The Jurisdiction of Inherent Right Aboriginal Governments


Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the governmental authority, or jurisdiction, that is exercisable by inherent right Aboriginal governments? And how does the jurisdiction of Aboriginal governments interact with the jurisdiction of other governments in Canada, especially the federal and provincial governments? This research paper will attempt to answer these questions in a general way, without attempting to determine or assess the jurisdiction of any particular Aboriginal government. 

Native Nations
Resource Type

McNeil, Kent. "The Jurisdiction of Inherent Right Aboriginal Governments". Research Paper for the National Centre for First Nations Governance. National Centre for First Nations Governance. Canada. October 11, 2007. Paper. (, accessed August 28, 2012)