First Nations governments (band government)

First Nations governments are the smallest units of government among the aboriginal people of Canada who are registered under the Indian Act of 1876. At least fifty groups of aboriginal people throughout Canada are represented among the First Nations. These people form more than six hundred generally small communities, each of which is operated by a First Nations, or band, government. An elected chief and councilors run these forms of government. The leaders oversee all aspects of public life in their communities and work closely with federal government agencies that provide aid and regulation. In the twenty-first century, the First Nations government system has been praised for empowering aboriginal people, but it has also been criticized for inefficiencies.

Background

Humans first arrived in the lands now known as Canada more than ten thousand years ago. Today, these people are known collectively as the aboriginal (or indigenous) people of Canada. Aboriginal Canadians lived for hundreds of generations before colonizers from Europe, most notably Great Britain and France, arrived on the continent in search of land, riches, and personal freedoms. These newcomers forever changed the lives of aboriginal people.

As of 2021, approximately 1.8 million Canadians, or about 5 percent of the national population, identified themselves as aboriginal. The term aboriginal includes three main groups of people known as the First Nations, Métis, and Inuit, each with its own distinct culture, language, and spiritual practices. Each group contains a variety of smaller nations, which are divided further into bands, communities, and other forms of organization.

The largest Canadian aboriginal group is the First Nations. Although definitions and figures vary between sources, there are at least fifty nations represented among the First Nations, speaking a similar number of languages and a wide variety of dialects. These nations include more than six hundred smaller First Nations communities throughout Canada. Provinces with the largest numbers of First Nations communities include British Columbia, Ontario, Saskatchewan, Manitoba, and Alberta. Approximately half of these people live on reserves and government lands. The rest have moved out to non-reserve towns and cities.

The history of Canada has largely dealt with the interplay between the aboriginal people and European Canadians. Although their relationship has often been combative or exploitative, leaders have made efforts to coexist and cooperate, largely through treaties and legislation. In general, these agreements have strived to protect basic aboriginal rights to keep ancestral lands and practices, but have also imposed federal controls over aboriginal political organizations and other aspects of society.

The Indian Act of 1876 was one of the most influential pieces of legislation passed by the Canadian federal government pertaining to aboriginal people. (Here, Indian is an outdated and inaccurate term for indigenous people.) This act and its later amendments outlined federal responsibilities and obligations pertaining to aboriginal reserve lands, monetary management, and by-law approval. It attempts to balance the powers of the federal government with aboriginal people's right to self-government. Aboriginal people who are registered under the Indian Act are known as Status Indians. Under this act, the basic unit of government among the First Nations people is defined as the band.

Overview

Traditionally, different groups of aboriginal people developed their own unique forms of government. When European colonizers began to take control of Canadian aboriginal populations, they sought to restructure aboriginal politics in the European municipal model. This was one facet of an ongoing campaign to assimilate aboriginal people, or to remove their cultural distinctions and make them think and act more like Europeans.

To this end, the Indian Act of 1876 created the band government system. The act defined a band as a group of aboriginal people who may live on lands that have been reserved for them by the federal government; have funds held for them by the federal government; and who have been acknowledged and approved by the federal government. Members of a band are not required to live on their designated reserve, and indeed a large proportion of aboriginal people have moved away from reserves, often in search of better jobs, programs, and housing. In modern times, many bands prefer to be called First Nations.

Many groups of aboriginal people traditionally chose chiefs based on heredity. Under the First Nations government system, voting selects most chiefs. Elections usually occur every two years and follow procedures outlined in the Indian Act. All members of a band are eligible to vote. Bands can choose their own membership codes, but the federal government checks provisions that are deemed potentially discriminatory to women or other people.

The band chief is assisted by councilors who are also elected. There may be one chief and one councilor for every one hundred people in the community, but there cannot be fewer than two councilors. Band chiefs and councilors have a wide range of duties and powers. They are responsible for making many of the community's policies and decisions, including those pertaining to education, business, utilities, roads, and housing.

The ability of First Nations governments to make their own decisions has strict boundaries, however. First Nations governments are overseen by Indigenous and Northern Affairs Canada (INAC), a federal department empowered to review aboriginal policies and determine whether they follow the provisions of the Indian Act. INAC is also responsible for providing administrative funding as well as educational and social programs for the First Nations. In addition, many First Nations governments work closely with other Canadian federal agencies that provide various kinds of programs and funding. In addition, many of the rulings of First Nations governments must be reviewed and approved by the Minister of Indigenous and Northern Affairs before they become legally binding.

By the twenty-first century, the system of First Nations government is one of the distinguishing characteristics of aboriginal life in Canada. Supporters of the system note that it combines some aspects of self-rule with protections, assistance, and oversight from the federal government. In many cases, First Nations governments are highly effective and efficient.

The First Nations government system has also been subject to criticism. Critics have noted that many First Nations governments are too large proportionate to the small size of the communities they represent, leading to expensive and inefficient leadership. These governments, often staffed by relatively inexperienced leaders, are also given a disproportionately large amount of responsibilities—such as managing economic development, environmental management, social assistance, policing, education, and health care—for communities that on average number only about six hundred residents.

Bibliography

Cumming, Peter A., and Diana Ginn. "First Nations Self-Government in Canada." Nordic Journal of International Law, vol. 55, no. 1–2, 1986, pp. 86–116.

Graham, John. "The First Nation Governance System: A Brake on Closing the Community Well-Being Gap." Institute on Governance, Policy Brief No. 36, Apr. 2010, www.files.ethz.ch/isn/116414/policybrief36.pdf. Accessed 17 Jan. 2025.

Joseph, Bob. "Indian Act and Elected Chief and Band Council System." Indigenous Corporate Training, 25 June 2015, www.ictinc.ca/blog/indian-act-and-elected-chief-and-band-council-system. Accessed 17 Jan. 2025.

"Self-Government." Government of Canada, 18 Mar. 2024, www.rcaanc-cirnac.gc.ca/eng/1100100032275/1529354547314. Accessed 17 Jan. 2025.