ABSTRACT

North American Native leaders have frequently called for greater control over the policing of their people both on and off Native lands. A constituent element of "nationhood" would be the creation of a Native-controlled criminal justice system. Central to any demand for self-government is a demand that communities exercise considerable control over the administration of justice. In the United States the current distrust of big government and "federal cops" may bring about a move to greater local control of policing generally. In 1876 the Indian Act was passed and "responsibility" for Natives was given over to the federal government. By the 1950s the government of Canada had adopted a policy of social welfare-oriented paternalism with respect to Natives. Writers who have examined Native culture argue that "policing" as the larger society uses the term may be counterproductive in producing truly just solutions to problems.