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Beyond the Indian ActRestoring Aboriginal Property Rights |
eBook Available
Should Canada's First Nations have full ownership of reservation lands?
While land claims made by Canada's aboriginal peoples continue to attract attention and controversy, there has been almost no discussion of the ways in which First Nations lands are managed and the property rights that have been in place since the Indian Act of 1876. Beyond the Indian Act looks at these issues and questions whether present land practices have benefited Canada's aboriginal peoples. Challenging current laws and management, this illuminating work proposes the creation of a new system that would allow First Nations to choose to have full ownership of property, both individually and collectively.
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages.
An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages.
An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Details
248 Pages, 6 x 9
8 tables
ISBN 9780773536869
February 2010
Formats: Paperback, Cloth, eBook
"You don't have to travel to Zambia or Peru to see dead capital. All you need to do is visit a reserve in Canada. First Nation people own assets, but not with the same instruments as other Canadians. They're frozen into an Indian Act of the 1870s so they can't easily trade their valuable resources. Beyond the Indian Act provides strategies to correct this so First Nation people can generate wealth in a manner that other Canadians take for granted." Hernando de Soto, President, Institute for Liberty and Democracy
"Anyone who is concerned with the welfare of First Nations in Canada will be interested in this book. This coherent and in-depth work covers a wide array of issues and shows that full property rights for aboriginal peoples are long overdue." Moin A. Yahya, Faculty of Law, University of Alberta
“Beyond the Indian Act shows what can be done, and what is being done, to alleviate poverty and the wretched housing conditions on Indian reservations. It might be the most important book on Aboriginal Affairs in Canadian history.” Janet Ajzenstat, professor emeritus of political science, McMaster University.
“This second edition of the book contains a postscript which reports on the reception given to the authors’ proposal for a First Nations Property Act. Responses to a promotional tour by the authors in spring 2010 were, they report, predominantly favourable. Although the Assembly of First Nations passed a resolution at its annual general meeting in July 2010 which condemned the notion of a First Nations Property Act, positive responses from ten First Nations were elicited by spring 2011. Subsequent developments, in 2012, in western Canada, have revealed complex patterns of conflict about property ownership and economic development within and between First Nations. These recent developments, including Aboriginal peoples’ property ownership in urban areas, are likely to sustain discussion of Aboriginal property rights.” British Journal of Canadian Studies
"Anyone who is concerned with the welfare of First Nations in Canada will be interested in this book. This coherent and in-depth work covers a wide array of issues and shows that full property rights for aboriginal peoples are long overdue." Moin A. Yahya, Faculty of Law, University of Alberta
“Beyond the Indian Act shows what can be done, and what is being done, to alleviate poverty and the wretched housing conditions on Indian reservations. It might be the most important book on Aboriginal Affairs in Canadian history.” Janet Ajzenstat, professor emeritus of political science, McMaster University.
“This second edition of the book contains a postscript which reports on the reception given to the authors’ proposal for a First Nations Property Act. Responses to a promotional tour by the authors in spring 2010 were, they report, predominantly favourable. Although the Assembly of First Nations passed a resolution at its annual general meeting in July 2010 which condemned the notion of a First Nations Property Act, positive responses from ten First Nations were elicited by spring 2011. Subsequent developments, in 2012, in western Canada, have revealed complex patterns of conflict about property ownership and economic development within and between First Nations. These recent developments, including Aboriginal peoples’ property ownership in urban areas, are likely to sustain discussion of Aboriginal property rights.” British Journal of Canadian Studies
Tom Flanagan is professor of political science at the University of Calgary and author of Harper's Team: Behind the Scenes in the Conservative Rise to Power and First Nations? Second Thoughts.
Christopher Alcantara is assistant professor of political science at Wilfrid Laurier University.
André Le Dressay is director of Fiscal Realities Economists and holds a PhD in economics from Simon Fraser University.
C.T. (Manny) Jules is chief of the First Nations Tax Commission and a former chief of the Kamloops Indian Band.
Christopher Alcantara is assistant professor of political science at Wilfrid Laurier University.
André Le Dressay is director of Fiscal Realities Economists and holds a PhD in economics from Simon Fraser University.
C.T. (Manny) Jules is chief of the First Nations Tax Commission and a former chief of the Kamloops Indian Band.
Beyond the Indian Act
Tom Flanagan, Christopher Alcantara and André Le Dressay
Table of Contents
Foreword vii
Manny Jules
Acknowledgments xv
Introduction 3
PART ONE - PEOPLES AND PROPERTY
1 Property Rights in General 13
2 The Panorama of Indian Property Rights 30
3 A Failed Experiment: The Dawes Act 42
PART TWO - LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT
4 The Legal Framework of the Indian Act 57
5 Customary Land Rights on Canadian Indian Reserves 73
6 Certificates of Possession and Leases: The Indian Act Individual Property Regimes 91
7 The First Nations Land Management Act: An Alternative to the Indian Act 108
PART THREE - BEYOND THE INDIAN ACT
8 Why Markets Fail on First Nations Lands 123
9 Escaping the Indian Act 137
10 Back to the Future: Restoring First Nations Property-Rights Systems 160
Appendix: Announcement of the Nisga’a Landholding
Transition Act 183
Notes 185
Index 215
Tom Flanagan, Christopher Alcantara and André Le Dressay
Table of Contents
Foreword vii
Manny Jules
Acknowledgments xv
Introduction 3
PART ONE - PEOPLES AND PROPERTY
1 Property Rights in General 13
2 The Panorama of Indian Property Rights 30
3 A Failed Experiment: The Dawes Act 42
PART TWO - LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT
4 The Legal Framework of the Indian Act 57
5 Customary Land Rights on Canadian Indian Reserves 73
6 Certificates of Possession and Leases: The Indian Act Individual Property Regimes 91
7 The First Nations Land Management Act: An Alternative to the Indian Act 108
PART THREE - BEYOND THE INDIAN ACT
8 Why Markets Fail on First Nations Lands 123
9 Escaping the Indian Act 137
10 Back to the Future: Restoring First Nations Property-Rights Systems 160
Appendix: Announcement of the Nisga’a Landholding
Transition Act 183
Notes 185
Index 215
Shortlisted
Donner Prize
Donner Canadian Foundation (2011)
Donner Prize
Donner Canadian Foundation (2011)
