Indigenous Self Government

Improved Essays
power removes abilities of Indigenous communities to self finance forms of development like water treatment infrastructure. The IA not granting band councils full municipality status limits their ability to self develop because they cannot fund water infrastructure through methods like levying a municipal tax for loans. Furthermore, the inability to levy a municipal tax also reduces their access to loans for infrastructure because they can not make repayment guarantees.
The second dependency structure the IA creates is the lack of land title. The IA outlines that reserves are plots of land “held by Her Majesty for the use and benefit of the respective bands for which they were set apart” and that “the Governor in Council may determine whether
…show more content…
An Indigenous self government solves the dependency structure because Indigenous bands are granted full municipal power, such as the ability to tax and set property rights. as well, bands are given fee simple title to the land enabling the use of land for developing industry or as collateral for a loan. A variety of mechanisms can be utilized to form an Indigenous self government such as modern treaties, traditional treaties, land claim agreements, legislation, and contracts. However, in exchange for self governance, a band is typically required to surrender all Indigenous and treaty rights. An example of this is the Sechelt Indian Band Self-Government Act, which serves to “enable the Sechelt Indian Band to exercise and maintain self-government on Sechelt lands and to obtain control over and the administration of the resources and services available to its members” at the cost of the “Indian Act Sechelt band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council” (Government of Canada, 1986). Thus, another approach Trudeau could undertake to more efficiently improve access to water is to try to resolve the dependency structure created by the IA. The dependency structure could be resolved by granting more power to Indigenous communities, or reducing …show more content…
Physical consequences have been illustrated by the Kashechewan crisis and intangible significances have been exemplified by the breaking of Aboriginal rights. The historical context of this issue has been touched upon including how reserves may be intentionally disadvantaged, as well as, how current efforts are hindered by correcting past infrastructure. Using results from the first of five years reported by Health Canada, Trudeau’s current plan was predicted to fall short of his vow. Next, how this shortcoming may be due to three major challenges was examined. First was the inadequate budget which may lead to cost-cutting and the reduced return to investment. Second was the inefficiency of INAC which ineffectively uses funds and perpetuates the problem of wasted resources. Third was the dependency structure created by the Indian Act where Indigenous communities are incapacitated to develop water infrastructure and are forced to rely on INAC. Improvements to Trudeau’s plan have been suggested in a variety of ways that ultimately alter any three of these possible hindrances. One of the darkest points within Canadian history is the mistreatment of Indigenous peoples. Hopefully, reform to Trudeau’s plan could usher in the resolution to the limited access to water issue, and end this continuation of Canada’s dark past. However, providing universal access to potable

Related Documents

  • Superior Essays

    Introduction The Canadian Constitution, also known as the supreme law, describe Canada’s process of both codified and uncodified traditions as well as convention. It allows for the division of powers between federal and provincial powers and encompasses the rights and freedoms of all Canadians. The Meech Lake Accord was the first attempt to amend the newly patriated Constitution in order to facilitate changes depicted by the Constitution Act, 1982. The Meech Lake Accord was a set of constitutional amendments designed to persuade Quebec to accept the Canada Act. The accord was proposed by both Prime Minister Brian Mulroney and premier of Quebec, Robert Bourassa.…

    • 2008 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    Why did The Federal Government want Aboriginal Peoples to sign treaties? The Canadian Federal Government wanted the Aboriginals to sign the treaties to avoid wars with them. They had also wanted to get them signed by the aboriginals to get ownership over the lands. That is why the Federal government wanted the Aboriginal Peoples to sign the treaty to take their lands and have power and control over the lands giving the First Nations People only some lands (reserves) to have bands live on and to have the start oif assimulation.…

    • 310 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Using Enbridge Northern gateway pipeline as a framework, explore how pipeline governance in Canada impacts the sovereignty of the Indigenous communities There is a growing concession of the need to consider the impact of large scale industrial development of resources extraction on indigenous communities in Canada, especially, projects which may have direct environmental impact on these communities, specifically, the tar sand industry. The aboriginal rights are protected by the Canadian constitution and the Canadian government is vested with the due responsibility of consulting the impacted aboriginal communities to amend and incorporate their interest where appropriate or as required, (D'Arcy, Black, Weis, & Russell, 2014). However, this…

    • 1246 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    According to the book’s publisher, McGill-Queen University Press, its authors include over “eighty elders from the five First Nations involved in Treaty 7 - the Bloods, Peigans, Siksika, Stoney, and Tsuu T'ina” . The first of these two articles, “A Treaty Right to Education” looks at the historical timeline regarding education in the treaties and how exactly they government of Canada has failed to provide education in reserves. This article argues that the Europeans failed to provide adequate education to the indigenous people as were promised in treaties one to seven which were negotiated between 1870 and 1877. The author goes into detail explaining the different ways in which the government failed to provide what it promised to survive which surprisingly is still occurring at the current time.…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Tsilhqot Case Analysis

    • 1517 Words
    • 7 Pages

    One effect brought about is that Aboriginal people across Canada will have more power and rights within property law. It is important to know that most Aboriginal rights and power are established through land occupation and their use of the land (McLeod and Macbeth, 2015, pg 4). This fact is significant because this case grants a large amount of land to the Tsilhqot and this increases power and provides more rights for Aboriginals. The court outlined what authority provincial and federal powers have and in what areas of property and foresting laws they have jurisdiction. The decision the judges made also strengthened interjurisdictional rights for Aboriginal titled land holders (Tsilhqot v. BC, paragraph 10).…

    • 1517 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    In his book, “The Absolutely True Diary of a Part-time Indian,” Sherman Alexie discussed the required strategies for overcoming poverty. The book points out that white people have more hope than Native Americans living on the reservations (Alexie, 45). This theme of hope helps outline the characteristics required for a poor individual to stay motivated in the possibility of getting out of poverty. Junior and his sister, Mary seem to have pursued hope with a similar approach; they both moved out of the reservation. Why then is Junior the only one who ended up with the hope of overcoming poverty?…

    • 1236 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    A more efficient approach may be shifting efforts to correct the unfunctional nature of INAC. However, the problem does not stop there. The Consolidation Indian Act (IA) of 1985 -an amended version of the Indian Act of 1857- may have created a political structure of dependency where Indigenous communities are incapable to develop water infrastructure on there own. Instead, communities could be forced to wait and develop water infrastructure through the inefficient INAC. How the IA may incapacitate indigenous communities from building water infrastructure, making them dependant on INAC, will be discussed by the pseudo municipality of Indian band self governance and lack of land…

    • 930 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    For many years the Indians have been challenging the government about how off-reserve Indians, “Métis”, were not granted the same rights as on-reserve Indians under The Constitution. The Federal Court made decision to grant off-reserve “Indians” the same rights under the constitution seeing as they had grown up and respect and live by this culture. The president of the Women of the Métis Nation states "we will no longer be a part of the political football that has us being tossed back and forth between the province and the federal government. " Many off-reserve “Indians” have been very largely impacted by this decision because it will allow them to get the help and status they need to preserve their families. Before off-reserve Indians were granted these rights they were always told they were a provincial problem but when they had gone to the province asking for their rights to be granted they sent them to the Federal government as a purview.…

    • 656 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In the articles, the authors highlight important notions such as “sovereignty,” “recognition,” “separateness,” “domestic dependent nations,” “dominate the physical space,” “reform the minds,” and “absorb the economic”. The authors argue that the legal and juridical sovereignty of American Indian provides them with the right to maintain and protect their traditional distinct political and cultural communities. In this pretext, to deal with the growing environmental problems at an alarming level, the tribal governments have inherent and statutory right to set their own environmental standards to meet the emerging environmental challenges. These challenges are serious threats to their socio-cultural, economic, politicolegal, spatial, and temporal…

    • 1111 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    What does the current model of Indigenous “self-government” in Canada offer to First Nations? Using an example (such as Nunavut), examine the pros and cons of this model and how this does/does not provide an opportunity for First Nations to become healthy, sustainable, and self-sufficient. Self-government is the cornerstone of the Inuit policy goals in the Nunavut region. While self-government is an important goal, the idea is intricately linked to other goals such as land claims settlements, cultural preservation, and economic development; goals which the people of Nunavut are finding very hard to meet (Nowland-Card, 41). Indigenous people were self-governed long before Europeans arrived in Canada, but in 1876, the Indian Act came into…

    • 2048 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Monchalin Chapter Four Reading Reflection In chapter four of The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, Monchalin addresses the presence of colonialism in the past as well as its presence today. Monchalin describes how various doctrines such as the Doctrine of Discovery were created as a means of establishing settler dominance over Indigenous communities. Multiple individuals, including Tomas Hobbs and John Locke developed theories that worked to justify the colonization of Indigenous persons. By framing Indigenous persons as “nasty” and “brutish” Hobbes reveals that they are in need of guidance from Europeans to become civilized (Monchalin 66).…

    • 932 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Aboriginal Struggles

    • 1283 Words
    • 6 Pages

    For centuries, the majority of the Indigenous population in Canada has been living in poverty, segregated from Canadian society, and have been given little compensation to show for it--a small payout here, some minor benefits there--yet the real issue, land, is never being addressed properly. Motorcycles and Sweetgrass, as well as 8th Fire thoroughly exhibit the various land-related conflicts that exist between Aboriginals and the rest of Canada, and the impact they are having on Indigenous…

    • 1283 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Duty To Consult Essay

    • 480 Words
    • 2 Pages

    A presentation made by Bill Taylor was easy to understand and his topic was The Duty to Consult and Accommodate in Natural Resource Development. He spoke about the role of the Supreme court, Aboriginal and treaty rights, the Crown and consolation and accommodation. The role of the supreme court is based to create law through court decisions rather than through legislation or regulation and this is known as case law. Another role is the responsibility for deciding the “constitutionally” of laws in Canada and to strike down any laws that are not consistent with the Constitution Act. Next subtopic he spoke about was being Aboriginal rights which are “practice, custom or tradition integral to distinctive culture” meaning right to hunt, fish and…

    • 480 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Public Health Issue Cardiovascular Disease is at a high level of prevalence in the Indigenous Populations of Australia Video This video outlines the health issues that Indigenous Populations in Australia face and describes the fact that Indigenous groups on average die earlier than other Australians. It focuses on multiple reasons for this statistic not just the prevalence of CVD however is interesting to look at to introduce the realities of the health crisis facing Indigenous Australians. It also explains that one important social change which would assist to close this gap is education. From education on the dangers of alcohol and drug abuse to further graduate education changes to get more Indigenous people in the medical workforce.…

    • 1492 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Based off the history of indigenous peoples in Canada, one thing is for certain; discriminatory and inhumane acts by European conquest, towards a unique culture has altered the Aboriginal way of life we see in Canada today. While the Truth and Reconciliation Commission (TRC), has been evolving and developing for multiple years, these 94 recommendations give important insight and suggestions in how the nation of Canada can move away from this unjust history, reconcile and work towards becoming a stronger nation. While it may seem that reparations are impractical from the devastations of such events as the Indian residential schools, the TRC has been a timely process with the intent to restore an altered Aboriginal life and strengthen ties with…

    • 1149 Words
    • 5 Pages
    Improved Essays