La reforme de la gestion des terres des Premieres Nations: pour qui?
In: Politique et sociétés, Band 23, Heft 1, S. 33-57
ISSN: 1203-9438
The law implementing the framework agreement on the First Nations' land management raises questions about whose interest it was designed to serve. Is the Land Management Act rooted in the First Nations' own demands or was it brought in to satisfy the needs of the Canadian majority? The answer to these questions will affect the adopted measures' legitimacy & efficacy. This study shows that it was neither a question of a top-down reform imposed from above by a legislator representing a unanimous population nor a bottom-up one demanded by a consensus of aboriginals. Rather, it appears to be the result of an agreement between a minority of aboriginal groups wanting to engage in a market economy & the federal authorities trying to disengage the state & responding at the same time to the banks' desires for a new landholding regime. This makes it difficult to classify the land codes the Act imposes on participating Aboriginal Band Councils, which fit neither the category of "local" Canadian law nor that of "popular" aboriginal law. Adapted from the source document.