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Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [1] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...
There remains a debate over whether the right to indigenous self-government is included within section 35. As of 2006 the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. [1]
The study of the historical relations between the government and Aboriginal people, in order to determine the possibility of Aboriginal self-government, and the legal status of previous agreements that included, the Royal Proclamation of 1763, the Indian Act, the Numbered treaties and Aboriginal case law. [3]
Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. [2] [3] Aboriginal peoples as a collective noun [4] is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First ...
the right of self-government. Since 1982, the Nation's aboriginal and treaty rights, including its treaty right to exist as an aboriginal people in Canada, have been recognized and affirmed by section 35 of the Constitution Act, 1982. [30] Responsibilities of the Nation's government include protection of aboriginal rights and honoring Treaty ...
On the one hand, it has been argued that Aboriginal governments are not bound by the Charter. If section 35 includes a right to self-government, and section 25 ensures Aboriginal rights are not limited by the Charter, then section 25 would also guarantee that self-government is not limited by the Charter. [6]
In other words, Aboriginal governments would have been granted their own order of government, which would have been constitutionally autonomous from the federal and provincial levels of government. Aboriginal legislation, however, would have been required to be consistent with the principles of "peace, order, and good government in Canada", and ...
Co-management arrangements in Canada between Crown governments and Indigenous groups have historically arisen out of comprehensive land claims settlements (modern treaties), [4] crisis resolution processes (i.e. over resource disputes), and more recently out of growing legal recognition of Indigenous right through supreme court jurisprudence, such as the 1999 Sparrow ruling. [1]