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Social Science Native American Studies

Beyond the Indian Act

Restoring Aboriginal Property Rights

by (author) Tom Flanagan, Christopher Alcantara & André Le Dressay

Publisher
McGill-Queen's University Press
Initial publish date
Feb 2010
Category
Native American Studies
  • Hardback

    ISBN
    9780773536869
    Publish Date
    Feb 2010
    List Price
    $40.95
  • Paperback / softback

    ISBN
    9780773539211
    Publish Date
    Jul 2011
    List Price
    $37.95
  • eBook

    ISBN
    9780773581845
    Publish Date
    Feb 2010
    List Price
    $34.95

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Description

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

About the authors

Tom Flanagan is Distinguished Fellow in the School of Public Policy at the University of Calgary. Former director of research for the Reform Party, and former campaign manager for Stephen Harper's Conservative Party, he is the author of Harper's Team: Behind the Scenes in the Conservative Rise to Power.

Tom Flanagan's profile page

Christopher Alcantara is an associate professor in the Department of Political Science at Wilfrid Laurier University.

Christopher Alcantara's profile page

André Le Dressay's profile page

Editorial Reviews

“This second edition of the book contains a postscript which reports on the reception given to the authors’ proposal for a First Nations Property Act. Responses to a promotional tour by the authors in spring 2010 were, they report, predominantly favourabl

"Anyone who is concerned with the welfare of First Nations in Canada will be interested in this book. This coherent and in-depth work covers a wide array of issues and shows that full property rights for aboriginal peoples are long overdue." Moin A. Yahya

"You don't have to travel to Zambia or Peru to see dead capital. All you need to do is visit a reserve in Canada. First Nation people own assets, but not with the same instruments as other Canadians. They're frozen into an Indian Act of the 1870s so they can't easily trade their valuable resources. Beyond the Indian Act provides strategies to correct this so First Nation people can generate wealth in a manner that other Canadians take for granted." Hernando de Soto, President, Institute for Liberty and Democracy

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