Quotulatiousness

August 9, 2012

Individual property rights for First Nations people

Filed under: Cancon, Law, Politics — Tags: , , , — Nicholas @ 08:32

Canada’s treatment of First Nations people has been a disgrace for decades. After locating them (for the most part) on out-of-the-way reserves, they are mostly forgotten by the media and the politicians until something truly awful happens (like the situation on the Attawapiskat reserve) and then TV crews are dispatched, speeches are made and … usually the amnesia kicks in and all is forgotten.

In the National Post, Tasha Kheiriddin suggests that the time is finally ripe to address one of the root causes of poverty among First Nations people on Canadian reserves: their inability to own property. Band councils hold the land “in trust” for their people, which means there are lots of opportunities for those close to the band council to benefit from the administration of the shared resources. Not all bands suffer from this kind of corruption, but many do. Allocating the land to private ownership by individuals would have many beneficial effects:

This week, the federal government confirmed that it is working on legislation to allow the ownership of private property on First Nations reserves. Some aboriginal leaders, such as former chief Manny Jules, who heads the First Nations Tax Commission, applauded the move. But others see ulterior, sinister motivations at work, as Dr. Pam Palmater, a Mi’kmaw professor in the Indigenous Studies department at Ryerson University in Toronto, told Postmedia News’ Teresa Smith. “The quickest way to get that Enbridge pipeline through our territory would be to divide up those lands into individual parcels because it would be a lot quicker to pick off individuals — especially the impoverished ones. And then, if one neighbour sees that an individual gets $100,000 for his property, then what’s someone else, a single mom, with three kids, living on welfare gonna do?”

It’s easy to imagine situations on reserves that are currently governed by band councils that are less than scrupulous where the best land will somehow end up in the hands of the very people who currently benefit from the council’s favour. That is certainly one of the challenges that any such legislation will have to attempt to curtail (even assuming they can get enough support from existing First Nations representatives and groups to move forward with any privatization laws at all).

There is also no doubt that granting First Nations people full property rights – the right to buy, sell, mortgage, use and develop land – is a worthy cause. It would create an ownership culture, instead of the current system (in which reserve land is owned by the federal government, in trust for its Indian residents), which fosters dependency. It would free individual aboriginals from the too-often self-serving grip of band councils. At the same time, it would create responsible government, should those bands seek to tax property, by making them accountable to the property taxpayers they would then serve.

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