Pimicikamak government
Encyclopedia
Pimicikamak
is an indigenous people in Canada
. Pimicikamak is related to, but constitutionally, legally, historically and administratively distinct from, the Cross Lake First Nation
which is a statutory creation
that provides services on behalf of the Canadian Government. Pimicikamak government is based on self-determination
and has a unique form.
told by Pimicikamak
elders says that traditional government under customary law (Pimicikamāk okimākānak) was consensual, like other Cree governments. Customary law is well-recognized in the jurisprudence
of the U.S., U.K. and Canada. Pimicikamak leaders were respected persons, possibly of the Midewiwin
society. "A leader held his position as long as he had the respect of the people." As well, oral history says that Elders (the Council of Fire) and women played distinct roles in governance.
, Pimicikamak
was constituted as a self-governing people under spiritual as well as temporal
laws. These were passed down orally through stories, ceremonies and tradition
s that formed part of a culture that enabled Pimicikamak
's ancestors to survive as a people in a harsh environment for thousands of years. Many stories say that the elders had a role in speaking of the law and the women had a role in organizing Pimicikamak
society. Both came into play at summer gatherings. The Pimicikamak constitution derives from those times. It rests upon custom
and is largely uncodified, characteristics it shares with the government of the United Kingdom
. It has since evolved into a modern customary form.
and two others signed Treaty 5
with the British Crown at Norway House on behalf of Pimicikamak. It had the effect of amending and partly codifying Pimicikamak
's customary constitution
and laws. The official written text of the Treaty implicitly depends upon the continuance of Pimicikamak self-government. It appears that, until the 1990s, no other part of Pimicikamak law was codified.
traditional constitution
were updated and codified in written laws in English. They are based upon self-determination, the inherent right of self-government, the Rule of Law
and updated traditional principles of democracy
and accountability
. They deal with making laws in writing, defining who is a Pimicikamak citizen and electing an Executive Council. Pimicikamak
government is an example of direct democracy
. Modern written Pimicikamak customary law is subject to acceptance by consensus of a general assembly of the Pimicikamak public. The roles of the Secretary to the Councils as keeper of customary laws and as the interface between the oral Cree traditional government and the written English world it faces may have arisen in the 1990s.
has not acknowledged Pimicikamak's customary government in modern times. Its policy is that self-government is an inherent right of aboriginal peoples in Canada and that this right is recognized and affirmed by the Constitution of Canada
. "The federal government supports the concept of self-government being exercised by Aboriginal nations or other larger groupings of Aboriginal people." but does not accept that an aboriginal people may exercise this right without first negotiating it. Negotiation and legislation of self-government can result in domestic, dependent status similar to that of Indian nations in the United States of America, whose governments are defined by Act of Congress. Canada has not generally accepted Pimicikamak's policy of exercising its inherent right.
The government of Canada prefers to deal with Cross Lake First Nation
, a domestic, dependent, municipal form of government established by Act of Parliament. Under this federal
legislation and the terms of various agreements, the Band Council acts as the agent of the Minister of Indian Affairs and Northern Development in delivering programs to Indians
on reserve
.
Since 1999, several Band Councils have taken and held office pursuant to the Pimicikamak Election Law, 1999 instead of the federal legislation.
, set a precedent by formally addressing the Pimicikamak National Assembly. Premier
Gary Doer
has acknowledged Pimicikamak's government and traditional councils and formally met with its traditional chiefs.
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
is an indigenous people in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Pimicikamak is related to, but constitutionally, legally, historically and administratively distinct from, the Cross Lake First Nation
Cross Lake First Nation
Cross Lake First Nation is a band of Cree First Nations people in Canada governed under the Indian Act. Its members occupy several reserves within the town of Cross Lake situated on the east shore of Cross Lake in the province of Manitoba...
which is a statutory creation
First Nations Government (Canada)
The fundamental legal unit of government for Canadian First Nations is the band.-Band:A band is typically, but not always, composed of a single community. Many bands, especially in British Columbia, control multiple Indian reserves, that is, multiple parcels of land...
that provides services on behalf of the Canadian Government. Pimicikamak government is based on self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
and has a unique form.
Traditional government
A modern Pimicikamak leader is quoted as saying: "Our ancestors governed themselves in our territory since time immemorial. Pimicikamak did not have rulers. It had leaders. Leadership was based on consensus and especially upon respect that was earned." Oral historyOral history
Oral history is the collection and study of historical information about individuals, families, important events, or everyday life using audiotapes, videotapes, or transcriptions of planned interviews...
told by Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
elders says that traditional government under customary law (Pimicikamāk okimākānak) was consensual, like other Cree governments. Customary law is well-recognized in the jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
of the U.S., U.K. and Canada. Pimicikamak leaders were respected persons, possibly of the Midewiwin
Midewiwin
The Midewiwin or the Grand Medicine Society is a secretive religion of the aboriginal groups of the Maritimes, New England and Great Lakes regions in North America. Its practitioners are called Midew and the practices of Midewiwin referred to as Mide...
society. "A leader held his position as long as he had the respect of the people." As well, oral history says that Elders (the Council of Fire) and women played distinct roles in governance.
Original constitution
Like other indigenous peoples in Turtle IslandTurtle Island
- Places :* Turtle Island, Queensland , the name of four islands in Queensland, Australia* Turtle Islands, Tawi-Tawi, a group of islands in the Southern Philippines...
, Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
was constituted as a self-governing people under spiritual as well as temporal
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
laws. These were passed down orally through stories, ceremonies and tradition
Tradition
A tradition is a ritual, belief or object passed down within a society, still maintained in the present, with origins in the past. Common examples include holidays or impractical but socially meaningful clothes , but the idea has also been applied to social norms such as greetings...
s that formed part of a culture that enabled Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
's ancestors to survive as a people in a harsh environment for thousands of years. Many stories say that the elders had a role in speaking of the law and the women had a role in organizing Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
society. Both came into play at summer gatherings. The Pimicikamak constitution derives from those times. It rests upon custom
Norm (sociology)
Social norms are the accepted behaviors within a society or group. This sociological and social psychological term has been defined as "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit...
and is largely uncodified, characteristics it shares with the government of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It has since evolved into a modern customary form.
Treaty 5
On September 24, 1875, TepastenamTepastenam
Tepastenam was a respected leader of the Pimicikamak indigenous people in the 19th century. He was born about 1805. From oral history accounts he may have been a Midewiwin leader or Kiseman...
and two others signed Treaty 5
Treaty 5
Treaty 5 is a treaty that was first established in September, 1875, between Queen Victoria and Saulteaux and Swampy Cree non-treaty tribes and peoples around Lake Winnipeg in the District of Keewatin. Much of what is today central and northern Manitoba was covered by the treaty, as were a few small...
with the British Crown at Norway House on behalf of Pimicikamak. It had the effect of amending and partly codifying Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
's customary constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and laws. The official written text of the Treaty implicitly depends upon the continuance of Pimicikamak self-government. It appears that, until the 1990s, no other part of Pimicikamak law was codified.
Modern constitutional changes
"Pimicikamak’s traditional government is quite new, and yet it is also ancient." Beginning in 1996, parts of the PimicikamakPimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
traditional constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
were updated and codified in written laws in English. They are based upon self-determination, the inherent right of self-government, the Rule of Law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and updated traditional principles of democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and accountability
Accountability
Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...
. They deal with making laws in writing, defining who is a Pimicikamak citizen and electing an Executive Council. Pimicikamak
Pimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
government is an example of direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
. Modern written Pimicikamak customary law is subject to acceptance by consensus of a general assembly of the Pimicikamak public. The roles of the Secretary to the Councils as keeper of customary laws and as the interface between the oral Cree traditional government and the written English world it faces may have arisen in the 1990s.
Councils
Pimicikamak's four councils derive from its traditional form of governance by the elders and women. Each council is elected by its own constituency under its own rules and functions in its own roles by consensus. National policy is established by consensus of the Four Councils (itself a single entity composed of the members of all four councils). The councils are subject to Pimicikamak law. Pimicikamak law requires the Executive Council to give effect to national policy. Because the traditional councils can call an Executive Council election at any time, and its members are the Band Council members ex officio, the Band Council tends to regard Pimicikamak national policy as persuasive.Canadian government relations
The government of CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
has not acknowledged Pimicikamak's customary government in modern times. Its policy is that self-government is an inherent right of aboriginal peoples in Canada and that this right is recognized and affirmed by the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
. "The federal government supports the concept of self-government being exercised by Aboriginal nations or other larger groupings of Aboriginal people." but does not accept that an aboriginal people may exercise this right without first negotiating it. Negotiation and legislation of self-government can result in domestic, dependent status similar to that of Indian nations in the United States of America, whose governments are defined by Act of Congress. Canada has not generally accepted Pimicikamak's policy of exercising its inherent right.
The government of Canada prefers to deal with Cross Lake First Nation
Cross Lake First Nation
Cross Lake First Nation is a band of Cree First Nations people in Canada governed under the Indian Act. Its members occupy several reserves within the town of Cross Lake situated on the east shore of Cross Lake in the province of Manitoba...
, a domestic, dependent, municipal form of government established by Act of Parliament. Under this federal
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
legislation and the terms of various agreements, the Band Council acts as the agent of the Minister of Indian Affairs and Northern Development in delivering programs to Indians
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...
on reserve
Indian reserve
In Canada, an Indian reserve is specified by the Indian Act 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." The Act also specifies that land reserved for the use and benefit of a band which is not...
.
Since 1999, several Band Councils have taken and held office pursuant to the Pimicikamak Election Law, 1999 instead of the federal legislation.
Manitoba government relations
The government of Manitoba has a respectful relationship with the Pimicikamak government. In 2002, the Manitoba Minister of Northern and Aboriginal Affairs, the late Honorable Oscar LathlinOscar Lathlin
Oscar Lathlin was a politician in Manitoba, Canada, and was a cabinet minister in the New Democratic Party government of Gary Doer.-Life and career:...
, set a precedent by formally addressing the Pimicikamak National Assembly. Premier
Premier
Premier is a title for the head of government in some countries and states.-Examples by country:In many nations, "premier" is used interchangeably with "prime minister"...
Gary Doer
Gary Doer
Gary Albert Doer, OM is a Canadian diplomat and politician from Manitoba, Canada. Since October 19, 2009, he has served as Canada's Ambassador to the United States...
has acknowledged Pimicikamak's government and traditional councils and formally met with its traditional chiefs.