Squamish Nation Buys Land

There is an alternative to the treaty process for a First Nation to acquire new land. The cash strapped provincial government is a willing seller, Squamish Nation is a willing buyer. Squamish First Nation is purchasing 467 hectares (1,154 acres) of Crown land in the Squamish area from the Province for $16.27 million. You can see the parcels of land here.

Squamish Nation wants to convert the purchased lands to reserve lands. The conversion would bring in the Indian Act, but is unlikely to happen, any time soon.

According the Assembly of First Nations, "there is no statutory authority under the Indian Act or any other federal legislation to set aside land as a reserve. The act of adding land to existing reserves or creating a new reserve is an exercise of the Royal Prerogative through an Order in Council (OIC)." In practice, converting provincial land to federal land follows the Additions to Reserves and New Reserves Policy. According to a recent review of the policy, Squamish Nation will face difficulties having their purchased lands converted to a reserve in the near future.

Here are a few problems with the ATR policy:

• municipal tax loss compensation, 
• the economic rationale, 
• competing/ overlapping claims, and 
• compatibility with municipal by-laws and related enforcement.

The biggest challenge Squamish Nation will face, however, is the:

• Fiscal restraint affecting the amount of urban and non-contiguous land added to reserve across the country.

Without converting the purchased lands into reserve lands, Squamish Nation will face challenges incorporating its purchased lands into its land management regime. See the full policy evaluation here.