By Dan Russell
Written by way of a working towards Aboriginal attorney, this e-book argues that Aboriginal self-government in Canada could most sensible be accomplished through a constitutional modification, no longer via treaties, as has been the preoccupation of provincial governments due to the fact 1982.
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Additional resources for A People’s Dream: Aboriginal Self-Government in Canada
Although the events associated with these concepts had no impact on the guiding principles of tribal jurisdiction, their significance is critical if one is to appreciate the state of tribal self-government today. 78 This resolution began the process of terminating federal benefits and services to Indian tribes. It was believed that once such benefits and services were cancelled the tribes themselves would soon wither away. However, to help move this process along, Congress terminated the legal existence of over 100 tribal governments.
Significantly, these courts are viewed from within as expressions of the domestic sovereign will of these tribal nations. The nature and scope of tribal jurisdictions, together with their respective constitutions and tribal codes, continue to evolve. Perhaps both the Lessons for Canada 35 strengths and the weaknesses of these approaches will serve as models for the development of similar institutions in Canada in the years to come. Comment Over the years, tribal communities in the United States have reasserted a great deal of their inherent authority.
Nor even in constitutional law, since this is the process of establishing the parameters of this very area of law. Thus, the argument against an Aboriginal people’s right to determine their own structures of self-government is purely federal-provincial convenience. This is hardly a compelling argument. Since this is an exercise in nation building, a more principled and quite frankly more imaginative approach is called for. But one must not minimize difficulties that may emanate from a selfidentifying process that threatens to be unworkable.