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Two things that seem important about Canada's recent bill C-15, which has passed.
"Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government"
and, in the annex, Article 4 from UNDRIP which has been accepted: "Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions."
Currently, the Indian Act very specifically requires an election every 2 years, the elected person must be legally an "Indian" and must live on-reserve, and Canada has veto over the elected person. This could be a very big change. One of the issues that's arisen over time is that the elected chief is an imposed power structure and is the only person the government wanted to interact with; hereditary chiefs (in my area, roughly the folks with say each over their family lands, where the elected chief has say over civil matters) were ignored. I suspect this will lead to a wide variety of governance structures.
"Whereas all doctrines, policies and practices based on or advocating the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust"
Roughly 95% of BC is currently held by Canada under those two doctrines. That is, there's no legal treaty between Canada and the folks that live(d) on the land originally to grant Canada access or ownership.
"Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government"
and, in the annex, Article 4 from UNDRIP which has been accepted: "Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions."
Currently, the Indian Act very specifically requires an election every 2 years, the elected person must be legally an "Indian" and must live on-reserve, and Canada has veto over the elected person. This could be a very big change. One of the issues that's arisen over time is that the elected chief is an imposed power structure and is the only person the government wanted to interact with; hereditary chiefs (in my area, roughly the folks with say each over their family lands, where the elected chief has say over civil matters) were ignored. I suspect this will lead to a wide variety of governance structures.
"Whereas all doctrines, policies and practices based on or advocating the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust"
Roughly 95% of BC is currently held by Canada under those two doctrines. That is, there's no legal treaty between Canada and the folks that live(d) on the land originally to grant Canada access or ownership.
