Elected Chiefs vs Hereditary Chiefs. What’s the Difference? Does it matter?
June 18, 2025
Image Source: Wikipedia – Indigenous Peoples of Canada, Hereditary Chiefs in Canada
Every once and awhile we hear about a controversy between elected Chiefs and Hereditary Chiefs. Each is a distinct group with different responsibilities and authorities. Elected Chiefs are elected under the authority of the Indian Act (1876) and have responsibility for the governance of reserved lands under various treaties. There are also regional, provincial and national chiefs elected to serve in political organizations like the Assembly of First Nations to speak on behalf of many or all communities.
The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change.
- Sir John A Macdonald, 1887
Elected council and elected chiefs were created by an act of the government of Canada as a means to westernize indigenous governance to a model more familiar to the settler community and to eradicate the system of hereditary chiefs as part of the overall objective of assimilating indigenous people into the larger society. Elected Chief and council only have jurisdiction within the reserve land borders and must go through an electoral process every two years.
Hereditary Chiefs are leaders in some First Nations communities who inherit their position based on lineage and cultural protocols, rather than through election. They play a crucial role in upholding traditions, preserving cultural knowledge, and representing their people in matters related to their ancestral lands and governance. Hereditary chiefs can hold many different positions and have different powers within a community including leadership, decisions about territory and land. Each Indigenous community has their own decision-making processes on the traditional leadership of its community, many following a matriarchal line. In territories not covered by Treaties, Hereditary Chiefs are the headmen and headwomen speaking for their communities.
In many cases, the two groups, Hereditary Chiefs and elected Chiefs, are able to work together within a nation, collaborating on issues arising in the community including education, health and childcare. In fact, in some nations, an Elected Chief could also be a Hereditary Chief. However, in other instances the two groups may hold differing opinions regarding an issue, particularly related to land use, and these differences have created some controversy.
For example, the Wetʼsuwetʼen protests in 2019 and 2020 were sparked by opposition to the construction of TC Energy’s (formerly TransCanada Pipelines) Coastal GasLink pipeline project by Hereditary Chiefs who claimed jurisdiction over much of the land impacted by the construction. TC Energy had consulted with the elected Chiefs along the planned pipeline route and received their agreement to proceed. However, the Hereditary Chiefs have a different perspective as stewards of all the traditional lands and preservers of pre-contact culture and traditions.
Despite the opposition of the Hereditary Chiefs the project eventually went ahead and was completed. It does, nevertheless, demonstrate the need to develop a wider understanding of the political landscape in a given region to ensure that consultation is completed with the right groups and is inclusive of both hereditary and elected officials.
It should be noted that "chief" is a European term. Traditional leaders were headmen/women, clan leaders, heads of villages, or groups of people.
Hereditary Chiefs, as the name implies, are those who inherit the title and responsibilities according to the history and cultural values of their community. Their governing principles are anchored in cultural traditions. Hereditary Chiefs carry the responsibility of ensuring the traditions, protocols, songs, and dances of the community, which have been passed down for hundreds of generations, are respected and kept alive. They are caretakers of the people and the culture.
Not every First Nation has Hereditary Chiefs. It depends on the history of each individual group. In some cases, disease (smallpox and measles) and other factors killed off hereditary lines and the group was left with only the elected structures to move forward. Each community that maintains the structure of Hereditary Chiefs has its own protocols and ceremonies. For example, in many West Coast cultures, the title and responsibilities are passed to successive Hereditary Chiefs during a potlach.
Each Hereditary Chief may represent a specific house or clan. Clans are kinship-based groups within a First Nation, often with distinct territories or representing specific functions according to the existing leadership structures. Within clans, there may be further subdivisions called "houses”.
For example, The Gitanyow, “People of Many Numbers” are a First Nations group whose traditional territory covers roughly 1.7 million hectares in Northwestern British Columbia. The Gitanyow Nation is made up of two Pdeeks (or Clans) which are organized in to eight Wilps (or Houses) – Wilp Lax Gibuu (Wolf Clan) of Gwass Hlaam, Wii Litsxw, Malii, and Haizimsque and the Wilp Lax Ganeda (Frog Clan) of Gamlakyeltxw, Gwinuu, Luuxhon and Watakhayetsxw. Each Wilp (House) owns and has authority over its respective territory, collectively known as the Gitanyow Territory.
The Lax’yip or territory of each Wilp is under the sole authority or Daxgyet of the respective Wilp, and the combination of all Wilp territories comprises the Gitanyow Lax’yip, an area of unceded land consisting of about 6,200 square kilometers in Northwestern B.C.
The Gitanyow Ayookxw is the supreme law of the Gitanyow Nation and for the Gitanyow People it is the foundation for the relationships they live by. It is founded on knowledge, experience and practices which are thousands of years old.
In the context of Canada, Aboriginal law refers to the body of Canadian law that deals with Indigenous peoples, including constitutional rights, treaties, and the Crown's relationship with Indigenous groups. Indigenous law, on the other hand, refers to the legal traditions, customs, and practices developed and maintained by Indigenous peoples themselves. It's the legal systems that Indigenous communities use to govern themselves, their relationships, and their lands, often rooted in stories, ceremonies, and traditional ways of life. It includes the traditional system of governance rather than the elected system imposed by the Indian Act.
The existence of different systems of governance (Chiefs) and different legal systems creates enormous complications for anyone having to deal with First Nations in terms of negotiating forward understandings regarding land and resource development. This is one of the many reasons we are seeing some push back from First Nations leaders with respect to initiatives like the new One Canadian Economy Act (Bill C-5) a federal statute which aims to reduce interprovincial trade barriers, ease labour mobility and fast-track major national projects—all in response to ongoing trade disputes with the U.S.
There is a legitimate concern that fast-tracking will lead to trampling over indigenous rights to Free Informed Prior Consent. It must be understood by lawmakers and decision-makers throughout Canada that there is a high degree of complexity to be considered to ensure all rights are respected and given fair hearing. This is one of the reasons we at Anokiigamig e-Learning undertake to provide historical background to our biweekly readers to help improve general knowledge regarding the rich and textured history of the Indigenous people of Turtle Island.