Five Pillars of Effective Governance
The People | The Land | Laws and Jurisdiction | Institutions | Resources
The Land
The deep connection to the Land is vital to First Nations. The relationship between the People and the Land is an integral component of First Nations governance. The authority and identity of the Nations come from and are tied to the Land. It is the Land that gives us our deep sense of place and our sense of self. For some Nations the very social structure of the community is embedded in the Land. For example, the eight historic houses (wilp) of the Gitanyow are each stewards of very particular areas of land and water and their authority to govern those territories is rooted in that responsibility.
Our relationship with the Land occurs at both the physical and the spiritual level. But the Land provides for all our needs, including our need for an economy. This relationship gives purpose to our People and our governments – to protect the Land, which in turn ensures the well-being of our People. It is our responsibility to care for the land, just as it cares of us, and our past, present and future relations.
In recent years, the Canadian courts have recognized the integral link between the Land and governance. The Delgamuukw and Campbell decisions acknowledged the concept of Aboriginal title – ownership of the Land itself – and the “right to choose” how Aboriginal title lands are used. In other words, the recognition of Aboriginal title by the courts results in the recognition of First Nations’ inherent right to govern land use.
While this legal position may present challenges to the traditional ways in which First Nations view the Land, it also presents great opportunities to regain a meaningful presence in our traditional territories. It allows us to share in the economy of our traditional territories by fully realizing the economic aspects of Aboriginal title. The Delgamuukw and Campbell decisions demand that other levels of government recognize First Nations’ inherent rights to the Land. With that recognition they are obliged to work toward solutions that will reconcile all of the activities that occur on the Land (e.g., traditional practices vs. economic development). For the People, organizing in ways that enables participation in that work and that supports effective consultation and co-management of the Land is a critical responsibility of an Aboriginal title and inherent right strategy.
Three Principles that Relate to the Land
• Territorial Integrity
• Economic Realization
• Respect for the Spirit of the Land
When these principles are applied, the outcome is a First Nations government which has a deep physical and spiritual connection to the Land. It is a government that is recognized as having a territory that extends far beyond the arbitrary boundaries of any reserve.
Territorial Integrity. Given the irrevocable link between title and governance it is imperative that First Nations organize to illustrate both their historic and present day connections to the Land. There exist significant challenges to this work resulting from land alienation and destruction but it is vital to extend our connection across the historic areas our Nations utilized. Territorial integrity begins with assertion and must be supported by land use mapping and stewardship planning that permit the reclamation of responsibility for decision making.
Economic Realization. Effective governments possess the right and the tools to develop their Land into sustainable economies. They realize wealth through participation in resource development and through leveraging those resources to access additional sources of revenue beyond their communities. Aboriginal title includes an inescapable economic component. This is a legal right that First Nations must realize to benefit their citizens and finance their governments. This realization will come through consultation and accommodation that minimize infringement and maximize economic benefits.
Respect for the Spirit of the Land. First Nations Peoples are positioned to take back our legitimate place on the Land. This will be accomplished by asserting our inherent rights to protect and preserve the Land and its resources, and by optimizing the economic opportunities the Land provides. These rights are ours through our ancestral role as stewards of the Land. It is through connecting with and honouring the spirit of the Land that our governance strategies remain effective and appropriate.