Indian Act excerpts pertaining to Kinookimaw

 

It is the position of the Federal and Provincial Crowns that the March 23, 1918 negotiated surrender of the lands forming part of the then described Indian Reservation 80A creates what the Indian Lands Registry defines as “designated lands”.  This special designation, by Sec. 38(2) of the Act, provides the Crown the legal authority to lease these lands to 3rd parties.  It is the position of the seven benefactor Indian Bands, and the position of current and past Federal governments, that the designation of IR80A was conditional upon benefits of the lease accruing to the named Bands.  Thus, the 1970 formation of the Kinookimaw Beach Association, who is the lessee of the lands from the Crown, was established as a corporation whose surplus revenues would flow to the corporation’s seven owners.  See relevant Act sections below.

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• 37 (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart

• 37 (2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.

• 38 (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.

• 38 (2) A band may, conditionally or unconditionally, designate, by way of surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.

 

The lands Kinookimaw residents inhabit are rightfully the property of the Federal Crown.  The Crown, by permission of surrender and designation under IA 38(2), has chosen to lease the lands to a 3rd party with the stipulation that benefits shall flow to the seven named Bands.  The lessee has chosen to subdivide and sublease the lands to individuals (Kinookimaw residents) with revenues being used to operate the subdivision and surpluses shared among the named Bands.  It is noteworthy that the Crown could choose to lease the lands to any 3rd party it wishes, provided the benefits of the lease accrue to the named Bands.  There is no legal requirement for the lands to be leased to any Indigenous corporation or entity, only that benefits accrue in that direction.

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With that background, the following flowchart visually describes our ownership and governance structure: