"Held In Trust"

"This legislation will mean that we will have the same property and land title systems on our land that the rest of Canada takes for granted.  It will mean we can obtain mortgages, build equity, finance businesses, and transfer wealth to our children, as do other Canadians.  This is an opportunity to free the imaginations of our entrepreneurs."  Clarence (Manny) Jules, former chief T'kemlups First Nation, Kamloops, B.C.; CEO First Nations Tax Commission

Sounds like an obvious choice for anyone who has a wish to take control of their lives, rather than remain, in perpetuity, a virtual ward of the state.  Under the antiquated and unuseful Indian Act, lands that are set aside through treaty rights as reserve lands, are meant as a 'collective benefit' of the First Nations communities.  They aren't even 'owned' by First Nations, but rather 'held in trust' by the Crown.  Trouble is there is little 'trust'.

The Assembly of First Nations deplores the Indian Act, but isn't quite certain what it wants to replace it with.  The AFN does know that it isn't keen on the idea of extending the right that every Canadian has to First Nations Canadians.  They claim to feel that under such an initiative - which would be a diversion from heritage where customarily land is held to be owned by nature, not man, but respectfully used by mankind - would be a disservice to the entire First Nations.

Simply because private land ownership might conceivably open the door to opportunities in the future leading to legally selling First Nations land to non-aboriginals.  Or so they say.  Mr. Jules, whose idea it is for First Nations peoples to have the same rights as other Canadians as per property rights on reserves, wants the Crown to transfer title of reserve lands to First Nations who choose to "opt in" to his plan.

Each band that so chooses would then be entitled legally to break up reserve lands into individual parcels, to be allocated by plot to individual members.  With ownership comes responsibility, needless to say, and pride of ownership so that land owners would be encouraged to take care of property that they under current circumstances have no interest in maintaining, leaving it to the Federal government. 

Most chiefs feel that the initiative would not be a step forward for them.  They prefer the status quo, since with it comes their influence and power and ability to manipulate band and reserve matters to their personal advantage.  Their influence and power would certainly be impacted were band members to become responsible land owners, business owners, home owners, invested in their own futures.

Conventionally, aboriginals living on reserve, because they have no equity, have found it difficult to obtain bank loans, since financial institutions look for a foundation to ensure they will recover loans.  In 2010 the Assembly of First Nations chiefs passed a resolution rejecting the idea of private property ownership on reserves, citing the potential for non-aboriginals to end up owning native land.

They cited as well, a diminution of treaty rights assurances, a confusion among their people with the concept of land values, and that their constitutionally protected land rights would be imperilled.  Truth is, they fear a loss of influence and power should reserve aboriginals become more self-assured and capable of looking to their own interests through the empowerment of ownership.

The federal government is definitely interested in extending the rights to private ownership of reserve lands, but is wary of stepping on toes. For far too long relationships between governments and the AFN have been confrontational.  Now, government must, in all fairness, negotiate with the Assembly of First Nations and give the kind of assurances that will convince them that this is the right thing to do to advance the interests of First Nations Canadians.

The status quo hasn't worked and will not work.  A new strategy geared to bringing First Nations into the 21st Century with all the opportunities available to all other Canadians is badly needed.  It's long past time to settle the situation, and while we're at it, look to conclude all those tediously outstanding Treaty claims.  And with that, the fair sharing of proceeds of profit and benefits of employment respecting natural resource extraction on native lands.

Doing so would go a very long way to defusing the always-incendiary relations between governments and First Nations.