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Canada Aboriginal Essay

759 words - 4 pages

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 ...view middle of the document...

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 | |
|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 ...

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