Bill C-7: First Nations Governance Act

Aboriginal Neighbours

One of the stereotypes supported by the introduction of the First Nations Governance Act is that without prescriptive legislation from the Canadian parliament, Aboriginal communities will fail to address issues of good governance and accountability. But consider the following:

• The Inuit of Labrador are drafting a Constitution. It will establish an Inuit Central Government and five Inuit Community Governments. The Central Government will make laws for Inuit in Labrador Inuit Lands on matters such as culture, language, education, health and social services. It will determine Inuit citizenship and whether to allow development projects on Inuit Lands to proceed or not.
• The Gitxsan and Wet'suwet'en peoples are exercising their right to co-manage, together with their non-Aboriginal neighbours, lands in central British Columbia. They won a landmark court case in 1997 recognizing the existence of Aboriginal title on lands not covered by treaties. They did so, in part, by presenting to the court their traditional systems of governance based on houses, clans, and hereditary chiefs. They demonstrated, with great courage and care, that each chief continues to carry distinct responsibilities linked to particular territories. Now, forestry and other companies are entering agreements with representatives of that governance system.
• The Pimicikamak Cree Nation in Manitoba has re-constituted itself by passing the "First Written Law" and has enacted at least four other far-reaching laws. The laws cover themes such as citizenship, elections, a financial trust, and relations with the dominant economic force in their lands, Manitoba Hydro. The nation is governed by four councils: Women, Youth, Elders, and the Executive Council. Lawmaking and community administration are subject to extensive community consultation processes. Much use is made of the local television station to inform community members about matters of governance.

Each of these people groups employed a distinct means to achieve their goals: the Inuit a land claim process; the Gitxsan and Wet'suwet'en the courts; the Pimicikamak Cree their inherent right and responsibility to direct their peoples' affairs. But in none of these situations are the powers of good governance granted or the duty to provide good governance imposed. They are negotiated, demonstrated, or asserted, and they arise from within the Aboriginal community's own sense of identity. The resulting changes in governance will be more constructive and lasting than those created by compulsory federal legislation.

The First Nations Governance Act is highly prescriptive legislation in a sphere that is properly within Aboriginal jurisdiction. It is rooted in the notions of delegated authority, the acceptance of which would, many fear, signal the relinquishment of the inherent right to self-government.

Read the bill itself, articles recently issued by MCC:

Process Matters Aboriginal People Not Standing Still MCC Responds to Aboriginal Court Ruling

Read background papers:

MCC Presentation to the House of Commons Standing Committee on Aboriginal Affairs. Bill C-7: The First Nations Governance Act Submission of KAIROS: Bill C-7: The First Nations Governance Act