Beyond the Indian Act: Restoring Aboriginal Property Rights

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McGill-Queen's Press - MQUP, Feb 8, 2010 - Law - 241 pages
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

Introduction
3
PEOPLES AND PROPERTY
11
LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT
55
BEYOND THE INDIAN ACT
121
Announcement of the Nisgaa Landholding Transition Act
183
Notes
185
Index
215
Copyright

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About the author (2010)

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

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