An analysis of the First Nations Finance Authority as a viable off-ramp to the inadequate First Nations property rights framework under the Indian Act ...

• Main Author: Bhaidani, Tanzeel
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Faculty of Graduate Studies 2019
• Subjects: Canada; Indian; First Nations
• Online Access: https://dx.doi.org/10.11575/prism/37701; https://prism.ucalgary.ca/handle/1880/111836

This capstone provides an overview of the inadequate property rights framework that First Nation communities are subject to under the Indian Act, describes some of the major off-ramps to the Indian Act, and analyses the effectiveness of the First Nations Finance Authority (FNFA). First Nations of Canada have lower quality of life indicators compared to the average Canadian. This is in part due to an inadequate framework of property rights under the Indian Act, which prohibits fee-simple ownership. The inability to leverage reserve land and assets as collateral has resulted in First Nations people being subject to high interest rates due to uncertainty. This pushes them further into the cycle of poverty and substandard living conditions. In the past, governing First Nation reserve lands under the Indian Act has been lengthy, cumbersome, and difficult mainly because the Department of Indian and Northern Affairs (INAC) has decision-making power over First Nations. Independence on INAC and the Indian Act can ...