Aboriginal Land Claims and Public Involvement
- How do land claims affect the public?
- How does Ontario involve the public?
- What is Ontario's approach to private property and Crown land uses?
How do land claims affect the public?
Members of the public may be affected if and when their land-based interests are subject of an Aboriginal land claim. Affected parties might include municipalities and agencies responsible for highways and hydro-electric corridors, private property owners, and users of Crown land. Others may be affected because they are holders of leases, licences or permits to use Crown land for commercial or non-commercial purposes, or because they use Crown land under claim for recreation. The process of negotiating a land claim allows Ontario to consult and address the many public and private interests affected by a claim.
Negotiated settlement agreements contain appropriate legal releases and indemnities that achieve greater certainty for people potentially affected by a land claim. Settlements bring closure to the issues under negotiation, including issues of access and title to land, natural resources and private property.
How does Ontario involve the public?
Ontario provides for meaningful public involvement in negotiations to settle and implement land claims. This ensures that the rights and interests of affected interests are identified and addressed and that the public involvement process is open and accountable. The various means of involving the public in the negotiating process are tailored to meet the circumstances of each particular land claim negotiation.
Ontario currently uses a range of public consultation and involvement methods such as:
- newsletters and fact-sheets sent to local municipal officials and affected parties and the media
- public meetings, open houses and workshops
- advisory committees to the negotiator, consisting of representatives of the affected public
- with the agreement of the negotiating parties, a formal side table to the negotiation may be created for affected parties to discuss specific matters with the First Nation, Ontario and Canada
- on complex claims with many affected interests, Ontario may invite a representative (e.g. from municipal government) to participate as a member of the Ontario negotiating team.
When the settlement of the land claim will likely involve a transfer of Ontario Crown land or where it affects local public or private interests, Ontario seeks to negotiate an agreement with the Aboriginal claimant and the federal government regarding their participation in public consultations.
Ontario provides information to local affected parties regarding the general basis on which a particular claim is being negotiated. However, disclosure of information must not compromise Ontario's negotiating position or its position in possible court actions.
What is Ontario's approach to private property and Crown land uses?
Access to private property is assured.
Ontario will not expropriate private property to reach a land claim settlement. However, the province may agree to buy land from an owner on a willing seller/willing buyer basis where it will help achieve a satisfactory settlement.
Existing Crown land uses are taken into consideration during the negotiations. Potential impacts on existing uses are minimized as much as possible. For example, Crown land leases, easements, mining claims, timber allocations, and other licenses and permits will not be revoked during their term. Public involvement in land claim negotiations helps Ontario to determine the best way to address local interests.
Negotiated settlement agreements contain appropriate legal releases and indemnities that achieve greater certainty for people potentially affected by a land claim. Settlements bring closure to the issues under negotiation, including issues of access and title to land, natural resources and private property.
Contact:
Director
Negotiations Branch
Ontario Ministry of Aboriginal Affairs
Phone: 416-326-4740
Fax: 416-326-0542
