Michigan Supreme Court Controversies and Cases: The Indigenous Peoples of Michigan

19 th Century Treaties  Seven treaties signed  “Each of the treaties had a specific purpose related to…establishing the state”  United States v Michigan found that treaties must be viewed in a manner most favorable for Native Americans

Tribal Sovereignty  “Inherent right of the tribe to govern itself”  One example would be the existence of a separate, independent tribal judicial system  Concept repeatedly upheld by the U.S. Supreme Court  Tribal Sovereignty allows tribes to retain a host of rights including fishing, hunting, gaming, and higher education tuition waivers

Hunting and Fishing Rights  Controversy over rights retained by various tribes in the numerous treaties signed between 1836 and 1855  People v Chosa, 1930  People v Jondreau, 1971

1970s  DNR bans gill nets in the early 70s, limiting the most commonly practiced method of fishing utilized by Native Americans  People v LeBlanc deals with license requirements and the rights of the state to prohibit gill nets  United States v State of Michigan  Considered by some to be the “most far-reaching Indian rights decision”  The decision by Judge Noel Fox confirmed that treaty rights took precedence over the state’s ability to regulate fishing

Gill Nets

Consent Agreement  An attempt to find compromise between use for tribal, non-tribal commercial, and sport fishers, at the same time sustaining the native fish population  The Consent Agreement of 1985 aimed for “accommodation of Indian rights, protection of fishery, and cessation of Indian-white hostilities”  The Agreement was renewed in 2000, and for the most part has been considered a success

Gambling  IGRA: Indian Gaming Regulatory Act  Act of Congress passed in 1988  Specific guidelines to regulate gambling nationally  Forced states to enter into good faith negotiations with tribes

Native American Casinos in Michigan

Negotiations  Slot Machines  Stalled negotiations in Michigan for almost four years  Primages v Liquor Control Commission confirmed that electronic games of chance are legal in Michigan  Compact negotiations concluded on August 30, 1993  Native-American casinos agreed to pay 8% tax on “Net Win”

Detroit Casinos  Governor Engler has refused off-site casinos for Native Americans  On the fourth attempt, a proposal to allow three private casinos was passed in the city of Detroit  New casinos were allowed to operate slot machines  Sault Ste. Marie Tribe of Chippewa Indians v Engler, in 1998  Revolved around the issue of net win and if Native- American casinos are still accountable to pay, which they were found to be

Conclusion  They are many additional controversies that involve the interactions between Native Americans and non-Indian people in the state of Michigan  Cases involving tribal sovereignty, fishing rights, and gambling are intended to represent the most prevalent issues for the majority of Michiganders