Setting aside land for the exclusive use of the First Nation was a Treaty promise but reserve land came to be controlled by the Indian Act.

When colonizers from other parts of the world came to what is now known as Canada, First Nations had already inhabited this land since time immemorial. It was not uninhabited land that was free for the taking. First Nations lived in societies and governed themselves long before colonizers came to this land. These well-developed societies had their own land bases, customs, political organizations, economic and trade systems, health care and education systems, languages and spiritual beliefs. As the original inhabitants First Nations have both Inherent Rights and rights under Canadian law.

Reserve land was a promise the government made when negotiating the Treaties in Saskatchewan. Reserve land is different from the Traditional Territory of a First Nation. Reserves were created by Canadian law. Reserves only cover a very small part of the land that was the Traditional Territory of the First Nations. All the reserve land in Canada only amounts to a very small percentage of the land in Canada.

Like the Indian Act and other assimilation laws and policies, reserves were part of a plan to end the traditional ways of living of First Nations and to give settlers sole access to the land, animals, water and timber resources that had sustained First Nation life and culture since time immemorial. Confining First Nations to reserves meant they could not engage in their traditional way of life of hunting, trapping, fishing, foraging and following the animals.

Title to reserve land stays with the government and the land is set apart for the use and benefit of the First Nation. The Indian Act has rules about who has rights to reserve land. Many people who are not members enter reserves to do things like visit people that live there or deliver goods. If someone is on the reserve who is not supposed to be there, they can be charged with trespass. Anyone who is not an Indian under the Indian Act or who is not a member of the First Nation can be trespassing. The First Nation or a member can ask that someone be charged.

Surrenders, Expropriations and Leases of Reserve Land

Although reserve land for their own use was a promise made in the Treaties, not long after the Treaties were signed the First Nations lost a significant part of reserve land through government actions and questionable surrenders.

Allotments Under The Indian Act

Under the Indian Act First Nation Councils, with the approval of the Minister, can allot a piece of reserve land to members.

Non-Members On Reserves

Generally only members can live on the reserve but the Minister of Indigenous Services Canada can allow non-members to live on or use reserve land.

Rights To Reserve Land By Custom

First Nations can allot land by custom to a member for their use.

Land Codes

A Land Code is rules made by a First Nation about reserve land will be managed.

What If My First Nation Has a Self-Government Treaty?

Only limited parts of the Indian Act about reserve land still apply if a First Nation has a Self-government Treaty.