Aboriginal Lands – Reserve lands – Possession for occupation and use – Title and ownership – The Lawyer’s Daily

September 04, 2018

Appeal by member of the First Nation from the Deputy Minister’s decision rejecting his application for possession of the parcel of land on the reserve. The appellant’s mother was a member of the First Nation and resided for 35 years on a parcel of land on the reserve, which she said she purchased from her brother. However, when the mother applied for a certificate of possession, the First Nation refused to grant it on the basis her brother never owned the property and it was band land. When the mother died, she left any interest she had in the property to the appellant. The appellant applied to the Minister for a certificate of possession on the basis of a transfer of possession under s. 12 of the Indian Estate Regulations. The Minister found that s. 12 could not override or contradict the scheme of the Indian Act, specifically s. 20. Additionally, the Minister found that s. 12 could not be used to establish adverse possession, a concept that was inapplicable to reserve land.

Read More: https://www.thelawyersdaily.ca/articles/7243