limitations in resolving land claims in the spirit of meaningful reconciliation within Canada. It concludes that there is a need for incorporating international legal frameworks into the land claim settlement process between Indigenous nations and the Government of Canada.