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The jurisdiction of inherent right Aboriginal governments

26 Feb 2008

The Parliament of Canada and the provincial legislatures exercise legislative jurisdiction that was delegated to them from the British Parliament by the Constitution Act, 1867 (formerly the British North America Act, 1867), though the source of the authority of the British Parliament to legislate for Canada has never been adequately explained.3. [...] The inherent jurisdiction of Aboriginal governments is jurisdiction arising from the existence of the Aboriginal nations in North America prior to the arrival of the Europeans. [...] In some instances, these may be the nations that occupied territories and exercised jurisdiction either prior to the arrival of Europeans (in the case of the Indian and Inuit nations),7 or prior to the establishment of effective European control (in the case of the Métis).8. [...] Furthermore, they are not the sole owners under the original grant from the Creator; the land belongs to past generations, to the yet-to-be-born, and to the plants and animals.22 In this regard, I think it should be kept in mind that the scope of the jurisdiction any Aboriginal nation received from the Creator is a matter that is within the traditional knowledge of that nation’s people. [...] For a European nation to usurp jurisdiction in this way would interfere with the sacred relationship between the Aboriginal nation and the Creator, and would violate Aboriginal understandings of the place of human beings in the natural world and the responsibilities that flow from the gifts they have received form the Creator.
government politics canada indians of north america civil law constitutional law copyright copyright infringement law sovereignty judge constitution parliament treaty court native peoples band government judiciary constitution (law) aboriginal section 35 aboriginal title delgamuukw constitution act, 1982 canadian constitution act, 1867 canadian federalism section 35(1) infringement delgamuukw v. british columbia campbell

Authors

McNeil, Kent

Pages
32
Published in
Canada

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