Indigenous Self-determination & Governance: What’s Legitimacy Got to Do with It?

Author: Dr. Millicent Nickason, PhD, MPA, LLB, BA
Current to: November 2025

As Canada continues to grapple with the unfinished work of reconciliation, questions of Indigenous self-determination and self-government sit at the heart of a broader nation-building challenge. Central to that work is an often-overlooked concept: legitimacy.

Our newest Practice Point, “Indigenous Self-determination & Governance: What’s Legitimacy Got to Do with It?,” explores why legitimacy is critical to the effective functioning of governments and legal systems—particularly in times of significant societal change and legal transformation.

Prepared by Dr. Millicent Nickason, PhD, MPA, LLB, BA, and originally presented at CLEBC’s Aboriginal Law Conference 2025: Weaving the Golden Thread, this paper examines how legitimacy shapes negotiations, governance structures, and intergovernmental relationships in the evolving Indigenous–settler landscape.

Drawing on cross-cultural research and lived legal realities, the paper explores both the differences and shared understandings of legitimacy in Indigenous and settler legal traditions. While important distinctions exist, the analysis reveals that common ground is often stronger than assumed—offering valuable insights for lawyers, negotiators, and policymakers alike.

Now available through CLEBC’s Courses on Demand subscription, this paper offers a compelling framework for understanding legitimacy not as a fixed concept, but as a vital tool for navigating change, strengthening relationships, and building more effective and respectful governance systems.

 

 

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