Under which section of the Indian Act can land only be conveyed to the crown?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer is Section 37 of the Indian Act. This section specifically addresses the conveyance of land held by Indigenous individuals or bands, stating that such land can only be conveyed to the Crown. This provision is significant because it establishes the legal framework within which Indigenous land can be transferred and ensures that land remains under the oversight of the federal government. The purpose of this stipulation is to maintain control over land transactions involving reserve lands, with the intent of protecting Indigenous interests and preventing the alienation of land from Indigenous peoples.

The context of the other options reveals their different focuses. For example, Section 5 pertains to the definition of “Indian” and the criteria for determining status, while Section 12 deals with the management of estates of deceased Indians. Section 18 allows for the approval of specific types of transactions concerning land but does not include the stipulation that land can only be conveyed to the Crown, making Section 37 the most appropriate and relevant section for the question regarding conveyance specifically to the Crown.

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