Beyond the Indian Act: Restoring Aboriginal Property Rights

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McGill-Queen's Press - MQUP, Feb 8, 2010 - Social Science
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.
 

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User Review  - LynnB - LibraryThing

This is a very interesting book because it brings together the unlikely partnership of Tom Flanagan -- known for his book "First Nations, Second Thoughts" -- and Manny Jules, former chief of the ... Read full review

Contents

FOREWORD
ACKNOWLEDGMENTS
INTRODUCTION
PART ONEPeoples and Property
1Property Rights in General
2The Panorama of Indian Property Rights
The Dawes Act
PART TWOLimited Property Rights under the Indian Act
The Indian Act Individual Property Regimes
An Alternative to the Indian Act
PART THREEBeyond the Indian Act
8Why Markets Fail on First Nations Lands
9Escaping the Indian Act
Restoring First Nations PropertyRights Systems
ANNOUNCEMENT OF THE NISGAA LANDHOLDING TRANSITION ACT
NOTES

4The Legal Framework of the Indian Act
5Customary Land Rights on Canadian Indian Reserves
INDEX
Copyright

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About the author (2010)

Tom Flanagan is professor of political science at the University of Calgary and a member of the Royal Society of Canada.

Christopher Alcantara is an associate professor in the Department of Political Science at Wilfrid Laurier University.

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