Beyond the Indian Act: Restoring Aboriginal Property Rights

Description

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. Contents Foreword Acknowledgments Introduction PART ONE: PEOPLES AND PROPERTY 1 Property Rights in General 2 The Panorama of Indian Property Rights 3 A Failed Experiment: The Dawes Act PART TWO: LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT 4 The Legal Framework of the Indian Act 5 Customary Land Rights on Canadian Indian Reserves 6 Certificates of Possession and Leases: The Indian Act Individual Property Regimes 7 The First Nations Land Management Act: An Alternative to the Indian Act PART THREE: BEYOND THE INDIAN ACT 8 Why Markets Fail on First Nations Lands 9 Escaping the Indian Act 10 Back to the Future: Restoring First Nations Property-Rights Systems Appendix: Announcement of the Nisga’a Landholding Transition Act Notes Index A B C D E F G H I J K L M N O P R S T U W