+ pt New. provincial and federal legislation affecting reserve lands may appear better than it actually is for some bands, ac- cording. to Kitsumkalum chief councillor Cliff Bolton. by Charlynn Toews ‘An amendment to B.C,’s Land Title Act was introduced into the legislature May 18 by Attorney General Brian Smith. «“. Any Indian band in the province may, with supporting federal legislation, elect to use the B.C. Torrens system,’’ Smith said. This means bands can more effectively enter into financial and real estate dealings on reserve land. Presently only. the Sechelt band can take advan- tage of the new legislation. Bolton said he lived in the area in 1972 when the Sechelt band began negotiations with the federal government. Their federal legislation now allows money from land leases to go directly to the band, rather than going to the federal government in trust for the band. ‘The band would then have to apply for their money on a quatterly basis, and explain what they were g0- ing to use it for, as if the money EE — $159, for 25 was the federal government’s,”’ Bolton explained. Although this change has many positive aspects, such as giving the band greater autonomy and flexibility in budget planning, other bands may not see the advantages. “The Sechelt band is unique in vincial legislation. Malcolm McAvity, the director of the land title branch, said reserve land legislation can be com- plicated and need time for analysis. McAvity explained that the British North America Act states that land reserved for natives ‘If a band expropriated property because of unpaid taxes, who would they give it to? How could we kick out our own people?”’ Cliff Bolton the number of leases they have. They’re on the coast, and in 1972 they had about 250 summer cottagers leasing land. The Sechelt band is run very much like a municipality, and some bands are worried this change may mean losing their aboriginal rights, like those for hunting and fishing.’ Furthermore, each band may have to negotiate first with the federal government for enabling legislation before they can use the provincial Land Tides Act. A spokesperson for the pro- vincial government said it was too early to tell if other bands will take advantage of the pro- the Kamloops constitutionally falls within the exclusive legislative jurisdiction of the federal government. He said one possibility is for the federal government to pass a general statute, which bands could opt into. But ‘‘no matter how much B.C. wishes to ac- commodate the registration of Indian lands, we can only do it if the federal legislation is there.” A more recent federal bill, Bill C-115, amends the Indian Act and is meant to give band coun- cils greater powers to levy taxes and control reserve develop- ment. The bill was initiated by band, which Bolton explained has a light in- Terrace Review — Wednesday, July 6, 1988 19 dustrial area on reserve land. “Kamloops spent a lot of time and money to get this legisla- tion.” Formerly, the provincial government would collect prop- erty taxes but wouldn’t provide the industries services like water, sewer, and fire protection. Now the Kamloops band can collect taxes and provide services, he said, However, the situation on other reserves may be quite dif- ferent. Trying to collect proper- ty taxes from members where unemployment is high may be futile. “How would they col- lect? If a band then expropriated property because of unpaid taxes, who would they give it to? How could we kick out our own people? It would be like being deported,’’ Bolton said. At the second reading of this Bill C-115, Skeena M.P. Jim Fulton said, “B.C. is a little dif- ferent from most other areas of the country. Other than Gover- nor Douglas’ i4 very small treaties on Vancouver Island, and Treaty 8 in northeastern British Columbia and north- western Alberta, there are no comprehensive settlements in British Columbia and the —_ CLASSIFIED law good for some bands, not for others reserves are very small. We have to reflect on the fact that here we are in the middle of 1988 discussing providing the mechanisms which will allow those very small and impoverish- ed communities to actually tax. This debate should have taken place a century ago.” He did assure those Bands not interested in using such taxation powers, ‘‘Those groups that have expressed concern need not worry that it is legislation which brings a massive, broad sweep- ing change to the (Indian) Act. It is very limited in its scope and has specific beneficial conse- quences for groups like the Kamloops band and many others.’ He concluded his com- ments by referring to the larger question of self-government: “We are tinkering today — and it is important tinkering in that it is going to provide some small tools — but there is a more fun- damental and much more highly principled debate that will soon take place in providing all the broader government rights to aboriginal people.” During this debate Liberal M.P. 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