AANO Committee Report

APPENDIX C
ISSUES FOR FOLLOW-UP

A.        Creating a First Nations Land Registry

When Chief Strater Crowfoot appeared before this Committee, he stressed the importance of addressing other land issues:

It is tempting to look at this issue of matrimonial property rights as a single issue that can be resolved with a single solution. I don't view it that way. To me it's a much larger issue. Frankly, we lack the institutional framework necessary to support clear property rights and attract investment. The result is that our current properties are grossly undervalued, and market mechanisms to resolve matrimonial property rights are absent.

The root cause of this problem and of many problems we face is that we are governed by legislation that is over 120 years old. We are run by a bureaucracy that still thinks central planning works.¹

He recommended that an opt-in First Nations Land Registry be created, which would facilitate a title guarantee, contain a process for resolving competing interests in land, and protect matrimonial property.

The Standing Senate Committee on Human Rights had made a similar recommendation of making it possible to register on-reserve family homes to protect the rights of spouses.

B.        Increasing resources allocated to the First Nations Land Management Act

When Chief Robert Louie, Chairman of the Lands Advisory Board, appeared before the Committee, he stressed that increasing government support for the land management initiative would increase the number of First Nation communities that are required to address the issue of on-reserve matrimonial real property:

Right now we have, as I indicated, 14 operational First Nations. We have room to add additional First Nations that may wish to join the land management initiative, and subsequently to then work and develop their real property loss. Part of the flaws, I believe, that exist today is getting the support from government to add the additional First Nations that right now are desperately waiting to join the land management initiative. So in that alone I would suggest to you that there would be many more communities more than willing to address the matrimonial real property law. The need is there, the desire is there, but we need the government support.

Former Minister Nault had announced several years ago, while he was then Minister of Indian Affairs, that there would be in fact a rolling 30 First Nations involved in the developmental phase to deal with land code and to work on their matrimonial real property laws. Unfortunately, there has been some non-support, I believe, from government to actually meet that test and to have these numbers actually involved. We're facing that situation today, where we have room for additional First Nations. The funding has been committed by Canada, but we do not have the support of Canada to add these communities into the land management initiative. I believe that is a serious flaw, and that is something that I see could be done.²

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1	Evidence of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development, 21 April 2005.

2	Evidence of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development, 12 April 2005.