Beyond the Indian Act: Restoring Aboriginal Property Rights

Category: Book
By (author): Alcantara, Christopher
By (author): Flanagan, Tom
By (author): Le Dressay, André
Subject:  LAW / Indigenous Peoples
  POLITICAL SCIENCE / Public Policy / General
  SOCIAL SCIENCE / Ethnic Studies / Native American Studies
Publisher: McGill-Queen's University Press
Published: July 2011
Format: Book-paperback
Pages: 248
Size: 9.00in x 6.00in x 0.60in
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Additional Notes

From The Publisher*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.
From The Publisher*While land claims made by Canada's aboriginal peoples continue to attract attention and controversy, there has been almost no discussion of the ways in which First Nations lands are managed and the property rights that have been in place since the Indian Act of 1876. Beyond the Indian Act looks at these issues and questions whether present land practices have benefited Canada's aboriginal peoples. Challenging current laws and management, this illuminating work proposes the creation of a new system that would allow First Nations to choose to have full ownership of property, both individually and collectively.
Review Quote*"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
Review Quote*"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
Review Quote*"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 favourabl
Biographical NoteTom 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 sci