Land Code Benefits to St Mary's Indian Band
~~St. Mary’s Land Code
Theme: “Non land holders benefits”
For people who don’t own land what is the benefit?
• First real recognition of right to manage its reserve lands and resources
• Removal of reserve lands from the Indian Act
• Community control over land management and development
• Establishment of a land registry system
• Establishment of a Lands Board to provide technical assistance to First Nation
• More timely and efficient management of First Nation land and development
• The opportunity for to grant land allotments in the future
• Recognition of legal capacity to acquire and hold property, to borrow, to contract, to expend and invest money, to be a party to legal proceedings, to exercise its powers and to perform its duties
• Transfer by Canada of previous land revenues to First Nation
• Recognition of the right to receive revenue from interests on land
• Protection against arbitrary expropriation of First Nation land
• Protection against loss of land through surrender for sale
• Ability of First Nation to protect the environment
• Clear laws and procedures for granting of interests under the land code
• Recognition of significant law-making powers respecting First Nation lands
• Ability of First Nation to address the current vacuum on rules related to land during marriage breakdown (Matrimonial Real Property law)
• Removal of the need to obtain Ministerial approval for First Nation laws
• Recognition in Canadian courts of First Nation laws
• Recognition of right to create modern offences for breach of First Nation laws
• Ability to appoint Justices of the Peace
• Ability to create a local dispute resolution processes
• Inclusion of both off-reserve and on-reserve members in important decisions
• Increased accountability to members of the First Nation
Why do a land code if the membership does not want to develop their lands?
The Land Code process isn’t just about development, it’s also about:
• Becoming self sufficient in the governance and management of First Nation Lands and Resources
• Protecting Reserve lands for future generations as the First Nation sees fit
• Reclaiming the responsibility that the Indian Act took, over First Nation lands and resources
• Enhancing the First Nation Government, including a Lands office
• Putting important decisions about lands and resources in the hands of community members instead of Government of Canada Ministers and Bureaucrats.
