LAAS Land Claims Information

What is Involved in Negotiating Land Claims?
Only the federal government has the jurisdiction to accept land claims for negotiation. Once an Aboriginal group declares its intention to submit land claims they may request a grant from the federal government to prepare the support material. When claims are submitted, the federal government must assess them based on federal policy and on relevant decisions from the courts. If the federal government accepts land claims as the basis to negotiate it invites the province to participate in negotiations.
Newfoundland and Labrador does not have to negotiate even if the federal government has decided the land claims have merit. The Province's decision to negotiate is based on its own evaluation of the land claims. Even when the Province or the federal government agrees to go to the negotiation table that does not mean they agree with the land claims of the Aboriginal group. Steps to a Settlement

Once land claims are accepted, the negotiators for the provincial, federal and Aboriginal parties must work through a three-stage process. It includes a framework agreement, an agreement-in-principle, and a final agreement.

A framework agreement establishes the process for negotiations including procedures and timelines. It also outlines the subjects to be negotiated such as land title, harvesting, access to resources, and self-government.

The next stage, an agreement-in-principle (AIP), sets out in great detail the basic elements of all the issues under negotiations. This can be a lengthy process. AIP negotiations with the Labrador Inuit on their land claims began in 1990. The agreement was finally initialed in May of 1999. AIP negotiations with the Labrador Innu began in 1995.

Once all the parties approve an AIP, there is a series of further negotiations on implementing the settlement.

All three parties must ratify the Final Agreement. First, by a vote of the full membership of the Aboriginal people, then by a debate and vote in the House of Assembly, and finally by a debate and vote in Parliament. Once approved, by all three parties, the Final Agreement's terms and conditions are protected under Section 35 of the Canadian Constitution.

That means the terms of the agreement cannot be changed without the consent of all three parties. The final step in this process is putting the agreement into action according to an implementation plan. This ensures that the Final Agreement is realized to the fullest extent with a clear understanding of the rights and obligations of all three parties.