Canada Aboriginal Self Government
Recognition of Aboriginal Self Government
The Canadian government recognizes inherent rights as based on the understanding that the Aboriginal peoples of Canada have the right to govern themselves on matters internal to their communities. The Crown states that exact litigation over inherent rights would be a difficult, prolonged and costly exercise that could cultivate conflict. It is decided that in the matter of disputes the courts can provide general guidance, but leave the members involved to organise detailed arrangements.
The rights of recognition to self government are based on fundamentals specific to:
Unique cultures: The set of shared attitudes, values, goals, and practices that characterizes an institution, organization or group
Identities: A groups comprehension of themselves as a discrete, separate entity.
Traditions: Beliefs or customs taught by one generation to the next
Languages and institutions.
Special relationship to land and resources.
Financial Arrangements
The Canadian government states that the financing of self-government is a shared responsibility among federal, provincial and territorial governments, and Aboriginal governments and institutions.
Aboriginal governments and institutions ought to increase their own supplies of revenue so as to diminish dependence on other governments.
All federal expenses related with the realization of self-government will be accommodated within existing federal expenditures.
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Representation
The Government believes that the onus to resolve any disputes regarding representation within or among Aboriginal groups should rest with the Aboriginal groups concerned.
Fiduciary Obligations
As self management enhances, Crown responsibilities will decline. In this sense, the historic relationship between Aboriginal peoples and the Crown will not disappear, but rather, will evolve. There is no justifiable basis for the Government to retain fiduciary obligations in relation to subject matters over which it has relinquished its control
Accountability
Aboriginal governments and institutions should be fully accountable to their members or clients for all decisions made and actions taken in the exercise of their jurisdiction or authority.
Restrictions and Aspirations of Self government
The Implementation of self-government aims to:
• Enhance the participation of Aboriginal peoples in the Canadian federation
• Ensure that Aboriginal peoples and their governments do not exist in isolation, separate and apart from the rest of Canadian society.
The inherent right of self-government does not:
• Include a right of sovereignty in the international law sense
• And, will not result in sovereign independent Aboriginal nation states.
Subjects for Negotiation
The Government understands the extent of Aboriginal jurisdiction or authority can broaden to subject that are internal to the group, it’s culture, government or institution. Under this approach, the range of matters that the federal government would see as subjects for negotiation could include all, some, or parts of the following:
|Subjects for Negotiation |
| |Canada |Taiwan |
|Establishment of governing structures, internal constitutions, elections, leadership selection processes|α | |
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|Establishment of governing structures, internal constitutions, elections, leadership selection processes|α | |
|Membership |α | |
|Marriage |α | |
|Adoption and child welfare |α | |
|Aboriginal language, culture and religion |α | |
|Education |α | |
|Health |α | |
|Social services |α | |
|Administration/Enforcement of Aboriginal laws, including the establishment of Aboriginal courts or |α | |
|tribunals and the creation of offences of the type normally created by local or regional governments for| | |
|contravention of their laws | | |
|Policing |α | |
|Property rights, including succession and estates |α | |
|Land management, including: zoning; service fees; land tenure and access; and expropriation of |α | |
|Aboriginal land by Aboriginal governments for their own public purposes | | |
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|Natural resources management |α | |
|Agriculture |α | |
|Hunting, fishing and trapping on Aboriginal lands |α | |
|Taxation in respect of direct taxes and property taxes of members |α | |
|Transfer and management of monies and group assets |α | |
|Housing |α | |
|Management of public works and infrastructure |α | |
|Local transportation |α | |
|Licensing, regulation and operation of businesses located on Aboriginal lands |α | |
Authority with the federal/provincial governments
Primary law-making authority would remain with the federal or provincial governments, as the case may be, and their laws would prevail in the event of a conflict with Aboriginal laws. Subject matters in this category would include:
• Divorce
• Labour/training
• Administration of justice issues, including matters related to the administration and enforcement of laws of other jurisdictions which might include certain criminal laws
• Penitentiaries and parole
• Environmental protection, assessment and pollution prevention
• Fisheries co-management
• Migratory birds co-management
• Gaming
• Emergency preparedness
Existing Treaties
The Government does not propose to re-open, change or displace existing treaties through implementation of the inherent right and the negotiation of self-government agreements.
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Existing Land Claim Agreements
The Government does not propose to re-open the provisions of existing land claim agreements as part of any process to implement the inherent right of self-government.
