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