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.
Les mer
Answers the question: Should Canada's First Nations have full ownership of reservation lands?
Foreword Manny Jules; Acknowledgments Introduction PART ONE - PEOPLES AND PROPERTY 1 Property Rights in General; 2 The Panorama of Indian Property Rights; 3 A Failed Experiment: The Dawes Act PART TWO - LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT 4 The Legal Framework of the Indian Act; 5 Customary Land Rights on Canadian Indian Reserves; 6 Certificates of Possession and Leases: The Indian Act Individual Property Regimes; 7 The First Nations Land Management Act: An Alternative to the Indian Act PART THREE - BEYOND THE INDIAN ACT 8 Why Markets Fail on First Nations Lands; 9 Escaping the Indian Act; 10 Back to the Future: Restoring First Nations Property-Rights Systems Appendix: Announcement of the Nisga'a Landholding Transition Act Notes; Index
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"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 "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, Faculty of Law, University of Alberta " 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 spring 2010 were, they report, predominantly favourable. Although the Assembly of First Nations passed a resolution at its annual general meeting in July 2010 which condemned the notion of a First Nations Property Act, positive responses from ten First Nations were elicited by spring 2011. Subsequent developments, in 2012, in western Canada, have revealed complex patterns of conflict about property ownership and economic development within and between First Nations. These recent developments, including Aboriginal peoples' property ownership in urban areas, are likely to sustain discussion of Aboriginal property rights." British Journal of Canadian Studies
Les mer
Should Canada's First Nations have full ownership of reservation lands?

Produktdetaljer

ISBN
9780773536869
Publisert
2010-02-08
Utgiver
Vendor
McGill-Queen's University Press
Høyde
229 mm
Bredde
152 mm
Aldersnivå
UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
224

Biographical note

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. Andre 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.