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Beyond the Indian Act : restoring Aboriginal property rights / Tom Flanagan, Christopher Alcantara, André Le Dressay.

By: Flanagan, Thomas, 1944-.
Contributor(s): Le Dressay, André, 1964- | Alcantara, Christopher, 1978-.
Material type: TextTextSeries: JSTOR eBooks.Publisher: Montréal ; Ithaca : McGill-Queen's University Press, ©2010Description: 1 online resource (xvi, 224 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780773581838; 0773581839.Subject(s): Indians of North America -- Land tenure -- Canada | Indians of North America -- Legal status, laws, etc. -- Canada | Aboriginal title -- Canada | Native peoples -- Land tenure -- Canada | Native peoples -- Legal status, laws, etc. -- CanadaAdditional physical formats: Print version:: Beyond the Indian Act.DDC classification: 346.7104/3208997 Online resources: Click here to view this ebook.
Contents:
Property rights in general -- The panorama of Indian property rights -- A failed experiment : the Dawes Act -- The legal framework of the Indian Act -- Customary land rights on Canadian Indian reserves -- Certificates of possession and leases : the Indian Act individual property regimes -- The First Nations Land Management Act -- Why markets fail on First Nations lands -- Escaping the Indian Act -- Back to the future: restoring First Nations property-rights systems.
Summary: While land claims made by Canada's aboriginal peoples continue to attract attention and controversy, there has been almost no discussion of the ways in which First Nations lands are managed and the property rights that have been in place since the Indian Act of 1876.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KE7739.L3 F53 2010 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt8058b Available ocn770697781

Includes bibliographical references and index.

Property rights in general -- The panorama of Indian property rights -- A failed experiment : the Dawes Act -- The legal framework of the Indian Act -- Customary land rights on Canadian Indian reserves -- Certificates of possession and leases : the Indian Act individual property regimes -- The First Nations Land Management Act -- Why markets fail on First Nations lands -- Escaping the Indian Act -- Back to the future: restoring First Nations property-rights systems.

While land claims made by Canada's aboriginal peoples continue to attract attention and controversy, there has been almost no discussion of the ways in which First Nations lands are managed and the property rights that have been in place since the Indian Act of 1876.

Print version record.

Reviews provided by Syndetics

CHOICE Review

In this theoretical, specific, and practical examination of aboriginal property rights in Canada, Flanagan (Univ. of Calgary, Canada), Alcantara (Wilfrid Laurier, Canada), and Le Dressay (director, Fiscal Realities Economists) argue for powerful changes in the current system of land tenure. They question much received "wisdom" about First Nations economies, showing them to have been market oriented, and inclusive of private property rights, prior to European contact. Examining the barriers to growth and the failure of markets on most reserve land, the authors argue for a modified Torrens system of land tenure that would allow individuals alienable rights to fee simple land. They advocate the passage of the First Nations Property Ownership Act to achieve this system. The book will be controversial on "the Left" for its claims against absolute tribal self-government and reliance on markets, and on "the Right" for its refusal to advocate assimilation; it offers a fresh voice in the long history of policy discussion. For the general or introductory reader, there will not be enough context; however, for the specialist in property rights, Canadian First Nations issues, or comparativists working on tribal issues in the US, this will be an unsettling and important text with which to grapple. Summing Up: Recommended. Graduate, research, and professional collections. R. A. Cramer Drake University

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