View source for Indian reserve

{{Short description|Land in Canada set aside by the Indian Act for First Nations}}
{{About|First Nations reservations in Canada|similar entities in the US|Indian reservation|similar terms|Indian reserve (disambiguation)}}
{{Use Canadian English|date=July 2021}}
{{Use dmy dates|date=June 2025}}

{{Infobox subdivision type
| name              = Indian reserve
| alt_name          = 
| map               = 
| caption           = 
| category          = [[Administrative division]]
| territory         = Canada
| upper_unit        = 
| start_date        = {{start date|1867|07|01}}
| legislation_begin = [[Constitution Act, 1867#First Nations, Inuit and Métis|Constitution Act, 1867]]
| current_number    = 3,394<ref name="e016"/>
| number_date       = 2020
| type              = 
| status            = 
| exofficio         = 
| density_range     = 
| government        = [[Band government]]
| subdivision       = 
}}
{{Indigenous Peoples of Canada}}
In Canada, an '''Indian reserve''' ({{langx|fr|réserve indienne}}){{refn|group=nb|''Indian'' is used here because of the historical nature of the article and the precision of the name, as with [[Indian hospital]].<ref name="Indian">{{Cite web |date=2012 |title=Terminology Guide: Research on Aboriginal Heritage |url=https://www.bac-lac.gc.ca/eng/discover/aboriginal-heritage/Documents/Terminology%20Guide%20%20Aboriginal%20Heritage.pdf |access-date=2023-04-08 |publisher=Library and Archives Canada}}</ref> It was, and continues to be, used by government officials, Indigenous peoples and historians while referencing the school system. The use of the name also provides relevant context about the era in which the system was established, specifically one in which Indigenous peoples in Canada were homogeneously referred to as ''Indians'' rather than by language that distinguishes [[First Nations in Canada|First Nations]], [[Inuit]] and [[Métis]] peoples.<ref name=Indian/> Use of ''Indian'' is limited throughout the article to proper nouns and references to government legislation.}} or '''First Nations reserve''' ({{langx|fr|réserve des premières nations}}) is defined by the ''[[Indian Act]]'' as a "tract of land, the legal title to which is vested in [[Monarchy of Canada|His Majesty]],<ref>{{Cite web |date=7 July 2023 |orig-date=Enacted 1985 |title=Basic Search ("Indian Act" "majesty") |url=https://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=majesty&txtT1tl3=%22Indian+Act%22&h1ts0n1y=0&ddC0nt3ntTyp3=Acts |access-date=2023-07-17}}</ref><!--Source still reads "Her" do not change until the Act changes.--> that has been set apart by His Majesty for the use and benefit of a [[band government|band]]."{{sfn|Government of Canada|1985|loc=Section 2 (1) (a)}} Reserves are areas set aside for [[First Nations in Canada|First Nations]], one of the major groupings of [[Indigenous peoples in Canada]], after a contract with the Canadian state ("[[the Crown]]"), and are not to be confused with [[Indigenous land claims in Canada#Comprehensive claims|Indigenous peoples' claims to ancestral lands]] under [[Aboriginal title#Canada|Aboriginal title]].

== Demographics ==
Canada has designated 3,394 reserves for over [[List of First Nations band governments|600 First Nations]], as per the federal publication "Registered Indian Population by Sex and Residence," Indian Status is granted to members of a registered band who are eligible to live on these reserves. By 2020, reserves provided shelter for approximately half of these band members.<ref name="e016">{{cite web | title=Reserves in Canada | website=The Canadian Encyclopedia | date=1 June 2011 | url=https://www.thecanadianencyclopedia.ca/en/article/aboriginal-reserves | access-date=2025-01-28}}</ref>

Many reserves have no resident population, such as the [[Kainai Nation]] (Blood) which has [[Blood 148]] (population 4,572 at the [[2021 Canadian census|2021 census]]), and [[Blood 148A]] (population 0 at the 2021 census).<ref>{{FNINAC|FNMain|435|Blood|28 June 2025}}, {{FNINAC|FNReserves|435|Blood|28 June 2025}}</ref><ref>{{cite web |url=https://www12.statcan.gc.ca/census-recensement/2021/dp-pd/prof/details/page.cfm?Lang=E&SearchText=Blood%20148A&DGUIDlist=2021A00054803802,2021A00054803803&GENDERlist=1,2,3&STATISTIClist=1,4&HEADERlist=0 |title=Census Profile, 2021 Census of Population Profile table Blood 148, Indian reserve (IRI) Alberta [Census subdivision] and Blood 148A, Indian reserve (IRI) Alberta [Census subdivision] |publisher=[[Statistics Canada]] |date=2 August 2024 |access-date=2025-06-28}}</ref> Typically they are small, remote, non-contiguous pieces of land, a fact which has led many to be abandoned, or used only seasonally (as a [[Trapline|trapping territory]], for example). [[Statistics Canada]] counts only those reserves which are populated (or potentially populated) as [[Census geographic units of Canada|"subdivisions" for the purpose of the national census]].

At the [[2021 Canadian census]] there were over 3,200 reserves across the country. Of these, 992 were [[Census geographic units of Canada#Census subdivisions|census subdivisions]], including 73 that had been added and 28 that had been removed since the [[2016 Canadian census|2016 census]].<ref>{{cite web |url=https://www12.statcan.gc.ca/census-recensement/2021/ref/dict/az/Definition-eng.cfm?ID=geo012 |title=Dictionary, Census of Population, 2021 Census subdivision (CSD) |publisher=Statistics Canada |date=7 July 2023 |access-date=2021-06-28}}</ref> Some reserves that were originally rural were gradually surrounded by urban development. [[Montreal]], [[Vancouver]] and [[Calgary]] are examples of cities with [[urban Indian reserve]]s.

== Governance ==
[[Band government]]s may administer more than one reserve, such as the [[Beaver First Nation]] with two reserves, [[Boyer 164]] and [[Child Lake 164A]],<ref>{{FNINAC|FNMain|445|Beaver|28 June 2025}}, {{FNINAC|FNReserves|445|Beaver|28 June 2025}}</ref> or the [[Membertou First Nation]], with [[Caribou Marsh 29]], [[Sydney 28A]], and [[Membertou 28B]].<ref>{{FNINAC|FNMain|26|Membertou|28 June 2025}}, {{FNINAC|FNReserves|26|Membertou|28 June 2025}}</ref>

Some reserves are shared by multiple bands, whether as fishing camps or educational facilities such as [[Pekw'Xe:yles]], a reserve on the [[Fraser River]] used by 21 bands.<ref>{{BCGNIS|59960|Pekw'Xe:yles}}</ref><ref>{{FNINAC|RVDetail|09657|Pekw'Xe:yles (Peckquaylis)|28 June 2025}}</ref> Another multi-band reserve of the [[Stó꞉lō]] peoples is [[Grass Indian Reserve No. 15]], which is located in [[Chilliwack]] and is shared by nine bands.<ref>{{FNINAC|RVDetail|08113|Grass 15|28 June 2025}}</ref>

== History ==

=== Treaties and reserves, 1763–1867 ===
After the [[Royal Proclamation of 1763]] but before [[Canadian Confederation|Confederation in 1867]], the [[Upper Canada]] Treaties (1764–1862 Ontario) and the [[Douglas Treaties]] (1850–1854 British Columbia) were signed. "Some of these pre-confederation and post-confederation treaties addressed reserve lands, hunting, fishing, trapping rights, annuities and other benefits."{{sfn|DIAND|2003|page=1}} Governor [[James Douglas (governor)|James Douglas]] of the [[Colony of British Columbia (1858–1866)|Colony of British Columbia]], which formally became a colony in 1858, also worked to establish many reserves on the mainland during his tenure, though most of these were overturned by successor colonial governments and later [[royal commission]]s once the province joined Confederation in 1871.

=== ''Constitution Act 1867'' ===
In 1867, legislative jurisdiction over "Indians and Lands reserved for the Indians" was assigned to the [[Parliament of Canada]] through the ''[[Constitution Act, 1867]]'',{{sfn|Government of Canada|1867}} a major part of [[Constitution of Canada|Canada's Constitution]] (originally known as the ''[[British North America Acts|British North America Act]]''), which acknowledged that First Nations had special status. Separate powers covered "status and civil rights on the one hand and Indian lands on the other."{{sfn|GC|1870}}{{sfn|Government of Canada|1867|loc=s.146}}

In 1870, the newly formed Dominion government acquired [[Rupert's Land]], a vast territory in [[British North America]] consisting mostly of the [[Hudson Bay drainage basin]] that had been controlled by the [[Hudson's Bay Company]] under its [[Royal charter|charter]] with the [[The Crown|British Crown]] from 1670 to 1870. Numerous aboriginal groups lived in the same territory and disputed the sovereignty of the area. The [[Name of Canada#Kingdom and Dominion|Dominion of Canada]] promised Britain to honour the provisions of the [[Royal Proclamation of 1763]] to "negotiate with its Amerindians for the [[Aboriginal title#Extinguishment|extinguishment of their title]] and the setting aside of reserves for their exclusive use."{{Citation needed|date=May 2023}} This promise led to the [[Numbered Treaties]].{{sfn|Dickason|2009|page=241}}

=== Numbered treaties, 1871–1921 ===
Between 1871 and 1921, through [[Numbered Treaties]] with First Nations, the Canadian government gained large areas of land for settlers and for industry in [[Northwestern Ontario]], [[Northern Canada]] and in [[Canadian Prairies|the Prairies]]. The treaties were also called the Land Cession or Post-Confederation Treaties.{{sfn|Robert|2001}} [[Treaty 1]] is an agreement established 3 August 1871, between the Crown and various [[First Nations in Canada|First Nations]] in southeastern [[Manitoba]], including the [[Anishinaabe]] and the [[Swampy Cree]] tribes. Treaty 1 First Nations comprise the [[Brokenhead Ojibway Nation|Brokenhead Ojibway]], Fort Alexander ([[Sagkeeng First Nation|Sagkeeng]]), [[Long Plain First Nation|Long Plain]], [[Peguis First Nation|Peguis]], [[Roseau River Anishinabe First Nation|Roseau River Anishinabe]], [[Sandy Bay First Nation|Sandy Bay]], and [[Swan Lake First Nation]]s.<ref>{{cite web |url=https://treaty1.ca/t1n/ |title=Treaty One Nations |access-date=28 June 2025}}</ref>

=== The ''Indian Act 1876'' ===
The rights and freedoms of Canada's First Nations people have been governed by the ''Indian Act'' since its enactment in 1876{{sfn|Clegg|1982}} by the Parliament of Canada. The provisions of Section 91(24) of the ''[[Constitution Act, 1867]]'', provided Canada's federal government exclusive authority to legislate in relation to "Indians and Lands Reserved for Indians".{{sfn|Government of Canada|1867}}

[[Wiikwemkoong First Nation|Wikwemikong Unceded Reserve]] on [[Manitoulin Island]] is subject to the ''Indian Act'' provisions governing reserves even though its lands were [[Aboriginal title|never ceded]] to the Crown by treaty.<ref>{{Cite web |title=Our History |url=https://wiikwemkoong.ca/history/ |access-date=2021-07-12 |publisher=Wiikwemkoong Unceded Territory}}</ref><ref>{{Cite web |title=Wiikwemkoong Unceded Territory |url=https://www.thecanadianencyclopedia.ca/en/article/wiikwemkoong-unceded-territory |access-date=2021-07-12 |publisher=[[The Canadian Encyclopedia]]}}</ref>

== ''Indian Act'' ==
The ''Indian Act'' gives the [[Minister of Crown–Indigenous Relations and Northern Affairs]] the right to "determine whether any purpose for which lands in a reserve are used is for the use and benefit of the band."{{sfn|Government of Canada|1985|p=10}} Title to land within the reserve may be transferred to only the band or to individual band members. Reserve lands may not be seized legally, nor is the personal property of a  band or a band member living on a reserve subject to "charge, pledge, mortgage, attachment, levy, seizure distress or execution in favour or at the instance of any person other than an Indian or a band".{{sfn|Government of Canada|1985|loc=Section 89 (1)}}

=== Housing loans ===
While the act was intended to protect the Indian holdings, the limitations make it difficult for the reserves and their residents to obtain financing for development and construction, or renovation. To answer this need, [[Canada Mortgage and Housing Corporation]] (CMHC) has created an on-reserve housing loan program. Members of bands may enter into a trust agreement with CMHC, and lenders can receive loans to build or repair houses. In other programs, loans to residents of reserves are guaranteed by the federal government.

Provinces and municipalities may expropriate reserve land if specifically authorized by a provincial or federal law. Few reserves have any economic advantages, such as resource revenues. The revenues of those reserves that do are held in trust by the minister of [[Crown–Indigenous Relations and Northern Affairs Canada]]. Reserve lands and the personal property of bands and resident band members are exempt from all forms of taxation except local taxation.

Corporations owned by members of First Nations are not exempt, however. This exemption has allowed band members operating in proprietorships or partnerships to sell heavily taxed goods, such as cigarettes, on their reserves at prices considerably lower than those at stores off the reserves. Most reserves are self-governed, within the limits already described, under guidelines established by the ''Indian Act''.

Due to treaty settlements, some Indian reserves are now incorporated as villages, such as [[Gitlaxt'aamiks]], British Columbia, which like other [[Nisga'a]] reserves was relieved of that status by the [[Nisga'a Final Agreement|Nisga'a Treaty]]. Similarly, the Indian reserves of the [[shíshálh Nation]] are now [[List of municipalities in British Columbia#Indian government districts|Indian government districts]], the [[shíshálh Nation Government District]].

== Public policy ==
Indian reserves play a very important role in public policy stakeholder consultations, particularly when reserves are located in areas that have valuable natural resources with potential for economic development. Beginning in the 1970s, First Nations gained "recognition of their constitutionally protected rights."{{sfn|Henriques|Sadorsky|2004|p=12}} First Nations' rights are protected by section 35 of the ''[[Constitution Act, 1982]]''. By 2002, (Valiente) First Nations had already "finalised 14 comprehensive land claims and self-government agreements, with numerous others, primarily in northern Canada and British Columbia, at different stages of negotiations." Land claims and self-government agreements are "modern treaties" and therefore hold constitutional status.

=== CEPA 1999 ===
The ''[[Canadian Environmental Protection Act, 1999]]'' (CEPA), "places aboriginal participation on par with federal ministers and the provinces in the National Advisory Committee."{{sfn|Henriques|Sadorsky|2004|p=12}} Among other things, CEPA clarified the term "aboriginal land" in 3 (1): "The definitions in this subsection apply in this Act. "aboriginal land" means (a) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the ''Indian Act''."<ref>{{Cite web |title=CEPA 1999 |url=http://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=first+nations&txtT1tl3=%22Canadian+Environmental+Protection+Act%2c+1999%22&h1ts0n1y=0&ddC0nt3ntTyp3=Acts}}</ref> Under sections 46–50 of the CEPA, the [[National Pollutant Release Inventory]] (NPRI) was initiated by [[Environment and Climate Change Canada]]. NPRI is the inventory of "pollutants released, disposed of and sent for recycling by facilities across the country".{{sfn|Colihan|2008}} The NPRI is used by First Nation administrations on reserves, along with other research tools, to monitor pollution. For example, NPRI data showed the [[Aamjiwnaang First Nation]] in [[Sarnia]], Ontario, was "ground zero for Ontario's heaviest load of air pollution."{{sfn|Colihan|2008}}

== Water quality ==
{{main|Long-term drinking water advisories}}
By 21 December 2017, there were 67 long-term [[Boil-water advisory|boil-water advisories]] that had been in effect for longer than a year.<ref name="CTV_Aiello" /> These are "public water systems managed by the federal government".<ref name="CTV_Aiello">{{Cite news |last=Aiello |first=Rachel |date=28 December 2017 |title=Can PM Trudeau keep drinkable water promise to First Nations? |url=https://www.ctvnews.ca/politics/article/can-pm-trudeau-keep-drinkable-water-promise-to-first-nations/ |access-date=2018-02-20 |work=CTV News}}</ref> There were also 18 communities that had "water issues for between two and 12 months."<ref name="CTV_Aiello" />

According to statistics gathered by [[Health Canada]] and the [[First Nations Health Authority]], in 2015, there were "162 drinking water advisories in 118 First Nation communities".<ref name="canadians_water_crisis">{{Cite web |date=13 October 2015 |title=Federal party leaders urged to end drinking water crisis in First Nation communities once and for all |url=https://canadians.org/media/federal-party-leaders-urged-end-drinking-water-crisis-first-nation-communities-once-and-all |access-date=2018-02-02 |website=[[Council of Canadians]] |series=Media Release}}</ref> In October 2015, [[Neskantaga First Nation]] reported that its "20-year boil-water advisory" was "the longest running drinking water advisory in Canada."<ref name="canadians_water_crisis" /> [[Shoal Lake 40 First Nation]] was under an 18-year boil water advisory.<ref name="canadians_water_crisis" />

By 2006,{{sfn|CBC|2006}} nearly 100 Indian reserves had boil-water advisories and many others had substandard water. [[Ḵwiḵwa̱sut'inux̱w Ha̱xwa'mis First Nation]], on [[Vancouver Island]], had a boil-water advisory beginning in 1997.{{sfn|CBC|2006}} In October 2005, "high ''[[E. coli]]'' levels were found in the [[Kashechewan First Nation]] reserve's drinking water and chlorine levels had to be increased to 'shock' levels, causing skin problems and eventually resulting in an evacuation of hundreds of people from the reserve and costing approximately $16 million."{{sfn|CBC|2006}}

==See also==
* Canada
** [[Aboriginal land title in Canada]]
** [[Block settlement]]
** [[Indian settlement]]
** [[Indigenous specific land claims in Canada]]
** [[List of Indian reserves in Canada by population]]
** [[Monarchy of Canada and the Indigenous peoples of Canada]]
** [[Classification of municipalities in Quebec#Aboriginal local municipal units]] (Terres réservées aux Cris, Terres réservées aux Naskapis)
** [[Nisga'a Final Agreement]] (Nisga'a land)
** [[Tsawwassen Lands]]
** [[Tla'amin Nation]] (Tla'amin Lands)

*Elsewhere
** [[Aboriginal reserve]] (Australia)
** [[Indian reservation]] (United States)
** [[Lands inhabited by Indigenous peoples]]

== Notes and references ==

=== Notes ===
{{reflist|group=nb}}

=== References ===
{{Reflist|30em}}

==== Citations ====
{{refbegin}}
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* {{Citation |last=StatsCan |title=Tsinstikeptum 9 |year=2011a |url=http://www12.statcan.gc.ca/nhs-enm/2011/as-sa/fogs-spg/Pages/FOG.cfm?lang=E&level=4&GeoCode=5935802 |series=National Household Survey (NHS) Focus on Geography Series |publisher=Statistics Canada }}
* {{Citation |last=StatsCan |title=High Level Indicators –Aboriginal Peoples Survey 2012 |year=2012 |url=http://www23.statcan.gc.ca/imdb-bmdi/document/3250_D5_T9_V1-eng.pdf |series=2012 Aboriginal Peoples Survey (APS) |publisher=Statistics Canada }}
* {{Citation |title=Inclusive language guidelines |date=n.d. |url=http://www.publicaffairs.ubc.ca/styleguide/content/inclusive_lang.html |place=Vancouver, BC |publisher=University of British Columbia |ref={{sfnref|UBC|nd}} |access-date=15 August 2013 |archive-date=16 February 2014 |archive-url=https://web.archive.org/web/20140216101300/http://www.publicaffairs.ubc.ca/styleguide/content/inclusive_lang.html |url-status=dead }}
{{refend}}

== Further reading ==
*{{Cite report |url=http://www12.statcan.gc.ca/nhs-enm/2011/as-sa/fogs-spg/Pages/FOG.cfm?lang=E&level=4&GeoCode=5935802 |title=Tsinstikeptum 9 |last=StatsCan |publisher=Statistics Canada |series=National Household Survey (NHS) Focus on Geography Series |year=2011a}} This series provides data on individual reserves including population by Aboriginal identity, immigrant population, educational attainment, labour, income and housing. In the documents footnote it was pointed out that, "[r]espondents self-identified as 'First Nations (North American Indian)' on the NHS questionnaire; however, the term 'First Nations people' is used throughout this document." In the document, "term 'Aboriginal identity' refers to whether the person reported being an Aboriginal person, that is, First Nations (North American Indian), Métis or Inuk (Inuit) and/or being a Registered or Treaty Indian, (that is, registered under the ''Indian Act'' of Canada) and/or being a member of a First Nation or Indian band. Aboriginal peoples of Canada are defined in the ''Constitution Act, 1982'', section 35 (2) as including the Indian, Inuit and Métis peoples of Canada."

== External links ==
*{{Citation |title=Indigenous and Northern Affairs Canada |date=25 May 2021 |url=https://www.canada.ca/en/indigenous-northern-affairs.html |publisher=INAC}}

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[[Category:1871 treaties]]
[[Category:Indian reserves| ]]
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