Indigenous Governance Database
Governance
Best Practices Case Study (Territorial Integrity): Haida Nation
Haida Gwaii (formerly known as the Queen Charlotte Islands) is an archipelago on the coast of B.C. Haida Gwaii is the pristine home to some of the world's best remaining stands of cedar, hemlock and Sitka spruce. In 1974, controversy began over logging permits being issued in Haida Gwaii. Haida…
Best Practices Case Study (Rule of Law): Nisga'a Nation
Nisga'a Nation, comprised of four communities; New Aiyansh, Gitwinksihlkw, Laxgalt'sap, and Gingolx, is located in northwestern B.C. In the 1890s, Nisga'a hereditary chiefs and matriarchs formed the Nisga'a Land Committee and began to aggressively pursue self-government and title to their lands. In…
Best Practices Case Study (Expansion of Jurisdiction): White Bear First Nation and SIGA
On March 22, 1993, the provincial government of Saskatchewan sent the RCMP tactical team to shut down the White Bear casino on White Bear First Nation near Carlyle citing criminal code violations. The result was a highly hostile raid where all assets and records were confiscated. "We had every…
Best Practices Case Study (Expansion of Jurisdiction): Tsawwassen First Nation
Tsawwassen First Nation (TFN) is located in the Metro-Vancouver area of British Columbia. In 2007, following 14 years of negotiations, TFN signed a treaty with Canada and B.C. It was the first treaty reached under the BC Treaty Commission (BCTC) process and the first urban treaty. The Effective…
Best Practices Case Study (Inter-Governmental Relations): Squamish & Lil'wat First Nations
The Squamish First Nation and the Lil'wat First Nation are both located in southwestern B.C. and have an area of overlapping traditional territory that extends into the lands around the resort community of Whistler. Although they are two distinct First Nations with different cultures and social…
Best Practices Case Study (Inter-Governmental Relations): Sliammon First Nation
In 2002, the City of Powell River, on the Sunshine Coast in south-western B.C., began construction on a seawalk park. The project inadvertently destroyed or disturbed significant cultural sites of Sliammon First Nation including petroglyphs and shell middens. Deeply concerned by the site impact and…
Best Practices Case Study (Cultural Alignment of Institutions): San Carlos Apache
Traditional Apache culture is based on an intimate spiritual connection with and knowledge of the natural world. Apache elders believe that connection is necessary to respect one’s self, other humans and all living things. The San Carlos Apache elders living in San Carlos in northern Arizona have…
Best Practices Case Study (Cultural Alignment of Institutions): Teslin Tlingit Council
Situated in southern Yukon, the Teslin Tlingit people have a clan system of government. That clan system of government operated for years prior to the imposition of the Indian Act. Through the Indian Act, traditional governance was separated from formal decision-making power and authority. Then in…
Best Practices Case Study (Results-Based Organizations): First Nations & Inuit Home & Community Care
For more than 15 years, the lack of home care services relevant for First Nations and Inuit communities has been identified as a significant health and social issue. In response to this need, a Joint Health Canada / Department of Indian and Northern Affairs (DIAND) / First Nations / Inuit…
Best Practices Case Study (Transparency and Fairness): Westbank First Nation
The Westbank First Nation is located in south-central British Columbia in the Okanagan Valley. In the mid-1980s, conflicts within the Westbank First Nation council created significant animosity among community members. The outcome was the Hall Inquiry which made recommendations around strengthening…
A Human Resource Capacity Tool for First Nations
This tool was developed by the British Columbia Treaty Commission (BCTC) to assist BC First Nations who are working through the treaty process with their Human Resource (HR) planning. It responds to a growing need for a practical, efficient tool for First Nations with diverse sets of priorities,…
British Columbia Assembly of First Nations Governance Toolkit: A Guide to Nation Building
The BCAFN is pleased to present the first edition of the BCAFN Governance Toolkit: A Guide to Nation Building in accordance with our Building on OUR Success action plan and the first pillar of that plan, "Strong and Appropriate Governance." The Toolkit is a comprehensive guide intended to assist…
Pacific Northwest Salmon Habitat: The Culvert Cases and the Power of Treaties
American Indian tribes in the Pacific Northwest signed treaties with the federal government in the 1850's that preserved their right to fish in their "usual and accustomed" fishing grounds. The tribes have had to continually fight to have this right recognized. U.S. v. Washington, 1974, the Boldt…
The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry
This case tells a story of forestry management policies on the Quinault Reservation. In the early years, the Office of Indian Affairs (OIA) and later the Bureau of Indian Affairs (BIA) acted like a landlord, allocating large timber sales to non-Indian timber companies. The Dawes Act fragmented the…
The Will of the People: Citizenship in the Osage Nation
This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for…
Back to the Bison Case Study Part II
After the Confederated Salish Kootenai Tribes (CSKT) made the decision to work towards signing a management agreement, they began discussions with United States Fish and Wildlife Service (USFWS) in 1994 to pursue the co-management and joint operation of the National Bison Range Complex (NBRC) which…
Back to the Bison Case Study Part I
Thirty years after taking over the reins of forestry, recreation, wildlife and other natural resource operations on their reservation lands, the Confederated Salish and Kootenai Tribes (CSKT) established a reputation for environmental leadership in wildlife, wilderness, recreation and co-management…
The Peoples' Forest: Emerging Strategies on the Mescalero Apache Forest Reserves
This case raises questions about how American Indian Tribes reshape the care of forests on Indian lands by coordinating science-based forestry methodology and traditional ecological knowledge to meet their goals. Working the case, students are challenged to look for ways that the Mescalero Apache…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/nnigovernance.arizona.edu/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=r-DrCTma "Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law")
Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law
At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…
Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States
In the last few years, states and tribes have increasingly realized that state recognition can serve as an important, albeit limited, alternative to federal recognition. This realization is evidenced by the many states that have recently codified their state recognition processes or are planning to…