. Briefly compare the nature of rights for parcels on a reserve under the Indian Act and the

Question

rights recognized by the Supreme Court of Canada in Tsilhqot'in.

Answer 1

Under the Indian Act, the nature of rights for parcels on a reserve is based on the concept of "Indian title," which refers to the collective ownership of land by a First Nation community. These rights are subject to strict regulation and control by the federal government. The Indian Act grants certain limited rights to individual members, such as the right to occupy and use specific parcels of land, but the ultimate ownership and control rests with the community.

On the other hand, the Supreme Court of Canada's decision in Tsilhqot'in case recognized Aboriginal title as a sui generis concept, based on the prior occupation and use of land by Indigenous peoples. The court acknowledged that Aboriginal title can coexist with Crown sovereignty and in certain cases, it can give Indigenous communities exclusive rights to use and control the land. These rights are not subject to regulation or control by the federal government to the same extent as reserve lands under the Indian Act.

In summary, the nature of rights for parcels on a reserve under the Indian Act is based on collective ownership and subject to federal regulation, while the rights recognized by the Supreme Court in Tsilhqot'in case are based on Aboriginal title and grant Indigenous communities greater rights and control over the land.