Wikwemikong First Nation: Unceded Aboriginal title to Manitoulin Island?

Abstract

The premise of the paper is that Wikwemikong First Nation still retains Aboriginal title to their reserve land and the rest of Manitoulin Island, including the portion of the Island ceded by other First Nations. Two pre-Confederation treaties or agreements---Manitoulin Island Treaties of 1836 and 1862---and surrounding circumstances are analyzed to support the premise. The Doctrine of Discovery begins the discussion of Aboriginal title followed by an overview of contrasting land ownership concepts. Wiky's historical background and Colonial and Canadian government policies and legislation that affected the community's current unceded state are examined. Aboriginal title, its nature, scope and treatment in the courts, is outlined including the necessary criteria and tests the Canadian courts require to prove Aboriginal title. After analyzing all the findings, the criteria and tests for proving existing Aboriginal title are applied to establish the validity of the paper's premise.