Research Paper Number

35/2012

The Structure of the Indian Act: Accountability in Governance

Authors

Shin Imai, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

2012

Keywords

Aboriginal; accountability; Band Council; Chief and Council; Indian; Indian Act; indigenous; self-determination; self-government

Abstract

There is a paradox in the Chief and Council governance scheme laid out in Canada's Indian Act. This paper describes the paradox and suggests a way out utilizing self-governance initiatives. The Indian Act has been criticized for giving the Chief and Council too little power to make their own decisions. The Royal Commission on Aboriginal Peoples counted nearly 90 provisions that give the Minister of Indian Affairs powers over the Band and Band Council. But the Indian Act has also been criticized for giving the Chief and Council too much power to make decisions. Some people point out that Chief and Council do not have enough accountability to members of the community. In sum, the Indian Act is criticized for giving Chief and Council too little authority and with giving Chief and Council too much authority.

Recommended Citation

Imai, Shin, "The Structure of the Indian Act: Accountability in Governance" (2012). Comparative Research in Law & Political Economy. Research Paper No. 35/2012.
https://digitalcommons.osgoode.yorku.ca/clpe/8