The Inherent Right to Self-government
Historical Context: Before Europeans settled in Canada centuries ago, Aboriginal people
governed themselves in organized societies. Each nation of Aboriginal people had its own
territories and councils of chiefs. They were governed by oral constitutions. The ability to
recount laws, traditions and histories was important to keep the peace. As with any human
institutions, those of Aboriginal societies had evolved and changed over time, and would
have continued to do so given the opportunity.
In the early years of contact, Europeans recognized that Aboriginal societies truly were
independent nations. That recognition almost disappeared during the next two centuries,
and resurfaced only in the 1970s.
By the 1970s, Aboriginal activists had forced the federal government to consider the idea
of Aboriginal self-government. But the government viewed self-government as a gift to be
bestowed (meaning to give) by Canada on Aboriginal peoples. Aboriginal peoples rejected
that viewpoint, asserting that they had an inherent right to govern themselves. An
inherent right is a right that automatically belongs to people, rather than a gift that
people receive. Aboriginal people argued that their right to self-government existed
because their societies historically had been organized and self-ruling. Today, Aboriginal
leaders are insisting that the Canadian Constitution should be changed to include the
inherent right of Aboriginal peoples to govern themselves.
1. Question: Explain the term “inherent right to self-government.”
Making Self-government a Reality
Context: Self-government means that Aboriginal peoples would have/will control such
matters as social services, health care, education, resource development, culture, language
and justice. As well, First Nations bands will decide who can join the band and how band
government will be organized.
With the implementation of the Indian Act in the late 1800s, Aboriginal peoples across
the country lost their ability to govern themselves. Something that had been so intrinsic
(natural and important) and relevant to who they were and how they oversaw the needs of
their communities, was taken from them, and with it, their ability to respond to the
moment. Their independence and liberty to deal with what life throws in their direction
was lost. They were to become limited in ability and dependent on Ottawa for their
existence. Great concern was expressed over this.
In advocating Aboriginal self-government, many questions have been asked in trying to
decide what Aboriginal self-government may look like. What form will it take on?
Everything from a House of First Peoples (an Aboriginal parliament) to applying selfgovernment to the 60 to 80 historical Aboriginal nations in Canada, reflecting the
different traditions of separate nations.
Both Aboriginal people and non-Aboriginal people agree that any hope for change depends
on Aboriginal peoples gaining more control over their lives, specifically through selfgovernment.
2. Question: Why do so many Aboriginal peoples want self-government today? Provide
two explanations.
Concerns About Self-government
Concerns about self-government include: the power of chiefs and councils; the rights of
women; the situation of Aboriginal people not living on Aboriginal owned land; the situation
of non-Aboriginal people living on land that becomes part of an Aboriginal nation through
land claims settlements.
Conceived Concerns & Issues:
In many communities that are moving toward self-government, the chief and council have
total control of finances and administration. The challenge for communities will be to
create a government with checks and balances to guard against misuse of administration
powers.
Some Aboriginal women worry that, as citizens of Aboriginal nations, the Charter of Rights
and Freedoms will not protect them. The challenge will be to create systems that give
women a voice and protect them against abuse and discrimination.
Who will have jurisdiction (meaning responsibility) for Aboriginal peoples who do not live on
reserves?
Creating systems of government is one of the most challenging tasks humans face. For
Aboriginal nations, consultation (discussion and open dialog) and the determination to
change the systems that have failed them will be important steps in achieving selfgovernment throughout Canada.
3. Question: Identify three concerns about self-government. Are they fair? Explain.
The Changing authority of the Grand Council
The Mi’kmaq Grand council was the sole form of government before contact with the
Europeans. Changes in the role of the Grand Council are the result of efforts of the
British Crown and federal government to impose its system upon Mi’kmaq people.
The Grand Council is the traditional aboriginal government of the Mi’kmaq nation. It draws
it membership from all parts of Mi’kmaq territory, has both political and spiritual
authority and continues to be the sovereign government of the Mi’kmaq today. It unites
the seven districts of Mi’kma’ki, and entered into treaties with England and the Concordat
of 1610 with the Pope.
There are local chiefs, selected according to clans living within each district, who in turn
elect a captain or district chief, to represent the entire district at the Grand Council. (
Sante’Mawiomi…..holy gathering )
There were three leadership positions on the grand council:
Grand Chief – head of state of the Mi’kmaq nation.
Grand Captain – head of the council
Putu’s – wampum reader, guards the laws of the nation and remembers treaties entered
into with other nations.
Smagn’ss – soldier or shield bearer, serves as protector of the people.
The role of the Grand Council today consists of the following:
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Ensure culture and language is maintained and preserved
Form a strong voice on behalf of the Mi’kmaq
Educate non-Indian people about what being Mi’kmaq means.
Educate Mi’kmaq people.
4. Question: How has the Grand Council changed from the contact period to today?
What do you thinks its role will be for the future?