From Wikipedia, the free encyclopedia
Hereditary chiefs in Canada are leaders within some[
which? ]
First Nations in Canada who represent different houses or clans and who, according to some interpretations of case law from the
Supreme Court of Canada , have jurisdiction over
territories that fall outside of
band -controlled
reservation land .
[1]
[2] Passed down intergenerationally, hereditary chieftaincies are rooted in traditional forms of
Indigenous governance models which predate
colonization .
[3]
[4] The
Indian Act (1876), still in force today, imposed electoral systems to fill band council positions.
[5]
[6] Although recognized by and accountable to the
Government of Canada , band chiefs do not hold the cultural authority of hereditary chiefs, who often serve as knowledge keepers responsible for the upholding of a First Nation's
traditional customs, legal systems, and cultural practices .
[7]
[3]
[8]
When serving as Lieutenant Governor of British Columbia,
Judith Guichon postulated that the role of hereditary chiefs mirrored that of
Canada's constitutional monarch , being the representative of "sober second thought and wisdom, not the next political cycle; but, rather, enduring truths and the evolution of our nation through generations."
[9]
It was hereditary chiefs of the
Gitxsan and
Wetʼsuwetʼen who acted as plaintiffs in the
Delgamuukw v British Columbia decision (1997) of the Supreme Court of
Canada . The ruling, overturning a lower court decision, has been important to ongoing definition of the protection of Aboriginal title in relation to
section 35 of Canada's
Constitution Act, 1982 , and also significant in accepting the standing of the hereditary chiefs as plaintiffs, relying on their authority to speak for their communities and nations.
[10]
[11]
See also
References
^ Hyslop, Katie (14 February 2020).
"Wet'suwet'en Crisis: Whose Rule of Law?" . The Tyee . Retrieved 28 February 2020 .
^
"Wet'suwet'en Hereditary Chiefs - elected Band Council - it is complicated" . CHON-FM . 20 February 2020. Retrieved 28 February 2020 .
^
a
b Joseph, Bob.
"Hereditary Chief definition and 5 FAQs" . www.ictinc.ca . Retrieved 28 February 2020 .
^ Abedi, Maham (10 January 2019).
"Band councils, hereditary chiefs — here's what to know about Indigenous governance" . Global News . Retrieved 28 February 2020 .
^ Henderson, William B. (2006).
"Indian Act" . www.thecanadianencyclopedia.ca . Retrieved 28 February 2020 .
^
"Elected vs. hereditary chiefs: What's the difference in Indigenous communities?" . CTV News . 9 January 2019. Retrieved 28 February 2020 .
^ Robinson, Amanda (6 November 2018).
"Chief" . www.thecanadianencyclopedia.ca . Retrieved 28 February 2020 .
^ Neel, David; Harper, Chief Elijah (1992).
Our Chiefs and Elders: Words and Photographs of Native Leaders . Vancouver: UBC Press. p. 78.
ISBN
978-0-7748-5656-0 .
OCLC
951203045 .
^ Jakson, D. Michael (8 February 2020), "Introduction: The Crown in a Time of Transition", in Jackson, D. Michael (ed.),
Royal Progress: Canada's Monarchy in the Age of Disruption , Toronto: Dundurn,
ISBN
9781459745759 , retrieved 1 May 2023
^ McCreary, Tyler (2014).
"The Burden of Sovereignty: Court Configurations of Indigenous and State Authority in Aboriginal Title Litigation in Canada" . North American Dialogue . 17 (2): 64–78.
doi :
10.1111/nad.12016 .
ISSN
1556-4819 . Archived from
the original on March 1, 2020 – via Academia.edu.
Alt URL [
permanent dead link ]
^ Joseph, Alfred; Uukw, Delgam (1992).
The spirit in the land: statements of the Gitksan and Wet'suwet'en hereditary chiefs in the Supreme Court of British Columbia, 1987-1990 . Gabriola, B.C.: Reflections.
ISBN
978-0-9692570-4-2 .
OCLC
27223013 .