Glossary of Terms
This glossary is provided to help build awareness and understanding. It is not complete, and definitions may vary depending upon the context and perspectives. The definitions contained in this glossary should not be read as stating Ontario's policy or legal positions.
Aboriginal Peoples
These are the descendants of the original inhabitants of North America. Section 35(2) of the Constitution Act, 1982 states that: "In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Métis peoples of Canada." These separate groups have unique heritages, languages, cultural practices and spiritual beliefs. Their common linkage is their indigenous ancestry.
Aboriginal Rights
These are rights held by some Aboriginal peoples as a result of their ancestors' use and occupancy of traditional territories before contact with Europeans or before British sovereignty in Canada. Aboriginal rights vary from group to group depending on what customs, practices and traditions were integral to the distinctive culture of the groups.
Agreement
An agreement is a mutual and legally binding understanding between two or more parties as to their respective rights and obligations, often resulting from the exchange of a sequence of offers and compromises.
Agreement-in-Principle
An agreement-in-principle is a non-legal document setting out proposed elements of settlement as agreed to by the negotiators.
Band
The Indian Act defines "band", in part, as a body of Indians for whose use and benefit in common, lands have been set apart. Each band has its own governing Band Council, usually consisting of a Chief and several councillors. The members of the band usually share common values, traditions and practices rooted in their language and ancestral heritage. Today, many bands prefer to be known as First Nations.
Band Council or First Nation Council
The band's governing body. Community members choose the Chief and councillors by election, or through traditional custom. The Band Council's powers vary with each bands.
Elder
A man or woman whose wisdom about spirituality, culture and life is recognized and affirmed by the community. Not all Elders are "old", Sometimes the spirit of the Creator chooses to imbue a young Aboriginal person. The Aboriginal community and individuals will normally seek the advice and assistance of Elders in various areas of traditional as well as contemporary issues.
Final Agreement
A legal document setting out elements of settlement, and signed by the federal minister, provincial minister and the Chief of the First Nation.
First Nation
A term that came into common usage in the 1970s to replace the word "Indian", which many found offensive. The term "First Nation", has been adopted to replace the word "band" in the name of communities.
First Nation Governance*
Refers to negotiated arrangements that enable First Nations to exercise greater decision and law-making authority than is currently possible under the Indian Act. In Ontario, the governance arrangements that are being negotiated by Canada with First Nations will not be treaties and will not create new rights such as hunting and fishing rights, and they will not expand the reserve land bases of the First Nations.
*Canada refers to this process as Self-government
Heads of Agreement
A non-binding outline of the major features of a partnership agreement. It serves as the framework that will be used by lawyers as they draft the legal agreement defining the partnership, such as the shareholders agreement.
Indian
The term Indian may have different meanings depending on context. Under the Indian Act, Indian means "a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian". There are a number of terms employing the term "Indian" including Status Indian, Non-status Indian and Treaty Indian. Status Indians are those who are registered as Indians under the Indian Act, although some would include those who, although not registered, are entitled to be registered. Non-status Indians are those who lost their status or whose ancestors were never registered or lost their status under former or current provisions of the Indian Act. Treaty Indians are those members of a community whose ancestors signed a treaty with the Crown and as a result are entitled to treaty benefits. The term "Indian" was first used by Christopher Columbus in 1492, believing he had reached India.
Indian Act
Federal legislation that regulates Indians and reserves and sets out certain federal government powers and responsibilities toward First Nations and their reserved lands. The first Indian Act was passed in 1876, although there were a number of pre-Confederation and post-Confederation enactments with respect to Indians and reserves prior to 1876. Since then, it has undergone numerous amendments, revisions and re-enactements. The Department of Indian Affairs and Northern Development administers the Act.
Inuit
Aboriginal people in northern Canada, living mainly in Nunavut, Northwest Territories, northern Quebec and Labrador. Ontario has a very small Inuit population. The Inuit are not covered by the Indian Act. The federal government has entered into several major land claim settlements with the Inuit.
Joint Venture
The term is used loosely to refer to a wide variety of legal arrangements in which two or more parties combine their resources for some limited purpose, for a limited time and agree to share the profits and losses from the venture. Generally the joint venture will be established by a contract in which the joint venturers agree they will do certain things to carry out their common purpose. A joint venture could be established by having an independent corporation hold the joint venture assets, or simply by the parties allowing the use of their own assets in the venture.
Letter of Intent
A letter of intent is an interim agreement spelling out the understanding of the parties before a formal agreement is signed.
Management Agreement
Formal agreement that spells out who the managers of the partnership will be, who they will report to, how often they should report and how they should report.
Métis People
People of mixed First Nation and European ancestry. The Métis history and culture draws on diverse ancestral origins such as Scottish, Irish, French, Ojibway and Cree.
Negotiations Agenda
A preliminary, informal agreement about the content of upcoming discussions. It sets out what the parties could bring to a deal, what they would want from it, and how it could be organized to that effect.
Offer
Generally speaking, it is a proposal that if accepted by the other party, will form an agreement.
Pre-Negotiation
Pre-negotiation is the first phase of a negotiation. It refers to the initial period (prior to exchange of offers) when one prepares for the negotiation.
Reserve
Lands set aside by the federal government for the use and benefit of a specific band or First Nation. The Indian Act provides that this land cannot be owned by individual band or First Nation members.
Shareholders Agreement
A legally binding document that describes the mutual obligations between the shareholders of the same business entity.
Stakeholder
A person, organization or group with a vested interest in the goals or outcomes of a business endeavour, such as a partnership. They can include employees, customers, shareholders, communities and governments.
Strategic Alliance
A strategic alliance is a goal-oriented cooperation among two or more businesses, based on formal agreements and a business plan. It usually does not involve the establishment of a separate new organization.
Trade-off
A trade-off is an exchange process in which a decision maker in a negotiation gives up partly on some issues so as to gain on other issues.
Traditional Lands
Lands used and occupied by First Nations before European contact or the assertion of British sovereignty.
Treaty
A formal agreement between the Crown and Aboriginal peoples.
Treaty Rights
Rights specified in a treaty. Rights to hunt and fish in traditional territory and to use and occupy reserves are typical treaty rights. This concept can have different meanings depending upon the context and perspective of the user.
Tribal Council
Tribal Councils usually represent a group of bands to facilitate the administration and delivery of local services to their members.
