Call to Action # 52

We call upon the Government of Canada, provincial and territorial governments, and the courts to adopt the following legal principles:

  1. Aboriginal title claims are accepted once the Aboriginal claimant has established occupation over a particular territory at a particular point in time.
  2. Once Aboriginal title has been established, the burden of proving any limitation on any rights arising from the existence of that title shifts to the party asserting such a limitation.

Why “Not Started”?

The federal, provincial and territory governments continue to ignore and override Aboriginal title as evidenced by the increasing number of court cases across the country initiated by First Nations, Métis and Inuit.

The Directive of Civil Litigation Involving Indigenous Peoples” released on Jan. 11, 2019 provides guidance on the Government of Canada’s litigation strategy but does not directly address the issues in Call to Action 52 i-ii specific to Aboriginal title. Very little movement by the provinces and territories in advancing this C2A..

Current Status

Not Started

Call to Action
last updated

February 01, 2019

Latest Updates

Actions and Commitments

Explore by Stakeholder

Explore by Themes

Directive on Civil Litigation

Read more

Top 10 Uncertainties of Aborig. Title after Tsilhqot’in

Read more

Canada’s Prove-it Approach to Aboriginal Title

Read more