Shifting Authority: Indigenous Law-Making and State Governance

How can Indigenous law-making affect state authority? I examine this in the context of Canada’s extractive sector, where I question how and when Indigenous laws prevail over state laws to challenge colonial authority and reassert Indigenous self-determination. Although the state claims supreme authority, Indigenous governments are enacting their own laws, laws that are sometimes in tension with those of the state. I demonstrate that while the state usually responds to contentious Indigenous law-making with conflict, under certain conditions Indigenous communities can incite the state to reverse its position to one of acquiescence or cooperation. By drawing on insights from three Indigenous communities in Canada, I offer four conditions under which Indigenous peoples and governments may be able to compel the state to relent and accrue authority, including by preparing to engage in a long-term project, by fomenting community cohesion, by exploiting evolving international norms related to Indigenous rights, and by offering viable governance alternatives to colonial legislation. By highlighting new sites of authority and resistance, this work underscores the transformative possibilities of Indigenous politics. Une autorité en évolution : pouvoir législatif autochtone et gouvernance publique