First Nations Government (Canada)
Encyclopedia
The fundamental legal unit of government for Canadian First Nations
is the band
.
, control multiple Indian reserves, that is, multiple parcels of land. Although bands currently have considerable control over their reserve land, strictly speaking neither the band itself nor its members owns the land. Rather, the land is held in trust for the band by the Crown.
The term band is historically related to the anthropological term band society
, but as a legal and administrative unit the band need not correspond to a band in this sense. Some bands draw their members from two or more ethnic groups due to the disruption of traditional ways by colonization and/or the administrative convenience of Canada.
The functioning of a band is controlled by the Indian Act
, the legislation that defines the position of status Indians. The band government is controlled by a chief councilor and council. The number of councillors is determined by the number of band members, with a minimum of two in addition to the chief councilor. The Indian Act specifies procedures for the election of the chief councilor and council. Some bands make use of a policy provision (called 'custom election') that allows them to exempt themselves from these requirements in order to follow traditional procedures for the choice of leaders. This is a matter of controversy. Proponents argue that it allows First Nations to adapt the externally defined system to their traditions. Sometimes this means that 'hereditary' leaders become the chief councilor. Opponents argue that custom systems are frequently not traditional and that, traditional or not, they are unfair and undemocratic and have the effect of preserving the power of corrupt cliques and, in many cases, of excluding women; and also excluding hereditary leaders. The term "Chief" actually refers to a chief councilor - this individual is not necessarily a hereditary chief or leader, though some are.
Although the current policy of the Department of Indian and Northern Affairs is to treat band governments as largely autonomous, under the Indian Act band council resolutions have no effect unless endorsed by the Minister of Indian and Northern Affairs.
In addition to the chief and council system mandated by the Indian Act, some bands have a traditional system of government that retains considerable influence. In some cases the two systems have come to an accommodation, such as the Office of the Hereditary Chiefs of the Wet'suwet'en
. In other cases the two are in conflict.
. Tribal councils have no independent status; they draw their powers entirely from their member bands. What powers are delegated to the tribal council and which services are provided centrally by the tribal council varies according to the wishes of the member bands.
In addition to tribal councils, bands may create joint organizations for particular purposes, such as providing social services or health care. For example, in the central interior of British Columbia, Carrier Sekani Family Services provides social services for a dozen bands. CSFS was originally a part of the Carrier Sekani Tribal Council but is now a separate organization and includes among its members bands that are not members of CSTC.
During treaty negotiations, like the British Columbia Treaty Process
, bands claims may be presented by tribal councils, or by separate "treaty groups" or "treaty councils".
, now based in Washington State as part of the Federated Tribes of the Colville Reservation but who formerly lived in British Columbia are an example of such a politically-active group with no band government but whose members still have Indian status (in the US) and ongoing claims in BC.
, which represents the chiefs of over 600 bands throughout Canada. There are also some regional organizations. The Chief of the AFN is referred to as the National Chief. The AFN also has a Vice-Chief for each region.
represents the approximately two-thirds of bands in the province that are engaged in treaty negotiations with Canada and British Columbia, while an older organization, the Union of British Columbia Indian Chiefs
, represents the bands that reject the current British Columbia Treaty Process
. Some bands belong to both. In Ontario, the Chiefs of Ontario serve as the provincial-level organization; in Saskatchewan, the provincial-level grouping is the Federation of Saskatchewan Indian Nations
.
and the Métis
. The national organization of the Inuit is the Inuit Tapirisat of Canada. The self-governing territory of Nunavut
is inhabited primarily by Inuit people. The status of the Métis remains unresolved but has been the subject of recent negotiations leading to the Métis Nation Framework Agreement between various Métis organizations and Canada.
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
is the band
Band society
A band society is the simplest form of human society. A band generally consists of a small kin group, no larger than an extended family or clan; it has been defined as consisting of no more than 30 to 50 individuals.Bands have a loose organization...
.
Band
A band is typically, but not always, composed of a single community. Many bands, especially in British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, control multiple Indian reserves, that is, multiple parcels of land. Although bands currently have considerable control over their reserve land, strictly speaking neither the band itself nor its members owns the land. Rather, the land is held in trust for the band by the Crown.
The term band is historically related to the anthropological term band society
Band society
A band society is the simplest form of human society. A band generally consists of a small kin group, no larger than an extended family or clan; it has been defined as consisting of no more than 30 to 50 individuals.Bands have a loose organization...
, but as a legal and administrative unit the band need not correspond to a band in this sense. Some bands draw their members from two or more ethnic groups due to the disruption of traditional ways by colonization and/or the administrative convenience of Canada.
The functioning of a band is controlled by the Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
, the legislation that defines the position of status Indians. The band government is controlled by a chief councilor and council. The number of councillors is determined by the number of band members, with a minimum of two in addition to the chief councilor. The Indian Act specifies procedures for the election of the chief councilor and council. Some bands make use of a policy provision (called 'custom election') that allows them to exempt themselves from these requirements in order to follow traditional procedures for the choice of leaders. This is a matter of controversy. Proponents argue that it allows First Nations to adapt the externally defined system to their traditions. Sometimes this means that 'hereditary' leaders become the chief councilor. Opponents argue that custom systems are frequently not traditional and that, traditional or not, they are unfair and undemocratic and have the effect of preserving the power of corrupt cliques and, in many cases, of excluding women; and also excluding hereditary leaders. The term "Chief" actually refers to a chief councilor - this individual is not necessarily a hereditary chief or leader, though some are.
Although the current policy of the Department of Indian and Northern Affairs is to treat band governments as largely autonomous, under the Indian Act band council resolutions have no effect unless endorsed by the Minister of Indian and Northern Affairs.
In addition to the chief and council system mandated by the Indian Act, some bands have a traditional system of government that retains considerable influence. In some cases the two systems have come to an accommodation, such as the Office of the Hereditary Chiefs of the Wet'suwet'en
Office of the Hereditary Chiefs of the Wet'suwet'en
Office of the Wet'suwet'en is a political organization represented the hereditary chieftaincies of the Wet'suwet'en people, based in the British Columbia Interior near Hazelton, British Columbia, Canada...
. In other cases the two are in conflict.
Tribal council
Two or more bands may unite to form a tribal councilTribal Council
A Tribal Council is either: an association of Native American bands in the United States or First Nations governments in Canada, or the governing body for certain tribes within the United States or elsewhere...
. Tribal councils have no independent status; they draw their powers entirely from their member bands. What powers are delegated to the tribal council and which services are provided centrally by the tribal council varies according to the wishes of the member bands.
In addition to tribal councils, bands may create joint organizations for particular purposes, such as providing social services or health care. For example, in the central interior of British Columbia, Carrier Sekani Family Services provides social services for a dozen bands. CSFS was originally a part of the Carrier Sekani Tribal Council but is now a separate organization and includes among its members bands that are not members of CSTC.
During treaty negotiations, like the British Columbia Treaty Process
British Columbia Treaty Process
The British Columbia Treaty Process is a land claims negotiation process started in 1993 to resolve outstanding issues - including claims to un-extinguished aboriginal rights - with British Columbia's First Nations....
, bands claims may be presented by tribal councils, or by separate "treaty groups" or "treaty councils".
Non-status
A further complication is created by the existence of groups of Indian descent whose Indian Status is not recognized by Canada. These are often the descendants of bands considered by Canada to have become extinct. Such groups have no official existence but may nonetheless have some degree of political organization. The SinixtSinixt
The Sinixt are a First Nations People...
, now based in Washington State as part of the Federated Tribes of the Colville Reservation but who formerly lived in British Columbia are an example of such a politically-active group with no band government but whose members still have Indian status (in the US) and ongoing claims in BC.
National organizations
In addition to tribal councils and special-purpose service organizations, bands may form larger organizations. The largest is the Assembly of First NationsAssembly of First Nations
The Assembly of First Nations , formerly known as the National Indian Brotherhood, is a body of First Nations leaders in Canada...
, which represents the chiefs of over 600 bands throughout Canada. There are also some regional organizations. The Chief of the AFN is referred to as the National Chief. The AFN also has a Vice-Chief for each region.
Provincial/Territorial organizations
In British Columbia, the First Nations SummitFirst Nations Summit
The First Nations Summit is a First Nations political organization in British Columbia founded in 1992 after the formation of the British Columbia Treaty Commission and the British Columbia Treaty Process. It represents the interests of First Nation band governments involved in the treaty process...
represents the approximately two-thirds of bands in the province that are engaged in treaty negotiations with Canada and British Columbia, while an older organization, the Union of British Columbia Indian Chiefs
Union of British Columbia Indian Chiefs
The Union of British Columbia Indian Chiefs is a First Nations political organization founded in 1969 in response to Jean Chrétien's White Paper proposal to assimilate Status Indians and disband the Department of Indian Affairs....
, represents the bands that reject the current British Columbia Treaty Process
British Columbia Treaty Process
The British Columbia Treaty Process is a land claims negotiation process started in 1993 to resolve outstanding issues - including claims to un-extinguished aboriginal rights - with British Columbia's First Nations....
. Some bands belong to both. In Ontario, the Chiefs of Ontario serve as the provincial-level organization; in Saskatchewan, the provincial-level grouping is the Federation of Saskatchewan Indian Nations
Federation of Saskatchewan Indian Nations
The Federation of Saskatchewan Indian Nations is a Saskatchewan-based First Nations organization.The federation grew out of a number of different organizations. Although the Federation of Saskatchewan Indians was organized in 1959 , it grew out of the Union of Saskatchewan Indians, founded...
.
Inuit & Métis
From a constitutional point of view, not all indigenous people are First Nations people. In addition to Indians, the Constitution (section 35.2) recognizes two other indigenous groups: the InuitInuit
The Inuit are a group of culturally similar indigenous peoples inhabiting the Arctic regions of Canada , Denmark , Russia and the United States . Inuit means “the people” in the Inuktitut language...
and the Métis
Métis people (Canada)
The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...
. The national organization of the Inuit is the Inuit Tapirisat of Canada. The self-governing territory of Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
is inhabited primarily by Inuit people. The status of the Métis remains unresolved but has been the subject of recent negotiations leading to the Métis Nation Framework Agreement between various Métis organizations and Canada.
See also
- Classification of indigenous peoples of the AmericasClassification of indigenous peoples of the AmericasClassification of indigenous peoples of the Americas is based upon cultural regions, geography, and linguistics. Anthropologists have named various cultural regions, with fluid boundaries, that are generally agreed upon with some variation...
- List of Canadian Aboriginal leaders
- List of First Nations governments
- List of Indian reserves in Canada
External links
- Assembly of First Nations
- Association of Iroquois and Allied Indians
- Chiefs of Ontario
- Department of Indian and Northern Affairs
- First Nations of Treaty 3
- First Nations Summit (British Columbia)
- Institute for Indigenous Government
- Inuit Tapirisaat of Canada
- Metis Nation Framework Agreement
- Nishnawbe-Aski Nation
- Union of British Columbia Indian Chiefs
- Union of Ontario Indians