How are Reserves Governed?

First Nations Councils, chosen in a number of different ways, govern reserves.

Before settlers came to what is now Canada, First Nations governed themselves according to their own laws, traditions and values. Each Nation had their own distinct systems of government, traditions, leaderships, economies, health care, education, culture, language and control over their traditional territories. 

But the goal of the Canadian government at the time was to destroy First Nations' cultures and ways of life and assimilate them. Replacing traditional governments with Canadian-style government, which was thought to be superior, was an important part of that. For this purpose, First Nation Councils were created through the Indian Act.

First Nation Councils are created by Canadian law and only have the powers given to them in the Indian Act or related laws.

In this section, the terms First Nation, First Nation Council and First Nation Member mean a Band, Band Council and Band Member under the Indian Act.

Self-Government Treaties

There are First Nations that are no longer covered by the Indian Act and related laws. Instead, they have a Self-Government Treaty.

In this case they can chose how to be governed and how that government will be chosen. For example, they could chose to not have a Council.

First Nation Councils

First Nation Councils can represent the Nation and make certain decisions.

How Are First Nation Councils Chosen?

There are a number of ways for a First Nation to chose a Council and their Chief.

Bylaws

The Indian Act gives First Nation Councils certain bylaw powers. 

What Control Does a First Nation Council Have Over Money?

There are ways for a First Nation Council to pass money bylaws with or without the approval of the Minister of Indigenous Services Canada.

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.