Land control at heart of new agreement

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Clear, unfettered authority over the management of reserve lands is how Chief Robert Louie describes the power given to the 13 First Nations involved in the new framework agreement on First Nation land management.

Control over reserve lands and protection for those lands from expropriation is at the root of the agreement signed in Ontario on Feb. 12. The agreement gives the signatory First Nations control over the issue of leases, licences and other interests in their lands as well as the authority to pass laws for the development, conservation, protection, management, use and possession of First Nation land.

This is a big step toward the goal of self-government, said Louie, chairman of the Interim Lands Advisory Board and chief of the Westbank First Nation.

"For many years control over lands and resources has been an issue at the heart of First Nations' assertion of our fundamental right to govern in our own communities," he said. "The land administration provisions of the Indian Act confer too much authority on government officials and prevent community decision-making at the local level.

"This government-to-government framework agreement corrects this situation by ensuring full community control over reserve lands and resources and by ending the discretion of the minister under the Indian Act over land management decisions on our reserves."

Within the area of land management, First Nations laws will apply. Each First Nation will develop a land code which will set out the basic laws that will govern the lands. Both the land code and the agreement will require community approval.

It puts control back in the hands of the community, said Louie. "The bottom line is that it's total decision-making authority."

Once two of the 13 nations have developed and ratified their individual land codes, then legislation will be introduced that would halt the imposition of the land administration sections of the Indian Act in those communities.

The Chippewas of Georgina Island and the Mississaugas of Scugog Island are probably the furthest along in the development of their land code, said Dr. Graham Powell, project manager of the chiefs' technical team. It is hoped the federal government will pass the appropriate legislation by June.

Louie said it would be another 12-months before the Westbank land code is developed.

He said the community will be invited to public information meetings where the code and agreement will be fully explained, and then a referendum will be held.

An added benefit under the framework agreement is that reserve lands can never be lost, said Louie. Provisions in the agreement prevent the expropriation of reserve lands by such authorities as the province, municipalities, utilities and corporations. This is in contrast to the provisions in the Indian Act. The provinces have given reluctant support to this agreement, said Louie.

Only Canada will retain the power to expropriate land for purposes that severe the national interest. But this power is limited and controlled by a number of stringent procedures.

Under the agreement, the existing land base of the First Nations cannot be diminished. There is a prohibition of sale of reserve land and a mandatory replacement of any lands expropriated.

First Nations may consent to exchange a portion of reserve land, but compensation must include replacement lands. Louie is hoping that through trades, Westbank will be able to increase its land base from the current 2,400 acres of land.

First Nations participating in the agreement include: Westbank, Musqueam, Lheit-Lit'en, N'Quatqua and Squamish in British Columbia; Siksika in southern Alberta; Muskoday and Cowessess in Saskatchewan; Opaskwayak Cree in Manitoba; Nipissing, Mississaugas of Scugog Island, Chippewas of Georgina Island and the Chippewas of Mnjikaning (Rama) in Ontario. Three other First Nations, St. Mary's in new Brunswick and Alexander and Tsuu Tina in Alberta are still considering signing the ageement.

All the First Nations involved have extensive land management experience either under the delegation system set out in Sections 53 and 60 of the Indian Act or under the Indian Affairs Regional Lands Administration Program.