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Beyond the Indian Act
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Should Canada's First Nations have full ownership of reservation lands?

Table of Contents

Foreword Manny Jules; Acknowledgments Introduction PART ONE - PEOPLES AND PROPERTY 1 Property Rights in General; 2 The Panorama of Indian Property Rights; 3 A Failed Experiment: The Dawes Act PART TWO - LIMITED PROPERTY RIGHTS UNDER THE INDIAN ACT 4 The Legal Framework of the Indian Act; 5 Customary Land Rights on Canadian Indian Reserves; 6 Certificates of Possession and Leases: The Indian Act Individual Property Regimes; 7 The First Nations Land Management Act: An Alternative to the Indian Act PART THREE - BEYOND THE INDIAN ACT 8 Why Markets Fail on First Nations Lands; 9 Escaping the Indian Act; 10 Back to the Future: Restoring First Nations Property-Rights Systems Appendix: Announcement of the Nisga'a Landholding Transition Act Notes; Index

About the Author

Tom Flanagan is professor of Political Science at the University of Calgary and author of Harper's Team: Behind the Scenes in the Conservative Rise to Power and First Nations? Second Thoughts. Christopher Alcantara is assistant professor of Political Science at Wilfrid Laurier University. Andre Le Dressay is director of Fiscal Realities Economists and holds a PhD in Economics from Simon Fraser University. C.T. (Manny) Jules is chief of the First Nations Tax Commission and a former chief of the Kamloops Indian Band.

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"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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