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SPECIAL REPORT

The Rise of the First Nations Land Management Regime in Canada: A Critical Analysis

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Federal Budget 2018 contains significant investments in the First Nations Land Management regime.

In December 2018, the First Nations Land Management Act was also amended, lowering the voting threshold for ratification and offering First Nations increased flexibility in investing or spending funds generated under the First Nations Land Management Act.

As Canada moves towards a strategy of sectoral self-governance—slowly deconstructing the Indian Act rather than negotiating all-encompassing self-governance agreements—the management of reserve lands is becoming a critical component of this model and a supposed means for First Nations to ‘catch up’ to the speed of business and build prosperity for their communities.

Though the Land Code may provide First Nations with some increased jurisdiction over reserve lands, it does not fundamentally challenge the allocation of land beyond reserves (territory). Also, by opening up reserve lands to the market, it may further contribute to the dispossession of land for First Nations people.

KEY QUESTIONS

  • What are the benefits of the FNLMA regime and the threats?
  • How are communities transformed through the land code process?
  • Does FNLMA represent a substantive form of self-determination?

Related Resources

For those First Nations which align to the government of Canada’s developed economic criteria, there are economic benefits, increased efficiencies, and the potential for new job creation on reserve. There are also: the increased burden of having to deal with the aftermath of legacy issues of the Indian Act system, increased cost and efforts to develop laws and policies, and the negation of fiduciary responsibility of the Crown.

- shalene jobin & emily riddle
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author

Shalene Jobin

Shalene Jobin

Cree and Métis, Red Pheasant Cree First Nation, Treaty Six

author

Emily Riddle

Emily Riddle

Cree and Métis, Red Pheasant Cree First Nation, Treaty Six

artist

Christi Belcourt

Christi Belcourt

apihtâwikosisâniskwêw / mânitow sâkahikanihk