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. We Can Write Custom Essays on Aboriginal Rights for You! Obviously, it is hardly possible to understand the current problems of aboriginal people of Canada without the brief analysis of the historical background of these problems. 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. 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. As it has been already mentioned, aboriginal people were traditionally discriminated and occupied the lower places in Canadian socio-economic hierarchy.
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. 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 1973 (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.
In actuality, it is possible to estimate that that land claims of aboriginal people are an effective legal way of the protection of their rights either through negotiations or courts rulings. In this respect, it should be said that land claims of aboriginal people are based on the their rights and legislative acts implemented mainly in the second half of the 20th century. Speaking about the claims, it should be pointed out that they may be divided into two major categories: comprehensive claims and specific claims. Comprehensive claims mainly deal with unfinished businesses of treaty-making in Canada. As a rule, these claims arise in areas of Canada where aboriginal land rights have not been dealt by with treaty or with other legal means. In such situations, modern, forward-looking treaties are negotiated the aboriginal group, Canada and the territory or province. Also, there are specific claims which basically deal with past grievances of aboriginal people, which may be also called as First Nations.
These grievances relate to Canada’s obligations under historic treaties or the way it managed First Nations funds or other assets (Miller, 134). Specific claims also arise from the improper administration of lands under the Indian Act or other formal agreements. Obviously, the land claims of aboriginal people resulting in negotiations or court decisions are the result of the growing civil rights consciousness of aboriginal people. At the same time, land claims also have socio-economic and political background, which naturally affects the legal decisions of the problems of aboriginal people. To put it more precisely, land claims are often motivated by socio-economic factors because aboriginal people naturally want to benefit from the use and management of land that historically belonged to them. Moreover, in the current situation, the ownership and use of land may become a source of the socio-economic prosperity of aboriginal community. On the other hand, it is necessary to remember about the possibility of the misuse of land by non-aboriginal people. What is meant here is the fact that there were the cases when lands, which aboriginal people claimed to be of their own, were used by some companies in their own interests, for instance, for output of natural resources. Thus, taking into account all above mentioned, it is possible to conclude that aboriginal rights and land claims are closely interlinked. In fact, land claims may be viewed as the attempt of aboriginal people to protect their civil rights and get to be really equal to other Canadians. All free online essays, sample essays and essay examples on Aboriginal Rights topics are plagiarized and cannot be completely used in your school, college or university education. We work with experienced PhD and Master’s freelance writers to help you with writing any academic papers in any subject! We guarantee each customer great quality and no plagiarism!
The reporters, like their viewers, often make false assumptions based on the opinions of “professionals.” Due to the lack of “news,” reporters interviewed Mohammad’s father on CNN. Mohammad’s father’s relationship to the case is unknown. The father had not seen Mohammad in four years, nor were the viewers able to understand anything he said due to “technical difficulties” and the fact that he spoke with a Jamaican accent. As long as the interview draws in viewers, the station is content, despite the fact that the viewers gain no knowledge from watching the program. When “battling for scraps of information” to draw in viewers, reporters often let things “get out of control”(Drew). The news deals with actual events in our communities; it has an enormous impact on our lives. Therefore, the media has the power to shape the public’s opinion. Due to the media’s effect on the sniper case, a federal judge has refused to allow open access to the court hearing for 17-year-old John Lee Malvo.