Did you know how broad and complex Indigenous land law is in Canada? In a recent article, Jack Woodward lawyer explains there are 16 different types land interests recognized by the government.

Here’s a quick run down of the list:

  1. Aboriginal Title Lands
  2. Land-based Aboriginal Rights and Treaty Rights
  3. Reserves: The Unallocated Lands in an Indian Act Reserve, Section 18
  4. Reserves: Band-owned Houses under Customary Allotments
  5. Reserves: “Buckshee Leases” by the Band or by Individuals, Section 28(1)
  6. Reserves: Designated Reserve Land. Leases and Subleases under Section 53(1)(B.
  7. Reserves: Certificates of Possession, Section 20
  8. Reserves: Leases under Section 58(3)
  9. Reserves: Section 28(2) Permits and Other Rights of Temporary Uses
  10. Reserves: Absolute Surrender
  11. Reserves: The Right of Non-Indian Spouse to Occupy the Family Home
  12. Land Codes under the First Nations Land Management Act
  13. Special Legislation such as Sechelt Lands
  14. Lands Held pursuant to Modern Treaties
  15. Metis Lands
  16. Severalty Lands under Treaty 8

The list is large and complex. This means, transactions involving some claims require highly-specialized knowledge from lawyers and notaries. More over, some land interests or off constitutionally off-limits to lawyers and notaries.

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