Governments of B.C. and Canada claim agreements with elected band councils constitute consent, even though Supreme Court cases — including 1997’s Delgamuukw versus the Queen, which involved the Gitxsan and Wet’suwet’en — have recognized traditional governance forms, including the hereditary chief and clan system, on traditional territories. Elected band councils are more like municipal councils that have limited jurisdiction only over reserve lands.
The hereditary chief system was in place long before settlers and colonizers arrived. Chiefs, clans and house groups are responsible to the land and the people, and chiefs can be removed if they fail to fulfil their duties. The band council system is a product of the Indian Act, which also gave us residential schools.
As my good friend Miles Richardson, David Suzuki Foundation board member and former head of the B.C. Treaty Commission and Haida First Nation, told the Vancouver Sun, “When you look at the political world and the relationship between First Nations and the Crown, there’s a mighty struggle going on between two world views. There’s the Indigenous worldview manifested in the nation-to-nation commitment, and the colonial view, a 200-year-old, failed policy that was denounced by the Truth and Reconciliation Commission and apologized for.” MORE