PART IV – SUMMARY OF KEY THEMES FROM THE TESTIMONY AND COMMUNITY SITE VISITS

The Committee heard from dozens of witnesses concerning some of the key issues relating to reserve land and environmental management. Not surprisingly, many of the witnesses appearing before the Committee indicated that the Indian Act land management regime, and associated departmental policies and procedures, are overly bureaucratic, costly and inflexible. As a result of prescribed multiple approval processes for land transactions, First Nations are often unable to move at the speed of business and risk losing time-sensitive economic opportunities. A number of suggestions aimed at improving existing processes and reducing the cost of doing business on-reserve were advanced. Notably, amending the ratification threshold for land designations and reducing the approvals required for obtaining leases were commonly cited measures.

Of particular concern for witnesses was the extent of the environmental regulatory gap on reserves. Witnesses cautioned, however, that introducing comprehensive environmental legislation without first addressing the capacity of communities to implement and enforce such regulations might do little to effectively address environmental management issues on reserves.

The majority of First Nation witnesses signalled support for the First Nations Land Management Act, both as an effective alternative to the Indian Act regime and as a crucial step on the way to the eventual goal of self-government. Given the economic benefits of the FNLMA, a number of witnesses suggested that it be adequately resourced and that the current backlog of First Nations waiting to enter the FNLMA be addressed. At the time of writing, there was much less support among First Nation witnesses for the proposed First Nations Property Ownership Act. Notwithstanding potential economic benefits associated with the initiative, many cited concerns with preserving the integrity of the reserve land base, which was of greater importance to them.

Witnesses also highlighted the fact that the Additions to Reserve process is critical to enhancing economic opportunities available to First Nations, particularly by providing many with an opportunity to select lands more favourably situated for investment and development purposes. The majority of First Nation witnesses were extremely critical of the time it takes to add lands to reserve, noting that the process can take up to several years, with significant financial and economic impacts at times borne by First Nations as a result. National legislation, along the lines of claims settlement legislation in the Prairie provinces, was proposed by some witnesses.

Finally, ensuring that adequate and appropriate capacity is in place, both within AANDC, which must manage an increasingly complex number of land transactions, and among First Nations, so that they are able to effectively use and develop their lands and achieve improved economic outcomes, was highlighted.

With respect to the community site visits, notwithstanding some of the geographic and economic differences between communities, common themes also emerged, including:

• Most communities expressed a preference for a phased approach to taking on greater land management responsibilities;
• The First Nations Land Management regime was seen as a valuable tool for supporting economic development and in building the capacity of First Nations toward the eventual goal of self-governance;
• Leadership and sound governance practices were identified as essential to a community’s economic success, in particular the separation of politics from business operations;
• All were critical of the federal Additions to Reserves policy noting that the process is overly bureaucratic and that delays in land conversions negatively affect economic opportunities. Reforms in this area (i.e., pre-reserve designations) were seen as essential;
• The on-reserve environmental regulatory gap was highlighted, especially the weak nature of penalties under the Indian Act;
• Several community representatives mentioned the link between infrastructure and economic development, and the need for adequate infrastructure funding and for innovative approaches to secure long-term financing for infrastructure projects;
• Communities did not indicate a strong preference for private property ownership on reserves, but felt it should be an option for those wishing to pursue this form of land tenure;
• The Department of Aboriginal Affairs and Northern Development Canada as well as the Department of Justice were seen as risk averse and not business-friendly;
• Many highlighted the importance of forming partnerships with other First Nation communities and with the private sector in the pursuit of economic opportunities; and,
• Constraints in regulating activities on Certificates of Possession lands were identified, including associated environmental and economic implications for individual communities.

Having set out the testimony placed before the Committee in the preceding sections, we turn to a discussion of our findings and recommendations.