Can lands surrendered for leasing fall within the definition of designated lands?
British Columbia, Canada
The following excerpt is from Skway Indian Band Council et al. v. James et al., 2005 BCSC 300 (CanLII):
Lands surrendered for leasing cannot be regarded as having been surrendered absolutely and, as a result, fall within the definition of designated lands: see St. Mary’s Indian Band v. Cranbrook (City), 1997 CanLII 364 (SCC), [1997] 2 S.C.R. 657. At the same time, designated lands are not included in the definition of reserve lands for purposes of ss. 20 to 25 of the Indian Act with which this action is concerned.
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