The Jurisdiction of Inherent Right Aboriginal Governments

Authors

Kent McNeil, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

10-11-2007

Keywords

Indigenous peoples--Government relations; Jurisdiction; Indigenous peoples--Legal status, laws, etc.; Canada

Abstract

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.

Comments

Research Paper for the National Centre for First Nations Governance.

Repository Citation

McNeil, Kent, "The Jurisdiction of Inherent Right Aboriginal Governments" (2007). All Papers. 261.
https://digitalcommons.osgoode.yorku.ca/all_papers/261