Lecture 8: Indigenous Leadership

Question 1

consensus government in Canada

Answer 1

• A form of consensus democratic government is used in the Northwest Territories and Nunavut, as well as in Nunatsiavut, an autonomous area in the province of Newfoundland and Labrador
• The population of these jurisdictions is majority Indigenous peoples
• The system developed in the Northwest Territories (the first fully elected executive council in 1980) and was adopted by Nunavut when it came into existence in 1999

Question 2

regional governments

Answer 2

Indigenous governments that represent multiple communities. 7 regional governments have been established in the NWT

Question 3

community-based governments

Answer 3

represent exclusive negotiations undertaken by individual communities that seek governing powers that are unique to the interests of their membership

Question 4

lifeworld definition

Answer 4

The sum total of physical surroundings and everyday experiences that make up an individual’s world.

Question 5

who developed the term lifeworld?

Answer 5

German philosopher, Edmund Husserl

Question 6

lifeworld in Indigenous communities

Answer 6

The concept employed among Indigenous scholars to denote a more holistic understanding of life experiences

Question 7

Aaron Mills

Answer 7

• “…The set of ontological, epistemological, axiological and cosmological understandings that situate Indigenous communities within creation.”
• Used in his work on Indigenous law and Canadian law
• “…Efforts to articulate Indigenous law within dominant paradigms of liberal constitutionalism risk ignoring and trivializing the ongoing significance of Indigenous lifeworld to governing Indigenous peoples today.”

Question 8

basic premise of the Indian Act

Answer 8

that First Nations remained incapable of integrating into “civilized” society and therefore needed supervision in their economic, political, and social activities

Question 9

political impact of the Indian act

Answer 9

introduced processes to replace traditional political structures with elected band chiefs and councils and subjected all reserve activities to the supervision of white bureaucracies

Question 10

gender distinctions of the Indian Act

Answer 10

Indigenous women who married non-status men lost their status, as did their children, and with that, a host of rights: treaty benefits, health benefits, the right to live on their reserve, the right to inherit their family property, the right to burial on ancestral grounds, etc. -> could not regain status except through marriage to a status man; status entirely dependent on their husbands

Question 11

later revisions of the Indian Act

Answer 11

denied status Indians the right to perform traditional religious practices or to drink alcohol

Question 12

Indigenous perspectives

Answer 12

• A strong sense of spirituality
• Deeply rooted sense of place
• Recognition that everything is related
• And an emphasis on reciprocity

Question 13

Canadian government’s principles of reconcilation

Answer 13

1. The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government.
2. The Government of Canada recognizes that reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982.
3. The Government of Canada recognizes that the honour of the Crown guides the conduct of the Crown in all of its dealings with Indigenous peoples.
4. The Government of Canada recognizes that Indigenous self-government is part of Canada’s evolving system of cooperative federalism and distinct orders of government.
5. The Government of Canada recognizes that treaties, agreements, and other constructive arrangements between Indigenous peoples and the Crown have been and are intended to be acts of reconciliation based on mutual recognition and respect.
6. The Government of Canada recognizes that meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent when Canada proposes to take actions which impact them and their rights, including their lands, territories and resources.
7. The Government of Canada recognizes that respecting and implementing rights is essential and that any infringement of section 35 rights must by law meet a high threshold of justification which includes Indigenous perspectives and satisfies the Crown’s fiduciary obligations.
8. The Government of Canada recognizes that reconciliation and self-government require a renewed fiscal relationship, developed in collaboration with Indigenous nations, that promotes a mutually supportive climate for economic partnership and resource development.
9. The Government of Canada recognizes that reconciliation is an ongoing process that occurs in the context of evolving Indigenous-Crown relationships.
10. The Government of Canada recognizes that a distinctions-based approach is needed to ensure that the unique rights, interests and circumstances of the First Nations, the Métis Nation and the Inuit are acknowledged, affirmed, and implemented.

Question 14

self-government in Indigenous communities

Answer 14

• As of 2023, there were 25 self-government agreements across Canada involving 43 Indigenous communities. There were also 2 education agreements involving 35 Indigenous communities
• Negotiated agreements can set out law-making authority in many areas, including governance social and economic development, education, health, lands, and more; it varies from group to group, depending on their unique needs and priorities and their vision of self-determination
• There is no one-size-fits-all approach to Indigenous self-government, but all of the agreements negotiated to date have some things in common

Question 15

common elements of Indigenous self-government agreements initiated to date

Answer 15

• No self-government agreement is possible without the approval of the Indigenous people through a community vote
• Self-government is negotiated within the Canadian constitutional framework and federal legislation is passed before the negotiated agreement takes effect
• Under self-government, Indigenous laws operate in harmony with federal and provincial laws. Indigenous laws protecting culture and language generally take priority if there is a conflict among laws
• The Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and other general laws such as the Criminal Code continue to apply
• Community members and non-member residents on Indigenous lands
  will have input into decisions that directly affect them

Question 16

ongoing negotiations

Answer 16

• Approximately 50 self-government negotiation tables are currently underway
• These tables are at various stages of the negotiation process and in many cases are being negotiated in conjunction with modern treaties

Question 17

what aspects do self-government agreements address?

Answer 17

• The structure of the new government and its relationship with other governments
• The new funding arrangements
• The relationship of laws between jurisdictions, such as how different laws will work together
• How programs and services will be delivered to community members
• Ways to promote improved community well-being, often with a focus on Indigenous languages, heritage, and culture and socio-economic initiatives
• Preparations for when the agreement takes effect, such as implementation planning

Question 18

the Anishinabek nation government agreement

Answer 18

• Self-government negotiations with the Anishinabek Nation on governance began in 1995, led to an agreement in principle in 2007 and concluded in 2019
• After extensive community outreach and engagement, the Agreement was approved by the citizens of each signatory First Nation through a community vote
• Now that the Agreement is signed, the next step is federal legislation to bring the Agreement into effect
• The signatory First Nations (who comprise the Anishinabek Nation Government) will also need to pass their own Anishinabek laws to create and run their new governance system
• This work will be supported by increased funding to the First Nations to carry out their new responsibilities and invest in community priorities for a better future
• This is not the first self-government agreement negotiated with the Anishinabek Nation. In 2018, the parties concluded a self-government agreement on education that is now in effect for 23 Anishinabek First Nations in Ontario

Question 19

were Indigenous people regulated by the government prior to the Indian Act?

Answer 19

yes, various acts existed before, but they were consolidated in the Indian Act of 1876, including An Act providing for the organization of the Department of the Secretary of State of Canada, and for the management of Indian and Ordnance Lands (1868) and An Act for the gradual enfranchisement of Indians (1869)

Question 20

significance of the Indian Act

Answer 20

Significant to the 1876 Indian Act was the definition of “Indian status” by patrilineal descent, even though most Indigenous societies were organized matrilineally and “gender norms were informed by a more egalitarian value of the place of men, women, and other gendered identities within the community.” (Barker, 2008, p.262)

Question 21

Indigenous and Northern Affairs Canada (INAC)

Answer 21

the federal government department responsible for administering the Indian Act and policies and programs relating to “bands”; Many bands prefer to be called “First Nations”

Question 22

band/ Indian band

Answer 22

a governing unit of Indigenous peoples in Canada instituted by the Indian Act, of 1876

Question 23

why were bands established?

Answer 23

as a part of Canada’s early colonial policy to assimilate Indigenous peoples into colonial society by disrupting traditional forms of governance and imposing a municipal style of local governance

Question 24

bands today

Answer 24

While today bands have increasing control of and responsibility for their internal affairs, the Minister of Indigenous Affairs still has significant authority. For example, a band council resolution may be decided by the band council but before it has legal authority it must be approved by the Minister or his/her designate

Question 25

structure of bands

Answer 25

Bands are led by band councils comprised of a chief and councillors, who are elected by band members typically every two years under election procedures defined by the Indian Act, or by custom election codes also authorized under the Indian Act. According to the Indian Act, a band may have one elected chief and one elected councillor for every 100 band members, with a minimum of two councillors required per band

Question 26

responsibilities of band councils

Answer 26

Band councils are responsible for the governance and administration of band affairs, including education, band schools, housing, water and sewer, roads, and other community businesses and services

Question 27

how were First Nations chiefs determined historically?

Answer 27

Traditionally, some First Nations chiefs were hereditary. Band council structures have since replaced hereditary leadership with elected chiefs. Some Bands continue to recognize hereditary chiefs whereas some do not

Question 28

outcomes of the 1951 amendments of the Indian Act

Answer 28

The Department of Indian and Northern Affairs maintained a register of all people with Indian status under the Indian Act

Question 29

Bill C-31

Answer 29

a 1985 amendment that removed discriminatory provisions against women who married a non-Indigenous or a non-status Indigenous man, now allowing these women to retain their status and be able to pass status onto their children

Question 30

section 10 of the Indian Act

Answer 30

Under section 10 of the Indian Act, bands may have their membership codes if most of the band electors consent to these codes, and if these membership codes do not deprive membership to those who acquired membership under previous rules. Membership codes are maintained by Indigenous and Northern Affairs Canada

Question 31

origin of talking circles

Answer 31

originated with First Nations leaders

Question 32

purpose of talking circles

Answer 32

ensure that all leaders in a tribal council are heard and that those who are speaking are uninterrupted

Question 33

format of talking circles

Answer 33

the chief initiates the conversation with other members responding and sharing their perceptions and opinions

Question 34

key elements of talking circles

Answer 34

• About respect and equality
• A chance for all to be heard
• Encourages and allows consensus

Question 35

key conclusions of Indigenous leadership

Answer 35

• Colonization targeted existing social relations and cultural beliefs and sought to undermine these beliefs, including those about gender, which has had lasting consequences on social and interpersonal relations in Indigenous communities
• Reconciliation requires mutual respect and an understanding that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government
• Indigenous governance must be informed by Indigenous lifeworlds; renewed Indigenous leadership grounded in Indigenous ways and governance practices (cultural match)
• Leadership demonstrates foundational values, such as respect, humility, equality, consensus, flexibility, adaptability, connectedness, inclusion, and reciprocity
• Importance of imparting values to future generations in Indigenous leadership

Question 36

the mission of a chief video

Answer 36

• All of the First Nation chiefs said that their main aim was to listen to their people
• This is a contrast to most Canadian politicians
• First Nations chiefs are still awaiting clean water on their reserves
• The chiefs saw women as natural leaders because they are “life givers”