Rights of Indigenous Peoples
Indian Act
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Fair Decision Making
Under a Land Code the First Nation can do anything an owner could do except sell the land.
A Land Code allows a First Nation to manage their reserve land. They can take land from a member if it is needed for community purposes. The person must be compensated. If someone other than the First Nation or a member already had an interest in the reserve land before the Land Code was passed, the Land Code cannot take away that interest. For example, others may have an interest in reserve land because the Minister of ISC has leased it to them for the purpose of extracting resources.
Under a Land Code, First Nations also manage reserve resources and revenue from these resources. This could be from selling resources like timber or from renting parts of the reserve.
Land Codes give First Nation Councils the authority to:
- decide who can live on a reserve
Members of the First Nation, their spouses and children may have the right to live on a reserve. Lots can be given to members or others by a First Nation under a Land Code. First Nations cannot give title to reserve land to anyone.
- decide who can use reserve land
Land Codes can deal with all uses of reserve land except having title to the land. This includes leases of reserve land and giving someone the right to extract resources.
- decide if and how interests in reserve land can be transferred or leased and who they can be transferred or leased to
It could say lots can only be transferred or leased to other members or it could allow transfers and leases to non-members.
- manage their own natural resources
There are some natural resources on reserves that First Nations cannot manage under a Land Code. These are oil and gas, fisheries, migratory birds and endangered species.
Other than these exceptions, First Nations with a Land Code manage all reserve resources. First Nations decide by Land Code if a member in possession of reserve land will receive a share of the revenue from resources on that land.
- decide how interests in reserve land are dealt with when a couple separates
If the Land Code does not cover this then the federal rules about family property on reserves apply.
What If I Disagree With a Decision Under a Land Code?
The Land Code must say how the First Nation will be accountable to its members for how reserve land and resources are dealt with. There must be a way for people affected by land management to have a decision reviewed. There must be rules about what happens when someone making a land management decision has a conflict of interest.
