Montreal Gazette

First Nations fear land grab

New rules allowing ownership on reserves seen as attempt to control resources

- JASON FEKETE

OTTAWA — Aboriginal leaders say they’re worried that expected legislatio­n from the Harper government allowing native bands and their members to own and sell reserve lands is an attempt by Ottawa and corporatio­ns to cash in on First Nations natural resources.

The federal government announced in the March budget its “intent to explore” with interested First Nations the option of proceeding with legislatio­n that would allow more than 600 First Nations communitie­s to voluntaril­y introduce private property ownership on reserve lands.

Many aboriginal leaders — including newly re-elected Assembly of First Nations national Chief Shawn Atleo — strongly oppose the initiative. They are concerned that transferri­ng property rights could lead to non-natives controllin­g First Nations land, and some worry the legislatio­n is an attempt by Ottawa and the provinces to seize control of lucrative petroleum and mineral rights on reserves.

“This act is essentiall­y a big oil and mineral land grab. This contemplat­ed legislatio­n isn’t in any stretch of the imaginatio­n for our own benefit,” said Pam Palmater, academic director of the Centre for Indigenous Governance at Toronto’s Ryerson University and runner-up to Atleo in the race for AFN national chief.

“This is how you transfer ownership from First Nations to (pipeline) and mining companies,” she added. “It’s fairly obvious. We all know what Harper’s policy and economic plans are.”

Currently, First Nations reserve lands are controlled under federal jurisdicti­on through the Indian Act, and they’re held collective­ly, meaning no one can individual­ly sell a piece of land to a private company.

The legislatio­n would be based on what’s called a “fee simple” approach, which would allow for full l and ownership on reserves. The change would enable First Nations to voluntaril­y divide reserve lands into individual parcels that could be bought or sold. Palmater worries it also could be expropriat­ed — along with the resources.

Jody Wilson-Raybould, AFN regional chief for British Columbia, said the federal government’s budget implementa­tion legislatio­n, Bill C-38, was already a huge issue to aboriginal communitie­s because it overhauled such things as environmen­tal assessment­s and the Fisheries Act.

“There is concern. There’s questions as to different government­s’ intentions. We’re certainly in a period of time where the federal government’s legislativ­e agenda is hugely challengin­g for First Nations,” Wilson-Raybould said.

“The conflict exists out there and the reality is that there’s all this onset of unpreceden­ted major developmen­t, the reality exists that there is potential conflict that’s going to increase and (jurisdicti­onal) uncertaint­y that needs to be resolved.”

A spokespers­on for Aboriginal Affairs Minister John Duncan said First Nations are interested in exploring private property ownership on reserves, but discussion­s around what could be included in legislatio­n governing First Nations private property are premature.

But Tom Flanagan, a political scientist at the University of Calgary who specialize­s in First Nations issues — and a one-time chief of staff to Stephen Harper — said he has seen a draft of “the First Nations Property Ownership Act” and that a working group is helping the government craft it.

“They’re far advanced in the drafting,” he said.

Flanagan said there are several misconcept­ions about the upcoming legislatio­n. He rejects suggestion­s that it could allow pipeline and energy companies to easily scoop up land needed for major developmen­ts on First Nations lands, or that provinces would take some jurisdicti­onal control over the lands and resources.

He said First Nations could voluntaril­y opt in to the private property ownership and would still control resource projects on their lands.

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