fee-simple based land title system, to be the repository of legal title. Such a system would provide a recognized system lower transaction costs and deliver a foundation of certainty for investors on reserves. Creating fee-simple lands registered in the Torrens system of land registry is only the technical start of FNPOI. Development of regulations, laws and bureaucracy designed to lower investment transaction costs and provide stability must follow. The institutional development must come from the First Nations themselves to be relevant and effective. “This is an issue of self-governance,” says Jules. “I am proposing a strong legislative base with a regulatory regime.” To fully realize the full economic benefit of the land, Jules most contentious proposal is that First Nations allow non-aboriginal land ownership on reserves. “If it is within regulatory development, individual nations will be able to further develop the appropriate land use codes to ensure investment is managed with proper respect to local cultural imperatives.” “There is the issue of land use planning versus nonaboriginal interest. There is always some tension between governance and capital seeking the highest rate of return,” admits Jules. “But there are zoning structures available to help achieve the highest and best use of land.” The FNPOI inherently rejects certificates of possession, the current norm on many reserves, as an economic development tool. Jules says both the First Nation itself and the holder of the CP are denied full value of the land. The community has lost full use of CP designated land, and the benefits of private possession are severely limited to the holder of the CP. Jules also rejects long term leasing of land. “If you have a 99-year lease, you had better be thinking of what happens at year 60 or you will see value drop.” Part of the shift in attitudes the FNPOI demands is a move for the source of entrepreneurship on reserves from the band council to the individual. This would enable individuals to end their own poverty and greatly broaden the base of economic activity. Transformational as FNPOI is, it is not a proposal for self-governing taxation legislation, which is a totally separate issue according to Jules. Ownership and the institutions of economic development are a first step. Also quite separate is the issue of ongoing land claims. Jules says the initiative in no way limits land claims or the ability of First Nations to add to their land base in the future. Jules admits there is no consensus on a national basis on how to rid First Nations of the Indian Act or pursue
on reserve economic develop"Indian reserves ment, which leaves the FNPOI are the last as one option. “No one has bastion of had 100% buy in for reform. We need to create menus for socialism First Nations [to] opt for. First and we are Nations need to be able to choose to adopt or not adopt not socialists. proposals as they see fit.” Individual To see the development of ownership is individual property rights in action, look to the Nisga’a. The a part of our Nisga’a people demanded the history.” advent of private property says Mitchell Stevens, president of - Manny Jules the Nisga’a Nation. “Our legislation started under the consultation process in 2006. People said the [Nisga’a] government was babysitting. The people told us very bluntly that the babysitting had to stop,” recalls Stevens. “That’s what makes us move, direction from our people.” On October 28, Wilp Si’ayuukhl Nisga’a (WSN), the legislative body of Nisga’a Lisims Government,
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