MANNY JULES continued
“[We no] longer take a social approach. The idea and concept of throwing money at a problem is not solving an economic issue.”
unanimously passed the new Nisga’a Land Title Act, Nisga’a Property Law Act, Nisga’a Law and Equity Act and Nisga’a Partition of Property Act. The legislation has been passed, but will not be in force until certain other changes, including regulations, are in place. It is expected the Land Title Act will come into force in 2011. The full text of the - Mitchell Stevens acts themselves will be released for publication once the regulations are in place.There will be two types of land registries developed under the legislation, a ‘fee-simple’ register allowing specified properties to be mortgaged, sold or transferred. A second registry is being developed for ‘restricted’ properties, much in alignment with what Jules proposes under FNPOI.The initiative and development of the laws is about choice, explains Stevens. “Nisga’a people want to be in charge of their own lives and property; for our citizens that is very important. A lot of people who have never lived on a reserve take things for granted, like mortgages. Not only will [this] deliver freedom of choice to individuals, but it will increase economic value.” Fears about losing control of the land have been allayed by the fact the Nisga’a will retain the underlying title says Stevens. As for unforeseen impacts Stevens says the Nisga’a are comfortable with charting new waters. “Everything Nisga’a Lisims has done has been criticized for being new…that’s fine because we are the first to do what we have done.” To develop and write the legislation, Nisga’a Lisims looked to the relevant portions of the British Columbia provincial system to give financial institutions familiarity and stability. “The intent is to create certainty for individuals, citizens, entrepreneurs and financial institutions.” Stevens says the development of the acts was a deliberate choice too. “[We no] longer take a social approach. The idea and 24 DECEMBER 2010 • NATIVE BUSINESS DEVELOPMENT MAGAZINE
concept of throwing money at a problem is not solving an economic issue. Our first step was to lay this foundational framework.” Each of the four main Nisga’a communities are preparing their own zoning bylaws according to community wishes and political goals. The Nisga’a culture is not viewed as being under threat from the new acts, says Stevens, who believes the relative isolation of the Nisga’a nation, and prevalence of the Nisga’a language will help to preserve the culture. The official opening of the Nisga’a museum will take place in May 2011. Manny Jules says for true freedom First Nations need complete control over their lands without government or artificial rules stopping them from realizing their future.