scholarly journals First Nations Land Management Act and Third Party Interests

1969 ◽  
pp. 1047 ◽  
Author(s):  
Thomas Isaac

In 1999 the Government of Canada enacted the First Nations Land Management Act, which is designed to provide First Nations with increased control and authority over land management on Indian reserve land and to replace related provisions in the Indian Act. This article addresses concerns regarding third party interests and licences under this new Act, in that such interests may be less secure than under the old land management regime. The author then outlines some potential remedies to the existing ambiguities found in the new land management regime as a way to provide practical suggestions for First Nations to fully develop and utilize their First Nation land.

2018 ◽  
Vol 32 (1) ◽  
pp. 40-43
Author(s):  
Roger A. Boyer

The Canadian Government released a document to aid in the relationships between the Government of Canada and First Nations around the ratification and redesign of the Indian Act of 1876. The name of this document was the “White Paper.” The Federal Government's “White Paper, statement of Government of Canada on Indian Policy of 1969,” rejected the concept of special status for First Nations within confederation—they should have the same rights and responsibilities as other Canadians. The Federal Government argued treaty rights were irrelevant in today's society; the important issues demanding attention included economic, educational, and social problems. In Canada's assessment of the “savage” situation, the government could not see wellness wholistically addressing the poverty, social crises, and bleak future faced by most First Peoples was rooted in the very denial of treaty rights and humanness. This article pushes to educate health leaders about current circumstances contributing to racism.


2008 ◽  
Vol 38 (2) ◽  
pp. 226-238 ◽  
Author(s):  
Ronald Trosper ◽  
Harry Nelson ◽  
George Hoberg ◽  
Peggy Smith ◽  
William Nikolakis

This paper uses survey information to examine several common assertions about the institutional prerequisites for successful profitability when a First Nation enters an economic enterprise either independently or in joint effort with an outside firm. In the winter of 2004–2005, we interviewed managers on both the First Nations and private sides of joint ventures and other business alliances in Canada, to determine what affected their recent profitability experience. We gathered information on the ages, sizes, and activities of the firms. We also gathered information about the firms’ management structures and relationship with the First Nation, and the characteristics of the government of the First Nation. With a sample size of 40 firms that responded, we found that several institutional characteristics affected profit positively: strong separation of management from band governance, participation in management planning, and the use of staggered terms in band council elections. We found that the likelihood of profitability decreased if the band had been in third party management as well as if there was formal participation of elders or hereditary chiefs in decision making. We offer interpretations of these results.


Author(s):  
Chris Allard

This paper examines the relationship between the Government of Canada and First Nations during and after the first seven numbered treaty negotations (1867-1900). During this time, the government viewed First Nations as impediments to economic, political, and social development in western Canada. In order to secure land for newcomers and gain control of the West, the government negotiated treaties and passed legislation to control and assimilate the Aboriginal population (1876 Indian Act). As this paper explains, unjust government actions and broken government promises only made the relationship between First Nations and Canada more contentious during the late 19th century.


2015 ◽  
Vol 27 (1) ◽  
pp. 31-49
Author(s):  
Janique Dubois

In 1996, the Federation of Saskatchewan Indian Nations, the Government of Canada and the Government of Saskatchewan embarked on an ambitious project: they wanted to abandon the colonial legacy of the Indian Act and instead develop a governance framework based on partnerships between self-determining nations. Grounding negotiations in treaties, this “made in Saskatchewan” solution proposed to develop a province-wide system of First Nation governance representing over 115,000 members and seventy communities. Despite efforts to build a novel treaty-based governance framework, negotiations eventually failed. In assessing the gap between the dream and the reality of treaty-based governance in Saskatchewan, this article argues that the failure of the “made in Saskatchewan” solution lies in the parties’ inability to break away from Canada’s colonial path and fully embrace the reality that “we are all treaty people.”


2017 ◽  
Vol 45 (4) ◽  
pp. 407-413
Author(s):  
Allan Effa

In 2015 the Truth and Reconciliation Commission of Canada concluded a six-year process of listening to the stories of Canada’s First Nations, Inuit and Métis peoples. More than 6000 witnesses came forth to share their personal experiences in listening sessions set up all across the country. These stories primarily revolved around their experience of abuse and cultural genocide through more than 100 years of Residential Schools, which were operated in a cooperative effort between churches and the government of Canada. The Commission’s Final Report includes 94 calls to action with paragraph #60 directed specifically to seminaries. This paper is a case study of how Taylor Seminary, in Edmonton, is seeking to engage with this directive. It explores the changes made in the curriculum, particularly in the teaching of missiology, and highlights some of the ways the seminary community is learning about aboriginal spirituality and the history and legacy of the missionary methods that have created conflict and pain in Canadian society.


2015 ◽  
Vol 9 (2) ◽  
pp. 117 ◽  
Author(s):  
Ron Baker ◽  
Bettina Schneider

This paper explores the accountability relationship between the Government of Canada and First Nations Bands arising from Program Devolution. Reporting requirements associated with this relationship have been characterized in a 2002 Report of the Auditor General of Canada as burdensome and of little use to many of the First Nations communities that are compelled to meet them. This study examines the reporting requirements used in the Auditor General ’s report and drawing on institutional theory and accountability literature develops a theoretically informed argument positioning Program Devolution, as it was practiced, as a colonizing undertaking that undermines self-government.<br /><br />


Author(s):  
Vanessa Sloan Morgan ◽  
Heather Castleden ◽  

AbstractCanada celebrated its 150th anniversary since Confederation in 2017. At the same time, Canada is also entering an era of reconciliation that emphasizes mutually respectful and just relationships between Indigenous Peoples and the Crown. British Columbia (BC) is uniquely situated socially, politically, and economically as compared to other Canadian provinces, with few historic treaties signed. As a result, provincial, federal, and Indigenous governments are attempting to define ‘new relationships’ through modern treaties. What new relationships look like under treaties remains unclear though. Drawing from a comprehensive case study, we explore Huu-ay-aht First Nations—a signatory of the Maa-nulth Treaty, implemented in 2011—BC and Canada’s new relationship by analysing 26 interviews with treaty negotiators and Indigenous leaders. A disconnect between obligations outlined in the treaty and how Indigenous signatories experience changing relations is revealed, pointing to an asymmetrical dynamic remaining in the first years of implementation despite new relationships of modern treaty.


2018 ◽  
Vol 32 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Alika T. Lafontaine ◽  
Christopher J. Lafontaine

It is well-established that Indigenous Peoples continue to experience a lower level of health than non-Indigenous Peoples in Canada. For many health leaders, finding practical strategies to close the gap in health disparities remains elusive. In this retrospective study, we will illustrate our own experience of transformational change using design and systems thinking tools toward a primary outcome of multi-stakeholder alignment. Using this approach enabled three Indigenous Provincial/Territorial Organizations (IPTOs) representing more than 150 First Nations communities from Saskatchewan, Manitoba, and Ontario to establish the largest community-led, collaborative approach to health transformation in Canada at the time. These IPTOs have gone on to pursue some of the most ambitious health transformation initiatives in Canada and in September 2018, were granted $68 million in funding support by the Government of Canada. If health leaders are looking at an alternative approach to closing the gap in Indigenous health, alignment thinking has shown promising results.


2017 ◽  
Vol 42 (1) ◽  
pp. 5-21 ◽  
Author(s):  
Edith-Anne Pageot

Between 1974 et 1996, the Canadian artist of Mexican origin Domingo Cisneros was seen as a leading figure in contemporary art in Canada. He played a major role in the process of self-determination that First Nations artists undertook following the infamous 1969 White Paper, the Statement of the Government of Canada on Indian Policy. Cisneros was recognized both in the Native and Quebec francophone contemporary art worlds, and was internationally acclaimed within the conceptual and contextual art milieu gathered around the Polish artist Jan Swidzinski. His contribution has nevertheless been forgotten. Coinciding with his seventy-fifth birthday, this article aims to review, conceptually frame, and contextualize Cisneros’s role and impact on the Canadian art scene. It argues that his interdisciplinarity, or “indiscipline,” was instrumental in building connexions and bridges between heterogeneous values, cultural protocols, and epistemological principles.


2021 ◽  
Vol 69 (3) ◽  
pp. 873-887
Author(s):  
Ross Hickey

In this article, I ask, "What is the relationship between rules governing band council elections and property taxation across First Nations in British Columbia?" I outline the three major categories of First Nation electoral rules: default Indian Act elections, First Nations Elections Act rules, and custom election codes. I contend that First Nations who use custom election codes are more likely to exhibit stable governance than those who do not. This mechanism can be helpful in introducing property taxation. It can also reduce property tax uncertainty—a feature known to depress on-reserve property values. I also present some suggestions for First Nations wishing to improve perceptions of taxation in their communities.


Sign in / Sign up

Export Citation Format

Share Document