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Pages Essay on Aboriginal Rights and Land Claims in Canada Introduction The problem of aboriginal rights and land claims is one of the most serious problems modern Canada is currently facing.
In actuality, this problem is the result of the long-lasting discrimination and deprivation of the native population of Canada of its rights. Basically, the discrimination affected practically all spheres of life of aboriginal people, including economic, social, political, and even cultural.
At the same time, the rights of aboriginal people and their land claims are basically motivated by their natural desire to have the equal rights compared to the rest of Canadians, have larger economic and political opportunities in order to be able to maintain the normal life of their communities without permanent hopes for the help of the national government.
In such a way, the problem of aboriginal rights and land claims are closely interlinked for aboriginal people of Canada do want to have equal rights but they cannot fully realize their rights, which they may formally have, if they do not have real opportunities to realize and protect their rights.
In this respect, they apparently need the economic basis, which they could use simply to maintain the socio-economic development and survival of their communities and which, therefore, could provide them an opportunity to protect their rights more effectively.
What is more important is the fact that the satisfaction of land claims and increasing economic power of aboriginal people of Canada will give them a substantial political power or, at any rate, a chance to protect their rights on the political level, through the implementation of the new legislation, for instance.
In such a way, it is obvious that aboriginal rights and land claims involve legal, economic and political issues, which will be analyzed in terms of this paper. To put it more precisely, the current problems of aboriginal people, such as the violation of their basic rights, as well as the land claims that are now the subject of heat discussions are the result of the historical development of relationship between the native population of Canada and European colonizers, whose descendants actually occupy the dominant position in Canadian society.
First of all, it should be said that the discrimination of aboriginal people has accompanied the development of Canada since the creation of this state or, to put it more precisely, since the start of European colonization.
It is worthy of noting that it is only in the second half of the 20th century that some positive changes have started to occur under the pressure of the local communities, basically that of native people, and even under the pressure of international community.
Such a pressure was basically determined by two facts.
On the one hand, the civil rights consciousness of aboriginal people grew stronger as they got more and more integrated in Canadian society and, therefore, acquiring the knowledge about their civil rights and fully realizing the enormous gap that existed between them and the ruling elite of Canada as well as the rest of Canadian society.
On the other hand, there was a growing socio-economic pressure, especially from the part of large corporations, including multinational ones, on aboriginal communities. As the result, their rights, limited they were, were oppressed even more since their economic opportunities became scarce.
Gradually, aboriginal people of Canada faced a dilemma they had to solve: The latter was apparently impossible in the situation when aboriginal people were simply forced to leave their land either because of the low economic opportunities for the elementary survival or because of the official decisions taken by authorities.
As a result, the struggle of aboriginal people for their rights and land claims became a natural consequence of the dramatic deterioration of their socio-economic position and practically permanent and systematic violation of their human rights they were conscious of.
The legal status of aboriginal people and land claims As it has been already mentioned, aboriginal people were traditionally discriminated and occupied the lower places in Canadian socio-economic hierarchy. At the same time, their legal status proved to be quite different from the rest of Canadians to the extent that it was even possible to speak about the existence of unique communities which lived in accordance with different laws compared to other Canadians.
Such a situation was actually also determined by the historical development of Canada and aboriginal people. In fact, it should be said that various conflicts between aboriginal people and Canadian authorities as well as Canadian companies were quite often and traditionally such conflicts were solved by means of negation.
In other words, when aboriginal people had some claims they needed to negotiate with the government in order to achieve the goal they were striving for. In practice, this means that the relationships between aboriginal people and Canadian authorities were built not on the set of legal acts and norms but was rather a subject of discussions and, unfortunately, to a significant extent, this trend is relevant even nowadays Asch, As a result, it was only when a community of aboriginal people managed to raise the claim concerning land, for instance, than it was only in this case the officials would negotiated and attempt to find some solution of the problem of aboriginal people while other communities, which might have the similar problem but did not claim, would simply ignored.
In other words, the rights of aboriginal people were not really protected by the legislation and the law was not common for absolutely all aboriginal communities while it was only due to negotiations claims of aboriginal people could be satisfied and their protected.
Naturally, such a situation was totally unacceptable for a democratic country and aboriginal people started to struggle actively for their rights and land claims became one of the major subjects and consistent part of this struggle.
In this respect, it should be said that Canada first established policies on aboriginal claims only in DuCharme, 3 and negotiations were used to solve these claims. In fact, this approach is still widely applied to claims of aboriginal people in Canada.
It should be said that now these are optional processes that provide aboriginal people with an alternative to going to court to resolve their claims. This means that nowadays the legislation does work and aboriginal communities can protect their rights and satisfy their claims, including land claims appealing to the court.
At the same time, in the current situation, negotiations are the best way out of the problematic situations, especially concerning land claims because in such a way both aboriginal and non-aboriginal people can find mutually acceptable ways to resolve these claims Asch, Aug 08, · Essay on Aboriginal Rights and Land Claims in Canada Introduction The problem of aboriginal rights and land claims is one of the most serious problems modern Canada is currently facing.
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