Providing Land and Resources for Aboriginal Peoples

Bruce Grainger is head of Public Services at the Macdonald Library,
McGill University.

The author is a member of the Faculty of Law at the University of Ottawa and a recognized expert on aboriginal peoples and the law. Under a provision of the new Canadian Constitution of 1982, several conferences were required to deal with “constitutional matters that directly affect the aboriginal peoples of Canada.” The Institute of Intergovernmental Relations at Queen’s University launched a research project, Aboriginal Peoples and Constitutional Reform, to address the concerns that emerged at the out-set of the constitutional negotiating process.

This background paper is based on the assumption that “significant areas of land will be restored to aboriginal control in some parts of the country, while current de facto indigenous control over traditional territories will be recognized in part or in full in other regions of Canada.” The author examines the various ways in which aboriginal peoples can “acquire” lands: through Indian Act Reserves, Crown Reserves, Crown Trusteeship, Crown Grant, and Aboriginal Purchase. The terms and conditions under which land acquisitions might be held would have important consequences with respect to, for example, the ownership of mineral rights, the long-term security of ownership, and the degree of flexibility in developing land resources.

The various options are examined in light of recent experience with land settlements in Alaska and Australia, as well as Canada. The author concludes that the circumstances and aspirations of native peoples across Canada are so varied that no single, perfect solution can be applied.