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{{Short description|Land in Canada set aside by the Indian Act for First Nations}}
{{Other uses}}
{{Other uses|Indian reserve (disambiguation)|Reserve (disambiguation){{!}}Reserve}}
{{Use Canadian English|date=July 2021}}
{{Use dmy dates|date=July 2021}}
{{Indigenous Peoples of Canada}}
In Canada, an '''Indian reserve''' ({{lang-fr|réservereserve indienne}}) is specifieddefined by the ''[[Indian Act]]'' as a "tract of land, the legal title to which is vested in [[Monarchy of Canada|Her Majesty]],<ref>{{cite web|url=https://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=majesty&txtT1tl3=%22Indian+Act%22&h1ts0n1y=0&ddC0nt3ntTyp3=Acts |title=Basic Search ("Indian Act" "majesty")|access-date=17 July 2023|date=7 July 2023|orig-date=Enacted 1985}}</ref><!--Source still reads "Her" do not change until the Act changes.--> that has been set apart by Her Majesty for the use and benefit of a [[band government|band]]."{{sfn|Government of Canada|1985|loc=Section 2 (1) (a)}} Reserves are areas set aside for [[First Nations in Canada|First Nations]], one of the major groupings of [[Indigenous peoples in Canada]], after a contract with the Canadian state ("[[the Crown]]"), and are not to be confused with [[Indigenous land claims in Canada#Comprehensive claims|Indigenous peoples' claims to ancestral lands]] under [[Aboriginal title#Canada|Aboriginal title]].
 
Indian reserves are the areas set aside for [[First Nations in Canada|First Nations]], an [[Indigenous peoples in Canada|indigenous Canadian group]], after a contract with the Canadian state ("[[the Crown]]"), and are not to be confused with [[Indigenous land claims in Canada|land claims]] areas, which involve all of that First Nations' traditional lands: a much larger territory than any other reserve.
 
== Demographics ==
A single "band" (First Nations government) may control one reserve or several, in additionwhile someother reserves are shared between multiple bands. In 2003, the [[Crown–Indigenous Relations and Northern Affairs Canada|Department of Indian and Northern Affairs]] stated there were 2,300 reserves in Canada, comprising {{convert|28000|km2|abbr=on}}.{{sfn|DIAND|2003|page=2}} According to Statistics Canada in 2011, there are more than 600 First Nations/Indian bands in Canada and [[List of Indian reserves in Canada|3,100 Indian reserves]] across Canada.{{sfn|StatsCan|2011|loc=Aboriginal Peoples in Canada: First Nations People, Métis and Inuit}} Examples include the [[Driftpile First Nation]], which like many bands, has only one reserve, [[Driftpile River 150]].<ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=450&lang=eng |title=Driftpile Cree Nation| date=14 November 2008 |website=[[Crown–Indigenous Relations and Northern Affairs Canada]] |publisher=Government of Canada |access-date=11 July 2021}}</ref> The [[Bear River First Nation]], who govern [[Bear River 6]], [[Bear River 6A]] and [[Bear River 6B]], are one of many examples where a single government is responsible for more than one reserve.<ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=21&lang=eng |title=Bear River| date=14 November 2008 |access-datewebsite=11[[Crown–Indigenous JulyRelations 2021}}</ref>and InNorthern 2003,Affairs 60Canada]] percent|publisher=Government of [[IndianCanada Register|statusaccess-date=11 Indians]]July lived on reserves.{{sfn|DIAND|2003|page=22021}}</ref>
 
In 2003, 60 percent of [[Indian Register|status Indians]] lived on reserves.{{sfn|DIAND|2003|page=2}} Of the 637,660 First Nations people who reported being Registered Indians, nearly one-half (49.3%) lived on an Indian reserve. This proportion varies across the country.{{sfn|StatsCan|2011|loc=Highlights: First Nations people}}
 
Many reserves have no resident population; typically they are small, remote, non-contiguous pieces of land, a fact which has led many to be abandoned, or used only seasonally (as a [[Trapline|trapping territory]], for example). [[Statistics Canada]] counts only those reserves which are populated (or potentially populated) as [[Census geographic units of Canada|"subdivisions" for the purpose of the national census]]. For the 2011 census, of the more than 3,100 Indian reserves across Canada, there were only 961 Indian reserves classified as [[Censuscensus subdivisions]] (including the six reserves added for 2011).<ref>{{cite web|censusurl=https://www150.statcan.gc.ca/n1/pub/92-195-x/2011001/geo/csd-sdr/def-eng.htm|title=Census subdivisionssubdivision: Detailed definition|website=www150.statcan.gc.ca}}</ref> Some reserves that were originally rural were gradually surrounded by urban development. Montreal, Vancouver and Calgary are examples of cities with [[urban Indian reserve]]s.
(including the six reserves added for 2011).<ref>{{cite web|url=https://www150.statcan.gc.ca/n1/pub/92-195-x/2011001/geo/csd-sdr/def-eng.htm|title=Census subdivision: Detailed definition|website=www150.statcan.gc.ca}}</ref> Some reserves that were originally rural were gradually surrounded by urban development. Montreal, Vancouver and Calgary are examples of cities with [[urban Indian reserve]]s.
 
== Governance ==
One band Chief and [[Tribal Council|Council]] commonly administer more than one reserve, such as the [[Beaver Lake Cree Nation]] with two reserves, or the [[Lenape]] people, who are (in Canada incorporated as the [[Munsee-Delaware Nation]] and), who occupy Munsee-Delaware Nation Indian Reserve No. 1. This consists of three non-contiguous parcels of land totalling {{convert|1054|ha|abbr=on}} within the Chippewas of the Thames First Nation 42 near [[Strathroy-Caradoc|Muncey, Ontario]], which was formerly shared between them and the [[Chippewas of the Thames First Nation]] as a single parcel of land. Some reserves are shared by multiple bands, whether as fishing camps or educational facilities such as [[Pekw'Xe:yles]], a reserve on the [[Fraser River]] which is used by 21 [[band government|Indian band]]s; itthat was formerly [[St. Mary's Indian Residential School]] and is an example of a reserve created in modern times.<ref>{{BCGNIS|59960|Pekw'Xe:yles}}</ref><ref>{{cite web|url=https://fnp-ppn.aadnc-aandc.gc.ca/fnp/Main/Search/RVDetail.aspx?RESERVE_NUMBER=09657&lang=eng |title= Pekw'Xe:yles (Peckquaylis)|date= 14 November 2008|website=[[Crown–Indigenous Relations and Northern Affairs Canada]] |publisher=Government of Canada |access-date=12 July 2021}}</ref> Another multi-band reserve of the [[Sto:lo]] peoples is [[Grass Indian Reserve No. 15]], which is located in the City of [[Chilliwack]] and is shared by nine bands.
 
== Treaties and reserves, pre-18671763–1867 ==▼
After the [[Royal Proclamation andof 1763]] but before Confederation in 1867, the [[Upper Canada]] Treaties (1764–1862 Ontario) and the [[Douglas Treaties]] (1850-18541850–1854 British Columbia) were signed. "Some of these pre-confederation and post-confederation treaties addressed reserve lands, hunting, fishing, trapping rights, annuities and other benefits."{{sfn|DIAND|2003|page=1}} Governor [[James Douglas (governor)|James Douglas]] of British Columbia, which formally became a colony in 1858, also worked to establish many reserves on the mainland during his tenure, though most of these were overturned by successor colonial governments and later royal commissions once the province joined Confederation in 1871.▼
 
== ''Constitution Act 1867'' ==
In 1867, legislative jurisdiction over "Indians and Lands reserved for the Indians" was assigned to the Parliament of Canada through the ''[[Constitution Act, 1867]]'',{{sfn|Government of Canada|1867}} a major part of [[Constitution of Canada|Canada's Constitution]], (originally known as the ''[[British North America Acts|British North America Act]]'' (BNA), which acknowledged that First Nations had special status. Separate powers covered "status and civil rights on the one hand and Indian lands on the other."{{sfn|GC|1870}}{{sfn|Government of Canada|1867|loc=s.146}}
 
In 1870, the newly formed Dominion government acquired [[Rupert's Land]], a vast territory in [[British North America]], consisting mostly of the [[Hudson Bay drainage basin]], that had been controlled by the [[Hudson's Bay Company]] under its Charter with the British Crown from 1670 to 1870. Numerous aboriginal groups lived in the same territory and disputed the sovereignty of the area. The Dominion of Canada promised Britain to honour the provisions of the [[Royal Proclamation of 1763]] to "negotiate with its Amerindians for the [[Aboriginal title#Extinguishment|extinguishment]] of their title]] and the setting aside of reserves for their exclusive use."{{Citation needed|date=May 2023}} This promise led to the [[Numbered Treaties]].{{sfn|Dickason|2009|page=241}}
 
▲== Treaties and reserves, pre-1867 ==
▲After the Royal Proclamation and before Confederation in 1867 the [[Upper Canada]] Treaties (1764–1862 Ontario) and the [[Douglas Treaties]] (1850-1854 British Columbia) were signed. "Some of these pre-confederation and post-confederation treaties addressed reserve lands, hunting, fishing, trapping rights, annuities and other benefits."{{sfn|DIAND|2003|page=1}} Governor [[James Douglas (governor)|James Douglas]] of British Columbia, which formally became a colony in 1858, also worked to establish many reserves on the mainland during his tenure, though most of these were overturned by successor colonial governments and later royal commissions once the province joined Confederation in 1871.
 
== Numbered treaties, 1871–1921 ==
Between 1871 and 1921, through [[Numbered Treaties]] with First Nations, the Canadian government gained large areas of land for settlers and for industry in [[Northwestern Ontario]], [[Northern Canada]] and in [[Canadian Prairies|the Prairies]]. The treaties were also called the Land Cession or Post-Confederation Treaties.{{sfn|Robert|2001}} [[Treaty 1]] wasis a controversialan agreement established August 3, 1871, between [[Queenthe Victoria]]Crown and various [[First Nations in Canada|First Nations]] in southeastern [[Manitoba]], including the [[Anishinaabe]] and the [[Swampy Cree]] tribes. Treaty 1 First Nations comprise the [[Brokenhead Ojibway Nation]], Fort Alexander ([[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 1876'' ==
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=== Housing loans ===
While the ''Act''act was intended to protect the Indian holdings, the limitations make it difficult for the reserves and their residents to obtain financing for development and construction, or renovation. To answer this need, [[Canada Mortgage and Housing Corporation]] (CMHC) has created an on-reserve housing loan program. Members of bands may enter into a trust agreement with CMHC, and lenders can receive loans to build or repair houses. In other programs, loans to residents of reserves are guaranteed by the federal government.
 
Provinces and municipalities may expropriate reserve land only if specifically authorized by a provincial or federal law. Few reserves have any economic advantages, such as resource revenues. The revenues of those reserves whichthat do are held in trust by the minister of [[Crown–Indigenous Relations and Northern Affairs Canada]]. Reserve lands and the personal property of bands and resident band members are exempt from all forms of taxation except local taxation.
 
Corporations owned by members of First Nations are not exempt, however. This exemption has allowed band members operating in proprietorships or partnerships to sell heavily taxed goods, such as cigarettes, on their reserves at prices considerably lower than those at stores off the reserves. Most reserves are self-governed, within the limits already described, under guidelines established by the ''Indian Act''.
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== Public policy ==
Indian reserves play a very important role in public policy stakeholder consultations, particularly when reserves are located in areas that have valuable natural resources with potential for economic development. Beginning in the 1970s, First Nations gained "recognition of their constitutionally protected rights."{{sfn|Henriques|Sadorsky|2004|p=12}} First Nations' rights are protected by section 35 of the ''[[Constitution Act, 1982]]''. By 2002, (Valiente) First Nations had already "finalised 14 comprehensive land claims and self-government agreements, with numerous others, primarily in northern Canada and British Columbia, at different stages of negotiations." Land claims and self-government agreements are "modern treaties" and therefore hold constitutional status.
 
=== CEPA 1999 ===
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== Water quality ==
{{main|Long-term drinking water advisories}}
By December 21, 2017, there were 67 long-term [[Boil-water advisory|boil-water advisories]] that had been in effect for longer than a year.<ref name="CTV_Aiello"/> These are "public water systems managed by the federal government".<ref name="CTV_Aiello">{{cite news |url=https://www.ctvnews.ca/politics/can-pm-trudeau-keep-drinkable-water-promise-to-first-nations-1.3736954 |title=Can PM Trudeau keep drinkable water promise to First Nations? |first=Rachel |last=Aiello |work=CTV News |date=28 December 2017 |access-date=20 February 2018}}</ref> There were also 18 communities that had "water issues for between two and 12 months."<ref name="CTV_Aiello"/>
 
According to statistics gathered by [[Health Canada]] and the [[First Nations Health Authority]], in 2015, there were "162 drinking water advisories in 118 First Nation communities".<ref name="canadians_water_crisis">{{cite web |url=https://canadians.org/media/federal-party-leaders-urged-end-drinking-water-crisis-first-nation-communities-once-and-all |title=Federal party leaders urged to end drinking water crisis in First Nation communities once and for all |series=Media Release |date=13 October 2015 |access-date=2 February 2018 |work=[[Council of Canadians]]}}</ref> In October 2015, [[Neskantaga First Nation]] reported that its "20-year boil-water advisory" was "the longest running drinking water advisory in Canada."<ref name="canadians_water_crisis"/> [[Shoal Lake 40 First Nation]] was under an 18-year boil water advisory.<ref name="canadians_water_crisis"/>
 
By 2006,{{sfn|CBC|2006}} nearly 100 Indian reserves had boil-water advisories and many others had substandard water. [[Ḵwiḵwa̱sut'inux̱w Ha̱xwa'mis First Nation]], on [[Vancouver Island]] off the British Columbia coast, had a boil-water advisory beginning in 1997.{{sfn|CBC|2006}} In October 2005, "high ''[[Escherichia coli|E. coli]]'' levels were found in the [[Kashechewan First Nation]] reserve's drinking water and chlorine levels had to be increased to 'shock' levels, causing skin problems and eventually resulting in an evacuation of hundreds of people from the reserve and costing approximately $16 million."{{sfn|CBC|2006}}
 
== Internet access/communication ==
There are Internet access issues unique to native communities, especially northern communities with limited or winter-only access and limited infrastructure.
 
==See also==
* [[Aboriginal land title in Canada]]
* [[Aboriginal reserve]] (Australia)
* [[Block settlement]]
* [[Indian reservation]] (United States)
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* [[Lands inhabited by indigenous peoples]]
* [[List of Indian reserves in Canada by population]]
* [[TheMonarchy Canadianof CrownCanada and the Indigenous peoples of Canada]]
 
== CitationsNotes and references ==
 
=== Notes ===
{{Reflist|30em}}
 
=== NotesReferences ===
{{refbegin}}▼
 
==References== Citations ====
▲{{refbegin}}
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{{refend}}
 
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*{{citation|url=https://www.canada.ca/en/indigenous-northern-affairs.html|publisher=INAC|title=Indigenous and Northern Affairs Canada| date=25 May 2021 }}
 
{{Types of administrative country subdivision}}
{{Numbertreaty}}
{{Indigenous rights footer}}
 
[[Category:1871 treaties]]
[[Category:Types of administrative division]]
[[Category:Indian reserves| ]]
[[Category:Local government in Canada]]
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