Akimiski Island, Nunavut, Canada: The Use of Cree Oral History and Sea-Level Retrodiction to Resolve Aboriginal Title

Leonard J.S Tsuji,Zachariah General,Jorie Clark,Evelyn Powell,Konstantin Latychev,Jerry X Mitrovica,Stephen R.J Tsuji

doi:10.14430/arctic71481

Abstract

On 1 April 1999, Akimiski Island of the western James Bay region of northern Ontario, Canada, was included in the newly formed territory of Nunavut, Canada—an Inuit-dominated territory—even though the Inuit had never asserted Aboriginal title to the island. By contrast, the Omushkegowuk Cree of the western James Bay region have asserted Aboriginal title to Akimiski Island. The Government of Canada by their action (or inaction) has reversed the onus of responsibility for proof of Aboriginal title from the Inuit to the Cree. In other words, the Government of Canada did not follow their own guidelines and the common-law test for proof of Aboriginal title. In this paper, we documented and employed Cree oral history as well as a sea-level retrodiction (based on state-of-the-art numerical modeling of past sea-level changes in James Bay), which incorporated a modified ICE-6G ice history and a 3-D model of Earth structure, to establish that criterion 2 of the test for Aboriginal title has now been fully met. In other words, Cree traditional use and occupancy of Akimiski Island was considered sufficiently factual at the time of assertion of sovereignty by European nations. As all the criteria of the common-law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, have now been addressed, the Cree have sufficient basis to initiate the process of a formal land claim.

Highlights

Present-day Canada was created through land acquisitions
In 1870, Rupert’s Land and the North-Western Territory would be acquired by the Dominion of Canada through an Imperial (British) Order-in-Council; these lands would be amalgamated to form the Northwest Territories (Figs. 1 and 2) (Cauchon and Cockburn, 1867; Rupert’s Land and North-Western Territory – Enactment No 3, 1870)
This document asserted that Indian lands had to be acquired through consent

Summary

Introduction

Present-day Canada was created through land acquisitions. When the Dominion of Canada was formed in 1867, only the provinces of Ontario, Quebec, New Brunswick, and Nova Scotia were included in the boundaries of the new country, and the provinces of Quebec and Ontario were only a fraction of their present size (Fig. 1). In 1870, Rupert’s Land and the North-Western Territory would be acquired by the Dominion of Canada through an Imperial (British) Order-in-Council; these lands would be amalgamated to form the Northwest Territories 1 and 2) (Cauchon and Cockburn, 1867; Rupert’s Land and North-Western Territory – Enactment No 3, 1870). The Canadian government would have to compensate “Indians,” as it was recognized that Indians had claims to these lands (Cauchon and Cockburn, 1867; Rupert’s Land and North-Western Territory – Enactment No 3, 1870). The British Crown had recognized Indians’ rights to land in North America through the Royal Proclamation of 1763 (INAC, 2016). In keeping with Indian land rights in North America, treaties between the Government of Canada and Indian groups had to be signed (AANDC, 2019)

Methods

Results

Conclusion