Beyond the Indian Act

Restoring Aboriginal Property Rights

Tom Flanagan, Christopher Alcantara, André Le Dressay

• Publisher: McGill-Queen's University Press
• Year: 2010
• Print ISBN: 9780773536869
• eBook ISBN: 9780773581845
• Topic: Social Sciences
• Subtopic: Native American Studies
• Index: Social Sciences

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.

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Contents
• Foreword
• Acknowledgments
• Introduction
• Part One ∣ Peoples and Property
• Part Two ∣ Limited Property Rights Under the Indian Act
• Part Three ∣ Beyond the Indian Act
• Appendix: Announcement of the Nisga’a Landholding Transition Act
• Notes
• Index