Call to Action #34

Develop new legislation to eliminate that Indigenous Rights Holders extinguish their inherent and/or Treaty Rights as a prerequisite for an agreement.

No Status

Supporting Evidence

L’extinction des droits ancestraux des non-signataires de la Convention de la Baie-James : le test de la condition

Type of Evidence: Academic Literature

Summary of Key Findings:
The paper argues that the federal law enacting the James Bay and Northern Quebec Agreement contradicts condition 14 of the 1870 Imperial Order and the honor of the Crown by unilaterally extinguishing the ancestral rights of non-signatory indigenous peoples.

Topics & Keywords:
Condition 14 of the Imperial Order of 1870, Constitutional implications, Extinction of ancestral rights, Honour of the Crown, James Bay and Northern Quebec Agreement

Limitations:
Key limitations include the lack of legal recognition of non-signatory peoples’ rights, incomplete legal challenges to the extinguishment clause, difficulties in achieving equitable conciliation for non-ceded lands, disparate treatment between signatory and non-signatory peoples, unresolved conflicts between different groups’ rights, and the possibility that restrictions on ancestral rights may be justified in certain circumstances.

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