Tuesday 24 April 2012

Current Threats to First Nations

Indian Act - needs to be amended as suggested in Wahbung. If abolished land becomes fee simple, have to pay taxes, just like a municipality. The Indian act being eliminated is not the answer but only section 35 should be reformed to address current situations. Elimination of the Indian act would create a vacuum for legislation protection of programs and services, for example taxation. Indian act is the only legislation that protects first nations, if it was eliminated, first nations would not have any legislative protection, to protect their rights. As bad as it the Indian act seems, or outdated,  it still holds legislative protection. Elders today fear leaders will negotiate away their rights and someone else will close in on them, I.E., - The Wuskwatim Project  Nelson House in now locked into, and  the land management act which alters treaty rights
The Land Management Act (LMA) has been introduced, but in the opinion of first nations this act is not close to the original treaty. LMA is a municipal type that can be subject to taxation and other provincial regulations, ect. LMA is used successfully by communities because of their location, -i.e.,  swan Lake, OCN, BP, OCN, but if circumstances that they become bankrupt they are not protected under the Indian act, they can be seized and by the gov’t and  banks, and no longer have reserve status. The land management act is like the metis scrip, its best only for immediate gain. Ten bands in Manitoba are using this Act. LMA is actually to address what the 1969 paper was going to do for first nations, no more special rights, ect. , the only reason the LMA works is because of a community’s location.  Chief Clarence Louie from BC is an advocate of the Land Management Act, except his reserve is in the middle of the Okanagan Valley, the key to any business working is location, location, location.

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