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First Nations government (Canada) : ウィキペディア英語版
Band government

In Canada, an Indian band or band, sometimes styled as a First Nation band or simply a First Nation, is the basic unit of government for those peoples subject to the Indian Act (i.e. Status Indians or First Nations).〔(【引用サイトリンク】work=Canadian Museum of Civilization Corporation )〕 Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 persons. Each First Nation is typically represented by a band council chaired by an elected chief, and sometimes also a hereditary chief. there were 614 bands in Canada.〔http://www.aadnc-aandc.gc.ca/eng/1100100016202/1100100016204〕 Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. there were 253 First Nations which had their own membership criteria, so that not all Status Indians are members of a band.〔http://www.aadnc-aandc.gc.ca/eng/1100100016202/1100100016204〕
Bands can be united into larger regional groupings called tribal councils. There is also another kind of organization called a treaty council or treaty association, which in most provinces represents signatory bands of treatied areas (though in most of British Columbia, which is mostly untreated, those bodies are for forming and negotiating future treaty claims). Another emerging type of organization in British Columbia are chiefs' councils, such as the St'at'imc Chiefs Council, which unites bands not included in tribal councils with those in tribal councils. Bands also typically belong to one or more kinds of provincial council or similar organization, and also the pan-Canadian Assembly of First Nations (formerly called the Native Indian Brotherhood), chaired by a leader elected with each band having one vote, rather than at large. Bands are, to an extent, the governing body for their Indian reserves. Many First Nations also have large off-reserve populations whom the band government also represents, and may also deal with non-members who live on reserve or work for the band.
Non-Status Indians, Métis, and Inuit people are not part of the system of band governments and reserves, and this is one of the major differences between their legal and social situation and those governed by band councils. The courts have ruled that constitutional reference to "Indians" (section 91(24) of the ''Constitution Act, 1867'') applies to the Inuit (''Re Eskimos'' 1939) as well as Métis and non-Status Indians (''Daniels v. Canada'' 2013), but their relations with the federal government are not governed by the terms of in the Indian Act.
==Band==
A band is typically, but not always, composed of a single community. Many bands, especially in British Columbia, control multiple Indian reserves, that is, multiple parcels of land. Although bands currently have considerable control over their reserve land, strictly speaking neither the band itself nor its members owns the land. Rather, the land is held in trust for the band by the Crown.〔(【引用サイトリンク】title=Assembly of First Nations - The Story )
The term ''band'' is historically related to the anthropological term band society, but as a legal and administrative unit the band need not correspond to a band in this sense. Some bands draw their members from two or more ethnic groups due to the disruption of traditional ways by colonization and/or the administrative convenience of Canada, or by consensual alliances between such groups, some pre-dating the Indian Act.
The functioning of a band is controlled by the Indian Act, the legislation that defines the position of status Indians. The band government is controlled by a chief councillor and council. The number of councillors is determined by the number of band members, with a minimum of two in addition to the chief councillor. The Indian Act specifies procedures for the election of the chief councillor and council. Some bands make use of a policy provision (called 'custom election') that allows them to exempt themselves from these requirements in order to follow traditional procedures for the choice of leaders. This is a matter of controversy. Proponents argue that it allows First Nations to adapt the externally defined system to their traditions. Sometimes this means that 'hereditary' leaders become the chief councillor. Opponents argue that custom systems are frequently not traditional and that, traditional or not, they are unfair and undemocratic and have the effect of preserving the power of corrupt cliques and, in many cases, of excluding women; and also excluding hereditary leaders. The term "Chief" actually refers to a chief councillor - this individual is not necessarily a hereditary chief or leader, though some are.
Although the current policy of the Department of Aboriginal Affairs and Northern Development Canada (AANDC) is to treat band governments as largely autonomous, under the Indian Act band council resolutions have no effect unless endorsed by the Minister of AANDC.
In addition to the chief and council system mandated by the Indian Act, some bands have a traditional system of government that retains considerable influence. In some cases the two systems have come to an accommodation, such as the Office of the Hereditary Chiefs of the Wet'suwet'en. In other cases the two are in conflict.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Band government」の詳細全文を読む



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