How are American Indian Nations and Canadian First Nations Governed?
This link between government and development is receiving a test, of sorts, in the U.S. and Canada today. In each nation, the federal government has determined a great deal about how Native nations are governed. The primary vehicle in Canada has been the “Indian Act,” first adopted in 1876. The Act specifies (among other things) election procedures for First Nations, how First Nation legislatures or councils should be run, regulations governing council borrowing and regulations governing estates. The election rules specify two-year, non-staggered terms for chief and council members, so that the entire elected government turns over frequently and, often, in its entirety. More recently, the act has been amended to allow First Nations to develop “Custom Election Codes” that allow a more “custom-made” form of government, but not many bands have used this provision. Most First Nations have only two branches of government. In most cases, the legislative branch is made up of an elected counci
