Urban Indian reserve
Encyclopedia
An urban Indian reserve is land that the Canadian federal government has designated as a First Nations reserve
that is situated within an urban area. Such lands allow for aboriginal commercial ventures which enjoy the tax exemptions offered to traditional reserves. They may be located within either a municipality
or, in the case of Saskatchewan
, a Northern Administration District.
An urban reserve may result from either encroachment of a municipal area into existing reserve lands, or from the designation of land in an existing urban territory.
as operated by the Fishing Lake First Nation (Treaty 4
). Another urban reserve under the Peter Ballantyne Cree Nation
(Treaty 6
) followed at Prince Albert
in 1982.
It is argued that the first formal commercial urban reserve was a property of 33 acres (13.4 ha) established within Saskatoon in 1988 for the Muskeg Lake Cree Nation. By 2004, the reserve's commercial activity grew to provide employment for 350 people under 37 businesses, today known as the McKnight Commercial Centre.
The Treaty Land Entitlement Framework Agreement (TLEFA) was signed on 9 September 1992 to settle unresolved treaty land claims for 28 First Nation groups in Saskatchewan. Article 9 of this accord provides a mechanism for First Nations groups to contract with municipal governments to allow designation of certain properties as reserves.
At least four urban reserves are also established in Manitoba
. One of these, situated north of Winnipeg under the auspices of the Roseau River Anishinabe First Nation
(Treaty 1
), includes a gas station and a tobacco retailer with plans to include a medical facility and larger operations such as automobile retail.
are concerned that such reserves are entitled to exemptions from taxation that other businesses in a community do not enjoy. Furthermore, there are complications in disposing of urban reserve lands which require approval of the operating First Nation, and that reserve lands would revert to federal government control. Other critics such as the Frontier Centre for Public Policy concede that urban reserves have benefits, but wish the abolishment of the reserve system and other racially-based policies as a whole.
Proponents of urban reserves note that these encourage a diverse land base which provides business opportunities for First Nations people. It is also claimed that there are advantages to the surrounding community due to spin-off business activity which contributes favourably to those outside the reserve.
Indian reserve
In Canada, an Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act also specifies that land reserved for the use and benefit of a band which is not...
that is situated within an urban area. Such lands allow for aboriginal commercial ventures which enjoy the tax exemptions offered to traditional reserves. They may be located within either a municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
or, in the case of Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, a Northern Administration District.
An urban reserve may result from either encroachment of a municipal area into existing reserve lands, or from the designation of land in an existing urban territory.
History
The first such reserve was established in 1981 at Kylemore, SaskatchewanKylemore, Saskatchewan
Kylemore is an organized hamlet in the Canadian province of Saskatchewan, located 12 km east of Wadena, and approximately 250 km east of Saskatoon. Listed as a designated place by Statistics Canada, the hamlet had a population of 37 in the Canada 2006 Census....
as operated by the Fishing Lake First Nation (Treaty 4
Treaty 4
Treaty 4 was a treaty established between Queen Victoria and the Cree and Saulteaux First Nations. The area covered by Treaty 4 represents most of current day southern Saskatchewan, plus small portions of what are today western Manitoba and southeastern Alberta....
). Another urban reserve under the Peter Ballantyne Cree Nation
Peter Ballantyne Cree Nation
Peter Ballantyne Cree Nation is a Cree First Nations group in northern Saskatchewan consisting of eight communities: Amisk Lake, Deschambeault Lake, Kinoosao, Pelican Narrows, Prince Albert, Sandy Bay, Southend and Sturgeon Landing...
(Treaty 6
Treaty 6
Treaty 6 is an agreement between the Canadian monarch and the Plain and Wood Cree Indians and other tribes of Indians at Fort Carlton, Fort Pitt and Battle River. The area agreed upon by the Plain and Wood Cree represents most of the central area of the current provinces of Saskatchewan and...
) followed at Prince Albert
Prince Albert, Saskatchewan
Prince Albert is the third-largest city in Saskatchewan, Canada. It is situated in the centre of the province on the banks of the North Saskatchewan River. The city is known as the "Gateway to the North" because it is the last major centre along the route to the resources of northern Saskatchewan...
in 1982.
It is argued that the first formal commercial urban reserve was a property of 33 acres (13.4 ha) established within Saskatoon in 1988 for the Muskeg Lake Cree Nation. By 2004, the reserve's commercial activity grew to provide employment for 350 people under 37 businesses, today known as the McKnight Commercial Centre.
The Treaty Land Entitlement Framework Agreement (TLEFA) was signed on 9 September 1992 to settle unresolved treaty land claims for 28 First Nation groups in Saskatchewan. Article 9 of this accord provides a mechanism for First Nations groups to contract with municipal governments to allow designation of certain properties as reserves.
At least four urban reserves are also established in Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
. One of these, situated north of Winnipeg under the auspices of the Roseau River Anishinabe First Nation
Roseau River Anishinabe First Nation
Roseau River Anishinabe First Nation is a First Nation in southern Manitoba, Canada. It has a registered population of 2,152 individuals. The First Nation has three reserves, of which the Roseau River No. 2 has an area of 22.242 square kilometres , while the Roseau Rapids No. 2A is considerably...
(Treaty 1
Treaty 1
Treaty 1 is a controversial agreement established August 3, 1871 between Queen Victoria and various First Nations in South Eastern Manitoba including the Chippewa and Swampy Cree tribes.-History:...
), includes a gas station and a tobacco retailer with plans to include a medical facility and larger operations such as automobile retail.
Opinions
Critics such as the Canadian Taxpayers FederationCanadian Taxpayers Federation
The Canadian Taxpayers Federation is a Canadian federally incorporated, non-profit organization and taxpayers union that claims to have over 70,000 supporters across Canada. The organization advocates lower taxes, and a reduction of what it considers to be waste in government...
are concerned that such reserves are entitled to exemptions from taxation that other businesses in a community do not enjoy. Furthermore, there are complications in disposing of urban reserve lands which require approval of the operating First Nation, and that reserve lands would revert to federal government control. Other critics such as the Frontier Centre for Public Policy concede that urban reserves have benefits, but wish the abolishment of the reserve system and other racially-based policies as a whole.
Proponents of urban reserves note that these encourage a diverse land base which provides business opportunities for First Nations people. It is also claimed that there are advantages to the surrounding community due to spin-off business activity which contributes favourably to those outside the reserve.
Examples
Examples include:- Capilano Indian Reserve No.5, inside VancouverVancouverVancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
- Kitsilano Indian Reserve No.6, inside VancouverVancouverVancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
- Mission Indian Reserve No.6, which border North Vancouver
- Stony Plain 135, Alberta, which borders EdmontonEdmontonEdmonton is the capital of the Canadian province of Alberta and is the province's second-largest city. Edmonton is located on the North Saskatchewan River and is the centre of the Edmonton Capital Region, which is surrounded by the central region of the province.The city and its census...
- Tsuu T'ina Nation 145, AlbertaTsuu T'ina Nation 145, AlbertaTsuu T'ina Nation 145 is the name of an Indian reserve in southern Alberta, Canada. It is the home of the Tsuu T'ina Nation. The reserve was created by Treaty 7. Reserve lands are between Southwest Calgary, Alberta in the east and Bragg Creek, Alberta in the west. The north boundary is just...
, which borders CalgaryCalgaryCalgary is a city in the Province of Alberta, Canada. It is located in the south of the province, in an area of foothills and prairie, approximately east of the front ranges of the Canadian Rockies... - Membertou First Nation, inside Sydney, Nova ScotiaSydney, Nova ScotiaSydney is a Canadian urban community in the province of Nova Scotia. It is situated on the east coast of Cape Breton Island and is administratively part of the Cape Breton Regional Municipality....
(Cape Breton Regional Municipality) - Cole Harbour 30Cole Harbour 30, Nova ScotiaCole Harbour 30 is a Mi'kmaq reserve located in Halifax County, Nova Scotia.It is administratively part of the Millbrook First Nation....
, inside Cole Harbour, Nova ScotiaCole Harbour, Nova ScotiaCole Harbour is a Canadian suburban community in Nova Scotia's Halifax Regional Municipality. It is the hometown of Sidney Crosby.-Geography:...
(Halifax Regional Municipality) - St. Mary's First NationSt. Mary's First NationSt. Mary's Band or St. Mary's First Nation is one of six Wolastoqiyik or Maliseet Nations on the Saint John River in Canada.The St. Mary's Band lands comprise two reserves . The Saint Mary's reserve, established in 1867, lies on the northeast bank of the Saint John River, opposite downtown...
, inside Fredericton