The Modern Treaty Era
Indigenous communities have many reasons to claim ancestral lands. The land may have significant spiritual and cultural value. Its location may provide better opportunities for ceremonies, recreation, education, or business. Finally, the land itself can provide income or business opportunities.
Preserving Land for its Own Sake
There are many examples of Indigenous communities acquiring land rights not to use the land for business purposes but to protect it from commercial exploitation. One example is that of four Ojibwa communities close to the Manitoba-Ontario border. Concerned about a proposed electric grid to be built through their traditional territory, the First Nations – Bloodvein River, Little Grand Rapids, Pauingassi, and Poplar River – joined together to nominate it for UNESCO World Heritage Site status. The federal and provincial governments came on board to support this effort. In July 2018 UNESCO approved the bid, effectively protecting an area the size of Vancouver Island from commercial development. The process took 16 years and cost the First Nations about six hundred thousand dollars; the governments of Ontario and Manitoba paid about five million.
The newly protected area is named Pimachiowin Aki, which means “the land that gives life” in Anishinaabemowin. Pimachiowin Aki is just one of many newly protected Indigenous lands which will help Canada meet its target of having 30% of Canadian lands and water under conservation by 2030. Another example is Qat’muk, consisting of the Jumbo Valley in British Columbia and adjacent watersheds. The Ktunaxa are partnering with the Nature Conservancy of Canada to have Qat’muk declared an IPCA (Indigenous Protected and Conserved Area). For more on protecting lands with Indigenous cooperation, go to https://conservation-reconciliation.ca
In another example of conservation, the Innu of Ekuanitshit and the municipality of Minganie in Quebec declared the Magpie River to be a legal person with 1) the right to flow; 2) the right to cycle between periods of high flow and low flow; 3) the right to evolve naturally; 4) the right to maintain its natural biodiversity; 5) the right to fulfil its essential functions within its ecosystem; 6) the right to maintain its integrity; 7) the right to be safe from pollution; 8) the right to regenerate and be restored; and 9) the right to sue.[1]
This was the first time in Canada that a natural feature was declared a person. The strength of its personal rights have not yet been tested in a lawsuit.[2]
Earning income from the Management of Protected Lands
Conservation lands can be income-generating, if Indigenous peoples are paid for their insights or stewardship of the land, or if they can offer eco-tourism of some kind.
The federal Impact Assessment Act (2019) concerns the environmental research and reporting that must be done whenever major public works projects are considered. The Act allows for some of this work to be done by Indigenous gove