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Aboriginal government is thousands
of years old. First Nations were practicing their own sophisticated forms
of government for thousands of years before the arrival of Europeans in Canada.
They see their powers of government as essential to their existence.
Since the late 1940s, First Nations
people have struggled to regain their rightful place in the Canadian federation.
They want recognition of the right to govern themselves in partnership with
the federal, provincial and territorial governments.
In August 1995, the federal government
undertook a process to negotiate practical arrangements to make aboriginal
self-government a reality and allow Aboriginal peoples the right to decide
on matters that affect their own lives and lands.
Under the federal approach, all
self-government arrangements will be based on the following principles:
The inherent right to self-government
is an existing Aboriginal right recognized and affirmed under the Canadian
Constitution.
Self-government will be exercised
within the existing Canadian Constitution. Canada's recognition of self-government
does not mean sovereignty in the international sense.
Aboriginal peoples will continue
to be citizens of Canada and the province or territory where they live.
However, they may exercise varying degrees of jurisdiction and/or authority.
The "Canadian Charter of
Rights and Freedoms" will fully apply to Aboriginal governments as
it does to all governments in Canada. The current provisions of the charter
that respect the unique Aboriginal peoples will continue to apply.
All federal funding for self-government
will come from the reallocation of existing resources.
Where all parties agree, rights
in self-government agreements may be protected in new treaties. They may
also be protected through additions to existing treaties, or as part of
comprehensive land agreements.
Federal, provincial, territorial
and Aboriginal laws must work in harmony. Certain laws of overriding federal
and provincial importance, such as the Criminal Code, will prevail.
The interests of all Canadians
will be taken into account as agreements are negotiated.
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