Comprehensive claims deal with the unfinished business of treaty-making in Canada. These claims arise in areas of Canada where Aboriginal land rights have not been dealt with by treaty or through other legal means. In these areas, forward-looking modern treaties are negotiated between the Aboriginal group, Canada and the province or territory.

These modern treaties are enshrined in legislation and provide a clear, certain and long-lasting definition of land rights for all Canadians. This includes certainty about the ownership, use and management of land and natural resources for all parties. Some treaties have also included provisions relating to Aboriginal self-government. The rights set out in the treaties receive constitutional protection.

Since 1973, 21 comprehensive land claims settlements (modern treaties) have been concluded, the most recent being the Nunavik Inuit Land Claim Agreement.

These settlements have provided:

• Aboriginal ownership over 600,000 km2 of land (almost the size of Manitoba);
  
  
• Capital transfers of over $2.8 billion ($2005);
  
  
• Protection of traditional ways of life;
  
  
• Access to future resource development opportunities;
  
  
• Participation in land and resources management decisions;
  
  
• Certainty with respect to Aboriginal land rights in approximately 40% of Canada's land mass; and
  
  
• Associated self-government rights and political recognition.
  
  

Two other final agreements were recently ratified by the Tsawwassen and Maa-nulth First Nations and the province of British Columbia. Federal legislation to implement the Tsawwassen legislation (Bill C-34) is currently before Parliament.

Land claim settlements remain outstanding in approximately 20% of Canada – there are over 60 active negotiation tables in seven provinces and three territories (BC, Nova Scotia, New Brunswick, PEI, parts of Quebec and Ontario, Newfoundland and Labrador, and residual claims in all three territories).

Given the scope and fundamental importance of comprehensive land claims, it has taken, on average, 15 to 20 years to reach final agreement. The associated costs of such a lengthy negotiation process are high for both governments and Aboriginal groups.

Evolving legal landscape

Since 1982, over 40 Supreme Court of Canada decisions have informed the Government of Canada's understanding of the nature of Section 35 of the Constitution Act. The courts have stated that the underlying purpose of s. 35 is the reconciliation of the pre-existence of Aboriginal societies with the assertion of sovereignty of the Crown, and that negotiation represents the best approach to achieving reconciliation.

Canada is engaging with First Nations at individual negotiation tables and through the “Common Table” in British Columbia to explore solutions that allow negotiations to move forward in a manner that is responsive to the evolving legal landscape and Aboriginal concerns.

BC Treaty Process

Many First Nations are making excellent progress in the British Columbia treaty process.

In addition to Tsawwassen and Maa-nulth, several more treaties and Agreements-in-Principle could be concluded in the next year.

Progress on treaty negotiations in the province is a key federal priority. To support the objective of facilitating greater progress in treaty negotiations, a single common table will be established to discuss the concerns of First Nations in the British Columbia treaty process with federal and provincial treaty negotiation mandates. Those discussions started on April 29, 2008.