IMPLEMENTING ABORIGINAL SELF-GOVERNMENT: CONSITUTIONAL AND JURISDICTIONAL ISSUES

Abstract

The purpose of this paper is to make suggestions as to how Aboriginal self-government could be implemented without any amendment of the Constitution of Canada. The authors suggest that elements of the Charlottetown Constitutional Accord could be included in a political accord or accords, which could become the framework for self-government negotiations. The authors discuss the nature of the powers that could be included in a self-government agreement, making extensive reference to the Yukon First Nation Self-Government Agreements. The issues that are examined include personal and territorial jurisdictions, concurrent and exclusive powers, the relationship of Aboriginal laws to federal and provincial (or territorial) laws, the administration of justice and the financing of self-government. The authors recommend that self-government agreements should be constitutionally protected, and they explain how that can be accomplished under the existing Constitution. The applicability of the Charter of Rights is also discussed, and a recommendation is made for the development of Aboriginal constitutions, which could include Aboriginal Charters of Rights.