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Introduction: The Role of Indigenous Law in the Privatization of Lands

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posted on 2023-03-06, 19:49 authored by Angela Cameron, Sari GrabenSari Graben, Val Napoleon

[First paragraph]: "There is a move afoot in Canada towards the privatization of Indigenous lands.  This move is striking, given the centrality of lands to Indigenous laws and legal orders, as well as to overall economic and social flourishing. But what is privatization? While widely used across many discourses, what is meant by privatization varies. Privatization is often defined as “the transfer of an ongoing business or service from  government control and ownership to the private sector.” However, there is no bright line between what is public and what is private, especially when concerning Indigenous peoples and their lands. For our purposes and to set the stage for the chapters that follow, privatization is used here to capture the replacement of services on Indigenous lands and ownership of those lands by governments with individuals or organizations owned and controlled by individuals."

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    Lincoln Alexander School of Law

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