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"You don't have to travel to Zambia or Peru to see dead capital. All you need to do is visit a reserve in Canada. First Nation people own assets, but not with the same instruments as other Canadians. They're frozen into an Indian Act of the 1870s so they can't easily trade their valuable resources. Beyond the Indian Act provides strategies to correct this so First Nation people can generate wealth in a manner that other Canadians take for granted." Hernando de Soto, President, Institute for Liberty and Democracy
Product Description
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 benefitted 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.
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5 of 6 people found the following review helpful:
2.0 out of 5 stars
A question of vertification,
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This review is from: Beyond the Indian Act: Restoring Aboriginal Property Rights (Hardcover)
Beyond the Indian Act is informative if you wish to understand the history of First Nation governance of our land by the Indian Act. Mr. Flanagan is hoping to to convince First Nations by basing his loose research on inferences about our land dealings before the Europeans came to this country. Largely unsubstantiated and a lot of inference by the writers. In one instance he uses Nipissing First Nation as an example of how the First Nations Land Management Act can work for non-native business the only trouble is that all the businesses quoted are First Nations and the only Canadian business was there before the act was put in place. One simple phone call during his research could have solved that problem. Basically a weak attempt to convince First Nations to change their thinking about sharing the land versus dividing up First Nations into fee simple lots and of course the disintegration of aboriginal land base as we know it. His concern is for our economic benefit, but I really think it's in the best of interest of the government that we dissolve under this plan.
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