Protection of First Nation Land

Will First Nation lands be protected under the Framework Agreement?

Yes. The land base of a First Nation is protected for future generations.

  • Once a reserve becomes First Nation land under a Land Code, it cannot be sold or surrendered for sale.
  • First Nation land is immune from expropriation for any provincial purpose and no provincial government or agency can have First Nation land expropriated by Canada.
  • The power of Canada to expropriate First Nation land is restricted to cases where it is “justified and necessary for a federal public purpose that serves the national interest”. If such a case did occur, the First Nation must receive an equivalent amount of land as compensation, in addition to financial compensation for other damages.
  • A First Nation may decide that it is advantageous to exchange some of its First Nation land for other lands. Provision can be made in its Land Code for a procedure to negotiate and approve such exchanges. However, any exchange of land cannot occur without the consent of the First Nation community.