Indigenous Governance Database
Governance
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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 (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…
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…
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.…
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,…
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…
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…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/default/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=pvkjKhR1 "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…
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…
The Indian Act and the Future of the Aboriginal Governance in Canada
The Indian Act is no longer an uncontestable part of the Aboriginal landscape in Canada. For decades, this controversial and intrusive piece of federal legislation governed almost all aspects of Aboriginal life, from the nature of band governance and land tenure systems to…
Tribal sovereign immunity: An obstacle for non-Indians doing business in Indian Country?
Native American tribes consider sovereign immunity to be crucial for the protection of tribal resources and the promotion of tribal economic and social interests. Because of the uncertainties surrounding this doctrine, however, this very same tool of self-determination may be viewed as a…