Treaty Indians in Alberta, Saskatchewan and Manitoba have been cleared to sell farm products produced on a reserve, according to an order issued by the federal government Feb. 3.

The unusual directive was published in the Feb. 17 edition of the Canada Gazette, making it official.

It provides a specific exemption from section 32 of the Indian Act, the federal legislation that covers almost all elements of the relationship between Canada's status Indians and the government.

Many of the Indian Act sections have been criticized as paternalistic and out-of-step with current attitudes. However, reform of the act — while often discussed — has not been actively pursued.

The order about agricultural products is found in a section of the act that states "a transaction of any kind whereby a band or a member thereof purports to sell, barter, exchange, give or otherwise dispose of cattle or other animals, grain or hay … root crops or plants or their product from a reserve in Manitoba, Saskatchewan or Alberta, to a person other than a member of that band, is void."

The section adds that such a transaction is valid if a government superintendent gives written approval.

The rules harkens to an era when all elements of Indian life were strictly controlled by government agents.

In ordering an end to the provision, the government notes that the section likely violates the anti-discrimination laws of the Canadian charter.

Provision not enforced

The government also believes the rule prohibiting trade in farm products has not been enforced for several decades.

"In essence, this … confirms the status quo by removing an unnecessary and unenforced legislative burden," the note in the Canada Gazette says.

It adds that there could be practical ramifications, in that there would be no questions raised by potential investors in reserve-related farm businesses.

The government went through a six-month consultation process leading up to the February announcement.

It says it received two responses: An Alberta First Nations chief and a First Nations band councillor in Manitoba phoned Indian and Northern Affairs Canada expressing support for the move.