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42-485: An Indian band , usually consisting of one main community, is the fundamental unit of government for First Nations in Canada. Bands may unite to form a tribal council, but they need not do so. Bands that do not belong to a tribal council are said to be independent . Bands may and do withdraw from tribal councils. Furthermore, the authority that bands delegate to their tribal council varies, with some tribal councils serving as

84-674: A hereditary chief . As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are members of a band. Bands can be united into larger regional groupings called tribal councils . A treaty council, or treaty association, has additional meaning and historically in most provinces represents signatory bands of treaty areas. British Columbia

126-582: A chief councillor: this individual is not necessarily a hereditary chief or leader, though some are. Although the current policy of the Crown–Indigenous Relations and Northern Affairs Canada (CIRNAC) is to treat band governments as largely autonomous, under the Indian Act band council resolutions have no effect unless endorsed by the Minister of Crown–Indigenous Relations . In addition to

168-572: A chiefs council may include bands that belong to one or more tribal councils and also individual bands that belong to none. For instance, the St'át'timc Chiefs Council serves as a common voice for all Stʼatʼimc and formally does not acknowledge Crown sovereignty. In other provinces, where treaties already exist, a treaty group or treaty association is composed of bands already signatory to existing treaties, such as Treaty 6 and Treaty 8 . There are also organized groups of Indian descent whose Indian status

210-652: A dozen bands. CSFS was originally a part of the Carrier Sekani Tribal Council but is now a separate organization. Its members include bands that are not members of CSTC. During treaty negotiations, such as those attempted by the BC provincial government in the form of the British Columbia Treaty Process , bands claims are coordinated and negotiated, if negotiated, by treaty councils. The composition of these may correspond to

252-661: A politically active group with no legally recognized band government in Canada. Some of their members have federally recognized Indian tribal status (in the US) and ongoing land claims in British Columbia . In addition to tribal councils and special-purpose service organizations, bands may form larger organizations. The largest is the Assembly of First Nations , which represents the chiefs of over 600 bands throughout Canada. There are also some regional organizations. The Chief of

294-531: A strong central government, other Fathers of Confederation, such as Oliver Mowat , were more inclined to broader provincial powers. Quebec has traditionally favoured stronger provincial powers. In the late 19th century and early 20th century, the Judicial Committee of the Privy Council issued a series of decisions which expanded provincial powers at the expense of federal powers. Section 91

336-453: A strong, central organization while others are granted limited power by their members. Nunavut and Newfoundland and Labrador do not have any tribal councils. As of 2019, Alberta has ten tribal councils: As of 2021, Manitoba has seven tribal councils: Manitoba Keewatinook Ininew Okimowin (MKO), though not a tribal council, represents citizens of 26 First Nations who are signatories to Treaties 4 , 5 , 6 , and 10 . As of 2019,

378-618: Is Inuit Tapiriit Kanatami . The self-governing territory of Nunavut is inhabited primarily by Inuit. The status of the Métis remains unresolved but has been the subject of negotiations in the early 21st century, which has resulted in the Métis Nation Framework Agreement between various Métis organizations and Canada. These have been negotiated as recently as 2019, for instance, by the Métis Nation of Ontario ,

420-512: Is an exception as treaties in most of the province have not been completed. There the treaty councils have been formed in order to negotiate future treaty claims. Another emerging type of organization in British Columbia is the chiefs' council, such as the St'át'timc Chiefs Council . These councils unite bands that are not included in tribal councils with those that are in tribal councils. Bands also typically belong to one or more kinds of provincial council or similar organization. They also belong to

462-636: Is not recognized by Canada. These are often the descendants of bands considered by Canada to have become extinct. Such groups have no official existence but may nonetheless have some degree of political organization. The Sinixt , who are now based mostly in Washington state as part of the Confederated Tribes of the Colville Reservation , but have a small group of representatives based at Vallican , BC, are an example. They are

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504-721: Is the basic unit of government for those peoples subject to the Indian Act (i.e. status Indians or First Nations ). Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council ( French : conseil de bande ) chaired by an elected chief, and sometimes also

546-649: The British North America Act, 1867 , the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada . It was the product of extensive negotiations by

588-688: The Chiefs of Ontario serve as the provincial-level organization; in Saskatchewan, the provincial-level grouping is the Federation of Sovereign Indigenous Nations . From a constitutional point of view, not all indigenous people are First Nations people. In addition to Indians, the Constitution (section 35.2) recognizes two other indigenous groups: the Inuit and the Métis . The national Inuit organization

630-533: The Constitution Act, 1867 . The dynamic tension between these two sets of legislative authority is generally known as the "division of powers" . The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867. The Constitution Act, 1867 is the constitutional statute which established Canada . Originally named

672-595: The Métis Nation—Saskatchewan , and the Métis Nation of Alberta . Section 91 of the Constitution Act, 1867 Section 91 of the Constitution Act, 1867 ( French : article 91 de la Loi constitutionnelle de 1867 ) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament . The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of

714-740: The Northwest Territories has five tribal councils: As of 2019, Atlantic Canada has a collective total of nine tribal councils, with Newfoundland and Labrador having no tribal councils at all. As of 2019, Ontario has sixteen tribal councils: As of 2019, Quebec has seven tribal councils (First Nations listed in English): As of 2019, Saskatchewan has nine tribal councils: As of 2019, Yukon has two tribal councils: Band government In Canada, an Indian band (French: bande indienne ), First Nation band (French: bande de la Première Nation ) or simply band ,

756-700: The Patriation of the Constitution, and was re-named the Constitution Act, 1867 . Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982 . Section 91 reads: Legislative Authority of Parliament of Canada 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for

798-679: The AFN is referred to as the National Chief . The AFN also has a Vice-Chief for each region. In British Columbia, the First Nations Summit represents 203 bands in the province that are engaged in treaty negotiations with Canada and British Columbia. An older organization, the Union of British Columbia Indian Chiefs , represents the bands that reject the current British Columbia Treaty Process . Some bands belong to both. In Ontario,

840-537: The Act was enacted in 1867, "The Public Debt and Property" was listed as section 91(1), and stayed in that position until 1949. In that year the British Parliament, on the request of the Canadian Senate and House of Commons , passed an amendment to the Act which re-numbered "The Public Debt and Property" as section 91(1A), and enacted a new version of section 91(1). That new provision authorised

882-743: The Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. Section 91 is found in Part VI of the Constitution Act, 1867 , dealing with the distribution of legislative powers between the federal and provincial governments. Section 91 has been amended three times since 1867. When

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924-641: The Inuit ( Reference Re Eskimos 1939) as well as to Métis and non-status Indians ( Daniels v. Canada 2013), but the relations of these groups with the federal government are not governed by the terms of the Indian Act . In Canada, the elected government of a First Nations band consists of a chief and councillors. Many bands, especially in British Columbia , control multiple Indian reserves , that is, multiple parcels of land. Although bands have considerable control over their reserve land, legally neither

966-567: The Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians, and Lands reserved for the Indians. 25. Naturalization and Aliens. 26. Marriage and Divorce. 27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including

1008-637: The Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,— 1. Repealed. 1A. The Public Debt and Property. 2. The Regulation of Trade and Commerce. 2A. Unemployment insurance. 3. The raising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service, and Defence. 8. The fixing of and providing for

1050-513: The Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes. of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of

1092-535: The Procedure in Criminal Matters. 28. The Establishment, Maintenance, and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within

1134-624: The Salaries and Allowances of Civil and other Officers of the Government of Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces. 14. Currency and Coinage. 15. Banking, Incorporation of Banks, and

1176-426: The administrative convenience of Canada, or by consensual alliances between such groups, some pre-dating the Indian Act . The functioning of a band is controlled by the Indian Act , the legislation that defines the position of status Indians . The band government is controlled by a chief councillor and council. The number of councillors is determined by the number of band members, with a minimum of two in addition to

1218-482: The band itself nor its members hold aboriginal land title . Rather, the land is held in trust for the band by the Crown . The term band is historically related to the anthropological term band society , but as a legal and administrative unit the band need not correspond to a band in this sense. Some bands draw their members from two or more ethnic groups due to the disruption of traditional ways by colonization and/or

1260-417: The band. Non-status Indians , Métis , and Inuit are not part of the system of band governments and reserves. This is one of the major differences between their legal and social situation in relation to the federal government and that of First Nations governed by band councils. The courts have ruled that constitutional reference to "Indians" ( section 91(24) of the Constitution Act, 1867 ) does apply to

1302-671: The chief and council system mandated by the Indian Act , some bands have a traditional system of government that retains considerable influence. In some cases the two systems have come to an accommodation, such as the Office of the Hereditary Chiefs of the Wet'suwet'en . In other cases the two are in conflict. Two or more bands may unite to form a tribal council . Tribal councils have no independent status; they draw their powers entirely from their member bands. What powers are delegated to

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1344-402: The chief councillor. The Indian Act specifies procedures for the election of the chief councillor and council. Some bands make use of a policy provision (called 'custom election', which allows them to exempt themselves from these requirements in order to follow traditional procedures for the choice of leaders. This is a matter of controversy. Proponents argue that it allows First Nations to adapt

1386-577: The corresponding list of provincial powers in section 92 , has been one of the most heavily litigated issues since Confederation in 1867. The relationship between the federal and provincial powers is generally referred to as the "division of powers", meaning federalism issues, not separation of powers . Both the federal powers and the provincial powers are stated to be exclusive, not concurrent. A subject matter which falls within federal jurisdiction therefore does not come within provincial jurisdiction, and vice versa . Canadian constitutional analysis uses

1428-418: The externally defined system to their traditions. Sometimes this means that 'hereditary' leaders become the chief councillor. Opponents argue that custom systems are frequently not traditional and that, traditional or not, they are unfair and undemocratic and have the effect of preserving the power of corrupt cliques. In many cases they exclude women and also exclude hereditary leaders. The term "Chief" refers to

1470-407: The federal Parliament to enact certain limited types of constitutional amendments, relating to the internal structure of the federal government. That version of s. 91(1) was repealed in 1982 on the enactment of the Constitution Act, 1982 , which contains a comprehensive amending formula. Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to

1512-639: The governments of the British North American provinces in the 1860s. The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces . Originally enacted in 1867 by the British Parliament under the name the British North America Act, 1867 , in 1982 the Act was brought under full Canadian control through

1554-567: The highest court for the British Empire , which had struck down an attempt by the federal government to pass unemployment insurance in response to the Great Depression . The Judicial Committee ruled that unemployment insurance was a matter of exclusive provincial jurisdiction. The new section 91(2A) instead assigned that jurisdiction to the federal Parliament. The interplay between the list of federal powers in section 91, and

1596-476: The internal structure of the federal government. Section 91 was also amended in 1940 by the addition of section 91(2A), "Unemployment insurance". That provision was added by the British Parliament on the request of the Senate and House of Commons, after unanimous agreement from the provincial governments. The amendment responded to the 1937 decision of the Judicial Committee of the Privy Council ,

1638-763: The local tribal council, such as the Ktunaxa Kinbasket Tribal Council vs the Ktunaxa Kinbasket Treaty Council. But in that particular case American tribal governments belong to the former tribal council but not to the treaty council. Others, such as the Maa-nulth Treaty Association or the Temexw Treaty Group , span different tribal councils and individual bands, covering more than one ethnic group. Another organization called

1680-533: The pan-Canadian Assembly of First Nations (formerly called the Native Indian Brotherhood), chaired by a leader elected by the bands, each chief having one vote, rather than at-large by individual band members. Bands are, to an extent, the governing body for their Indian reserves . Many First Nations also have large off-reserve populations whom the band government also represents; it may also deal with non-members who live on reserve or work for

1722-501: The term ultra vires as shorthand for a matter that is outside the jurisdiction of a government, and intra vires for a matter that is within the jurisdiction of a government. Related constitutional doctrines such as paramountcy and inter-jurisdictional immunity are also used to assess the constitutionality of a law under the division of powers. Although some of the Fathers of Confederation, such as John A. Macdonald , favoured

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1764-401: The tribal council and which services are provided centrally by the tribal council varies according to the wishes of the member bands. In addition to tribal councils, bands may create joint organizations for particular purposes, such as providing social services or health care. For example, in the central interior of British Columbia, Carrier Sekani Family Services provides social services for

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