Reserve Creation at Natuashish

[February 2004] – On December 11, 2003 the new community of Natuashish was set apart as reserve land for the Mushuau Innu First Nations.

The community of Natuashish was constructed from previously undeveloped land as a part of the Mushuau Innu Relocation Agreement (MIRA). The Mushuau Innu from Davis Inlet have now relocated to Natuashish. Reserve creation at Natuashish, along with the relocation of the Mushuau Innu, is part of a long-term strategy, to address the social challenges of the community.

The Mushuau Innu chose the Natuashish site, which is within their traditional territory, with the agreement of Canada and the Province of Newfoundland and Labrador in 1996. There are no neighbouring municipalities. The nearest communities are Davis Inlet, which will be decommissioned as part of the Mushuau Innu Relocation Agreement, and the coastal community of Hopedale. The area at Natuashish set apart as reserve land is approximately 4265.486 hectares, which includes a water lot for the wharf site of approximately 1.582 hectares and a water lot for the barge site of approximately 0.252 hectares.

The Federal Crown holds legal title to reserve lands. Indian and Northern Affairs Canada administers, controls and manages reserve land for the First Nation on behalf of the Crown. The Mushuau Innu First Nation may assume responsibility for managing certain aspects of the reserve land in the future, should they choose to do so.

Within the reserve, the First Nation may choose to designate land for leasing purposes. Leasing reserve land is usually used for economic development ventures for band or non-band members. Designation for leasing offers the First Nation increased flexibility to change or adapt the use of land according to the community's needs, maintains long-term interest in the land, and provides the Band with income in the form of rent based on fair market value. Designations must be assented to by band members through a referendum.

Within Natuashish, certain lands are to be set aside by the Minister of Indian Affairs and Northern Development, with the consent of the Mushuau Innu First Nation Band Council, for specific, non-commercial purposes that improve the general welfare of the First Nation. An example would be the land set aside for the school and the nursing station.

In the future, if the Mushuau Innu First Nation wants to give up complete interest in a piece of land it would be an absolute surrender to the Crown. This type of surrender might occur if the First Nation wants to trade one piece of land for another. Land that has been absolutely surrendered is no longer part of the reserve.

With reserve creation, the Indian Act gives the Council the authority to pass by-laws for a variety of purposes, as outlined in the Indian Act. This includes the observance of law and order, zoning, property taxation on-reserve, health hazards, road construction and maintenance.
Council can determine who can live on a reserve, however, no by-law can infringe on an individual's rights under the Indian Act. With the consent of a majority of electors of the First Nation, Council can also enact a by-law banning the possession, use and sale of intoxicants on-reserve. Copies of all by-laws must be shared with the Minister of Indian Affairs and Northern Development before they come into effect.

By-laws enacted by Council do not apply outside the geographic boundaries of the reserve. However, many provincial laws do apply to the reserve. This includes laws regarding child welfare, family law, contracts, corporations, and the regulation of professions and trades. Generally, if the province has the constitutional authority to pass the law, and it applies the law to all residents of that province, the law will apply on reserve.

Work on reserve creation at Sheshatshiu for the Sheshatshiu Innu First Nation continues and is expected to be complete some time in 2004. Reserve creation for Sheshatshiu is taking longer than for Natuashish as Sheshatshiu was a pre-existing community with many land interests.

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