In Canada, an Indian band (French: bande indienne ), First Nation band (French: bande de la Première Nation ) or simply band , 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 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.
43-517: 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 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
86-571: 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
129-569: 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
172-431: A collective sense of identity, can be based on a variety of factors. It is usually grounded in a common heritage, which comprises such elements as a common history, language, culture, traditions, political consciousness, laws, governmental structures, spirituality, ancestry, homeland or adherence to a particular treaty." According to the 1985 Department of Indian Affairs and Northern Development Act (R.S.C., 1985, c. I-6)
215-624: 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
258-635: 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
301-539: 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 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
344-866: A tribal council, represents citizens of 26 First Nations who are signatories to Treaties 4 , 5 , 6 , and 10 . As of 2019 , 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: Minister of Crown%E2%80%93Indigenous Relations The minister of Crown–Indigenous relations ( French : ministre des relations couronne-autochtones )
387-595: 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 ,
430-592: Is Indigenous and Northern Affairs Canada (INAC). INAC is responsible for policies relating to Aboriginal peoples in Canada , that comprise the First Nations, Inuit and Métis . The title has been changed over the last decade from "Minister of Indian Affairs and Northern Development" to a working title of "Minister of Aboriginal Affairs and Northern Development Canada" on May 18, 2011, during the cabinet shuffle under then-Prime Minister Stephen Harper , and again to "Minister of Indigenous and Northern Affairs Canada" during
473-682: Is a minister of the Crown in the Canadian Cabinet , one of two ministers (the other being the minister of northern affairs ) who administer Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), the department of the Government of Canada which is responsible for administering the Indian Act and other legislation dealing with "Indians and lands reserved for the Indians " under subsection 91(24) of
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#1733086210541516-612: 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
559-483: 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 the pan-Canadian Assembly of First Nations (formerly called the Native Indian Brotherhood), chaired by a leader elected by
602-480: The Constitution Act, 1867 . The minister is also more broadly responsible for overall relations between the federal government and First Nations , Métis , and Inuit . Gary Anandasangaree has been the present minister of Crown–Indigenous relations since July 26, 2023. The current version of the position was created alongside the minister of Indigenous services , who administers Indigenous Services Canada ,
645-496: The Indian Act . For example, the term "Indian" continues to be used in the historical and legal document, the Canadian Constitution and federal statutes. The term "Aboriginal" is commonly used when referring to the three groups of Indigenous peoples as a whole, First Nations, Inuit and Métis. It is also used by Aboriginal people who live within Canada who claim rights of sovereignty or Aboriginal title to lands. In 1983,
688-573: The 29th Canadian Ministry on November 4, 2015. The current working title under CIRNAC was introduced in the 29th Ministry on August 28, 2017, in which Prime Minister Justin Trudeau announced that the Indigenous and Northern Affairs Canada would be gradually abolished. According to their website, the mandate of the Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is to "renew
731-719: 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
774-517: The Métis Nation—Saskatchewan , and the Métis Nation of Alberta . Tribal council A tribal council is an association of First Nations bands in Canada, generally along regional, ethnic or linguistic lines. 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
817-527: The 1983 Penner Committee recommended the gradual abolition of the office of minister of Indian affairs and a transfer of responsibility for their own affairs to First Nations communities. Proposed changes died on the House of Commons' Order Paper at the end of the parliamentary session and have not been re-introduced. Until amendments to the Indian Act in 1985 restored Indian status to many people whose status had been revoked for discriminatory reasons, about half of
860-470: The 1996 Report of the Royal Commission on Aboriginal Peoples (RCAP), refers to "a sizeable body of Aboriginal people with a shared sense of national identity that constitutes the predominant population in a certain territory or collection of territories. There are three elements in this definition: collective sense of identity; size as a measure of capacity; and territorial predominance. The first element,
903-655: 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,
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#1733086210541946-628: The House of Commons, Trudeau announced the formation of the Recognition and Implementation of Indigenous Rights Framework which was intended to "enshrine Section 35 of the Constitution Act, 1982 — which affirms Indigenous rights — in federal law" and to "fill the gap between federal government policies and multiple court decisions on Indigenous rights." It was to be undertaken in "full partnership with First Nations, Inuit, and Métis Peoples". In their Fourteenth Report released on December 3, 2018,
989-577: The Minister of Crown-Indigenous Relations", confirmed that "changes are needed to ensure that policies effectively respond to the needs and interests of Indigenous communities" and that policies need to be aligned "with evolving laws and the United Nations Declaration on the Rights of Indigenous Peoples, including the concept of free, prior and informed consent." On February 14, 2018, during a speech in
1032-590: The Penner Report by the Special Parliamentary Committee on Indian Self-Government, chaired by Liberal MP Keith Penner , had recommended the phasing out of the Indian Act and the Department of Indian Affairs and the introduction of Native self-government. Then-Prime Minister Brian Mulroney, had dismissed the report in 1984. Reports and commissions following the Penner Report including the "Report on
1075-623: The Royal Commission on Aboriginal Peoples (1996), the Truth and Reconciliation Commission of Canada Calls to Action (2015), the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples (2017), Recognition of Indigenous Rights and Self-Determination discussions, and the national engagement—[Recognition and Implementation of Indigenous Rights Framework (RIIRF)]—led by
1118-794: The Standing Senate Committee on Aboriginal Peoples listed improvements, changes and concerns related to the relationship between CIRNAC and agencies such as the Lands Advisory Board also known as First Nations Land Management Resource Centre (FNLMRC), the First Nations Tax Commission (FNTC) and the First Nations Financial Management Board Prior to Canadian Confederation in 1867, the Indian Department for British North America
1161-426: 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
1204-429: 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
1247-400: 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 the band. Non-status Indians , Métis , and Inuit are not part of
1290-656: 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
1333-402: 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
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1376-530: The creation of the position of minister of Indian affairs and northern development in 1966. Before 1966, the Northern Development portions of the portfolio were the responsibility of the minister of northern affairs and national resources . A 1983 House of Commons Committee recommended that Indian or First Nations communities be allowed to write their own membership code provided that the code did not violate fundamental human rights. A second report from
1419-517: The department responsible for health care, water, and other services to Indigenous communities when Prime Minister Justin Trudeau announced on August 28, 2017, that the federal government intended to abolish the Indigenous and Northern Affairs Canada department. The applied title of the Department of Indian Affairs and Northern Development (DIAND), under the Federal Identity Program ,
1462-417: 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
1505-716: 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
1548-427: The minister of Indian affairs and northern development has been assigned the role of federal interlocutor for Métis and Non-Status Indians concurrently. By 2017, CIRNAC and the minister of Indigenous services were responsible for federal government relations with First Nations, Inuit and Métis. The Minister has responsibilities, wholly or partially, under a number of Acts: (list may not be complete) The Minister
1591-470: The nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis; modernize Government of Canada structures to enable Indigenous peoples to build capacity and support their vision of self-determination; and lead the Government of Canada's work in the North." In their July 5, 2018 document, CIRNAC wrote that the concept of Aboriginal nation in Canada, based on
1634-734: The persons claiming to be Indians were entitled to be registered as Indians under the Indian Act and to receive the benefits reserved for registered Indians under the Act. In 1985, status was restored to 100,000 people including women who married men who were not Status Indians, and their children; people who had, prior to 1961, renounced their Indian status so they could vote in federal elections, and their children; people whose mother and paternal grandmother did not have status before marriage (these people lost status at 21), and their children; and people who had been born out of wedlock of mothers with status and fathers without, and their children. As of July 2004,
1677-462: 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
1720-513: 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 the Inuit ( Reference Re Eskimos 1939) as well as to Métis and non-status Indians ( Daniels v. Canada 2013), but
1763-504: The term "Indian" remained in the department's legal name, although the term "Indigenous" is used in its applied title under the Federal Identity Program. According to a 2004 AADNC Government of Canada document, the term "First Nation", has been used since the 1970s instead of the word "Indian", which some people found offensive. The term "Indian" is used for legal and historical documents such as Status Indians as defined by
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1806-400: 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
1849-558: Was responsible for relations between the Crown and Indigenous peoples. A superintendent-general of Indian affairs was in the Cabinet of Canada from 1867 until 1936 when the Minister of Mines and Resources became responsible for native affairs. In 1950, the Indian Affairs branch was transferred to the minister of citizenship and immigration , who had responsibility for " status Indians " until
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