Hereditary chiefs in Canada are leaders within some[which? ] First Nations in Canada who represent different houses or clans and who, according to some interpretations of case law from the Supreme Court of Canada , have jurisdiction over territories that fall outside of band -controlled reservation land .[1] [2] Passed down intergenerationally, hereditary chieftaincies are rooted in traditional forms of Indigenous governance models which predate colonization .[3] [4] The Indian Act (1876), still in force today, imposed electoral systems to fill band council positions.[5] [6] Although recognized by and accountable to the Government of Canada , band chiefs do not hold the cultural authority of hereditary chiefs, who often serve as knowledge keepers responsible for the upholding of a First Nation's traditional customs, legal systems, and cultural practices .[7] [3] [8]
When serving as Lieutenant Governor of British Columbia, Judith Guichon postulated that the role of hereditary chiefs mirrored that of Canada's constitutional monarch , being the representative of "sober second thought and wisdom, not the next political cycle; but, rather, enduring truths and the evolution of our nation through generations."[9]
It was hereditary chiefs of the Gitxsan and Wetʼsuwetʼen who acted as plaintiffs in the Delgamuukw v British Columbia decision (1997) of the Supreme Court of Canada . The ruling, overturning a lower court decision, has been important to ongoing definition of the protection of Aboriginal title in relation to section 35 of Canada's Constitution Act, 1982 , and also significant in accepting the standing of the hereditary chiefs as plaintiffs, relying on their authority to speak for their communities and nations.[10] [11]
^ Hyslop, Katie (14 February 2020). "Wet'suwet'en Crisis: Whose Rule of Law?" . The Tyee . Retrieved 28 February 2020 .
^ "Wet'suwet'en Hereditary Chiefs - elected Band Council - it is complicated" . CHON-FM . 20 February 2020. Retrieved 28 February 2020 .
^ a b Joseph, Bob. "Hereditary Chief definition and 5 FAQs" . www.ictinc.ca . Retrieved 28 February 2020 .
^ Abedi, Maham (10 January 2019). "Band councils, hereditary chiefs — here's what to know about Indigenous governance" . Global News . Retrieved 28 February 2020 .
^ Henderson, William B. (2006). "Indian Act" . www.thecanadianencyclopedia.ca . Retrieved 28 February 2020 .
^ "Elected vs. hereditary chiefs: What's the difference in Indigenous communities?" . CTV News . 9 January 2019. Retrieved 28 February 2020 .
^ Robinson, Amanda (6 November 2018). "Chief" . www.thecanadianencyclopedia.ca . Retrieved 28 February 2020 .
^ Neel, David; Harper, Chief Elijah (1992). Our Chiefs and Elders: Words and Photographs of Native Leaders . Vancouver: UBC Press. p. 78. ISBN 978-0-7748-5656-0 . OCLC 951203045 .
^ Jakson, D. Michael (8 February 2020), "Introduction: The Crown in a Time of Transition", in Jackson, D. Michael (ed.), Royal Progress: Canada's Monarchy in the Age of Disruption , Toronto: Dundurn, ISBN 9781459745759 , retrieved 1 May 2023
^ McCreary, Tyler (2014). "The Burden of Sovereignty: Court Configurations of Indigenous and State Authority in Aboriginal Title Litigation in Canada" . North American Dialogue . 17 (2): 64–78. doi :10.1111/nad.12016 . ISSN 1556-4819 . Archived from the original on March 1, 2020 – via Academia.edu. Alt URL [permanent dead link ]
^ Joseph, Alfred; Uukw, Delgam (1992). The spirit in the land: statements of the Gitksan and Wet'suwet'en hereditary chiefs in the Supreme Court of British Columbia, 1987-1990 . Gabriola, B.C.: Reflections. ISBN 978-0-9692570-4-2 . OCLC 27223013 .