Beyond the Indian Act: Restoring Aboriginal Property Rights

by Thomas Flanagan, Christopher Alcantara, André Le Dressay

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.

Genres: History, Nonfiction, Canada, Law

224 pages, Hardcover

First published February 8, 2010

About the author

Thomas Flanagan (November 5, 1923 – March 21, 2002) was an American professor of English literature who specialized in Irish literature. He was also a successful novelist. Flanagan, who was born in Greenwich, Connecticut, graduated from Amherst College in 1945. He was a tenured full - Professor in the English Department at the University of California, Berkeley until his retirement. Flanagan died in 2002, at the age of 78, in Berkeley.

He won the National Book Critics Circle Award in 1979. The Archives and Special Collections at Amherst College holds his papers.

Reviews

[Sam · Rating 4 out of 5]

A fascinating book, even if a bit scholoraly, but very readable.

I was interested in why the First Nations had such a bad reputation (poor, not wanting to work etc) but this book sheds a lot of light as to what our legal structure had enabled and hampered society in general.

While the First Nation Act had the intention to protect the First Nations against unscrupulous white bandits/traders/entrepreneurs, this has now become a major hindrance to development.

The 3 authors go through history, and case by case examine how developments have enabled an "ESCAPE" from the Indian Act in Canada, a lot quite recently ( 1990-2005).
There have been incremental steps, allowing certainty of ownership, transfer of land, and then raising property tax, that lead to an improved investment climate, resulting in the case of the Westbank First Nations property value going from 15'000$/acer in 1991 to over a million $ in 2007.

It describes the Dawas Act in the US which was a big failure (1887-1934) even if one could see the logic that was applied at that time.

I was not aware of this gradual evolution, led by the first nations, taking responsibility for their own affairs, and in effect becoming proper citizens of a land which they were in before the big waves of immigrants.

It does not have a "bitter" taste or slant, or even a "militant" bias. It just want to re-establish ordinary rights, so that the "dependancy " is removed, administration is not a complex and tremendously long & drawn affair, transparency is re-established, so that they can govern their own land.

[Julian Haigh · Rating 3 out of 5]

An interesting book, very accessible and with concrete solutions. It wasn't providing THE solution, but one solution to bring fuller property rights for the economic benefit of First Nations in Canada.