Glossary - English Words and Phrases

Accommodation   ~~   to adjust something for a different situation or different circumstances, such as adjusting a plan to take into consideration the needs of other people.

Bind, binding   ~~   to obligate, require or force something. A binding traffic law of a place, such as a town or community, means that everyone who drives in that place has to follow it.

Bipartite   ~~   a two-party or two-way thing, such as an agreement between two parties.

Comprehensive Land Claim   ~   arise and are negotiated in areas of the country, such as Gespe’gewa’gi, where Aboriginal rights and title have not been previously addressed by treaty or through other legal means (such as court cases). These agreements are negotiated to create forward-looking modern-day treaties between Aboriginal claimant groups, Canada and the relevant province or territory.  Such claims always include land. While each claim is unique, these agreements usually include such things as land ownership, money, wildlife harvesting rights, participation in land, resource, water, wildlife and environmental management as well as measures to promote economic development and protect Aboriginal culture.

Euro-Canadians   ~~   Canadians whose ancestral line comes from Europe.

Eurocentric  ~~   Centered or focused on Europe or European peoples, especially in relation to historical or cultural influence. A term coined during the period of decolonization in the later 20th century to refer to the practice of viewing the world from a European perspective, with an implied belief, either consciously or subconsciously, in the superiority of European culture.

Exclusive occupation   ~~  to inhabit, live in, own, stay or utilize a place to the exclusion of any other person or group.

Framework Agreement (FA)   ~~   describes the main areas that will be talked about in depth during the later stages of claim negotiations in a Comprehensive Land Claim.

Holistic   ~~  looked at or considered as a whole thing rather than in many separate parts; for example, having a holistic view of nature means viewing all of nature as one thing, not many unconnected things.

Inherent   ~~  pre-existing, hereditary or natural.

International law    ~     the body of rules that nations generally recognize as binding in their conduct toward one another. Multi-party international law is often made through international organizations such as the U.N. International law is NOT the body of laws of a given country that govern the domestic internal workings of that country, such as the law of Canada or France or the United States.

Official language(s)   ~~  the language that is recognized as the legal language or system of words for communication in a given jurisdiction such as a nation.
 

Other Claim   ~~   claims which do not meet the strict acceptance criteria of either a "Comprehensive Land Claim" or a "Specific Claim" but which nonetheless have merit.  A number of such claims have been accepted by Canada as requiring resolution through negotiation.

Peace and Friendship Treaties   ~~  following the arrival of Europeans, the Mi’gmaq of Atlantic Canada signed a series of historically recognized treaties with British officials. As a group, these treaties are referred to as “peace and friendship treaties” because the parties were seeking agreement to live in peace and maintain friendly relations with the original inhabitants of the land, the Mi’gmaq.

Policy guidance   ~~  useful information or directions that seek to explain or outline or clarify the originator’s thinking about its regulations or rules. Policy guidance from a government agency is not a law or a regulation but a way for government to convey its suggested means or methods for complying with a regulation or law. 

Reserve System (Indian)   ~~  this is a system in Canada which, under the Indian Act, sets out a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act also specifies that, under this system, land reserved for the use and benefit of a band which is not vested in the Crown is also subject to the Indian Act.  The Reserve System was first established by the legislature of Lower Canada in 1853 and incorporated into the first version of the Indian Act.

Right   ~~   a legally, morally, or traditionally just and obligatory claim to something.

Statement of Claim   ~~   a formally prepared statement describing the claim that includes supporting materials, identification of the Aboriginal claimant group, and the general geographic area of its traditional territory.   According to policy guidance, a well-supported claim includes a clear articulation of the claim, evidence supporting it, indexes to documents and records, an enumeration of the bands involved, details of the population and geographic area of the claimant group, and a plan for addressing any potential disputes arising from overlapping claims with neighbouring Aboriginal groups.

Stewardship   ~~   conserving, preserving, managing, protecting, or safeguarding something such as a natural resource.  Exactly the opposite of destroying, wasting, neglecting, or using up.

Title   ~~~   anything that provides a ground or basis for a claim.

Treaty   ~~    an alliance, agreement, settlement or understanding entered into between nations.

 

Tripartite   ~~ a three-party or three-way thing, such as an agreement between three parties.

Without prejudice   ~~   as part of an attempt to settle a dispute or troublesome issue, the parties can make statements without prejudice.  When this is done, the contents of their statements cannot be put into evidence later on without the consent of all parties. So, if statements made without prejudice relate to an offer or a compromise on an issue, then such statements cannot be used later on as evidence that they were admissions or final offers of anything.