Approaches to Sorting Out Jurisdiction in a Self-Government Context

JOHN M. OLYNYK

ABSTRACT

Self government negotiations with First Nations are leading to the recognition of a third order of government in Canada. The existing division of powers between Parliament and the provincial legislatures will be altered to accommodate the self government jurisdiction of First Nations. In some cases, First Nations may have powers defined in ways not currently seen in the Canadian constitution. An important challenge to be addressed in negotiating and implementing self government arrangements is how First Nations' jurisdiction will interact with and be distinguished from that of the federal and provincial governments. This paper examines approaches used in two self government agreements to design this jurisdictional interface, as examples of the creativity that will be needed to facilitate quick and effective implementation of self government agreements.

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Citation: (1995) 53(2) U.T. Fac. L. Rev. 235.
Copyright © 1995. University of Toronto Faculty of Law Review.
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