Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
First Nations can allot land by custom to a member for their use.
This is different than a Certificate of Possession or a Certificate of Occupation under the Indian Act. It is outside of the Indian Act system and does not involve approval by the Minister.
There are different ways reserve land can be allotted by custom. It can be allotted by a First Nation Council Resolution, or the member may be given a written document outlining their rights. A custom allotment could also be given orally with no written record. A system of custom allotment can also change over time.
Courts have found that allotments, even if they are based on custom, can be challenged under the Canadian Charter of Rights and Freedoms and must follow rules for decision making. First Nations have argued that applying these Canadian laws to their decisions goes against their Inherent Right to self-government.
