Overview
FIRST NATIONS RESERVE PLANNING CASE STUDY
The First Nations Reserve Planning Case Study centres on the McLeod Lake Indian Band. The case provides historical context for the application, which presents options to develop one of their Reserve lands for a mix of residential and commercial uses.
Case. McLeod Lake Indian Band: An Entrepreneurial Spirit
This case highlights how the McLeod Lake Indian Band (MLIB) has learned to function within the property rights regime established by the Indian Act. The Band strives to maximise benefits from restricted opportunities available by choosing to operate under the Framework Agreement for First Nations Land Management. Learners are encouraged to understand and appreciate the practice of land use planning on Reserve lands that is very different from other jurisdictions in British Columbia.
Application. Sas Mighe IR32: Proposal for Development
The McLeod Lake Indian Band (MLIB) is considering a proposal from a non-member, off-reserve private developer to develop the McLeod Lake Indian Band Reserve land Sas Mighe, located near Bear Lake. The proposal has both benefits and costs to the Band. The MLIB Land Management Committee is considering three options under which they would proceed with the residential subdivision. The Committee has hired an external consultant with expertise in First Nations Reserve land use planning, to advise them. Learners are to review the options and present a report to the Committee.
Learning modules that support this case study
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First Nation Reserve Land Tenure Regimes
This module addresses First Nation Reserve land tenures, which encompasses Indigenous people’s rights to land only under Canadian common law. Reserve lands were created in accordance with the Indian Act. Under this Act, the use, control, and disposition of Reserve lands by Indigenous peoples are severely constrained. The issues with this state-controlled Reserve system are pronounced when compared to two other regimes that are available to First Nations, which are: (1) self-determined tenures under the Framework Agreement on First Nations Land Management (hereafter, Framework Agreement); and, (2) fee simple treaty settlement lands offered under the BC Treaty Commission Process. Collectively, the three regimes represent a continuum from limited property rights under the Indian Act to full property rights after treaty settlement.
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Indigenous Title and Rights
This module explains the difference between Indigenous title and rights to land. Provides a summary of important Supreme Court decisions that recognise Indigenous title and rights to land.
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