So the uneasy status quo was set up, allowing the vocations to go ahead as before on unoccupied Crown land
, until the land was "taken up".
The federal government knows that even "surrendered" land, if it is unoccupied Crown land
, is subject to a general Aboriginal and treaty right for hunting and traditional use.
Although a particular First Nations member may live on a reserve, the family may have continued to hunt or trap on unoccupied Crown land
outside the reserve.
Isaac referenced the 2004 Interim Metis Harvesting Agreement, which recognized the Metis right to harvest for food without a licence at all times of the year on all unoccupied Crown lands
The right of Indians to hunt and fish for food on unoccupied Crown lands
has always been recognized in Canada in the early days as an incident of their "ownership" of the land, and later by the treaties by which the Indians gave up their ownership right in these lands.
Under the NRTA, brought into force in 1930, Canada transferred to Saskatchewan all Crown lands, minerals and other natural resources within the province, subject to a number of conditions, including that Saskatchewan provide unoccupied Crown lands
if Canada needs land in order to fulfill its obligations under Treaties.
They asked for land back from Alberta to bomb unoccupied Crown lands
, so the paper work was easier for them just to take it back," he said.
Yet other lands may be unoccupied Crown lands
not subject to specific ownership by a First Nation but on which Aboriginal people still have a treaty right to hunt or trap.
Ontario has proposed, as a quick solution to the standoff, that unoccupied Crown lands
within the original Six Nations' land grant be exchanged for the disputed lands being occupied in Caledonia.
Most of the members live on the six reserves although some had traplines and hunting grounds on unoccupied Crown lands
outside the reserves, a traditional, treaty, and constitutional right.
Many Aboriginal claims deal with things like hunting rights on unoccupied Crown lands
, important rights to be sure, but not the comprehensive sorts of rights that the Haida claim over portions of Haida Gwaii.
At his trial, both the Crown and the defence agreed that Ernest Blais was a Metis and that he was hunting for food for his family on unoccupied Crown lands