Individual Property Rights on Canadian Indian Reserves: A Review of the Jurisprudence

  • Tom Flanagan
  • Christopher Alcantara


This article explores lite case law on individual property rights on Canadian Indian reserves. By surveying the courts' treatment of customary holdings, Certificates of Possession and the procedure for valuing leasehold reserve land, the authors find that the courts have had great difficulty in interpreting those rights that have no statutory basis or off-reserve equivalent. In contrast, the courts have been much more Consistent in interpreting those property rights that derive their authority from a statute and have similarities to off-reserve legal concepts.