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Home Policy Articles: Aboriginal: Indian Act


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Aboriginal Communities and Urban Sustainability

This article by Katherine A.H. Graham and Evelyn Peters looks at aboriginals and city life, and the policy environment that surrounds this relationship. They argue that there are certain key characteristics of the current policy milieu. First is the “jurisdictional maze” of policy and jurisprudence. The second element is that we seem to be developing a more “nuanced understanding of the characteristics of Aboriginal people living in cities”, acknowledging their inter-connectedness with the non-urban aboriginal population. The third element is the “nascent understanding” that locally-driven initiatives can be very responsive to immediate problems, even from the point of view of federal programs. Finally, the authors offer several recommendations.

Individual Property Rights on Canadian Indian Reserves

This article by Tom Flanagan and Christopher Alcantara analyzes the different regimes of private property rights which are found on Canadian Indian reserves (customary rights, certificates of possession under the Indian Act, the variety of land codes now emerging under the recently passed First Nations Land Management Act, and leases, as well as several case-specific regimes). The article aims to provide a more “nuanced and realistic portrait of one aspect of the life of Canada’s aboriginal peoples,” namely their right to property. Additionally, the authors hope that a better understanding of the role of property on Indian reserves will act as a necessary precursor to economic prosperity on said reserves.