Beyond the Indian Act: Restoring Aboriginal Property Rights

by Tom Flanagan, Christopher Alcantara, André Le Dressay

Overview

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.

Product Details

ISBN-13:	9780773581845
Publisher:	McGill-Queens University Press
Publication date:	02/08/2010
Sold by:	Barnes & Noble
Format:	eBook
File size:	19 MB
Note:	This product may take a few minutes to download.

About the Author

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.
Tom Flanagan is professor emeritus of political science, University of Calgary, and a fellow of the Royal Society of Canada.

Table of Contents

Foreword C.T. (Manny) Jules vii

Acknowledgments xv

Introduction 3

Part 1 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 2 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 3 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

Postscript to the Paperback Edition 2011 183

Appendix: Announcement of the Nisga'a Landholding Transition Act 185

Notes 187

Index 217

Editorial Reviews

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 S10 were, they report, predominantly favourabl


"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


"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

From the Publisher