Cadastral Surveying Projects
Underhill Geomatics has been preforming cadastral surveys since 1912. These have included First Nations land claims projects.
First Nations Land Claims Surveys
History
The following represents a very abridged introduction to land claims in Canada. For the sake of brevity many pertinent facts were omitted. We will endeavor to put together a bibliography of references, as-well-as add any links which may be of interest to anyone wishing to pursue further study of this subject. For a start you may wish to try Indian and Northern Affairs Canada.
The contemporary public perception of First Nations Land Claims is that they are a fairly recent phenomena resulting from a liberal attitude desiring to "right past wrongs". This perception has little basis in fact. Treaty making has been a feature of virtually all periods of Canadian history. Claims have become more prominent since 1969, partially because of decisions made by the courts, which forced the Federal Government into dealing with the "unfinished business" of claims that had existed prior to confederation.
Part of the reason that these claims are only now being dealt with is the historical relationship between native peoples and the Government of Canada. Government legislation and policy has made it extremely difficult for natives to obtain the justice that the average non-native Canadian would consider their right. Prior to 1951, a kind of Catch-22 situation existed whereby a Claim by an aboriginal group against the government could not be brought before the courts without government approval. At various times in Canada's history the Department of Indian Affairs has forbid native Canadians from expending moneys (band or personal) on the development of their land claims.
Claims policy has its origin in "The Royal Proclamation of 1763". The proclamation stipulated that any purchase of Indian Lands by a British Crown Colony should be carried our by public assembly held specifically for that purpose. The surrender of Indian Lands was to precede any settlement by the colony. From 1870 to 1930 Canada successfully implemented this policy, and all of Ontario, and the Prairie Provinces were covered by treaties.
The areas not covered by treaties included the Yukon and Northwest Territories, as-well-as the Province British Columbia (BC). Treaties were not negotiated in BC because when it entered confederation it was already settled. Lacking any constitutional responsibility for natives, and having a vested interest in the lands and other resources, the BC Government remained quite hostile to the prospect of settling claims.
In 1969 the Federal Government published its White Paper on Indian Policy. This document rejected the concept of claims based on Aboriginal Title. It instead proposed policy of assimilation of the native cultures into the Canadian mainstream. The response from the First Nations was not positive. The White Paper, which the Liberal Government thought would solve the native problem, instead acted as a catalyst in the organization of native opposition.
In 1973 the Supreme Court of Canada decision in Calder vs. Attorney General of British Columbia (the Aboriginal Title Claim of the Nisga'a Indians of British Columbia), rocked the Government. The Nisga'a lost their case, but six of the seven judges recognized the existence of aboriginal title in Canadian law. The White Paper was dead. The Minister of Aboriginal Affairs at the time - Jean Chretien - when asked his opinion of the decision, indicated that, "it appears that they have more rights than we thought".
In the years since the Calder decision the Government has actively pursued obtaining Comprehensive Land Claim Treaties with First Nations to clear the uncertainty of Aboriginal Title on the land. Each of these treaties has resulted in the transfer of lands from Canada to to the First Nations (or the other way - depending on your point of view). UGL has, and continues to be, very active in the survey and demarcation of the boundaries of the various claims. UGL has an unparalleled record in the performance of First Nations Land Claim surveys in Canada. The following summarizes the Claims and our experience in this field: