RESERVE LAND MANAGEMENT

INTRODUCTION

In Canada, as in most of the developed world, land is of central importance to economic development and it provides the foundation for a range of economic activities, such as natural resource development, tourism, industry and agriculture. Land is also among the most common means of storing wealth and, according to World Bank estimates, represents nearly one-half to three-quarters of the wealth of most economies.[1] When sustainably developed and governed through effective management and regulatory regimes, land can be a powerful economic asset and a significant driver of economic growth.

This is no less true for First Nations in Canada whose combined reserve land base totals approximately 3.8 million hectares[2] and is anticipated to increase by a further 1.1 million hectares as a result of treaty land entitlement and specific claims settlements.[3] As the land base under First Nations’ jurisdiction continues to expand, significant opportunities are becoming available to them. Budget 2013 indicates that the federal government expects new investments of over $650 billion in over 600 major resource projects over the next decade.[4] Virtually all of these projects involve, or are in close proximity to, Aboriginal lands, creating the potential for substantial economic benefits.

First Nations leaders and policy-makers alike acknowledge that ownership of land alone is not a guarantor of economic success. Rather, land must also be managed in ways that can provide the maximum economic, social and cultural benefit. Without the appropriate capacity and tools to develop and use their lands sustainably, opportunities for First Nations to improve their social and economic outcomes can be severely restricted.

The Committee’s Decision and Process

The extent to which existing land management regimes and community capacity allow First Nations to maximize the benefits of their reserve lands and unlock their economic potential is of significant interest to members of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development (hereinafter, the Committee). Accordingly, in November 2011, the Committee agreed to undertake a study of land and environmental management on reserves, with an emphasis on identifying the types of modern land management tools that First Nations need to sustainably develop their lands to their highest and best use. Throughout the course of our study, the Committee convened 20 meetings in Ottawa where it heard from over 60 witnesses, including government officials, First Nations’ representatives, third party experts, as well as professional organizations. The Committee also travelled to eight First Nations communities in Québec, Nova Scotia, Saskatchewan and British Columbia, operating under various land management regimes, which break down as follows:

• Indian Act land management regime: Millbrook, Osoyoos and Penticton First Nations
• First Nations with operational land codes under the First Nations Land Management Act: Muskeg Lake and Whitecap Dakota First Nations;[5]
• Recent signatories to the First Nations Land Management Act but operating under the Indian Act pending development and ratification of a land code: Membertou and Mashteuiatsh First Nations; and,
• First Nations operating under a self-government regime: Westbank First Nation.

Committee members are deeply appreciative of the insights and the clarity provided by these witnesses and for their invaluable assistance in helping us to navigate the complexities surrounding reserve land management, including the more technical aspects of this policy area. The site visits in particular allowed us to see, first hand, how geography and capacity interact with land management regimes to influence a community’s economic opportunities and outcomes. Community members and representatives spoke to us openly about the challenges they face, but also with great passion and enthusiasm for the possibilities that lay ahead. We are grateful to each of these communities for their warm welcome and for their patience as they helped us to understand their particular challenges.

Report Scope and Structure

Aboriginal lands can be divided into three categories: First Nations’ reserve lands, treaty settlement lands and Crown lands (traditional territories). The federal government estimates that First Nations currently own or control over 15 million hectares of land (reserve and treaty settlement lands), while the Inuit own or control over 45 million hectares of land, representing 6.5% of Canada’s land mass.[6] Land and environmental management issues vary according to the category of land under consideration, as does the level of First Nation’s legal jurisdiction and administrative control over that land.

In recognition of this breadth and complexity, the first phase of the Committee’s study, and of this report, will focus primarily on First Nations’ reserve lands. It is here that the federal government, primarily through the statutory provisions of the Indian Act,[7] exercises the greatest control. Even within the narrower category of reserve lands, the Committee received testimony covering a comprehensive range of issues. To the greatest extent possible, we have tried to capture the key concerns raised by witnesses across this broad spectrum.

The Committee acknowledges the deep connection that many Aboriginal people have to the land and that Aboriginal views of land ownership and use may differ markedly from western conceptualizations. As noted in the 1996 Report of the Royal Commission on Aboriginal Peoples, this special relationship to the land is both spiritual and material.[8] From this perspective, land is not understood exclusively, or even primarily, as an economic commodity. Rather, it is as much a critical component of nationhood, identity and culture as it is a potentially important economic asset. While the Committee’s study focuses on the latter aspect, we acknowledge that the reserve land base is integral to the social, cultural and political life of First Nations and represents, for many, the basis for the continuity of their societies and cultures.

This report represents the culmination of our inquiry into reserve land management. The first part provides an overview of the spectrum of land management regimes and forms of land tenure on reserves. As evidenced by this brief review, mapping reforms onto existing land management frameworks can be challenging. Parts II and III set out what the Committee heard, both in Ottawa and during our site visits, and identifies some of the main issues raised by witnesses in relation to current land management regimes as well as their suggestions for improvement. Part IV briefly summarizes the key themes emerging from the testimony and site visits. Finally, Part V outlines the Committee’s key findings and recommendations for improving land management on reserves.