Indian reserves were created under the Indian Act and are defined as a “tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band.” 

In other words, reserve lands are not owned by First Nations bands but are held in trust by the federal Crown.

Section 91 (24) of the Constitution Act, 1867 gives Parliament authority over “Indians, and lands reserved for the Indians”. The Indian Act is the principal mechanism by which Parliament exercises that authority.

In recent decades new legislation and programs have been introduced to provide some land management powers to Indigenous communities on reserve.