LibGuides: Indigenous Peoples in Canada: Land Rights

AGES 13-17 You Are on Indian Land (36:00) 1969 Released in 1969, this short documentary was one of the most influential and widely distributed productions made by the Indian Film Crew (IFC), the first all-Indigenous unit at the NFB. It documents a 1969 protest by the Kanien’kéhaka (Mohawk) of Akwesasne, a territory that straddles the Canada–U.S. border. When Canadian authorities prohibited the duty-free cross-border passage of personal purchases—a right established by the Jay Treaty of 1794—Kanien’kéhaka protesters blocked the international bridge between Ontario and New York State. Director Michael Kanentakeron Mitchell later became Grand Chief of Akwesasne. The film was formally credited to him in 2017. You Are on Indian Land screened extensively across the continent, helping to mobilize a new wave of Indigenous activism. It notably was shown at the 1970 occupation of Alcatraz. THIS FILM CONTAINS SCENES OF VIOLENCE. VIEWER DISCRETION IS ADVISED.
It's Time (43:29) 2012 It's Time! challenges Canadians with this reality: if we don't improve our relationship with Aboriginal people, we will cripple our economy. Both the footage and the argument come in high definition and make the case that Canada is changing beneath our feet. In a dynamic two-minute walk through 500 years of history, 8th Fire host Wab Kinew explains how ancient Wampum belts hold a clue to the future. The Supreme Court of Canada now confirms the promises they hold as the truth. The First Nations of this country were not conquered. They signed treaties to share the land, and this means Aboriginal people must be consulted and accommodated when anyone wants to dig, explore or develop on their land.
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8th Fire Teacher Guide available on Spark
"Got Land?": The Controversial T-shirt Slogan (2:20) 2014 It's a simple slogan that sparked a complicated conversation about First Nations land treaties in Saskatchewan, and a young student found herself in the middle. Thirteen-year-old Tenelle Start didn't realize the controversy her sweatshirt would create until she wore it to school. It reads "Got Land?" on the front, and "Thank an Indian" on the back. Tenelle Starr was asked to take it off, after some people found it offensive.
Historic First Nations land claim ruling (4:02) 2014 The Supreme Court has granted title to more than 1,700 square kilometres of land in B.C. to the Tsilhqot'in First Nation.
First Nations Land Disputes (17:46) January 2015 Since Europeans first arrived in Canada, non-Natives have laid claim to lands that were once under the control of the Native population. Increasingly, First Nations people are asking for their land rights to be honoured. Here are two very different cases where a land dispute could leave someone in financial ruin.
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NIR-15-01 First Nations Land Disputes Teacher Guide available on Spark
Indigenous graves have B.C. landowners pitted against the government (4:59) 2019 Thousands of sites in British Columbia are believed to be ancient First Nations burial grounds. Some are on private lands, and many Indigenous people believe these sites are sacred. But the government doesn't see the burial sites the same way as registered cemeteries, and that has left all parties frustrated and feeling vulnerable.
Cottagers & Indians (43:42) 2020 James Whetung is reclaiming his Indigenous right to cultivate wild rice on Ontario’s Pigeon Lake, but local homeowners are furious about large-scale changes in the waterways — so there’s going to be a dust-up. In this documentary, award-winning author and humourist Drew Hayden Taylor looks at the big issues behind this conflict: food sovereignty, property rights, restricted access to capital on reserves, racism, privilege, contract law and Indigenous poverty. These matters go far beyond Pigeon Lake, touching the lives of Indigenous people and non-Indigenous landowners across Canada.
The Price of Power: After the Flood (Part 1 of 5) (22:18) 1991 In the 1960s in northern Manitoba, hydroelectric power promised prosperity for all, but in the shadow of the dams, there was another more painful reality: an environmental wasteland, Indigenous rights cast aside, political scandal and multi-billion dollar debt. In this first episode in the five-part series The Price of Power, representatives of several Manitoba First Nations discuss how their traditional lifestyles were impacted by Manitoba hydro projects.
The Price of Power: A Question of Trust (Part 3 of 5) (19:45) 1991 Part three of the five-part series The Price of Power looks into hydro developments in northern Manitoba, the devastation left behind, and the problems and high cost of compensation.
Stories from the Land: Kay-Nah-Chi-Wah-Nung (22:07) 2021 Kay-Nah-Chi-Wah-Nung is a sacred burial mound site in Northwestern Ontario. Part of a land claim in the 1980s and 90s, it’s now a source of cultural pride among youth and elders in the community.
The historic Delgamuukw land claims case: 25 years later (2022) In Land Back, a CBC podcast by Gitxsan journalist Angela Sterritt, First Nations leaders involved in the historic land claims case, Delgamuukw v. the Queen, reflect on how they fought for their land. Even after the Supreme Court of Canada ruled in favour of the Gitxsan and Wet’suwet’en, they say land rights in B.C. remain unfinished business.
Historic land claim settlement paved way for Indigenous rights (Feb 13, 2023) Yukon is marking the 50th anniversary of the first comprehensive land claim accepted by Ottawa for negotiation in Canadian history, which was a major turning point for Indigenous rights across the country.
Tsilhqot'in First Nation granted B.C. title claim in Supreme Court ruling (3:57) Jun 26, 2014 The Supreme Court of Canada has granted declaration of aboriginal title to more than 1,700 square kilometres of land in British Columbia to the Tsilhqot'in First Nation, the first time the court has made such a ruling regarding aboriginal land.

Land claims seek to address wrongs made against Indigenous peoples, their rights and lands, by the federal and provincial or territorial governments. There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government’s outstanding obligations under historic treaties or the Indian Act. There are many ongoing comprehensive and specific claims negotiations in Canada.

Albers, Gretchen. "Indigenous Land Claims in Canada". The Canadian Encyclopedia,
09 October 2020, Historica Canada.

Indigenous Dispossession in Canada Resource Sheet and Maps

Natural Environment By Paul Andrew (authentic voice)
Indigenous Peoples in Canadian Law
Indigenous Land Claims in Canada
Aboriginal Title
Duty to Consult
Calder Case (1973)
Sparrow Case (1990)
Van der Peet Case (1996)
Delgamuukw Case (1997)
20 years ago, this court case changed the way Canadians understood Indigenous rights | CBC News (Decemeber 11, 2017)
This Canada Day, settler Canadians should think about ‘land back’ | By Kaitie Jourdeuil | The Conversation (June 29, 2022) The Conversation Canada launched in June 2017. The Conversation is an independent source of news and views, from the academic and research community, delivered direct to the public.

Tsilhqot’in Nation v. British Columbia (2014-06-26)
Supreme Court of Canada
Delgamuukw v. British Columbia (1997-12-11)
Supreme Court of Canada
R. v. Van der Peet (1996-08-21)
Supreme Court of Canada
R. v. Sparrow (1990-05-31)
Supreme Court of Canada
Calder et al. v. Attorney-General of British Columbia (1973-01-31)
Supreme Court of Canada