Menno Boldt

Federal Indian Policy and Indian Self-Government in Canada: An Analysis of a Current Proposal

In this paper we examine the most recent proposal of the department of Indian Affairs and Northern Development for increased self-government for Canadas status Indians. The proposal represents the most serious attempt in over a decade to deal with the problems of the current Indian Act. Our analysis focuses on two key aspects of the proposal its authority base and the idea of Indian government constitutions. From our analysis we conclude that despite a consensus between Indians and officials of the Department over the desirability of increased governmental powers for Indian Bands, crucial differences exist between the two sides over the substance and future development of Indian government. These differences will constitute significant, if not insurmountable, barriers to the enactment of Indian government legislation. We also argue that any equation between the proposal and the 1934 Indian Reorganization Act of the United States is highly misleading because of the different policy contexts between the United States and Canada.