First Nations fear land grab
New rules allowing ownership on reserves seen as attempt to control resources
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.