A complete dog's breakfast

Although it is unceded, i.e., not signed away or acquired, The Crown nevertheless owns so-called unceded land and that includes all Indigenous lands, traditional territories and reserve land.  It's complicated, which is why lawyers are making so much money squabbling in the courts.

According to the research I have done, the courts have reaffirmed that areas under Aboriginal title are not outside the jurisdiction of the provinces and that provincial law still applies.  An Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band."  Further digging reveals that, simply stated, First Nations do not own their land.  "Her Majesty continues to own the majority of reserve land, continues to have complete jurisdiction over the land and continues to manage the use of the land for the benefit of the residents."  

I was not aware that only 9.7% of the total land in Canada is privately-owned; the rest is Crown Land -- including all indigenous and unceded land.  In B.C., where the blockades began, 94% of all land is owned by The Crown, two percent of which is covered by fresh water.  Federal Crown Land makes up a further one percent of the entire province, including Indian reserves, defence lands and federal harbours.  In that province, five percent is privately-owned.

But as the legal battles attest, lawyers on both sides argue different positions.  In my mind, unless the Indian Act is amended, it's clear who owns the land:  The Crown.  Time to damn the torpedoes and pull down the blockades.  At this point, 10,000 rail cars loaded with grain are rotting on sidings and even if goods started moving today, it would take four months for the system to get back to normal.  In my mind, that means eight.

This has got to stop.  The Indians have to get their own act together and decide who speaks for them, the elected councils or the hereditary chiefs.  As this is a rule-of-law country, it has to be the elected officials.  Otherwise, it would be like me saying that since I live on a certain parcel of land and have been given local, traditional authority, I override our elected city councillor.  

Huh?!