Breaking Free from the Indian Act: A Path to Self-Governance
I recently attended the AFOA 2024 National Conference in Treaty One Territory in a place called Winnipeg.
The two-day agenda was packed with some meaningful conversations, speeches, presentations and networking opportunities. The event was witnessed by more than a 1,000 people passionate about nation-building, good financial governance and resiliency planning. One of the sessions that really inspired me was the Plenary session on Rebuilding Nations on the second day of the conference.
The Keynote speaker was Satsan (Herb George), Wet’suwet’en Hereditary Chief of the Frog Clan, Co-Director, Rebuilding First Nations Governance Project, and President, Centre for First Nations Governance. Following the keynote, there was also a moderated panel discussion between community champions, leaders, specialists and technical subject-matter experts.
Here are some of my thoughts and takeaways from this session:
Breaking Free from the Indian Act: A Path to Self-Governance
Governance is a demanding task – it requires dedication to the common good, consensus-building, economic growth, strategic planning and crisis management, at the very least.
But imagine governing under circumstances where power, resources, critical infrastructure and institutions are either completely missing or severely limited.
It is 2024 and this is still the current reality for numerous Indigenous communities and organizations in Canada, whose values, capabilities, and access to resources have been systematically stripped away for generations.
When it comes to Indigenous governance in Canada, there's a recurring conversation about moving away from the Indian Act – a legislative document that has long been a tool of control over First Nations people, is discriminatory and paternalistic.
Let's explore some key takeaways and strategies for moving toward self-governance and away from the Indian Act.
Understanding the Indian Act
Does everyone understand the Indian Act? If not, maybe we need to start there. It is a dated federal law governing Indian status, bands, and reserves in Canada, and dates back to 1876, a mere 9 years after Canada was confederated and 5 years after British Columbia joined the new confederacy. The Indian Act granted sweeping authority to the Canadian government over Indigenous peoples' lives, from political structures to cultural practices to land and socio-economic development..
It is a complex piece of legislation that has historically subjugated Indigenous communities – attempting to manage them in a paternalistic manner. It epitomizes systemic oppression and is widely acknowledged as a relic of colonialism and injustice that needs to be dismantled.
The Indian Act perpetuates the notion that Indigenous peoples are wards of the state, incapable of making their own decisions. From outlawing traditional ceremonies like the potlatch to restricting legal representation, it has suppressed cultural identity and political organizing, leaving lasting and inter-generational scars on Indigenous communities.
So, the question is: why is the Indian Act so hard to break free from? Why don’t we simply abolish it?
Efforts to reform or abolish the Indian Act have faced resistance.
Despite its discriminatory nature, the Act acknowledges the unique relationship between Canada and Indigenous peoples. Many indigenous people prefer its retention for their own personal and communal reasons.
In addition, the deep institutionalization stemming from generations of oppression has led to a lack of trust and confidence within Indigenous communities. This mistrust extends not only towards their own officials but also toward other levels of government.
Breaking free from this cycle requires dismantling the ingrained structures that perpetuate dependency and disempowerment. What is more important is to think about the structures that will be a permanent and long-term replacement of the broken and racist structures. Breaking free requires a balance of traditional and modern governance. It requires engagement with community members, capacity and consensus-building.
Building Governance Capacity
Another key factor is the need to build governance capacity within Indigenous communities. This involves empowering communities to develop their own laws, policies, and structures in order to govern themselves effectively.
Transitioning from the Indian Act toward self-governance isn’t a simple task.
At ZN, we believe this requires a grassroots approach, starting at the community level and engaging Indigenous citizens in dialogue about their inherent right to govern themselves – and developing a collective vision for change based on their shared memory. Indigenous rights never got lost or extinguished and their governments are the first order of the country now known as Canada. It is about time that we talk to Indigenous people on their unceded lands, understand their needs, embrace their worldview, culture and language, and let law not be this great barrier. Being open to change is a positive thing.
This alone can help instill hope, which is a powerful catalyst for progress.
Building capacity also includes education, skill development, and developing a sense of ownership and pride within Indigenous communities. By continually involving and empowering community members, a resilient and self-determined community can emerge. Taking action then becomes second nature. If people within a community are engaged they are bound to take ownership of their affairs, provide input and steer the direction of the community.
Legal Framework and Institutional Structures
One crucial step toward independence is establishing a legal basis for self-governance. The act of establishing the legal basis is in itself a very colonial practice. Why can’t an already established legal basis be enough? Regardless, establishing legal basis likely involves creating and enforcing laws that reflect the values and needs of the community. These laws need to be simple for people to interpret and are generally agreed upon by the community.
In addition, self-sufficient communities require institutional structures and systems to pursue community mandates for lands and resource management, infrastructure and economic development, education, healthcare, language and culture.
The Role of Indigenous Leaders & Community Members
Indigenous leaders across Canada are tirelessly working within the confines of the Indian Act to improve the lives of their people. Despite challenges, they are striving to restore trust, language, culture, and economies within their communities. Their aim is to step out from under the Indian Act and reclaim their inherent right to self-government and self-determination.
Community member engagement and participation is also key. The community can articulate its long-term vision, set achievable goals, and ensure accountability in implementation. Engaging in transparent communication and feedback loops keeps communities informed and invested in the governance process. It’s a win-win for everyone involved and breeds succession planning.
Moving Toward Self-Determination: Transitional Governance
Ultimately, the goal of moving away from the Indian Act is to achieve self-determination and independence. Transitional governance offers a practical pathway toward self-government for communities determined to exercise their rights.
It involves creating consensus for change within communities and empowering them to determine their governance structures all while building the capacity of individuals within the community. This approach acknowledges the need for support from other governments and the Canadian population altogether to make meaningful progress.
Simply recognizing the failures of the Indian Act isn't enough.
Politicians and leaders must actively support the hard work of transitional governance. This entails critical examination of policies and actions that hinder Indigenous progress and making necessary changes either to be supportive or to step aside. It requires not a perpetuation of the same old system rooted in racism and discrimination. It requires a new thinking - an open and accepting mind that balances out the teachings of different cultures and worldviews that make up our society today. IT REQUIRES TAKING AFFIRMATIVE ACTION.
The journey toward self-governance is challenging, but it's a journey worth taking.
Through collective action, strategic planning, and unwavering determination, Indigenous communities can reclaim their sovereignty and shape their destiny – on their own terms. It's time to move beyond the Indian Act, yes! This move is already underway and being led by passionate Indigenous people in their personal and professional capacities.
In Canada, we, the non-Indigenous folks, are presented with an opportunity to dismantle oppressive systems, meaningfully support Indigenous self-determination and grassroot movements that are wanting a meaningful change. We need to ask ourselves and our political leaders about where our tax dollars are being invested. Heck, we need to have an option to decide where our tax dollars should be invested. It’s simple thinking like this that can lead to change but it cannot happen at an individual level.
Together, we can move beyond the constraints of the Indian Act and towards a future of empowerment, equality, and justice.