Creating Indigenous PropertyCreating Indigenous Property

In Canada, there is an increased push toward the privatization of Indigenous lands, a problematic development given how central land is to Indigenous societies, cultures, and legal systems. Further complicating this situation is the unique position of Indigenous peoples and the blurred line between private and public law when it comes to analyzing land claims. Furthermore, what is private and what is public is not a clear distinction within Indigenous law, an issue scholars and practitioners are wrestling with more and more. The question that runs through many of the debates around this issue is whether the move towards privatizpation is a manifestation of the negative forces of capitalism at work or an economic engine the Indigenous peoples can take advantage of to rectify the systemic effects of colonization.