Governance

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A Human Resource Capacity Tool for First Nations

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,…

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Why Treaties Matter: Relations: Dakota & Ojibwe Treaties

Why Treaties Matter: Relations: Dakota & Ojibwe Treaties

Ojibwe and Dakota people in what is now Minnesota signed dozens of treaties with the United States. Among these treaties are famous land cession agreements in which sovereign American Indian groups retained ownership or use of natural resources — land, water, timber, minerals — or transferred these…

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Best Practices Case Study (Inter-Governmental Relations): Squamish & Lil’wat First Nations

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…

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Best Practices Case Study (Respect the Spirit in the Land): Haisla First Nation

Best Practices Case Study (Respect the Spirit in the Land): Haisla First Nation

The primary residence of the Haisla people is Kitamaat Village, found at the head of the Douglas Channel on British Columbia's north coast. In 1990, elders of the Haisla First Nation found a logging road flagged into the Kitlope Valley -- the largest unlogged coastal temperate rainforest watershed…

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What Determines Indian Economic Success? Evidence from Tribal and Individual Indian Enterprises

What Determines Indian Economic Success? Evidence from Tribal and Individual Indian Enterprises

Prior analysis of American Indian nations' unemployment, poverty, and growth rates indicates that poverty in Indian Country is a problem of institutions particularly political institutions, not a problem of economics per se. Using unique data on Indian-owned enterprises, this paper sheds light on…

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Best Practices Case Study (Inter-Governmental Relations): Sliammon First Nation

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…

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Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States

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…

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Best Practices Case Study (Participation in Decision Making): Gila River Indian Community

Best Practices Case Study (Participation in Decision Making): Gila River Indian Community

Gila River Indian Community, which borders the Arizona cities of Tempe, Phoenix, Mesa, and Chandler, has nearly 17,000 tribal citizens. Half of the population is younger than 18. Like youth elsewhere, Gila River youth are challenged by a host of problems. Gang violence, drug and alcohol abuse, and…

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The Will of the People: Citizenship in the Osage Nation

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…

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Best Practices Case Study (Strategic Vision): Tsleil-Waututh Nation

Best Practices Case Study (Strategic Vision): Tsleil-Waututh Nation

The Tsleil-Waututh are a Coast Salish people who live in a community located on the north shore of Vancouver, B.C. The Tsleil-Waututh have worked hard to protect their community identity and culture in the face of rapid urban expansion. Community leaders, including Chief Dan George and John L.…

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Best Practices Case Study (Territorial Integrity): Yakama Nation

Best Practices Case Study (Territorial Integrity): Yakama Nation

The Yakama Nation is located in central Washington State. Their struggles with land loss began over 150 years ago when, in 1855, the federal government pressured the Yakama to cede by treaty more than ten million acres of their ancestral homelands. In the latter half of the 1800s and early 1900s,…

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Best Practices Case Study (Economic Realization): Hupacasath First Nation

Best Practices Case Study (Economic Realization): Hupacasath First Nation

When Hupacasath Chief Judith Sayers and the council decided to harness the power running through their lands, the result was a best practices model of how to build a small hydro project. Widespread opposition to the Duke Point natural gas facility in the late '90s was the impetus for the council to…

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Tribal Economic Development: Nuts & Bolts

Tribal Economic Development: Nuts & Bolts

Tribal economic development is a product of the need for Indian tribes to generate revenue in order to pay for the provision of governmental services. Unlike the federal government or states, Indian tribes – in general – have no viable tax base from which to generate revenues sufficient to…

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Best Practices Case Study (Territorial Integrity): Haida Nation

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…

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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…

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Best Practices Case Study (Economic Realization): Osoyoos Indian Band

Best Practices Case Study (Economic Realization): Osoyoos Indian Band

The Osoyoos Indian Band (OIB) is located in the interior of British Columbia. They are a member community of the Okanagan Nation Alliance. The Band was formed in 1877 and is home to about 370 on-reserve band members. The goal of the OIB is to move from dependency to a sustainable economy like that…

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Best Practices Case Study (Meaningful Information Sharing): Miawpukek First Nation

Best Practices Case Study (Meaningful Information Sharing): Miawpukek First Nation

Miawpukek First Nation (MFN) are Micmac people living on the south coast of Newfoundland. In 1998 they indicated to the Government of Canada their desire to move toward self-government negotiations. Recognizing the nature and scope of achievements of the community within its short existence as an…

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The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry

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…

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Improving Indigenous community governance through strengthening Indigenous and government organisational capacity

Improving Indigenous community governance through strengthening Indigenous and government organisational capacity

Strengthening the organisational capacity of both Indigenous and government organisations is critical to raising the health, wellbeing and prosperity of Indigenous Australian communities. Improving the governance processes of Indigenous organisations is likely to require strengthening of…

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Sovereignty Under Arrest? Public Law 280 and Its Discontents

Sovereignty Under Arrest? Public Law 280 and Its Discontents

Law enforcement in Indian Country has been characterized as a maze of injustice, one in which offenders too easily escape and victims are too easily lost (Amnesty International, 2007). Tribal, state, and federal governments have recently sought to amend this through the passage of the Tribal Law…