Native American and aboriginal nations hold that such land rightly belongs to them under international treaties. Section Thirty-five of the Constitution Act, 1982, part of the Constitution of Canada, guarantees rights gained by way of treaty or land claims agreement. Arguably, in some cases this could be true under U.S. law, since the U.S. Constitution states:
all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land|20px|20px|Article VI
For example, in 1980, the U.S. Supreme Court awarded the Lakota nation a settlement for the taking of the Black Hills, land considered sacred by Native Americans, in violation of the Treaty of Fort Laramie. The Lakota, however, refused to accept a monetary settlement and continue to demand that their ancestral land be returned to them.
Another specific case of unceded territory, is the province of British Columbia, Canada. As a part of the Royal Proclamation of 1763, which is recognized in the Section Twenty-five of the Canadian Charter of Rights and Freedoms, it was required that the Government of Canada make treaties with each of the Indigenous nations over land as they expanded west. In the case of British Columbia, very few agreements were ever negotiated (except for pre-Confederation Vancouver Island treaties), and this has left a legacy of unsettled land claims issues throughout the province.
Local Elder Marie Eshkibok Trudeau and her grandson pose for a picture with a local dancer who was part of the entertainment portion at the 4th annual Youth Symposium, held on the Wikwemikong Unceded Reserve from March 15 to 18.(ONTARIO BIRCHBARK: Windspeaker's Special Section serving the Aboriginal People of Ontario)
May 01, 2007; [ILLUSTRATION OMITTED] Caption: Local Elder Marie Eshkibok Trudeau and her grandson pose for a picture with a local dancer who...