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Unpublished Opinions
My name is Jason (Rotisken'rakehte) Arbour, Appointed Chief and Legal Representative of Kana:tso Kaniengehaga First Nation. In 1903 my family/band was disbanded from our Indian resserve and place of origin at Gatineau, Quebec. To date, I have been chosen to raise awareness and respectfully represent our community's legal interest of re-establish our historical rights to our traditional territory at the Chaudiere Falls.
I am indigenous to the Ottawa-Hull region of Canada. I was born and raised in Ottawa and I am happily maried with five boys and one grandaughter.
What Constitutes Aboriginal Title?
Constituting aboriginal title can be very complex or even an emotionally sensitive subject, especially, if there is more than one Nation claiming spiritual and vested interest to the same territory.
- the aboriginal group is and was an organized society;
- the organized group has occupied a specific territory over which it asserts aboriginal title from time immemorial, and the traditional use and occupancy of the territory must have been sufficient to be established fact at the time of assertion of sovereignty by European nations;
- the occupation of the territory by the Aboriginal party was largely to the exclusion of other organized societies;
- the aboriginal group can demonstrate some continuing current use and occupancy of the land for traditional purposes;
- the group's Aboriginal title and rights to resources use have not been dealt with by treaty; and
- aboriginal title has not been eliminated by other lawful means.
- clear articulation of claim;
- evidence supporting the claim;
- a good document index;
- an index to records researched;
- the number of aboriginal bands involved in the claim;
- the population of the claimant group;
- the geographical area of the claim; and
- a plan to address potential disputes arising from overlapping claims with neighboring aboriginal groups;
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