Aboriginal Land Tenure Reforms In Canada: A Discussion of “Beyond the Indian Act”

Authors

  • David Newhouse
  • Heather Shpuniarsky

DOI:

https://doi.org/10.29173/jaed330

Keywords:

Business And Economics, Collateral, Economic development, Empowerment, Ethnic Interests, Indigenous peoples, Land tenure, Legislation, Native North Americans, Property rights, Aboriginal Land Tenure, Aboriginal land tenure reforms, Indian Act, Indigenous economy, Indigenous land issues, Indigenous economic leadership, Indigenous community development, Indigenous community economic development, Indigenous communities in Canada

Abstract

In the words of Hernando De Soto, the co-chair with Madeline Albright of the UN Committee for Legal Empowerment of the Poor, "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."

References

Bartlett, Richard. 1990. Indian Reserves and Aboriginal Lands in Canada: A Homeland. Saskatoon: University of Saskatchewan, Native Law Centre.

Baxter, James, & Michael Trebilcock. 2009. “Formalizing’ Land Tenure in First Nations: Evaluating the Case for Reserve Tenure Reform”. Indigenous Law Journal 7(2): 45–122.

De Soto, Hernando. 1986. The Other Path: The Invisible Revolution in the Third World. New York: Harper Collins.

De Soto, Hernando. 2000. The Mystery of Capital. Why Capitalism Triumphs in the West and Fails Everywhere Else. New York: Basic Books.

First Nations Commercial and Industrial Development Act. 2005.

First Nations Goods and Services Tax Act. S.C. 2003, c. 15, s. 67.

First Nations Fiscal and Statistical Management Act. S.C. 2005, c. 9.

First Nations Lands Management Act. S.C. 1999, c. 24.

First Nations Sales Tax on Selected Products Act. 1997.

Gitxsan Treaty Team. 2008. Alternative Treaty Model: “Gitxsan Reconciliation”. Available at <http://tools.bcweb.net/images/74e41ac4faaf693c0571fc94e9b2bfae/Governance.pdf

Flanagan, Tom, Christopher Alcantara & Andre Le Dressay. 2010. Beyond the Indian Act: Restoring Aboriginal Property Rights. Montreal: McGill-Queen’s University Press.

Government of Canada. 1969. Statement of the Government on Indian Policy. Ottawa: Queen’s Printer.

Hawthorn, H.B., & M.A. Tremblay. 1969. A Survey of the Indians of Canada. A Report on Economic, Political, Educational Needs and Policies in Two Volumes. Ottawa: Queen’s Printer.

Milloy, John S. 1991. “The Early Indian Acts: Developmental Strategy and Constitutional Change”. In Sweet Promises: A Reader on Indian–White Relations in Canada, edited by J.R. Miller. Toronto: University of Toronto Press.

Miller, J.R. 2009. Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada. Toronto: University of Toronto Press.

Royal Commission on Aboriginal Peoples. 1996. Report of the Royal Commission on Aboriginal Peoples. Ottawa: Canada Communications Group.

Taylor, Greg. 2008. The Law of the Land: the Advent of the Torrens System in Canada. Toronto: Osgoode Society for Canadian Legal History.

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Published

2013-01-01

Issue

Section

Lessons From Research