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Land Rights

The Land Back Movement: Understanding Indigenous Land Reclamation in Canada

Professor James OkanaganFebruary 10, 20268 min read4,890 views

Indigenous peoples gathering on traditional prairie land in an assertion of territorial rights

What Is Land Back?

Land Back is a political movement and rallying cry that calls for the return of land, governance, and resources to Indigenous peoples. While the phrase is simple, its implications are profound — it challenges the very foundations of the Canadian state and asks non-Indigenous Canadians to reckon with the ongoing nature of colonization.

It is important to understand that Land Back does not uniformly mean that all settlers must leave their homes. Rather, it encompasses a spectrum of demands — from the literal return of Crown lands to Indigenous control, to the recognition of Indigenous jurisdiction over traditional territories, to the return of decision-making power over lands and waterways.

Legal and Political Context

The legal basis for Land Back claims is strong. Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights. The Supreme Court of Canada has consistently ruled that Indigenous peoples hold Aboriginal title to their traditional territories where that title has not been lawfully extinguished by treaty.

"The land was never ceded. Treaties were agreements of sharing, not surrender. Land Back is simply asking Canada to honour its own laws."

— Hayden King, Anishinaabe scholar

Notable Land Returns

Several significant land returns have occurred in recent years:

  • Haida Gwaii: The 2009 Haida Heritage Act formalized co-management of the archipelago's land and waters.
  • Algonquin Land Claim: The ongoing negotiation involves more than 1 million hectares in Ontario and Quebec.
  • Tahltan Territory: Increasing Tahltan oversight of mining and resource projects in northern BC.
  • Grassy Narrows: The Asubpeeschoseewagong Anishinabek gained a veto over forestry on their territory in 2018.

The Role of Reconciliation

The TRC's Calls to Action and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted into Canadian law through Bill C-15, both point toward genuine land-based reconciliation. For many Indigenous advocates, reconciliation without Land Back is incomplete — an acknowledgment of history without addressing its ongoing material consequences.

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Professor James Okanagan

Professor Okanagan teaches Indigenous Studies at the University of British Columbia and is a member of the Syilx Okanagan Nation.