Understanding proposed “First Nations Property Ownership Act” and private sale of reserve lands
The Government’s Drive To Convert Reserves To Private Property: An Old Dream Revived
From the Four Arrows Summary of an Old and Modern Debate Newsletter
"The party line is that reserves are impeding the economic and social development of First Nation communities. Only when an Indian family is a proud owner of its own home, it is argued, will they take pride in their surroundings, followed by a move to the cities where they will gain useful employment and be happy ever after. Indians should be done a favour by permitting them to sell their reserves.
Thus, having the privilege of owning private property has replaced the lofty goal of “enfranchisement” in the minds of those Canadians who still in the 21st Century are grappling with their “Indian problem”.
The evolution of “enfranchisement” has followed this chronology ... (page 1)
2010: Behind the scenes, Indian Affairs promotes private ownership of reserve lands as the solution to First Nations economic and social development.
The proposed Bill is being openly advocated by the First Nations Tax Commission, 3 a federal agency whose chair and members are appointed by the Minister of Indian Affairs. The Commission received $5,527,335 in 2009-2010 plus an additional $248,000 “to build strong governance”. As a federal agency, it is subject to the Access to Information Act. (page 7)
Woodward & Company is a Victoria, B.C. law firm which states it is a full-service law firm working with First Nations, Aboriginal organizations, Aboriginal companies and Tribal Associations. We support our clients in achieving self-determination, justice, sustainable economic development and compensation. Its website: http://www.woodwardandcompany.com/ On 1 November 2010, the firm published a paper on “First Nation Property Ownership” which shed much light on the highpressure publicity campaign which has been promoting the conversion of reserve lands to fee simple title. (page 7)
The proposed “First Nations Property Ownership Act” is an initiative that would “permit First Nations who wish to hold the legal title to their lands to do so; and ... to do so without risking the loss of their governance powers...no matter what ownership rights the First Nations may themselves decide to allow.”
In addition to allowing for First Nation ownership of lands, and the ability of First Nations to grant fee simple titles, proponents argue that proposed Act could bring the following benefits:
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to allow First Nations to manage land and make land and development laws without the involvement of the federal government;
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to enable use of land as security (e.g., mortgages);
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to enable registration of interests in land in a Torrens-style registry, increasing certainty and greatly reducing transaction costs;
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to provide options to ensure that reserve property can be transferred to non-status members.