Other Papers & Reports

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The Governance and Fiscal Environment of First Nations’ Fiscal Intergovernmental Relations in Comparative Perspectives

The Governance and Fiscal Environment of First Nations' Fiscal Intergovernmental Relations in Comparative Perspectives

This paper examines the Canadian Aboriginal fiscal inter-governmental system by comparing it to other countries, and also focuses on the key characteristics of the Canadian system. Over the last 20 years governments have decentralized power and responsibilities in response to an increasingly…

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Seven Generations, Seven Teachings: Ending the Indian Act

Seven Generations, Seven Teachings: Ending the Indian Act

Six generations have passed since the Indian Act was introduced and the seventh generation, now rising, will be healthier and our communities will enjoy more freedom if we assist them in getting rid of the Indian Act. Communities and the next generation can overcome the Indian Act’s hold over all…

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The Jurisdiction of Inherent Right Aboriginal Governments

The Jurisdiction of Inherent Right Aboriginal Governments

Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the governmental…

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The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights

The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights

The Crown’s duty to consult and accommodate Aboriginal and treaty rights is a fundamental matter of social justice that invokes very solemn legal obligations. Reconciliation and win-win situations can be achieved with good faith negotiations if the federal and provincial Crown immediately…

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Colonial Fracture And Community Cohesion: Governance In The Stó:Lõ Community Of Shxw'õwhámél

Colonial Fracture And Community Cohesion: Governance In The Stó:Lõ Community Of Shxw'õwhámél

This paper has three goals: 1) To briefly outline the process through which Shxw’õwhámél came to adopt the Siyá:m System in 1994; 2) to highlight certain concerns about the limitations of that system as articulated by community members in 2006; and 3) to provide a detailed discussion of those…

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Indigenous Governance: Questioning the Status and the Possibilities for Reconciliation with Canada's Commitment to Aboriginal and Treaty Rights

Indigenous Governance: Questioning the Status and the Possibilities for Reconciliation with Canada's Commitment to Aboriginal and Treaty Rights

Indigenous peoples have always had governance. This fact has been a matter of great debate among Canadian politicians and scholars for many years, but there is little doubt that Indigenous Nations had developed for themselves complex systems of government prior to colonization. The important…

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Indian Act Colonialism: A Century Of Dishonour, 1869-1969

Indian Act Colonialism: A Century Of Dishonour, 1869-1969

In 1867, with the passage of the British North America Act, Canadians began the process of nation building. Over the next few years, new provinces emerged--Manitoba, British Columbia, Prince Edward Island--and Canada became, by 1873, a nation from sea to sea. At the same time, by way of three legal…

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Aboriginal Nationhood and the Inherent Right to Self-Government

Aboriginal Nationhood and the Inherent Right to Self-Government

Canadian governments and courts recognize that pre-contact Aboriginal societies possessed their own legal and political systems and that to this day these nations have not surrendered the powers they fully exercised before colonial policies undercut their authority. Unfortunately, however, the…

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Systems of Conflict Resolution Within First Nations Communities: Honouring The Elders, Honouring The Knowledge

Systems of Conflict Resolution Within First Nations Communities: Honouring The Elders, Honouring The Knowledge

First Nations people are well aware that many of our governments and citizens struggle to move beyond the violence and dysfunction that characterizes some individuals, families and communities. Within some community settings, drugs and alcohol prevail, family members are involved in the justice…

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Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

The realization of Self Determination for Indigenous Peoples is an exhilarating and fascinating movement that encourages human perseverance and an unfaltering belief in human potential and responsibility. It is a multi-dimensional movement that acknowledges and accepts human flaws while becoming…

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First Nation Small Business and Entrepreneurship in Canada

First Nation Small Business and Entrepreneurship in Canada

There are thousands of Aboriginal organizations in Canada. They are owned, managed and staffed, wholly or in part, by First Nation (status and non-status Indian), Inuit, and Métis men, women, and youth. They exist in every region in the country where they perform profit, not-for-profit, co-…

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Indigenous Leadership in a Flat World

Indigenous Leadership in a Flat World

The world is flat, so we are now told. In his recent book The World is Flat: A Brief History of the Twenty-First Century, Thomas Friedman argues that since the beginning of the Twentieth century globalization has evolved at an astronomically fast rate. As a result, the world is now inter-connected…

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The Economics of First Nations Governance Investment Capital, Money and Wealth Accumulation

The Economics of First Nations Governance Investment Capital, Money and Wealth Accumulation

There has been much said and written about the underdevelopment of Indian reserves in Canada, the lack of wealth in First Nations’ communities and the concomitant poverty of most First Nations’ people. While Canada sits at seven on the United Nations Human Development Scale this would dramatically…

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Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Social relationships, not political, hold communities together. In Anishinaabe communities, external colonial agencies created changes. External upheavals by colonial governments, education and helping agencies have eroded social structures that nourished communities. Yet, it is the Anishinaabe…

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Constitutions and Economic Development: Evidence from the American Indian Nations

Constitutions and Economic Development: Evidence from the American Indian Nations

This paper presents an empirical examination of economic and institutional development. Utilizing a novel data set on American Indian tribal nations we investigate how constitutional design affects economic development, while holding the broader legal and political environment fixed. Instrumental…

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Good Practice Guide: Indigenous Peoples and Mining

Good Practice Guide: Indigenous Peoples and Mining

It is important that companies take the time to properly understand the communities they work with including their particular context, concerns and aspirations. This Guide aims to assist companies to achieve those constructive relationships with Indigenous Peoples. 

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Tribal Constitutions and Native Sovereignty

Tribal Constitutions and Native Sovereignty

More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of…