Indian reserve facts for kids

In Canada, an Indian reserve (French: réserve indienne) is a special piece of land set aside for First Nations people. The law that defines these lands is called the Indian Act. It says that the land belongs to the Canadian government (called "Her Majesty"), but it is meant to be used and enjoyed by a specific First Nation group (called a "band").

These reserves are different from larger areas known as land claims. Land claims cover all the traditional lands of a First Nation, which are much bigger than any reserve. Reserves were created after agreements, or contracts, were made between First Nations and the Canadian government.

How Many Reserves Are There?

A single First Nation government, or "band," might manage one reserve or several. Sometimes, a reserve is even shared by more than one band. In 2011, there were over 600 First Nations bands in Canada. They managed about 3,100 Indian reserves across the country.

For example, the Sturgeon Lake First Nation has one reserve called Sturgeon Lake Indian Reserve No. 101. But the Musqueam Indian Band manages several, like Musqueam No. 2, No. 4, and Sea Island Indian Reserve No. 3.

In 2003, about 60% of First Nations people who were officially registered (called "status Indians") lived on reserves. By 2011, nearly half (49.3%) of all registered First Nations people lived on a reserve. This number changes depending on the region in Canada.

Many reserves do not have people living on them all the time. These are often small, far away, or not connected to other reserve lands. Some might be used only at certain times of the year, like for hunting or trapping. Only reserves that have people living on them are counted in the national census. Some reserves that were once in rural areas are now surrounded by cities, like those near Montreal, Vancouver, and Calgary.

How Reserves Are Managed

One First Nation Chief and Council often manage more than one reserve. For instance, the Beaver Lake Cree Nation has two reserves. The Lenape people in Canada, known as the Munsee-Delaware Nation, have three separate pieces of land that make up their reserve.

Some reserves are shared by many bands. These might be used for things like fishing or education. An example is Peckquaylis on the Fraser River, which is used by 21 different First Nations bands. It used to be a residential school and became a reserve more recently. Another shared reserve is Grass Indian Reserve No. 15 in Chilliwack, used by nine bands.

Laws About Reserves

In 1867, a very important part of Canada's Constitution, called the Constitution Act, 1867, gave the Canadian Parliament the power to make laws about "Indians and Lands reserved for the Indians." This law recognized that First Nations people had a special status.

In 1870, the Canadian government took control of a huge area called Rupert's Land from the Hudson's Bay Company. Many Indigenous groups already lived there and had their own claims to the land. Canada promised to make agreements with these groups to set aside reserves for their exclusive use. This promise led to the creation of the "numbered treaties."

Early Treaties and Reserves

Before Canada became a country in 1867, some treaties were signed. These included the Upper Canada Treaties (1764–1862 in Ontario) and the Douglas Treaties (1850-1854 in British Columbia). These early agreements often talked about reserve lands, hunting and fishing rights, and other benefits. Governor James Douglas of British Columbia also tried to set up many reserves. However, many of these were later changed or taken away by other governments.

Numbered Treaties (1871–1921)

Between 1871 and 1921, the Canadian government signed "numbered treaties" with First Nations. These agreements allowed the government to gain large areas of land for settlers and industries, especially in Northwestern Ontario, Northern Canada, and the Prairies.

One of the first of these was Treaty 1, signed on August 3, 1871. It was an agreement between Queen Victoria and several First Nations in southeastern Manitoba, including the Chippewa and Swampy Cree tribes. First Nations groups involved in Treaty 1 include the Brokenhead Ojibway Nation, Sagkeeng First Nation, Long Plain First Nation, Peguis First Nation, Roseau River Anishinabe First Nation, Sandy Bay First Nation, and Swan Lake First Nation.

The Indian Act

The Indian Act is a Canadian law that has governed the rights and freedoms of First Nations people since 1876. It gives the federal government the power to make laws about "Indians and Lands Reserved for Indians."

Even lands that were never given up by treaty, like the Wikwemikong Unceded Reserve on Manitoulin Island, are still subject to the rules of the Indian Act regarding reserves.

The Indian Act gives the Minister of Aboriginal Affairs the power to decide how reserve lands are used for the benefit of the band. Land within a reserve can only be transferred to the band itself or to individual band members. Reserve lands cannot be legally taken away by others. Also, the personal belongings of a band or a band member living on a reserve cannot be seized or taken by anyone other than another First Nations person or band.

Housing and Loans

While the Indian Act was meant to protect First Nations lands, some of its rules make it hard for reserves and their residents to get money for building or fixing homes. To help with this, the Canada Mortgage and Housing Corporation (CMHC) has a special loan program for housing on reserves. Band members can work with CMHC to get loans for building or repairing houses. The federal government also guarantees loans for reserve residents in other programs.

Provinces and cities can only take reserve land if a specific law allows it. Few reserves have economic benefits like money from natural resources. Any money from resources on reserves is held in trust by the Minister of Indian Affairs. Reserve lands and the personal property of bands and band members living on reserves are usually free from most taxes, except for local taxes.

However, businesses owned by First Nations members are not tax-exempt. This tax exemption has allowed band members who own small businesses or partnerships to sell things like cigarettes on their reserves at much lower prices than stores off the reserves. Most reserves manage themselves, following the rules of the Indian Act.

Because of treaty agreements, some Indian reserves have become like villages. For example, New Aiyansh in British Columbia, which was a Nisga'a reserve, changed its status after the Nisga'a Treaty. Similarly, the reserves of the Sechelt Indian Band are now considered Indian government districts.

Public Policy and First Nations

Indian reserves are very important in public discussions, especially when they are located in areas with valuable natural resources that could be developed. Since the 1970s, First Nations have gained "recognition of their constitutionally protected rights." This means their rights are protected by section 35 of the Constitution Act, 1982. By 2002, First Nations had completed 14 major land claims and self-government agreements. Many more were being discussed, especially in northern Canada and British Columbia. These land claims and self-government agreements are like "modern treaties" and have constitutional status.

Water Quality on Reserves

Unfortunately, many First Nations communities on reserves have faced serious issues with their drinking water. By December 21, 2017, there were 67 long-term "boil-water advisories" in effect, meaning the water was not safe to drink without boiling it first. These advisories had been in place for over a year. There were also 18 communities with water problems lasting between two and 12 months.

In 2015, Health Canada and the First Nations Health Authority reported 162 drinking water advisories in 118 First Nation communities. The Neskantaga First Nation reported in October 2015 that their "20-year boil-water advisory" was the longest in Canada. The Shoal Lake 40 First Nation was under an 18-year boil-water advisory.

By 2006, almost 100 Indian reserves had boil-water advisories, and many others had water that was not up to standard. For example, the Ḵwiḵwa̱sut'inux̱w Ha̱xwa'mis First Nation on an island off the British Columbia coast had a boil-water advisory since 1997. In October 2005, high levels of E. coli (a type of bacteria) were found in the drinking water of the Kashechewan First Nation reserve. This led to hundreds of people being evacuated from the reserve and cost about $16 million.

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See also

In Spanish: Reserva india canadiense para niños