Question: Who Can Call the Reserve Their Home?
Answer: Land has been set aside for the use and benefit of the First Nation as a whole; individual First Nation members do not have a right of individual possession except by application of the Indian Act.
First Nation councils may enact residency by-laws that regulate on-reserve residency, but these by-laws cannot infringe on individual residency rights arising from the Indian Act.
While the majority of Registered Indians are members of a First Nation, it is important to note that not all Registered Indians are members of a First Nation.
If your First Nation is one of the 250 First Nations that controls its own membership, you will have to apply directly to your First Nation for membership.
To learn more about your reserve rights and responsibilities, contact your First Nation council or the Regional Director of Lands and Trust Services (LTS), DIAND for more details.