Intergovernmental Relations

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Pacific Northwest Salmon Habitat: The Culvert Cases and the Power of Treaties

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…

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Back to the Bison: Part II

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…

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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 (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 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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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…

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The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights

The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights

The Crown’s duty to consult and accommodate Aboriginal and treaty rights is a fundamental matter of social justice that invokes very solemn legal obligations. Reconciliation and win-win situations can be achieved with good faith negotiations if the federal and provincial Crown immediately…

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The Governance and Fiscal Environment of First Nations’ Fiscal Intergovernmental Relations in Comparative Perspectives

The Governance and Fiscal Environment of First Nations' Fiscal Intergovernmental Relations in Comparative Perspectives

This paper examines the Canadian Aboriginal fiscal inter-governmental system by comparing it to other countries, and also focuses on the key characteristics of the Canadian system. Over the last 20 years governments have decentralized power and responsibilities in response to an…

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Native American Lands and Natural Resource Development

Native American Lands and Natural Resource Development

The rules that govern oil, gas and mining on American Indian tribal lands are complex, and the tribes that seek economic development through natural resources face a range of challenges. In this report, Revenue Watch gives an overview of the issues and describes current approaches to natural…

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Colonial Fracture And Community Cohesion: Governance In The Stó:Lõ Community Of Shxw'õwhámél

Colonial Fracture And Community Cohesion: Governance In The Stó:Lõ Community Of Shxw'õwhámél

This paper has three goals: 1) To briefly outline the process through which Shxw’õwhámél came to adopt the Siyá:m System in 1994; 2) to highlight certain concerns about the limitations of that system as articulated by community members in 2006; and 3) to provide a detailed discussion of those…