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self-government
DCHP-2 (Jul 2016)
n. — Aboriginal, especially First Nations
the right of Aboriginal peoples to govern their own political, cultural, economic and territorial affairs.
Type: 4. Culturally Significant — The term self-government refers to the inherent right of Aboriginal peoples to govern their internal affairs (see Parliament of Canada reference). Self-government agreements between the federal government and Aboriginal nations provide Aboriginal groups with more autonomy in regards to "...governance, social and economic development, education, health, lands and more" (see the 2013 quotation). However, some of these agreements are viewed as a simple download of Federal responsibilities rather than a full engagement with First Nations' rights to self-government and self-determination. Many Aboriginal peoples consider self-government a pre-existing right and responsibility that was granted to them by the/a "Creator", who "placed each nation on its own land and gave the people the responsibility of caring for the land - and one another - until the end of time" (see first AANDC reference). The rights to self-government are protected and affirmed both nationally and internationally; both Section 35 of the Canadian Constitution Act (1982) and the United Nations Universal Declaration of Human Rights (1948) recognize this inherent right, although it has been noted as "incremental[ly] judicial" for its case-to-case nature (see Canadian Encyclopedia, s.v. "Self-Government: Indigenous Peoples").
The term self-government is seen as an expression of "self-determination" (see the 1977 quotation), an internationally recognized right that can be used to support self-government efforts (see self-determination). Due to the variety of needs possessed by Aboriginal groups, communities and regions, there is no single model of self-government (see the 2012 quotation), as each First Nation establishes their own system (see BC Treaty Commission reference). Despite this variety, basic models have been identified, including Nation government, Public government and Community of Interest government (see second AANDC reference).
This right has been legally suppressed throughout the process of European occupation and imposition of Euro-Canadian political ideals (see Parliament of Canada reference). For example, the Indian Act of 1876 "removed" traditional systems of governance (see Canadian Encyclopedia reference). In 1996, a constitutional recognition of the right to self-government was proposed by the Royal Commission on Aboriginal Peoples as a valuable contribution to improving the relationship between Aboriginal peoples and the Canadian government. While there have been some political negotiations between the government and the First Nations and Inuit peoples, the Metis and other Aboriginal peoples who do not live in Aboriginal communities have yet to receive any sort of entitlement to self-government (see Canadian Encyclopedia reference).
The United Nations has noted Canada's limited progress in recognizing Aboriginal peoples' rights of self-determination, and thus self-government (see Canadian Encyclopedia reference).
Chart 1 shows that self-government is most frequent in Canada, with the US behind by a narrow margin.
The term self-government is seen as an expression of "self-determination" (see the 1977 quotation), an internationally recognized right that can be used to support self-government efforts (see self-determination). Due to the variety of needs possessed by Aboriginal groups, communities and regions, there is no single model of self-government (see the 2012 quotation), as each First Nation establishes their own system (see BC Treaty Commission reference). Despite this variety, basic models have been identified, including Nation government, Public government and Community of Interest government (see second AANDC reference).
This right has been legally suppressed throughout the process of European occupation and imposition of Euro-Canadian political ideals (see Parliament of Canada reference). For example, the Indian Act of 1876 "removed" traditional systems of governance (see Canadian Encyclopedia reference). In 1996, a constitutional recognition of the right to self-government was proposed by the Royal Commission on Aboriginal Peoples as a valuable contribution to improving the relationship between Aboriginal peoples and the Canadian government. While there have been some political negotiations between the government and the First Nations and Inuit peoples, the Metis and other Aboriginal peoples who do not live in Aboriginal communities have yet to receive any sort of entitlement to self-government (see Canadian Encyclopedia reference).
The United Nations has noted Canada's limited progress in recognizing Aboriginal peoples' rights of self-determination, and thus self-government (see Canadian Encyclopedia reference).
Chart 1 shows that self-government is most frequent in Canada, with the US behind by a narrow margin.
See: Indian Act,download,self-determination,sovereignty(meaning 2),three orders of government(meaning 2)
Quotations
1859
A deputation from the Aborigines' Protection Society had an interview with the Duke of Newcastle, at the Colonial Office. A memorial which was read to his Grace commenced by referring to the importance at the present timeof [sic] the question of the Hudson's Bay Company charter and the future disposition of the vast territories of British North-west America. The government was urged to adopt measures to ascertain the validity of the company's charter, to confer the right of self-government upon the inhabitants of the Red River settlement, and to recognize the rights of certain Indian tribes who have been deprived of their lands, without proper compensation by the Hudson's Bay Company.
1871
INDIAN AFFAIRS The report of the Secretary of State for the Indian branch of his department in reference to the year ending 30th June, 1870, has just come to hand. The new system of management introduced by the Acts of '68 and '69, by which it was proposed to lead the Indians gradually to self-government, has not been much made use of. The Mohawks of the Bay of Quinte are the only ones who have applied for authority to hold elections under these Acts.
1897
We cannot afford to let the management of the Indians drift into the hands of officials, contractors and the Mounted Police. [...] I have shown that the Indian reports are worth careful study, that the red man needs somebody to champion his cause, his own representatives in this councils of the nations, lands to maintain him and generous support while he is unable to change his way. [...] We may be boldly generous and erect the Northwest Indians into a monument of British justice and wisdom, its right to lead the world towards freedom and self government, or we may ruthlessly slowly starve and degrade them [...]
1920
The people of Canada have endeavored to treat the Indians fairly, and have set aside for them reserves of land where they have been encouraged to grow self-reliant, and to that end they have been given a certain measure of self-government.
1947
The delegation was headed by Rev. Peter R. Kelly, Ocean Falls, B.C. chairman of the brotherhood's legislative committee. Other points in brief: [...] Self-government in directing affairs of Indian villages and band funds.
1977
In particular, the Tapirisat's paper calls for the "right of the Inuit to self-determination" and asks for full ownership of land and subsurface rights. The "self-determination' claims, implying the creating of a self-governing Inuit territory over all the Arctic and part of the NWT.
1980
In a brief to the join Commons-Senate committee, the Inuit leaders argued for the inclusion of aboriginal rights in Prime Minister Pierre Trudeau's proposed charter of human rights. Such aboriginal rights - including self-government, collective property rights and parliamentary representation in the federal and provincial government - would preserve the Inuit community's distinctive heritage in Canada, the Inuit leaders argued.
1990
We must also move to recognize the inherent right of aboriginal Canadians to self-government and end the paternalism that has characterized the relationship between Ottawa and Canada's first citizens. Reforming Canada's national institutions to create a reservoir of legitimacy at the centre is the alternative to Trudeau's and Mulroney's two sides of the executive federalism coin.
2000
Ottawa must help native people establish self-government and build an aboriginal economy to "take the edge off many potential flashpoints," he said, adding that failure to allow natives to share resources means "the potential for conflict is high."
2012
Self-government agreements set out arrangements for Aboriginal groups to govern their internal affairs and assume greater responsibility and control over the decision making that affects their communities. Self-government agreements address: the structure and accountability of Aboriginal governments, their law-making powers, financial arrangements and their responsibilities for providing programs and services to their members. Self-government enables Aboriginal governments to work in partnership with other governments and the private sector to promote economic development and improve social conditions.
Because Aboriginal groups have different needs, negotiations will not result in a single model of self-government. Self-government arrangements may take many forms based on the diverse historical, cultural, political and economic circumstances of the Aboriginal groups, regions and communities involved.
2013
Self-government agreements are one means of building sound governance and institutional capacity that allow Aboriginal communities to contribute to, and participate in, the decisions that affect their lives and carry out effective relationships with other governments. Self-government agreements give Aboriginal groups greater control and law-making authority over a comprehensive range of jurisdictions, including governance, social and economic development, education, health, lands and more.
2016
For almost 150 years, First Nations have been governed by the federal Indian Act of 1867. As more and more First Nations challenged old treaties and negotiated new land-claim agreements, it gave rise to more autonomy in the form of self-governance agreements.
There are now 22 self-government agreements, and, as of April, there were 90 more in negotiation, according to the federal Ministry of Aboriginal Affairs and Northern Development. Of 14 First Nations in the Yukon, 11 are self-governed, which means they develop their own laws and have greater control over their own lands and resources. "Everything is a learning process in building of a government," says James.
There are now 22 self-government agreements, and, as of April, there were 90 more in negotiation, according to the federal Ministry of Aboriginal Affairs and Northern Development. Of 14 First Nations in the Yukon, 11 are self-governed, which means they develop their own laws and have greater control over their own lands and resources. "Everything is a learning process in building of a government," says James.
References
- AANDC • "Fact Sheet: Aboriginal Self-Government "
- Parliament of Canada • "Aboriginal Self-Government
- AANDC • "ARCHIVED - Highlights from the Report of the Royal Commission on Aboriginal Peoples "
- BC Treaty Commission • "Self-Government"
- Canadian Encyclopedia • "Self-Government: Indigenous Peoples
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