06/10/20151 Empty, Half-Full or Full “Medicine Chest” CONTROVERSIES IN INDIGENOUS GOVERNANCE IN...

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Empty, Half-Full or Full Empty, Half-Full or Full “Medicine Chest”“Medicine Chest”

CONTROVERSIES IN INDIGENOUS CONTROVERSIES IN INDIGENOUS GOVERNANCE IN CANADAGOVERNANCE IN CANADA

© Dr. Francis Adu-Febiri, 2015© Dr. Francis Adu-Febiri, 2015

Medicine ChestMedicine Chest 3.3 Treaty Right to Medicines3.3 Treaty Right to Medicines Treaty 6 contained two clauses that are of importance when discussing a treaty right to health. Treaty 6 contained two clauses that are of importance when discussing a treaty right to health.

In addition to the pestilence clause discussed above, Treaty 6 is the only treaty to have In addition to the pestilence clause discussed above, Treaty 6 is the only treaty to have specifically included medical care in the written text of the treaty itself. Treaty 6 contained the specifically included medical care in the written text of the treaty itself. Treaty 6 contained the following clause concerning the provision of a medicine chest: That a medicine chest shall be following clause concerning the provision of a medicine chest: That a medicine chest shall be kept at the house of each Indian Agent for the use and benefit of the Indians at the direction of kept at the house of each Indian Agent for the use and benefit of the Indians at the direction of such agent.91 The Indians articulated to Morris that they required “provisions for the poor, such agent.91 The Indians articulated to Morris that they required “provisions for the poor, unfortunate, blind and the lame,” “the exclusion of fire water in the whole Saskatchewan unfortunate, blind and the lame,” “the exclusion of fire water in the whole Saskatchewan [district], and a free supply of medicines.”92 The report filed by Morris is silent concerning a [district], and a free supply of medicines.”92 The report filed by Morris is silent concerning a response to the request for medicine.93 However, the records of Dr. A.G. Jackes, acting as the response to the request for medicine.93 However, the records of Dr. A.G. Jackes, acting as the Secretary of the Treaty Commission, recorded the Indians’ request that medicine be provided Secretary of the Treaty Commission, recorded the Indians’ request that medicine be provided free of charge. Dr. Jackes also recorded the response from Treaty Commissioner Morris: “[a] free of charge. Dr. Jackes also recorded the response from Treaty Commissioner Morris: “[a] medicine chest will be kept at the house of each Indian agent, in case of sickness amongst medicine chest will be kept at the house of each Indian agent, in case of sickness amongst you.”94 While there is no written reference made to health matters outside of Treaty 6, the you.”94 While there is no written reference made to health matters outside of Treaty 6, the federal government has acknowledged, “similar verbal undertakings were made by treaty federal government has acknowledged, “similar verbal undertakings were made by treaty commissioners when negotiating treaties 7, 8, 10, and 11.”95 There is evidence that ill health, commissioners when negotiating treaties 7, 8, 10, and 11.”95 There is evidence that ill health, disease, and the suffering brought to the Indians by the European settlers played a critical role disease, and the suffering brought to the Indians by the European settlers played a critical role in the decision to enter into treaties in the decision to enter into treaties (http://www.naho.ca/documents/naho/english/publications/DP_rights.pdf) (http://www.naho.ca/documents/naho/english/publications/DP_rights.pdf)

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Introduction: Introduction: Metaphor of Canada’s Indigenous Governance ModelMetaphor of Canada’s Indigenous Governance Model

The Medicine Chest is used as a metaphor The Medicine Chest is used as a metaphor for Indigenous Governance model that the for Indigenous Governance model that the Canadian government is offering to Canadian government is offering to Indigenous people of Canada:Indigenous people of Canada:– ““That a medicine chest shall be kept at the That a medicine chest shall be kept at the

house of each Indian Agent for the use and house of each Indian Agent for the use and benefit of the Indians at the direction of such benefit of the Indians at the direction of such agent”. agent”. (http://www.naho.ca/documents/naho/english/publications/DP_rights.(http://www.naho.ca/documents/naho/english/publications/DP_rights.pdf)pdf)

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The templates the government offers represent The templates the government offers represent the “empty medicine chest” approach to the “empty medicine chest” approach to Indigenous governance that the First Nations Indigenous governance that the First Nations have rejected over and over again. The Sechelt, have rejected over and over again. The Sechelt, Alberta Metis Settlements, and Nunavut Alberta Metis Settlements, and Nunavut templates are mere repackaging of this “empty templates are mere repackaging of this “empty medicine chest” approach.medicine chest” approach.

This approach is in contrast to the First Nations This approach is in contrast to the First Nations “full medicine chest” template of “Aboriginal “full medicine chest” template of “Aboriginal governance which seeks for governance which seeks for sovereign sovereign independent Aboriginal nation- states” (Frideres independent Aboriginal nation- states” (Frideres and Gadacz 2001: 251). and Gadacz 2001: 251).

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The main controversy over Indigenous The main controversy over Indigenous governance in Canada has been the conflict governance in Canada has been the conflict between Canadian government’s agenda of between Canadian government’s agenda of neo-colonization (“Empty, Half-Full or Full neo-colonization (“Empty, Half-Full or Full White Medicine Chest) and Indigenous White Medicine Chest) and Indigenous stance on de-colonization (“Indigenous stance on de-colonization (“Indigenous Holistic Medicine”). Holistic Medicine”).

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MAJOR CONCEPTSMAJOR CONCEPTS

Power and AuthorityPower and Authority EmpowermentEmpowerment SovereigntySovereignty GovernanceGovernance Self-governmentSelf-government Colonialism, Neo-colonialism, and De-Colonialism, Neo-colonialism, and De-

colonizationcolonization Aboriginal TitleAboriginal Title

MODELS OF GOVERNANCEMODELS OF GOVERNANCE

1. Power Model1. Power Model2. Empowerment Model2. Empowerment Model3. Combinations3. Combinations

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AUTHORITY: Legitimate Power:

Complianceto command because it isperceived as legitimate:

1. Tradition2. Legal-Rational

3. Charisma

GOVERNANCE: Distribution and Exercise of

Power: Sovereignty vs Delegation.

POWER:Ability to compel compliance

DOMINATION: Illegitimate Power: Power relations in which regular pattern of inequality is established, whereby the subordinate accepts thatposition, obeying thecommands of the dominant mainly because of fear of violence/suffering

WESTERN MODEL OF GOVERNANCE: POWER MODEL

FORCE

SOVEREIGNTY

Culture and Visual Forms of Power: Experiencing Contemporary Spaces of Resistance

Lidai K.C. Monzo (2015)

Today, culture can be seen as a specific field in which “power” is exercised. In particular, questions about the nature of power are addressed. The editors suggest two points in the discussion: how is reality constructed, and how is it connected with power? What is the real space for subject freedom? Foucault’s idea of “power” is that it is not a thing, but a relation. Power is not merely repressive (like the use of violent control mechanisms in the pre-modern era), but it is productive as well as an everyday disciplinary practice (commongroundpublishing.com)

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INDIGENOUS MODEL OF INDIGENOUS MODEL OF GOVERNANCEGOVERNANCE

EMPOWERMENT MODEL:EMPOWERMENT MODEL:–Consensus GovernanceConsensus Governance

Structure of government may be Structure of government may be hierarchical/centralized, hierarchical/centralized, acephalous, or segmented while acephalous, or segmented while the dynamics of governance is the dynamics of governance is egalitarian.egalitarian.

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EMPOWERMENTEMPOWERMENT

Empowerment is “the expansion of Empowerment is “the expansion of assets and capabilities of people to assets and capabilities of people to participate in, negotiate with, participate in, negotiate with, influence, control, and hold influence, control, and hold accountable institutions that affect accountable institutions that affect their lives” (World Bank, 2002).their lives” (World Bank, 2002).

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EMPOWERMENTEMPOWERMENT

““Empowered people have freedom of Empowered people have freedom of choice and action. This in turn enables them choice and action. This in turn enables them to better influence the course of their lives to better influence the course of their lives and the decisions which affect them”(World and the decisions which affect them”(World Bank 2002).Bank 2002).

Reference: Reference: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTEMPOhttp://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTEMPOWERMENT/WERMENT/0,,contentMDK:20244572~pagePK:210058~piPK:210062~theSitePK:486411,00.html0,,contentMDK:20244572~pagePK:210058~piPK:210062~theSitePK:486411,00.html

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THE NISGA’A GOVERNANCE THE NISGA’A GOVERNANCE MODEL: MODEL: Power or Empowerment?Power or Empowerment?

Power Governance vs. Empowered and Empowering Power Governance vs. Empowered and Empowering Governance:Governance:

Over one hundred years of rejection, in 1999 the Over one hundred years of rejection, in 1999 the Nisga’a signed a treaty that gives them self-Nisga’a signed a treaty that gives them self-government powers akin to municipal government powers akin to municipal government, land, resource rights and cash. government, land, resource rights and cash. Under the treaty, they will once again govern Under the treaty, they will once again govern themselves by their own institutions within the themselves by their own institutions within the context of Canadian law…The Nisga’a will be context of Canadian law…The Nisga’a will be allowed once again to follow their allowed once again to follow their ayuukhayuukh, their , their code of law under their own government and code of law under their own government and self-determination (Steritt 1998-99: 73).self-determination (Steritt 1998-99: 73).

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““EMPTY VERSUS FULL EMPTY VERSUS FULL MEDICINE CHEST”MEDICINE CHEST”

The Nisga’s self-government template is the latest The Nisga’s self-government template is the latest among a series of templates the Canadian government among a series of templates the Canadian government has offered/proposed to Indigenous peoples of Canada.has offered/proposed to Indigenous peoples of Canada.

The templates the government offers represent the The templates the government offers represent the “empty medicine chest” approach to Indigenous “empty medicine chest” approach to Indigenous governance that the First Nations have rejected over governance that the First Nations have rejected over and over again. The Sechelt, Alberta Metis Settlements, and over again. The Sechelt, Alberta Metis Settlements, and Nunavut templates are mere repackaging of this and Nunavut templates are mere repackaging of this “empty medicine chest” approach.“empty medicine chest” approach.

This approach is in contrast to the First Nations “full This approach is in contrast to the First Nations “full medicine chest” template of “Aboriginal governance medicine chest” template of “Aboriginal governance which seeks for which seeks for sovereign independent Aboriginal sovereign independent Aboriginal nation states” (Frideres and Gadacz 2001: 251). nation states” (Frideres and Gadacz 2001: 251).

FRANK CALDER’S REMARKS after FRANK CALDER’S REMARKS after Parliament passed the Nisga’a Treaty Parliament passed the Nisga’a Treaty

We are now liberated, that is what is We are now liberated, that is what is going on here… Now we’re free to going on here… Now we’re free to exercise what we wanted to do, instead of exercise what we wanted to do, instead of remaining under the confinement of the remaining under the confinement of the reservation. The reservation, and to get reservation. The reservation, and to get out of it, that’s the main theme of what out of it, that’s the main theme of what we’re doing (Matas 1999). we’re doing (Matas 1999).

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THE REAL MEANING OF THE “EMPTY THE REAL MEANING OF THE “EMPTY VERSUS FULL MEDICINE CHEST” VERSUS FULL MEDICINE CHEST”

CONTROVERSYCONTROVERSY

Neo-colonization Versus Neo-colonization Versus DecolonizationDecolonization

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NEO-COLONIZATION AGENDA NEO-COLONIZATION AGENDA OF INDIGENOUS GOVERNANCEOF INDIGENOUS GOVERNANCE

THE LOGIC:THE LOGIC: By colonizing Indigenous people, EuroCanadians By colonizing Indigenous people, EuroCanadians

have had full access to material resources of Canada. have had full access to material resources of Canada. To maintain this access colonization must continue. To maintain this access colonization must continue. However, in the face of increased sophistication of However, in the face of increased sophistication of Indigenous resistance and conventions of Indigenous resistance and conventions of international human rights, it is suicidal to pursue international human rights, it is suicidal to pursue classic/blatant colonialism. Hence Canadian classic/blatant colonialism. Hence Canadian government’s proposals of Indigenous governance government’s proposals of Indigenous governance templates since the 1970s that have the guise of self-templates since the 1970s that have the guise of self-government but maintain the core of colonialism. government but maintain the core of colonialism. This is neo-colonialism. This is neo-colonialism.

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THE EVIDENCE:THE EVIDENCE: 1. Interpretations of Indigenous Governance:1. Interpretations of Indigenous Governance: a) According to the Canadian government, a) According to the Canadian government,

“Indians, Inuit, and Metis were never nations in “Indians, Inuit, and Metis were never nations in the legal sense and are not now to be treated as the legal sense and are not now to be treated as such” (: 236). such” (: 236). Treaties signed with Aboriginals are Treaties signed with Aboriginals are not equal to that signed between other sovereign not equal to that signed between other sovereign international peoples or nations. Indigenous international peoples or nations. Indigenous people cannot therefore be accorded with full people cannot therefore be accorded with full political autonomy.political autonomy.

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b) Indigenous claim to sovereignty is false: Any sovereignty b) Indigenous claim to sovereignty is false: Any sovereignty that existed in Canada was vested in the Crown. that existed in Canada was vested in the Crown.

According to the government, the following charters, According to the government, the following charters, treaties and acts phased out any Indigenous sovereignty in treaties and acts phased out any Indigenous sovereignty in Canada (Frideres and Gadacz 2001)Canada (Frideres and Gadacz 2001)::– Royal Charters including the Hudson Bay Company Charter of Royal Charters including the Hudson Bay Company Charter of

1670.1670.– Treaty of Utrecht: 1713.Treaty of Utrecht: 1713.– Various treaties in 1725 between Indians and the British.Various treaties in 1725 between Indians and the British.– The Royal Proclamation of 1763.The Royal Proclamation of 1763.– The Constitution Act 1867 (BNA Act).The Constitution Act 1867 (BNA Act).– Rupert’s Land Transfer Act.Rupert’s Land Transfer Act.– The Indian Act of 1876.The Indian Act of 1876.– The Constitution Act of 1982. The Constitution Act of 1982.

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2. Government’s unilateral introduction of 2. Government’s unilateral introduction of rehashed versions of the 1876 Indian Act’s rehashed versions of the 1876 Indian Act’s band Aboriginal self-government policy. band Aboriginal self-government policy. This policy has been This policy has been delegation of power to delegation of power to Aboriginals not recognition of Aboriginal Aboriginals not recognition of Aboriginal sovereignty.sovereignty. The latest is the First Nations The latest is the First Nations Governance Act (FNGA) 2003. Governance Act (FNGA) 2003.

This conclusion is borne out by a content This conclusion is borne out by a content analysis of the following positions of the analysis of the following positions of the Canadian government on Aboriginal self-Canadian government on Aboriginal self-government:government:

NEO-COLONIZATION AGENDA OF NEO-COLONIZATION AGENDA OF INDIGENOUS GOVERNANCEINDIGENOUS GOVERNANCE

A). The extent and division of powers A). The extent and division of powers between the federal and provincial between the federal and provincial government will not be changed through self-government will not be changed through self-government negotiations.government negotiations.

B). There will be an attempt to accommodate B). There will be an attempt to accommodate Indigenous governments within the existing Indigenous governments within the existing constitutional framework.constitutional framework.

C). The resultant self-government structures C). The resultant self-government structures must conform to the established principles, must conform to the established principles, jurisdictions, and institutions of Canadian jurisdictions, and institutions of Canadian jurisprudence. jurisprudence.

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This self-government policy was introduced in 1986 and This self-government policy was introduced in 1986 and the government began negotiating with specific the government began negotiating with specific Indigenous communities. Each band is given the Indigenous communities. Each band is given the opportunity to choose the form and structure of its self-opportunity to choose the form and structure of its self-government within government within the framework of the community-the framework of the community-based self-government template:based self-government template:– The Sechelt Indian Band Self-Government Act, 1986.The Sechelt Indian Band Self-Government Act, 1986.– Community-based self government, 1986.Community-based self government, 1986.– Municipal style government.Municipal style government.

This form of “Aboriginal self-government does not This form of “Aboriginal self-government does not include a right of sovereignty in the international law include a right of sovereignty in the international law sense, nor will it result in sovereign independent sense, nor will it result in sovereign independent Aboriginal nation states” (Frideres and Gadacz 2001: Aboriginal nation states” (Frideres and Gadacz 2001: 251). 251).

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The “hidden” agenda of the community-based The “hidden” agenda of the community-based self-government template:self-government template:

The structure of the new forms of self-The structure of the new forms of self-government would ensure that concern and government would ensure that concern and hostility would be deflected to local leadership, hostility would be deflected to local leadership, not Indian Affairs personnel. Finally, the not Indian Affairs personnel. Finally, the acceptance of the municipal style government by acceptance of the municipal style government by Indigenous people would lead to the acceptance Indigenous people would lead to the acceptance of the dominant society’s culture and values, thus of the dominant society’s culture and values, thus ensuring the further assimilation [sic] of ensuring the further assimilation [sic] of Indigenous persons (Frideres and Gadacz 2001: Indigenous persons (Frideres and Gadacz 2001: 256). 256).

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Indigenous peoples’ responses to the community-Indigenous peoples’ responses to the community-based self-government template:based self-government template:

1. Non-Status Indians, Inuit, Metis, and some First 1. Non-Status Indians, Inuit, Metis, and some First Nations communities have bought into the Nations communities have bought into the Canadian state’s neocolonial template of Indigenous Canadian state’s neocolonial template of Indigenous governance for pragmatic reasons.governance for pragmatic reasons.

2. Sechelt and a few other First Nations 2. Sechelt and a few other First Nations communities have accepted municipal type communities have accepted municipal type governance template.governance template.

3. Nunavut preferred provincial-type governance 3. Nunavut preferred provincial-type governance but settled for a municipal-type government but settled for a municipal-type government (Steckley and Cummins, 2008, p. 253).(Steckley and Cummins, 2008, p. 253).

NEO-COLONIZATION AGENDA OF NEO-COLONIZATION AGENDA OF INDIGENOUS GOVERNANCEINDIGENOUS GOVERNANCE

4. Non-status Indians and Metis “have 4. Non-status Indians and Metis “have publicly accepted the fact that any publicly accepted the fact that any government for them will have to be government for them will have to be delegated by either the provincial or the delegated by either the provincial or the federal government” (Frideres and Gadacz federal government” (Frideres and Gadacz 2001: 245) .2001: 245) .

5. Metis Settlement Governance Model of 5. Metis Settlement Governance Model of Alberta is an old [internal colonial] structure Alberta is an old [internal colonial] structure infused with contemporary management infused with contemporary management notions and practices (Wall, 2000). notions and practices (Wall, 2000).

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DECOLONIZATION AGENDA OF DECOLONIZATION AGENDA OF INDIGENOUS GOVERNANCEINDIGENOUS GOVERNANCE

In contrast to the neocolonial governance In contrast to the neocolonial governance template offered by the government, most template offered by the government, most First Nations “have insisted that their First Nations “have insisted that their inherent sovereignty defines and formalizes inherent sovereignty defines and formalizes them as a fourth level of government” in them as a fourth level of government” in Canada (Frideres and Gadacz 2001: 245).Canada (Frideres and Gadacz 2001: 245).

For some First Nations “a fourth level of For some First Nations “a fourth level of government” means “internal sovereignty”, government” means “internal sovereignty”, while for others it means “full while for others it means “full independence.” independence.”


Internal SovereigntyInternal Sovereignty: This is partial : This is partial sovereignty; the freedom to regulate sovereignty; the freedom to regulate certain of their own affairs without certain of their own affairs without interference from outside (Kulchynski interference from outside (Kulchynski 1994). 1994).

Full IndependenceFull Independence: This is full sovereignty; a : This is full sovereignty; a complete control over their own affairs; does not complete control over their own affairs; does not receive its “enabling organizational act” from receive its “enabling organizational act” from neither the federal or the provincial neither the federal or the provincial government; similar to pre-contact traditional government; similar to pre-contact traditional Aboriginal governance.Aboriginal governance.

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The Aboriginal decolonization agenda of The Aboriginal decolonization agenda of governance demands self-government governance demands self-government derived from “derived from “Aboriginal titleAboriginal title and not from and not from Parliament” (Tennant 1984). This demand Parliament” (Tennant 1984). This demand is premised on the fact that Aboriginal is premised on the fact that Aboriginal societies originally had a system of self-societies originally had a system of self-government that was in complete control government that was in complete control over their internal and external relations over their internal and external relations (Boldt et al 1985). (Boldt et al 1985).

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DECOLONIZATION AGENDA OF DECOLONIZATION AGENDA OF ABORIGINAL GOVERNANCEABORIGINAL GOVERNANCE

First Nations leaders cite the following as a proof of First Nations leaders cite the following as a proof of pre-existing Aboriginal sovereignty: These charters, pre-existing Aboriginal sovereignty: These charters, treaties, and legislation recognized that “Indians treaties, and legislation recognized that “Indians existed as nations” (Frideres and Gadacz 2001: 236-7).existed as nations” (Frideres and Gadacz 2001: 236-7).– Royal Charters including the Hudson Bay Company Charter of Royal Charters including the Hudson Bay Company Charter of

1670.1670.– Treaty of Utrecht: 1713.Treaty of Utrecht: 1713.– Various treaties in 1725 between Indians and the British.Various treaties in 1725 between Indians and the British.– The Royal Proclamation of 1763.The Royal Proclamation of 1763.– The Constitution Act 1867 (BNA Act).The Constitution Act 1867 (BNA Act).– Rupert’s Land Transfer Act.Rupert’s Land Transfer Act.– The Indian Act.The Indian Act.– The Constitution Act of 1982. The Constitution Act of 1982.

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Based upon these evidences, the Supreme Court Based upon these evidences, the Supreme Court has supported Aboriginal sovereignty. For has supported Aboriginal sovereignty. For example, example,

In the In the DelgamuukwDelgamuukw case, the Chief Justice noted case, the Chief Justice noted that the Crown is under a moral, if not a legal duty that the Crown is under a moral, if not a legal duty to enter negotiations with Aboriginal people in to enter negotiations with Aboriginal people in good faith with the objective to achieve good faith with the objective to achieve reconciliation of the pre-existence of Aboriginal reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown societies with the sovereignty of the Crown (Laselva 1998-99). (Laselva 1998-99).

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The evidences shown above seem to suggest that Aboriginals The evidences shown above seem to suggest that Aboriginals have pre-existing sovereignty. have pre-existing sovereignty.

However, the Crown has presented the following arguments However, the Crown has presented the following arguments purported to refute these claims of sovereignty (Frideres and purported to refute these claims of sovereignty (Frideres and Gadacz 2001: 238):Gadacz 2001: 238):

1. 1. The continuity doctrineThe continuity doctrine: in the case of conquest or cessation : in the case of conquest or cessation the sovereignty of a “civilized” original people continues until the sovereignty of a “civilized” original people continues until they change it through their own act of parliament. they change it through their own act of parliament.

2. 2. The The Royal ProclamationRoyal Proclamation states that the British became the states that the British became the sovereign after the proclamation.sovereign after the proclamation.

3. 3. Canadian courtsCanadian courts have concluded that European treaties have concluded that European treaties with the Aboriginals were not international treaties. Moreover, with the Aboriginals were not international treaties. Moreover, no continuing right to self-government is mentioned in any of no continuing right to self-government is mentioned in any of the treaties.the treaties.

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Given the arguments of the federal Given the arguments of the federal government and the judicial system’s lack government and the judicial system’s lack of power to enforce its decisions, Frideres of power to enforce its decisions, Frideres and Gadacz (2001: 238) may be right when and Gadacz (2001: 238) may be right when they conclude that:they conclude that:

““It is unlikely that the courts or the It is unlikely that the courts or the government will ever find Aboriginal government will ever find Aboriginal peoples to have sovereignty.” peoples to have sovereignty.”

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SOURCES OF AND SOLUTIONS TO SOURCES OF AND SOLUTIONS TO INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY ““Aboriginal people still argue that they have Aboriginal people still argue that they have

sovereignty; the government says they don’t.” sovereignty; the government says they don’t.” ((Frideres and Gadacz (2001: 238)Frideres and Gadacz (2001: 238)

If the controversy is settled in favor of the If the controversy is settled in favor of the Indigenous peoples they would achieve self-Indigenous peoples they would achieve self-government beyond the municipal-government government beyond the municipal-government style that the Canadian government has style that the Canadian government has offered. offered.

On the other hand, if it is settled in favor of the On the other hand, if it is settled in favor of the government, as the case is now, Indigenous government, as the case is now, Indigenous peoples have to settle for limited control type of peoples have to settle for limited control type of self-governmentself-government..

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FOURTH LEVEL OF GOVERNMENT FOR FOURTH LEVEL OF GOVERNMENT FOR ABORIGINAL PEOPLEABORIGINAL PEOPLE

What is the feasibility of Indigenous peoples in What is the feasibility of Indigenous peoples in Canada realizing the “Fourth Level of Canada realizing the “Fourth Level of Government” vision? Government” vision?

Fourth level of government is full independenceFourth level of government is full independence Full IndependenceFull Independence: a complete control over : a complete control over

their own affairs; does not receive its “enabling their own affairs; does not receive its “enabling organizational act” from neither the federal or organizational act” from neither the federal or the provincial government; similar to pre-the provincial government; similar to pre-contact traditional Indigenous governance.contact traditional Indigenous governance.

What are the positions of the sociological What are the positions of the sociological paradigms on this controversy?paradigms on this controversy?

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FUNCTIONALIST POSITION ON FUNCTIONALIST POSITION ON INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Dysfunctional Aboriginal Political Culture:Cause: Dysfunctional Aboriginal Political Culture: The controversy is the result of the dysfunctional Aboriginal The controversy is the result of the dysfunctional Aboriginal

political culture in contemporary Canada. Demand for Aboriginal political culture in contemporary Canada. Demand for Aboriginal sovereignty is unreasonable given that it would cause so many sovereignty is unreasonable given that it would cause so many problems (dysfunctions) that would disrupt the balance problems (dysfunctions) that would disrupt the balance (homeostasis) of Canadian social structure:(homeostasis) of Canadian social structure:

FUNCTIONALIST POSITION ON INDIGENOUS FUNCTIONALIST POSITION ON INDIGENOUS GOVERNANCE CONTROVERSYGOVERNANCE CONTROVERSY

Dysfunctions of Aboriginal sovereigntyDysfunctions of Aboriginal sovereignty:: – From a practical point of view it would be From a practical point of view it would be

unwieldy to operate over 500 governments in unwieldy to operate over 500 governments in Canada; the economic implications of such an Canada; the economic implications of such an arrangement would be staggering (Mickingberg arrangement would be staggering (Mickingberg 1971).1971).

– Politically speaking, a fourth level Aboriginal self-Politically speaking, a fourth level Aboriginal self-government will not be a palatable solution to most government will not be a palatable solution to most Canadians (Frideres and Gadacz 2001).Canadians (Frideres and Gadacz 2001).

– Pragmatically, it would require a substantial Pragmatically, it would require a substantial overhaul of Canadian democratic system (Jhappan overhaul of Canadian democratic system (Jhappan 1990). 1990).

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FUNCTIONALIST POSITION ON FUNCTIONALIST POSITION ON INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Solution: AssimilationSolution: Assimilation

– The limited control or municipal type self-The limited control or municipal type self-government currently being offered is the government currently being offered is the solution because it would facilitate the solution because it would facilitate the assimilation of Aboriginal political culture assimilation of Aboriginal political culture into Canadian governmental system without into Canadian governmental system without much disruptions in Canadian society.much disruptions in Canadian society.

Many Aboriginal communities have bought Many Aboriginal communities have bought into that template already.into that template already.

What is the main flaw of this position?What is the main flaw of this position?

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SOCIAL CONFLICT POSITION ON SOCIAL CONFLICT POSITION ON INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Competition over Resources:Cause: Competition over Resources: Industrial capitalist economic processes Industrial capitalist economic processes

require that internal colonialism is require that internal colonialism is entrenched over Indigenous peoples to give entrenched over Indigenous peoples to give a competitive advantage to EuroCanadian a competitive advantage to EuroCanadian capitalists. Indigenous peoples’ resistance capitalists. Indigenous peoples’ resistance aimed at achieving a fourth level of aimed at achieving a fourth level of government is a logical response to this government is a logical response to this disguised class inequality.disguised class inequality.

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SOCIAL CONFLICT POSITION ON SOCIAL CONFLICT POSITION ON INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Solution: Proletariat RevolutionSolution: Proletariat Revolution

– It is only when Indigenous join the proletariats It is only when Indigenous join the proletariats of all other racial groups in Canada to use of all other racial groups in Canada to use militant means to overthrow capitalism that true militant means to overthrow capitalism that true Aboriginal sovereignty would be re-established.Aboriginal sovereignty would be re-established.

What is the main flaw in this position? What is the main flaw in this position?

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FEMINIST POSITION ON INDIGENOUS FEMINIST POSITION ON INDIGENOUS GOVERNANCE CONTROVERSYGOVERNANCE CONTROVERSY

Cause: Feminization of Aboriginality: Western Cause: Feminization of Aboriginality: Western PatriarchyPatriarchy

The feminist paradigm postulates that controversy over The feminist paradigm postulates that controversy over Indigenous governance is caused by feminization of Indigenous governance is caused by feminization of Aboriginality: the ideology that Indigenous peoples are not Aboriginality: the ideology that Indigenous peoples are not human enough or sufficiently “developed” to make major human enough or sufficiently “developed” to make major political decisions to effectively manage a fourth level political decisions to effectively manage a fourth level government.government.

Solution: Elimination of Western PatriarchySolution: Elimination of Western Patriarchy Indigenous self-government would occur beyond the municipal Indigenous self-government would occur beyond the municipal

type government only when western patriarchy is no more. type government only when western patriarchy is no more. Indigenous peoples should therefore join the feminist movement Indigenous peoples should therefore join the feminist movement to eliminate western patriarchy.to eliminate western patriarchy.


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INTERACTIONIST POSITION ON THE INTERACTIONIST POSITION ON THE INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Differential Definition of good governance:Cause: Differential Definition of good governance: The Western definition of governance in terms that The Western definition of governance in terms that

favor individualism and hierarchically organized and favor individualism and hierarchically organized and impersonal politics is antithetical to Indigenous impersonal politics is antithetical to Indigenous traditional definition of governance. For the western traditional definition of governance. For the western political mind a fourth level of government in Canada political mind a fourth level of government in Canada symbolizes chaos, but for the Indigenous political mind symbolizes chaos, but for the Indigenous political mind this form of governance is a symbol of equality in this form of governance is a symbol of equality in sharing power—empowerment--the most viable way to sharing power—empowerment--the most viable way to organize politics. organize politics.

The interaction between these definitions generates The interaction between these definitions generates changing perceptions of governance, thus constantly changing perceptions of governance, thus constantly changing the emphasis of the Indigenous governance changing the emphasis of the Indigenous governance controversy. controversy.

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INTERACTIONIST POSITION ON THE INTERACTIONIST POSITION ON THE ABORIGINAL GOVERNANCE ABORIGINAL GOVERNANCE

CONTROVERSYCONTROVERSY Solution: Solution: Continuous re-definition and Continuous re-definition and

negotiation: negotiation: The controversy demands continuous negotiations The controversy demands continuous negotiations

between the government and Indigenous political between the government and Indigenous political leaders as action units or human agents. There leaders as action units or human agents. There won’t be a time when the controversy is won’t be a time when the controversy is completely resolved; it will keep on shifting with completely resolved; it will keep on shifting with shifting definitions/symbols of self-government.shifting definitions/symbols of self-government.


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POSTMODERNIST POSITION ON THE POSTMODERNIST POSITION ON THE INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Homogenization of governance:Cause: Homogenization of governance: Globalization-induced homogenizing influence of Globalization-induced homogenizing influence of

Western political culture on traditional Indigenous Western political culture on traditional Indigenous governance is the main source of the controversygovernance is the main source of the controversy

Solution: Solution: Multiculturalization of politics:Multiculturalization of politics: Extend egalitarian pluralism or multicultural policy Extend egalitarian pluralism or multicultural policy

to political culture of Canada. Such a policy would to political culture of Canada. Such a policy would compel the mainstream to respect and facilitate the compel the mainstream to respect and facilitate the reinvention of traditional Indigenous governance—reinvention of traditional Indigenous governance—the empowerment model.the empowerment model.

What is the main flaw in the position? What is the main flaw in the position?

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POSTSTRUCTURALIST POSITION ON POSTSTRUCTURALIST POSITION ON THE INDIGENOUS GOVERNANCE THE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Structured intersectional power inequality Cause: Structured intersectional power inequality

in the Canadian State system: in the Canadian State system: The controversy is a reflection of the power base The controversy is a reflection of the power base

of the Canadian state structure which is white, of the Canadian state structure which is white, male, middle/upper class, able-bodied dominated. male, middle/upper class, able-bodied dominated.

Groups such as Indigenous people who are outside Groups such as Indigenous people who are outside this structural intersection are excluded from the this structural intersection are excluded from the center of power, that is, federal and provincial center of power, that is, federal and provincial governments and pushed to the margins of governments and pushed to the margins of political power structure—municipal government.political power structure—municipal government.

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POSTSTRUCTURALIST POSITION ON POSTSTRUCTURALIST POSITION ON THE INDIGENOUS GOVERNANCE THE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Solution: Solution: Elimination of the Centralized State Elimination of the Centralized State

Structure:Structure: Indigenous should join forces with other Indigenous should join forces with other

racial/ethnic minorities, women, the lower/under racial/ethnic minorities, women, the lower/under class, and other disenfranchized Canadians to class, and other disenfranchized Canadians to organize politically to eliminate the Canadian state organize politically to eliminate the Canadian state structure and redistribute power equally (Bannerji structure and redistribute power equally (Bannerji 2000). 2000). – ““Change takes power, power takes organization, and Change takes power, power takes organization, and

organization takes unity” (Taiaike Alfred 2002: 3)organization takes unity” (Taiaike Alfred 2002: 3) What is the main flaw in this position? What is the main flaw in this position?

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POSTCOLONIALIST POSITION ON POSTCOLONIALIST POSITION ON THE INDIGENOUS GOVERNANCE THE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY Cause: Colonial Cultural Mentality (Franz Fanon):Cause: Colonial Cultural Mentality (Franz Fanon): Cultural domination of Indigenous peoples has caused Cultural domination of Indigenous peoples has caused

them to buy into Western imperialist notions of them to buy into Western imperialist notions of governance – Power Model.governance – Power Model.

Solution: De-colonization of the colonial mind-setSolution: De-colonization of the colonial mind-set Unless Indigenous peoples are liberated from this Unless Indigenous peoples are liberated from this

colonial mentality, true self-government will elude colonial mentality, true self-government will elude them like the case of African, Latin American and them like the case of African, Latin American and Asian countries which are “politically independent” but Asian countries which are “politically independent” but are still operating western imperialist governance are still operating western imperialist governance systems that continue to oppress them. systems that continue to oppress them.

What is the main flaw in this position?What is the main flaw in this position?

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ABORIGINAL POSITION ON THE ABORIGINAL POSITION ON THE INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY

There has never been a single There has never been a single position among Indigenous position among Indigenous groups as to what self-groups as to what self-government means or how it is government means or how it is to be implemented (Cardinal to be implemented (Cardinal 1986). 1986).

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ABORIGINAL POSITION ON THE ABORIGINAL POSITION ON THE INDIGENOUS GOVERNANCE INDIGENOUS GOVERNANCE

CONTROVERSYCONTROVERSY As stated earlier, there has been a continuum of As stated earlier, there has been a continuum of

Aboriginal positions on the Indigenous governance Aboriginal positions on the Indigenous governance controversy: controversy:

At the lower extreme are some status Indians who accept the Indian At the lower extreme are some status Indians who accept the Indian Act type Band Council system and at the upper extreme are the First Act type Band Council system and at the upper extreme are the First Nations that seek a fourth level/order of government with powers Nations that seek a fourth level/order of government with powers similar to those of the federal and provincial governments (Frideres similar to those of the federal and provincial governments (Frideres and Gadacz 2001). and Gadacz 2001).

In between these two extremes are Indigenous groups In between these two extremes are Indigenous groups who settle for municipal type (Sechelt, Nisga’a and who settle for municipal type (Sechelt, Nisga’a and Alberta Metis Settlements) and enlarged municipal type Alberta Metis Settlements) and enlarged municipal type (Nunavut) of self-government(Nunavut) of self-government (Steckley and Cummins (Steckley and Cummins 2001).2001).

What is the main flaw in this position?What is the main flaw in this position?

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CONCLUSION: EMPOWERING CONCLUSION: EMPOWERING GOVERNANCE OR TYPES OF SELF-GOVERNANCE OR TYPES OF SELF-

GOVERNMENT?GOVERNMENT? There cannot be good governance in a nation or There cannot be good governance in a nation or

group without the power of self-government. group without the power of self-government. However, Good governance is not necessarily However, Good governance is not necessarily

produced by systems of self-government. Many produced by systems of self-government. Many countries, nations and groups with powers of countries, nations and groups with powers of federal, provincial/state/regional, municipal/local federal, provincial/state/regional, municipal/local governments in a capitalist or socialist political governments in a capitalist or socialist political system have failed to achieve empowering system have failed to achieve empowering governance that enhances the lives of their citizens governance that enhances the lives of their citizens because of human factor decay/deficiency (Adu-because of human factor decay/deficiency (Adu-Febiri 1998). Febiri 1998).

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CONCLUSION: EMPOWERING CONCLUSION: EMPOWERING GOVERNANCE OR TYPE OF SELF-GOVERNANCE OR TYPE OF SELF-

GOVERNMENT?GOVERNMENT? In this regard, the type of self-government the In this regard, the type of self-government the

Canadian government offers Indigenous peoples Canadian government offers Indigenous peoples does not matter as much as the state/level of does not matter as much as the state/level of Indigenous peoples human factor competency. Indigenous peoples human factor competency.

In effect, it is the development of Indigenous In effect, it is the development of Indigenous human factor competency rather than the type of human factor competency rather than the type of self-government that would guarantee effective, self-government that would guarantee effective, liberating Indigenous governance.liberating Indigenous governance.


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REFERENCESREFERENCES

Adu-Febiri, Francis. 1998. “The Failure of Socialist Adu-Febiri, Francis. 1998. “The Failure of Socialist Experiments in Africa: Misconceptions, Myths and Experiments in Africa: Misconceptions, Myths and Realities.” In Senyo Adjibolosoo and Benjamin Ofori-Realities.” In Senyo Adjibolosoo and Benjamin Ofori-Amoah (eds.). Amoah (eds.). Addressing Misconceptions About Africa’s Addressing Misconceptions About Africa’s DevelopmentDevelopment. Lewiston: The Edwin Mellen Press.. Lewiston: The Edwin Mellen Press.

Alfred, Taiaike. 2002. “The Great Law of Change.” The Alfred, Taiaike. 2002. “The Great Law of Change.” The Eastern Door.Eastern Door.

Boldt, M., J.A. Long and L. Little Bear (eds.). 1985. Boldt, M., J.A. Long and L. Little Bear (eds.). 1985. The The Quest for JusticeQuest for Justice. Toronto: University of Toronto Press.. Toronto: University of Toronto Press.

Cardinal, H. 1986. “Constitutional Change and the Cardinal, H. 1986. “Constitutional Change and the Treaty 8 Renovation.” In Treaty 8 Renovation.” In Indian-Provincial RelationsIndian-Provincial Relations. M. . M. Boldt, J.A. Long and L. Little Bear (eds.). Lethbridge: Boldt, J.A. Long and L. Little Bear (eds.). Lethbridge: The University of Lethbridge.The University of Lethbridge.

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Fanon, Franz. 1952. Fanon, Franz. 1952. Black Skin, White MasksBlack Skin, White Masks. New . New York: Grove Press. York: Grove Press.

Frideres, James S. and Rene R. Gadacz. 2001. Frideres, James S. and Rene R. Gadacz. 2001. Aboriginal Peoples in Canada: Contemporary ConflictsAboriginal Peoples in Canada: Contemporary Conflicts. . Sixth Edition. Chapter 9. Toronto: Prentice Hall.Sixth Edition. Chapter 9. Toronto: Prentice Hall.

Kulchynski, P. (ed.). 1994. Kulchynski, P. (ed.). 1994. Unjust Relations: Aboriginal Unjust Relations: Aboriginal Rights in Canadian CourtsRights in Canadian Courts. Toronto: Oxford University . Toronto: Oxford University Press. Press.

Laselva, S. 1998-99. “Aboriginal Self-Government and Laselva, S. 1998-99. “Aboriginal Self-Government and the Foundation of Canadian Nationhood.” the Foundation of Canadian Nationhood.” B.C. StudiesB.C. Studies, , 120: 41-55.120: 41-55.

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Said, Edward. 1978. Orientalism.Said, Edward. 1978. Orientalism. Steckley, John L. and Bryan D. Cummins. 2001. Steckley, John L. and Bryan D. Cummins. 2001. Full Full

Circle: Canada’s First NationsCircle: Canada’s First Nations. Chapter 24. Toronto: . Chapter 24. Toronto: Prentice Hall.Prentice Hall.

Sreritt, N. 1998-99. “The Nisga’a Treaty: Competing Sreritt, N. 1998-99. “The Nisga’a Treaty: Competing Claims Ignored!” Claims Ignored!” B.C. StudiesB.C. Studies, 120: 73-98). , 120: 73-98).

Wall, Denis. 2000. “Aboriginal Self-Government Wall, Denis. 2000. “Aboriginal Self-Government in Canada: The Cases of Nunavut and the Alberta in Canada: The Cases of Nunavut and the Alberta Metis Settlements. In David Long and Olive Metis Settlements. In David Long and Olive Patricia Dickason (eds.). Patricia Dickason (eds.). Visions of the Heart: Visions of the Heart: Canadian Aboriginal IssuesCanadian Aboriginal Issues. Toronto: Harcourt . Toronto: Harcourt Canada.Canada.

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