Michigan Supreme Court

1
Michigan Supreme Court

• Controversies and Cases
• The Indigenous Peoples of Michigan

2
19th Century Treaties

• Seven treaties signed
• Each of the treaties had a specific purpose
  related toestablishing the state
• United States v Michigan found that treaties must
  be viewed in a manner most favorable for Native
  Americans

3
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

4
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

5
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 states
  ability to regulate fishing

6
Gill Nets
7
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

8
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

9
Native American Casinos in Michigan
10
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

11
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

12
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