Federal negotiators centered “extinguishment of aboriginal title” as the legal foundation of the settlement.
As negotiations progressed, federal policymakers emphasized the need for absolute legal clarity over land ownership. The concept of “extinguishment” was adopted to permanently eliminate aboriginal land claims in exchange for land and monetary compensation. This approach reflected broader federal policy preferences at the time, prioritizing certainty and finality over ongoing legal recognition.
Extinguishment created a one-directional legal framework: rights surrendered could not be revisited, even as governance realities evolved. Many modern shareholder frustrations trace back to this asymmetry.