Indigenous Governance Database
Canada
Indigenous Governance: Questioning the Status and the Possibilities for Reconciliation with Canada's Commitment to Aboriginal and Treaty Rights
Indigenous peoples have always had governance. This fact has been a matter of great debate among Canadian politicians and scholars for many years, but there is little doubt that Indigenous Nations had developed for themselves complex systems of government prior to colonization. The…
The Crown's Constitutional Duty to Consult and Accomodate Aboriginal and Treaty Rights
The Crown’s duty to consult and accommodate Aboriginal and treaty rights is a fundamental matter of social justice that invokes very solemn legal obligations. Reconciliation and win-win situations can be achieved with good faith negotiations if the federal and provincial Crown immediately…
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…