Open AccessIndividual Property Rights on Canadian Indian Reserves: A Review of the Jurisprudence
Author(s) -
Tom Flanagan,
Christopher Alcantara
Publication year - 2005
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1271
Subject(s) - leasehold estate , statutory law , possession (linguistics) , adverse possession , jurisprudence , law , easement , statute , property rights , law and economics , real property , property law , business , property (philosophy) , land law , land tenure , political science , economics , geography , philosophy , linguistics , archaeology , epistemology , agriculture
This article explores lite case law on individual property rights on Canadian Indian reserves. By surveying the courts' treatment of customary holdings, Certificates of Possession and the procedure for valuing leasehold reserve land, the authors find that the courts have had great difficulty in interpreting those rights that have no statutory basis or off-reserve equivalent. In contrast, the courts have been much more Consistent in interpreting those property rights that derive their authority from a statute and have similarities to off-reserve legal concepts.