Overlawyered: Chronicling The High Cost Of Our Legal System

Indian land claim roundup

* New Jersey: “A federal judge in Camden last week dismissed a lawsuit filed by a band of American Indians seeking to reclaim land they said the state sold out from under them more than 200 years ago. The Unalachtigo band of the Nanticoke-Lenni Lenape Nation demanded the return of 3,044 acres of the former Brotherton Reservation, which sits mostly in Shamong Township in Burlington County.” [Philadelphia Inquirer; Camden Courier-Post/Red Lake Net News, 2006 (expensive law firm of Reed Smith was representing tribal band, which was angling for casino rights)].

* A new C$550 billion land claim launched by the Whitefish Lake tribe (or “First Nation”, to adopt progressive Canadian terminology) includes the entire city of Sudbury, Ontario [Timmins Press, Sudbury Star]

* Second Circuit panel due this week to hear appeal on upstate New York Oneida claim, in which ejectment of current landowners is apparently (for the moment) off table as option [Rome [N.Y.] Sentinel; earlier on Indian land claim litigation].

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4 Comments

  • The term “First Nation” is indeed politically correct, but its neutral equivalent in Canada is not “tribe”. In Canada the unit of Indian government is the “band”. A band typically consists of one main settlement but may contain more than one. Bands may unite to form a “tribal council”, but many bands do not belong to any tribal council. Tribal councils serve mainly for joint delivery of services; bands are generally loath to delegate much power to their tribal council. The term “tribe” has no legal meaning in Canada. It is occasionally used to refer to an ethnic group without respect to political divisions, e.g. “the Mohawk tribe”, but this usage is relatively rare due to the preference for “nation”, e.g. “the Mohawk nation”.

    Also note that “First Nation” is not exactly equivalent to “aboriginal”. Canadian law recognizes three types of “aboriginal” person: Indian, metis, and Inuit. Only Indians are considered “First Nations”.

  • Very helpful clarification, thanks.

  • I prefer the term “second-most-recent nation”. Over the long haul, countries are fleeting things.

    • By Aric

  • Ontario first nation claims Sudbury…

    Some might say they can have it.  Oh, and they want over half a trillion dollars as well.
    First Nation's land claim seeks $550B, entire City of Sudbury
    A First Nation is seeking $550 billion in financial compensation for the loss of land and …