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Indigenous Governance Database

The Jurisdiction of Inherent Right Aboriginal Governments

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Author: 
Kent McNeil
Year: 
2007

The Jurisdiction of Inherent Right Aboriginal Governments

The Jurisdiction of Inherent Right Aboriginal Governments
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. 

Aboriginal governments, Constitution Act of 1982, First Nations, First Nations governance, inherent jurisdiction, inherent sovereignty, sovereignty
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Native Nations: 
Canada
Resource Type: 
Other Papers & Reports
Topics: 
Governance, Land/Jurisdiction

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. (http://fngovernance.org/ncfng_research/kent_mcneil.pdf, accessed August 28, 2012)

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