HOW LAND CODES TURN RESERVES INTO MUNICIPALITIES

by Johnny Hawk

Many of our grassroots peoples are echoing talking points of prominent Indigenous activists and academics regarding the Framework Agreement on First Nations Lands Management. Such voices of influence have amped up concerns that reserves are being turned into “municipal-type” bodies which is causing such grassroots to misinterpret that as bands under becoming fee simple lands and under provincial jurisdiction through the FNLMA regime. 

Many of our People and the so-called Canadian citizen have been deceptively educated on the legal history of Provinces and land. I break down the complexities of land management statutes using Canada’s own laws which is not my opinion nor a misunderstanding but share clear and simple facts in the statutes provided. I encourage everyone not to take my word but research for yourself these statutes. 

BANDS ARE ALREADY MUNICIPALITIES

Does the First Nations Lands Management Act turn a “band” into a municipality? The answer is no, however this matter is more complex then to just say no. All provinces and territories have their own enactment for a municipality which defines what a “municipality” is and the legal definition in those acts are “a geographical area where the inhabitants are incorporated and have an elected council; both are a body corporate.” 

The definition of a “band” and or “reserve” under the Indian Act is also a geographical area whose inhabitants are incorporated and have an elected council whereby both are a body corporate. An “Indian Band” although is lands specifically for Indians and is under federal jurisdiction is still synonymous to the legal definition of a municipality.

A municipality and an Indian Band both act as local authorities for their residents to provide local services; manage land use and community planning; have governing councils; interact with higher levels of government and are juridical persons, corporations. Bands under the Indian Act are already municipalities aka an area of incorporated bodies of persons that have an elected council where both are the body corporate.  

THE PROVINCIAL LAWS THAT ALREADY APPLY TO RESERVES

Provincial traffic laws; Environmental Protection; Health and Safety Rules; Labour Standards (with exceptions) and Provincial Court Systems.

INDIGENOUS LANDS UNDER PROVINCIAL JURISDICTION

The Peace and Friendship and Upper Canada Treaties made with the Crown and our Nations opened up our Territories for our allies the British to establish their colonies of Nova Scotia, New Brunswick, Upper and Lower Canada and later the Numbered Treaties that allowed for the later provinces. 

Many of these Treaties were improper cessions of land involving fraud on part of the Crown and inadequate compensation and Treaty violations up to present day. The majority of these Traditional Lands are under Provincial Jurisdiction.    

According to a 2024-2025 Crown-Indigenous Relations and Northern Affairs Canada report there is a total of more than 1,100 unresolved claims or land-title issues (specific + comprehensive + litigation + special).

Indigenous Nations have to spend hundred of millions and years in court and prove section 35 tests if they want to file concerns about their Traditional Territories that the Province occupies. The Provinces have jurisdiction over our Traditional Territories and issue permits to multinational corporations to exploit the resources and leave our lands contaminated and depleted despite our inherent rights. We are not nearly as compensated for our Territories where multinational corporations and the province benefit more in flawed agreements. 

PROVINCIAL LANDS ARE REALLY FEDERAL LANDS

The British North America Act, 1867/ The Constitution Act 1867

The Myth: Section 109 says the land and natural resources inside a province belong to that provinces not Ottawa unless those lands were already federally owned at Confederation.

Factual Emphasis: The four British colonies; Nova Scotia, New Brunswick, Upper Canada and Lower Canada did not become free, sovereign provinces nor did any lands become their through the 1867 BNA Act. The provinces were only colonies before and after the creation of the Dominion of Canada. The 1867 BNA Act was only a consolidation of these colonies the become one unit called a Dominion. A Dominion was still the possession of lands belonging to the UK Crown in Chancery. The 1867 BNA created no Federal Government and Confederation of independent provinces. The Dominion of Canada was still a colony of the UK.

The British North America Act, 1930 - Enactment No. 16

The Myth: The British North America Act, 1930 was a constitutional amendment that gave the Prairie provinces and BC the same control over their natural resources as the original provinces of Confederation (like Ontario) had enjoyed since 1867. 

Transfer of Public Lands Generally.

1. In order that the Province may be in the same position as the original Provinces of Confederation are in virtue of section one hundred and nine of the British North America Act, 1867, the interest of the Crown in all Crown lands, mines, minerals (precious and base) and royalties derived therefrom within the Province, and all sums due or payable for such lands, mines, minerals or royalties, shall, from and after the coming into force of this agreement,

Factual Emphasis: Queen Victoria, Her Heirs and Successors in Sec 2 of the BNA Act were the enacting clause, the executive power. The UK 1893 Statue Revision Act removed Sec 2 of BNA Act; When Queen Victoria died in 1901 so did the BNA Act which no longer could be amended or reenacted. The UK held Imperial Conferences over 30 years with its Dominions regarding how to deal with this and created the 1931 Statue of Westminister. This Statue allowed the Dominions to become their own free Independent States no longer attached to the UK. The Politicians of the Dominion of Canada saw this and didn’t want the hand over the power and the lands to the provinces and deceptively and unlawfully amended The British North America Act, to create these Natural Resources Transfer Act. This put all lands of the provinces in the hands of the so called assumed Federal Government. 

Provincial Lands just like Reserve Lands under the deception that is Canada are Federal Lands.

WHAT FIRST NATION LAND CODES ACTUALLY DO

The First Nations Land Management (FNLM) Act enables First Nations to opt out of 44 sections of the Indian Act related to land and environmental management. The Framework Agreement on First Nations Land Management lets First Nations run their own land affairs without federal interference. It replaces pieces of the Indian Act and gives communities the power to make their own land laws, manage their resources, and speed up development, all through a community-approved Land Code.

Yellowhead Institute is an Indigenous-led research and education centre based in the Faculty of Arts at Toronto Metropolitan University. The Institute published a special report in 2019 titled, The Rise of the First Nations Land Management Regime in Canada: A Critical Analysis

https://yellowheadinstitute.org/report/fnlma-analysis/ 

The report shares this on the FNLMA Regime:

• Positive: FNLMA gives real, tangible land-management power to First Nations; it has economic promise; and it builds local governance.

• Critical: But it is not a full decolonization or self-government solution. It risks commodifying land, shifts burdens to First Nations, and doesn’t address broader issues of Indigenous land title beyond reserves.

Yellowhead ultimately sees the regime as a double-edged sword: a pragmatic tool for greater self-determination, but one embedded in settler-colonial structures and market logic.

Russell Diabo a Mohawk from Kanawake is a First Nations policy analyst, and has history of resistance and decades of advocacy for Indigenous Sovereignty. He published First Nations Bulletin and has been sharing his critical analysis on the FNLMA Regime.

According to Diabo, land codes: give delegated powers (not sovereign powers); limit governance to reserve boundaries; create land-use and permitting regimes similar to municipalities; shift First Nations toward administrative service delivery; maintain the Crown’s underlying title and control fit into a policy agenda that treats First Nations as “local governments.” He argues that land codes transform First Nations into municipal-type bodies rather than sovereign nations.

AN EXTINGUISHMENT OF INHERENT RIGHTS AND TITLE

The UK 1893 Statute Law Revision Act removed Sec 2, the Monarch and all Heirs and Successors from the BNA Act, 1901 after Queen died, so did the BNA and Indian Act which could never be reenacted of amended. The UK 1931 Statute of Westminster allowed the UK’s Dominions to become Sovereign Nations free of the UK. Queen Elizabeth and UK enacted the 1982 Canada Act but all Provinces needed sign Schedule B and make 3 Proclamations this did not happen also this act amended the BNA Act into the Constitution Acts 1867/1982 which the UK had not authority, legal right to do as per 1893 Statute Revision Act and 1932 Statute of Westminster.

The Charter of Rights and Freedoms is an illegal, unlawful enactment created by a foreign monach and government for a free independent People. Section 35 defines an “Indian” under the Indian Act as a legal person, a corporation. The Indian Act is a dead act. It is only the Indigenous Peoples who are choosing to illegally and unlawfully be subjugated by it by the Corporation called Canada.

Indigenous Rights under Sec 35. Inuit, Metis, Indians and Non-Status Indians are legal persons, a corporation under Sec 35. A legal person, corporation is not a human being but artificial person and can not have inherent fundamental rights and freedoms. The precedent Case Law that defines Indigenous Rights in common-law within the corporation of Canada is St.Catharines Milling and Lumber Company v R 1888 brought the Doctrine of Discovery into the corporation, Canada; This held that Indigenous title is subject to Canada and Canada has jurisdiction over Indians and all lands.  

So asserting Sec 35 Rights and Canada’s Framework Agreement on First Nations Lands Management is an extinguishment of inherent rights and title to our Territories to become “civilized”, the legal person in civil jurisdiction. It is also an act of Fraud legitimizing the fraudulent legal existence of Canada and its Provinces. 

MY FIGHT WITH THE FRAMEWORK AGREEMENT AND LAND CODE 

Above: One of a collective of heavy equipment that were using my property as a parking lot and space to do Hydro work. I have no issue with needed work to be done only the mechanism it is being done by. A Sacred Fire was ran over by these vehicles. Grandmothers rose and lilac bushed destroyed, removed, ruts created, dirt and lawn uprooted. No Consultation or Consent. Band and Hydro used a defective invalid easement.

Canada’s Beausoleil First Nation’s Indian Act Band Council administers services and programs in my community of Gchmnissing Anishinabek. The Band Council signed on to the Framework Agreement in 2012 and ratified a Land Code in 2019. 

To summarize this matter, I filed a Federal Human Rights Complaint on Canada, Beausoleil First Nation and Hydro One. There is no Easements in the Land Code that was adopted. The Band and Hydro One have been using a defective, invalid Easement permitted by Indian Affairs in 1955. Hydro one damaged my families vacant property and parked vehicles for a week on and off work hours without informing and getting consent. The Band Land’s Department replied to my initial complaint by informing me that any interest or licence in Beausoleil First Nation land that existed when the Land Code took effect will continue in force in accordance to the terms and conditions. 

Above: Indigenous Services Abstract and a Minutes of a Meeting of Privy COuncil 1955. The BFN Band Council in 1955 only allowed an Easement for the Common Lands and notindividual CP Plots of the Reserve but Indian Affairs ignored them and surrendered the whole of the reserve for Hydro to use.

I am using the Canada’s own laws against itself in this matter and am using specifically Coldwater Indian Band v. Canada (Indian and Northern Affairs), 2017 and Cowichan Tribes v. Canada (Attorney General), 2025 held that the Crown must reassess the continued legitimacy or fairness of agreements entered into decades earlier, such as a 1957 pipeline easement. affirms that Aboriginal title predates Crown grants: The court found that certain fee simple interests granted by the province, which could include easements, were constitutionally defective and invalid because they unjustifiably infringed on Aboriginal title and Canada owes the duty to Free Prior and Informed Consent.

For more on my matter and the legal arguments and path I use that may help you your fight against a Band Council follow the link:

Hawke Response Letter.pdf

Download PDF • 94KB

The main point I wanted to share in this matter is the Ratification Threshold to enact these Land Codes on Community and as it pertains to Indigenous Title violates Canada's own laws. 

THE DOUBLE STANDARD 

Canada recognizes and holds by Supreme Court of Canada decisions in Delgamuukw v. British Columbia (1997), Tsilhqot’in Nation v. British Columbia (2014) where the Courts explicitly state that Aboriginal title “cannot be held by individual Aboriginal persons,” because it is a communal interest of the group.

Canada’s Framework Agreement on First Nations Lands Management in section 7.4 (a) That a Council may establish establish a percentage of eligible voters who must participate in the vote in order for the result to be binding; (25% plus 1 of eligible voters to ratify agreement)

 (b) require that a percentage greater than fifty percent of participating eligible voters must vote to approve the land code and individual agreement in order to obtain community approval.

The Beausoleil Band Council choose option 7.4 (a) along with many other Band Councils 25% plus one of edible voters to accept the agreement and pass a land code. 

A First Nation can hold a second vote, or subsequent votes, on matters under the Framework Agreement on First Nation Land Management (FNLM), particularly if the required approval threshold was not met in the initial vote. The specific procedures for such votes are outlined in the Community Approval Process (CAP) developed by each First Nation as part of its unique Land Code. 

FNLMA/FAFLM/LAND CODES, are only enacted by a small minority of Individuals of "Indians" in approved by Canada thresholds which is in violation of Anishinabek Law. Anishinabek law is community Consenus. Graphic by Gord Hill (Zigzag) Warrior Publication. Gord Hill is of the Kwakwaka'wakw nation.

So Canada recognizes that Indigenous Title is held by the Collective and can’t be held by an individual or individuals however Canada also recognizes through this Lands Regime that Indigenous Title is also held not by the collective but a minority of individuals.

This is laughable as the Beausoleil First Nations Lands Department informed me when I raised concerns about the damage of my property and seeking compensation that I am only an individual minority, 1/3 of the property Certificate of Possession holder to my Family Lands. By their standards I am 25% plus one my two Aunts never participated in raising concerns so what I say is the law. The Irony is ironic.

Does the First Nations Lands Management Act, Framework Agreement on First Nations Lands Management and Band’s Land Codes turn reserves into Municipalities and Fee Simple Lands and under the jurisdiction of the Province? It does a lot more then that. This is another Agreements like Settlement Agreements and Self Government Agreements and Sec 35 Rights that extinguish Indigenous Title and Inherent Rights acknowledging Canada has ultimate title and jurisdiction over Indians. This Agreement does not take you out of the 44 Section of the Indian Act regarding land but puts you back in the Indian Act as it is a dead enactment since 1901. 

Canada is not extinguishing our Title and Rights, Indians are who are legitimizing our Genocide through accepting Payouts, Settlements and these agreements.