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创业的障碍(英)-.pdf
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创业的障碍(英)-.pdf
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fraserinstitute.org
fraserinstitute.org
Contents
ExecutiveSummary i
Introduction
andAllThat
CertificatesofPossession
IndianOilandGasCanada
PropertyTax
GamingAMissedOpportunity
FirstNationsLandManagementFrameworkAgreement
FirstNationsFinanceAuthority
Self-Government
Analysis
Recommendations
References
About the author / 32
Acknowledgments / 32
Publishing information / 33
Supporting the Fraser Institute / 34
Purpose, funding, and independence / 34
About the Fraser Institute / 35
Editorial Advisory Board / 36
fraserinstitute.org
fraserinstitute.org / i
Executive Summary
Indigenous leaders and Canadian politicians often call for the repeal of the
Indian Act, yet repeal never seems to happen. ere is no general agree-
ment on what should replace the Act, and First Nations are deeply at-
tached to some of the special protections it affords, such as immunity from
taxation on reserve. Because repeal is politically impossible, the focus in
practice has been on gradual improvement through amendments to the
Act and passage of supplementary legislation.
e original purpose of the Indian Act (1876) was to create tempor-
ary protected spaces where Indians could live while they were assimilated
into the Canadian community. Accordingly, Indian reserves were owned
by the Crown and all economic transactions involving reserve land and its
produce had to be approved by government officials. But by the middle
of the 20
th
century it was becoming clear that Indians did not want as-
similation and that the lands set aside by the Indian Act had become de
facto permanent homelands. us arose a new challenge—how to make
reserve communities functional in Canada’s market economy, which
depends on entrepreneurship and voluntary transactions, not top-down
government decisions.
Canadian policymakers have been grappling with this challenge
since the Indian Act revisions of 1951, which introduced certificates of
possession (CPs), a new form of quasi-private property for reserve lands.
CPs have allowed reserve residents to own their own homes, but their
utility in the larger marketplace is limited because they can be sold only to
members of the same band.
Canada has subsequently created a number of collective institutions
to help First Nations participate in the economy. ese include Indian
Oil and Gas Canada, the First Nations Tax Commission, the First Nations
Land Management Framework Agreement, and the First Nations Finance
Authority. While created by federal statute, these institutions are run by First
Nations people themselves. ey offer advice and technical competence that
individual First Nations would find difficult to achieve on their own.
ese achievements are the result not of repealing the Indian Act
but of incremental amendments to the Act and of supplementary legisla-
tion to create opportunities not foreseen in the Act. Much has been ac-
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