Occupancy, Land Rights and the Algonquin Anishinaabeg

Abstract

This article is about Indigenous territorial title and land rights, and specifically those of the Algonquin Anishinaabeg Nation. In 1983, the Algonquins of Pikwàkanagàn, residing in the province of Ontario, petitioned the Crown to recognize Algonquin territorial title and rights to 36,000 square kilometres of their natal homelands in the Ottawa River watershed. With negotiations beginning in the early 1990s, an Agreement-in-Principle was developed and ratified in 2016, the penultimate step to the largest modern treaty in Ontario's history. In this article, we examine the argument for moral rights to territory, not in terms of the Canadian or international legal order, nor even through examining the documents and voice of the Algonquin Anishinaabeg, but through the lens of an argument that has been advanced as the basis of the international territorial rights of states. We argue that the justifications for state rights territory - grounded in the considerations that ensue from an analysis of occupancy groups - provides a stronger claim to territorial jurisdiction and title in the case of the Algonquin Anishinaabeg Nation than the competing claim by the Canadian state.