CHAPTER 10 Flashcards
Indigenous SelfGovernment and SelfDetermination
Federal definitions of self-government often ignore precontact Indigenous political independence.
Indigenous peoples claim an inherent right to self-government, recognizing their long history of political independence before European arrival.
Indigenous political, economic, social, and cultural systems.
Indigenous communities had versatile political economies, complex social systems, and codes of conduct maintained by local leaders.
Indigenous leaders’ claim to self-government.
Indigenous leaders argue they don’t need Canadian governments to grant self-government but want recognition of Indigenous governments that existed before European arrival.
Dispute resolution in Indigenous communities.
Elders’ councils were often consulted to resolve disputes and uphold community balance.
Historic Indigenous governance principles.
Balance was a key goal, placing the community over self-interest; decisions were made by consensus, and leaders were chosen based on experience.
Hereditary councils in Indigenous governance.
Hereditary councils guided political processes in many Indigenous communities.
The “Act of ’69” and band council restrictions.
The Act allowed removal of elected leaders and limited band councils’ powers to municipal government matters, subject to federal confirmation.
The Indian Act and band council governance.
The Indian Act controls band-council government, including reserve lands, elections, and how federal money is spent.
Indian Act and its relationship to self-governance.
Band councils are a form of self-administration, but true self-government remains under federal control, reflecting a guardian–ward relationship.
The Canadian Bill of Rights (1960).
It made discrimination illegal and granted Indigenous people the right to vote without compromising their status.
Indigenous role in promoting self-government in the 1960s.
Indigenous people were key in developing self-government ideologies and models based on traditional governance systems.
Key principles for Indigenous self-government.
Indian nations have inherent rights to self-government, control over lands and resources, and the power to enforce treaties.
Federation of Saskatchewan Indians’ stance.
FSI reinforced that Indigenous nations have always been self-governing and called for constitutionally entrenched self-government.
Penner Report (1983) and self-government.
The report suggested a “two-track” model for strengthening self-government and constitutionalizing Indigenous self-government.
Comprehensive Claims after Oka (1990).
The Royal Commission on Aboriginal Peoples (RCAP) aimed to resolve Indigenous–Crown relations and recognize the inherent right to self-government.
Inherent Rights Policy (1995).
Recognized that Indigenous peoples’ self-government is an inherent right under Section 35 of the Constitution Act.
Key principles of the Inherent Rights Policy.
Indigenous peoples have the right to govern themselves, decide on matters affecting their communities, and exercise responsibility for self-government.
Self-government costs and responsibilities (IRP).
Federal, provincial, territorial, and Indigenous governments share the costs of self-government, but the federal government may require delegation of powers.
Challenges in self-government (IRP).
Critics argue that self-government negotiations lead to assimilation and that territorial dispossession undermines Indigenous rights.
The Canada Problem in Indigenous self-governance.
Institutional barriers continue to hinder Indigenous self-determination, which can be described as an ongoing colonial project.
Indigenous leaders and nationhood.
Indigenous nations assert their nationhood is equal to Canada’s, based on their pre-occupancy history and treaties with other nations.
Nation-to-Nation governance.
Canada’s approach to implementing UNDRIP failed to establish formal nation-to-nation discussions, limiting Indigenous sovereignty and cultural survival.
Indigenous leaders claim an inherent right to self-government.
Indigenous leaders assert that self-government is not something to be granted by Canada but acknowledged as a pre-existing right due to their long occupation and governance systems.
