Introduction

In April 2001, the Government of Canada announced its intention to amend the Indian Act to address Indian Act elections, the legal status of "First Nations" and accountability requirements for on reserve First Nations governments.

The federal government calls this proposal the "First Nations Governance Initiative" (FNGI).  A national consultation process has begun to discuss these proposals. The Congress of Aboriginal Peoples through its member organizations is conducting its own consultations.  This pamphlet is intended to answer some questions about the federal proposal and its implications for the Congress of Aboriginal Peoples and to seek your views on how the Congress of Aboriginal Peoples should respond. There is a questionnaire at the end of this pamphlet addressing some specific issues. 

  Each of these subjects involves many legal and policy issues. The Department of Indian Affairs says that no legislation will be prepared until the end of consultations with the Aboriginal community. The federal government has invited Aboriginal people to say what they think should be in the legislation on these three subjects. Once the initial consultation period ends, the government is expected to move quickly.

The proposed legislation would not replace the entire Indian Act but would amend key sections of it and add new provisions.  The new Act would apply only to the Aboriginal communities already subject to the current Indian Act.  It would not apply to Metis or "Non-Status Indians". Indian Act "Bands" which operate by custom methods of leadership selection would also be affected by the legislation, except for new election provisions. 

The draft legislation may include rules for Bands wishing to change from the Indian Act election system to a custom method of leadership selection.

What is the First Nations Governance Initiative?

The legislation proposed by the federal government would address three main subjects: 

• Indian Act elections
• the legal status of First Nations governments
•  accountability of First Nations governments.

Each of these subjects involves many legal and policy issues. The Department of Indian Affairs says that no legislation will be prepared until the end of consultations with the Aboriginal community. The federal government has invited Aboriginal people to say what they think should be in the legislation on these three subjects. Once the initial consultation period ends, the government is expected to move quickly.

The proposed legislation would not replace the entire Indian Act but would amend key sections of it and add new provisions.  The new Act would apply only to the Aboriginal communities already subject to the current Indian Act.  It would not apply to Metis or "Non-Status Indians". Indian Act "Bands" which operate by custom methods of leadership selection would also be affected by the legislation, except for new election provisions. 

The draft legislation may include rules for Bands wishing to change from the Indian Act election system to a custom method of leadership selection.