Indigenous Governance Database
Laws and Codes
Declaration of Tsawwassen Identity & Nationhood
We are Tsawwassen People "People facing the sea", descendants of our ancestors who exercised sovereign authority over our land for thousands of years. Tsawwassen People were governed under the advice and guidance of leaders, highborn women, headmen, and speakers through countless generations...
Navajo Nation Constitutional Feasibility and Government Reform Project
This paper will review three important elements related to the constitutional feasibility and government reform of the Navajo Nation. The first section will outline the foundational principles related to constitutionalism and ask whether constitionalism and the nation-state are appropriate…
First Nation Constitutions
A constitution is a solid foundation for First Nations to move ahead in self-government and in nation-building activities. Your constitution will be specific to your community. It should address your community's sense of itself, how you are governed, how the membership has input into governance,…
A Guide to Community Engagement
In this third part of the BCAFN Governance Toolkit: A Guide to Nation Building, we explore the complex and often controversial subject of governance reform in our communities and ways to approach community engagement. The Governance Toolkit is intended as a resource for First Nations leadership. It…
Peacemaking and Conflict Resolution: A List of Resources
The Native American Rights Fund's National Indian Law Library provides a comprehensive list of relevant news stories and academic articles on the peacemaking mechanisms and conflict resolution approaches of Native nations.
Best Practices Case Study (Rule of Law): Nisga'a Nation
Nisga'a Nation, comprised of four communities; New Aiyansh, Gitwinksihlkw, Laxgalt'sap, and Gingolx, is located in northwestern B.C. In the 1890s, Nisga'a hereditary chiefs and matriarchs formed the Nisga'a Land Committee and began to aggressively pursue self-government and title to their lands. In…
Best Practices Case Study (Expansion of Jurisdiction): White Bear First Nation and SIGA
On March 22, 1993, the provincial government of Saskatchewan sent the RCMP tactical team to shut down the White Bear casino on White Bear First Nation near Carlyle citing criminal code violations. The result was a highly hostile raid where all assets and records were confiscated. "We had every…
Best Practices Case Study (Expansion of Jurisdiction): Tsawwassen First Nation
Tsawwassen First Nation (TFN) is located in the Metro-Vancouver area of British Columbia. In 2007, following 14 years of negotiations, TFN signed a treaty with Canada and B.C. It was the first treaty reached under the BC Treaty Commission (BCTC) process and the first urban treaty. The Effective…
A Human Resource Capacity Tool for First Nations
This tool was developed by the British Columbia Treaty Commission (BCTC) to assist BC First Nations who are working through the treaty process with their Human Resource (HR) planning. It responds to a growing need for a practical, efficient tool for First Nations with diverse sets of priorities,…
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…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/nnigovernance.arizona.edu/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=r-DrCTma "Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law")
Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law
At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…
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…
Huu-Ay-Aht First Nations Constitution
We, the people of Huu-ay-aht, by this Constitution declare our unique identity as a Nation and claim our rightful place as equal participants in Canadian society. We have existed from time immemorial and have occupied and used the lands, waters and resources of our traditional territory throughout…
Huu-ay-aht First Nations Government Act
The Government Act sets out the legal framework for the Huu-ay-aht government which includes the following branches: the Legislature, Executive Council, the Ha’wiih Council, and the People’s Assembly.
Best Practices Case Study (Meaningful Information Sharing): Squiala First Nation
Squiala First Nation is located within the boundaries of the City of Chilliwack, B.C. in the central Fraser Valley east of Vancouver. The connection of Evans Road to Ashwell through Squiala lands has been an issue of ongoing discussions between the City of Chilliwack and Squiala First Nation. In…
Waiving Goodbye to Tribal Sovereign Immunity?
Tribal sovereign immunity, the legal principle that Indian tribal governments, like other sovereigns may not be sued without their own consent, is under a full frontal attack...Unless Indian Country reacts to such scathing judicial indictments through more strategically thought out assertions of…
The Structure of the Indian Act: Accountability in Governance
The Indian Act has been criticized for giving the Chief and Council too little power to make their own decisions. The Royal Commission on Aboriginal Peoples counted nearly 90 provisions that give the Minister of Indian Affairs powers over the Band and Band Council. But the Indian Act has also been…
Customary Adoption Code, White Earth Band of Ojibwe
This code, developed by the White Earth Band of Ojibwe, allows adoption on the reservation for children but in a way that promotes cultural growth and support.
White Earth Band of Ojibwe Child/Family Protection Code
The Child/Family Protection Code, drafted by the White Earth Band of Ojibwe for the purpose of protecting children and families from events of abuse, poverty, and separation.
Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country
This Toolkit has been developed to give tribal legislators a brief overview of legal and policy issues that impact the equal treatment of Two Spirit/ LGBT individuals. The Toolkit identifies areas in which existing laws discriminate against Two Spirit/ LGBT individuals, and offers sample resolution…