Under the Indian Act, the nature of rights for parcels on a reserve is limited. The Act grants the federal government the power to designate and control land on reserves. The parcels are owned collectively by the band, and individuals residing on the reserve have a Certificate of Possession, which grants them the right to use and occupy the land but not to own it. These rights are subject to the control and regulations of the federal government.
In contrast, the rights recognized by the Supreme Court of Canada in Tsilhqot'in case provide Indigenous communities with more extensive rights over their traditional territories. The court recognized Aboriginal title as a sui generis right, entitling Indigenous communities to the exclusive use and occupation of the land, and the right to derive economic benefits from it. This includes the right to control land use and make decisions about resource development on their territories. Aboriginal title is a constitutional right that recognizes and affirms Indigenous self-determination and sovereignty, providing a higher level of protection and recognition than the rights granted under the Indian Act.
Briefly compare the nature of rights for parcels on a reserve under the Indian Act and the
rights recognized by the Supreme Court of Canada in Tsilhqot'in
1 answer