Beyond the Indian Act :

"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.

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." - Provided by Publisher

Call Number: 
KE7739 .L3 F53 2010
Title Responsibility: 
Tom Flanagan, Christopher Alcantara, André Le Dressay.
Author Information: 
Tom Flanagan is a Senior Fellow of the Fraser Institute, Professor Emeritus of Political Science and Distinguished Fellow at the University of Calgary. He is also Chair of Aboriginal Futures at the Frontier Centre for Public Policy. He was elected to the Royal Society of Canada in 1996. Dr. Flanagan managed Stephen Harper's campaigns and has authored many articles and books, including Harper's Team: Behind the Scenes in the Conservative Rise to Power and First Nations? Second Thoughts. His books have won six prizes, including the Donner-Canadian Prize for best book of the year in Canadian public policy. Christopher Alcantara is an Associate Professor of Politcal Science at the University of Western Ontario. His book, Negotiating the Deal, won the American Political Science Association's S.M. Lipset Best Book Award for 2017. Dr. Alcantara's research examines the roots of collective action and intergovernmental cooperation in Canada, particualry between Indigenous communities and the three levels of government. André Le Dressay is Director of Fiscal Realities Economists and holds a PhD in Economics from Simon Fraser University. He has significant experience with First Nation governments, financial modeling, education, and database design. Dr. Le Dressay has written numerous academic and consulting reports in his areas of expertise: transaction costs, economic impact assessments, First Nation tax systems, and institutional analysis.
Production Place: 
Montréal :
Producer: 
McGill-Queen's University Press,
Production Date: 
c2010.
Band Tribe Geography Time: 
Multiple Nations
Reviews: 

Cramer, R.A. "Flanagan, Tom. Beyond the Indian Act: restoring aboriginal property rights." CHOICE: Current Reviews for Academic Libraries, Dec. 2010, p. 777. Book Review Index Plus, http://link.galegroup.com/apps/doc/A249222279/BRIP?u=utoronto_main&sid=B....

Epp, Jared. "Beyond the Indian Act: Restoring Aboriginal Property Rights." Saskatchewan Law Review, Summer 2011, pp. 298-300. Book Review Index Plus, http://link.galegroup.com/apps/doc/A267295425/BRIP?u=utoronto_main&sid=B....

Millette, Daniel. "Beyond the Indian Act: Restoring Aboriginal Property Rights." BC Studies, no. 168, 2010, p. 103. Book Review Index Plus, http://link.galegroup.com/apps/doc/A249959376/BRIP?u=utoronto_main&sid=B....

Pasternak, Shiri. "Beyond the Indian Act: Restoring Aboriginal Property Rights." Canadian Journal of Native Studies, vol. 30, no. 2, 2010, p. 424+. Book Review Index Plus, http://link.galegroup.com/apps/doc/A286519356/BRIP?u=utoronto_main&sid=B....

Todd, Roy. "Tom Flanagan, Christopher Alcantara and Andre Le Dressay, Beyond the Indian Act: Restoring Aboriginal Property Rights." British Journal of Canadian Studies, vol. 26, no. 1, 2013, p. 152. Book Review Index Plus, http://link.galegroup.com/apps/doc/A324590961/BRIP?u=utoronto_main&sid=B....

Turpel Lafond, Mary Ellen. "Beyond the Indian Act: Restoring Aboriginal Property Rights." University of Toronto Quarterly, vol. 81, no. 3, 2012, pp. 714-718. Book Review Index Plus, http://link.galegroup.com/apps/doc/A337575103/BRIP?u=utoronto_main&sid=B....

Catalogue Key: 
7006539