Almost every area of British Columbia is subject to either Aboriginal rights or treaty rights.
Taking that statement in, you can glimpse the vastness and complexity of Indigenous land interests in Canada and BC. This is a dynamic and complicated area of the law. Lawyers and notaries can find themselves in challenging spots if they don’t have the right information.
As a result, Jack Woodward, lawyer has written a brief overview of the 16 different types of Aboriginal land interests legal professionals may come into contact with.
Read the article for the full breakdown, but here’s the 16 types in list form.
- 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