The Federal Court of Appeal recently revisited a 2009 decision from the Federal Court involving the removal of and 10-year prohibition of re-election for the former Chief of Peepeekisis First Nation. The court affirmed the lower court’s decision that there was insufficient evidence to establish that either of the two Councils (which removed the Chief and implemented the prohibition) satisfied the criteria of the Election Act, or custom. Here’s the decision – Bellegarde v. Poitras.
Tribal Codes
Saginaw Chippewa Indian Tribe Changes Tribal Membership Criteria
Here is the news coverage. An excerpt:
A deeply divided Saginaw Chippewa Tribal Council has voted to change the requirements to become a member of the Tribe.
In a 6 to 5 vote, the council voted to tighten the source of the Indian blood quantum requirement for members.
The Tribe’s constitution, adopted in 1986, requires that members be descended from a person on one of three lists compiled in the 19th century, or from a Tribal base role compiled in 1982, plus be at least one-quarter “Indian blood.”
The constitution does not, however, define what is meant by Indian blood.
Early version of the Tribe’s enrollment ordinance also left it largely undefined, and it was interpreted to mean descent from most North American indigenous people. The council then tightened that to define it as descent from a member of any federally recognized Tribe.
The newest version, adopted at a special session of the Tribal Council Oct. 26, specifies that only “Saginaw Chippewa Indian Tribe of Michigan” blood counts toward the one-quarter Indian blood.
“Tribal Council finds that the current definition of ‘Indian blood’ provided in (the enrollment ordinance) is overly broad and inconsistent with the constitution,” said the resolution adopting the revised law. “The Tribal Council finds that blood inherited from the Saginaw Chippewa Indian Tribe of Michigan is the only blood directly relevant to membership under the constitution of the Saginaw Chippewa Indian Tribe.”
Under the old law, for example, a child born to a Saginaw Chippewa Tribal member with one-fourth Indian blood and a full-blooded member of the federally recognized Navajo Nation would qualify for membership. By most reckonings, that child would have five-eighths Indian blood quantum.
Under the new law, that child would not qualify as a Saginaw Chippewa.
Saginaw Chippewa Indian Tribe Sues NLRB
Here are the materials in Saginaw Chippewa Indian Tribe v. National Labor Relations Board (E.D. Mich.):
SCIT Motion for Preliminary Injunction
TT’s own Andrew Adams is co-counsel on this one.
Challenge to Colville Membership Decision Dismissed by Federal Court
Here are the materials in Desautel v. Dupris (E.D. Wash.):
Eastern Band Establishes Cherokee Identity Protection Committee
Here. An excerpt:
There are three federally recognized Cherokee tribes in the United States including the Eastern Band of Cherokee Indians (NC), the Cherokee Nation (OK) and the United Keetoowah Band of Cherokee Indians (OK). According to a list compiled in March by the Cherokee Nation, there are 212 fabricated groups claiming to be Cherokee tribes. “Fraud List” compiled by Cherokee Nation
Some of those groups are from areas thousands of miles from traditional Cherokee territory including the Northwest Cherokee Deer Clan in Oregon. And, several aren’t even in the United States at all such as the Chewah Cherokee Nation in Manitoba, Canada.
The EBCI Tribal Council passed a resolution – No. 6 (2011) – during annual council on Thursday, Oct. 13 to establish the Cherokee Identity Protection Committee.
“It’s something that we’ve had an ongoing issue with and it’s something that’s important,” said Big Cove Rep. Perry Shell who submitted the resolution passed on Thursday. “Many times people are taking our identity.” Continue reading
Self-Government For Mi’kmaq in Nova Scotia?
CTV recently released (October 4) a tiny story on what could be a monolithic advancement for the Mi’kmaq of Nova Scotia, and in turn for aboriginals throughout Canada. Here’s the story. However, be forewarned, this small piece, not even 200 words, barely offers any substance and reads more like an Onion article (“[O]ne of the most pressing details to work out for the Mi’kmaq is to find a place to put a House of Assembly”). And perhaps tellingly, Federal Aboriginal Affairs and Northern Development Minister John Duncan would not offer comment on it. Curioser and curioser. Stay tuned…
Douglas Sanderson on Commercial Law and Indigenous Sovereignty
Douglas Sanderson has posted “Commercial Law and Indigenous Sovereignty” on SSRN.
Here is the abstract:
Despite the ubiquitous nature of commercial law, discussions about Indigenous sovereignty tend to focus on the big picture themes of lands, resources and economic development without any real thought about the commercial law framework within which these transactions will take place. In this paper, I argue that commercial law is a crucial, though overlooked, aspect of Indigenous sovereignty. I propose that through the development and implementation of a commercial Code and Tribunal, Indigenous communities stand to capture greater economic efficiencies, promote political independence, and advance down a path towards developing institutions that are both modern and based in traditional knowledge bases and dispute resolution mechanisms.
Nevada Lawyer Magazine Indian Law Theme Issue
Nevada Lawyer – August 2011
Feature Stories:
- A Quick Guide to Nevada’s Tribal Courts
- Appellate Law in Nevada Indian Country: The Inter-Tribal Court of Appeals
- A Snapshot of Indian Criminal Law in the District of Nevada
- Tribal Courts in Nevada: Alive and Well
- Nevada Legal Services Tribal Court Advocate Training Project
- Washoe Tribal Court Tradition Comes Full Circle
- Judge “Joe” Van Walraven – Full-time Judge for the Reno-Sparks Indian Colony
- Article for CLE Credit: The ABCs of Practicing in Tribal Court (Want CLE Credit for this article? Take the quiz online!)
- Online Exclusive: Bureau of Indian Affairs Oversees Tribal Governance and Courts
- Online Exclusive: All Over the Map
- Event Recap: The State Bar of Nevada Annual Meeting
Regular Columns:
Federal Court Declines to Dismiss Indictment against Ponca-Licensed Pharmacy
Here is the opinion in United States v. Williams (W.D. Okla.):
DCT Order Denying Williams Motion to Dismiss
Here is the indictment:
Suquamish Chairman on their Same-Sex Marriage Ordinance
Last month, the Suquamish Tribal Council amended its existing Marriage and Divorce Ordinance to permit marriages regardless of the couple’s gender. The amendment passed by a unanimous vote of the council and allows same-sex couples to receive the same treatment and benefits as opposite-sex couples. At least one person entering the marriage must be an enrolled member of the Suquamish Tribe. The amendment also provides for tribe members in civil unions entered in recognized jurisdictions to convert the union into a Suquamish Tribal marriage.
The issue of sexual orientation is not controversial in the Suquamish community. I have found no mention of sexual orientation as an issue in my research of the Tribe’s oral history or in non-Indian archival data. Some elders have stated that traditional views on same-sex interactions suggested that these individuals may have possessed unique spiritual associations. Research indicates that sexual orientation was probably not an area of great moral concern or discussion in Suquamish society before interaction with non-Indians. That same cultural value remains within the community today.
This tribal community of 1,050 members is sensitive to discrimination. Many members have experienced mistreatment based on race in their own lifetime, so the council understands the importance of ensuring that tribe members do not face discrimination in their own tribal laws, including due to sexual orientation. Tribe members view the amendment as an expression of the high value they place on inclusiveness and acceptance of diverse views within our community. This amendment embodies the Suquamish people’s ultimate exercise of its inherent right as a sovereign government to address the essential social question of whom Suquamish Tribe members can choose to marry.
Turtle Talk 
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