Land, Law and Governance Research
Scope
The relationship with land is at the heart of First Nations systems of governance and rule of law. The Land, Law and Governance Research function of the Centre is dedicated to the conduct and distribution of quality research that creates the opportunity for First Nations to articulate traditional legal systems. The Centre will undertake and review relevant research from communities that presently demonstrate effective governance to better understand the factors that promote healthy First Nation governments.
First Nations laws handed down from previous generations are an important component of governance. Protecting rights, establishing respectful relationships including balanced gender relationships, enforcing laws, appealing decisions, resolving disputes, and properly stewarding the land – both within First Nations, and between Aboriginal and non-Aboriginal governments – are critical elements of orderly and good governance. The Centre will conduct an ongoing, active program of legal research and education.
In addition to monitoring and analyzing important judicial rulings, the Centre will continue to focus on the needs of First Nations to develop laws to guide their governments. Close attention will be given to relevant constitutional issues, law making authority and the process of law making. Lawyers, judges and other First Nations professionals and leaders need to know more about Aboriginal rights and title law and its application in the Canadian legal system. The Centre will continue to work with universities and various legal associations and societies to increase the relevance and quality of related opportunities in law schools.Activities
The Centre will commission, produce and publish reports on an ongoing basis on topics such as governance institution building, the nature of First Nations constitutions and enhancing the role of First Nations traditions in governance, laws and institutions. This program will be a key aspect of the Centre’s operations. The Centre will engage in an active program of publication and distribution. It will produce a periodical report on First Nations governance.
The Centre is in the planning stage of a national electronic network of research and researchers that will be a shared resource for all First Nations. This network will be electronic and physically based at the Centre.
There are a number of key national and international institutions engaged in high quality research regarding Indigenous development and governance. In the United States, prominent research capacities relevant to First Nations include the Harvard Project on American Indian Economic Development and the Native Nations Institute for Leadership Management and Policy at the University of Arizona. In New Zealand, the Institute of Policy Studies and the Treaty of Waitangi Research Unit at Victoria University of Wellington are doing significant relevant research in the areas of governance. The Organization of America States has established an Inter-American Indian Institute that also conducts relevant research.
The Centre will maintain liaison and regular communications with these established institutions. Where appropriate and feasible, it will engage in joint research and other projects with these institutions. Study panels of experts may also be established to guide the Centre’s research program.
The Centre has appointed a subcommittee to evaluate, determine and propose relevant areas to be researched, provide guidance on the ethical obligations of the research and recommend on appropriate management of the research.