Publications by Subject Heading: Aboriginal Law

Federalism and the First Nations: Making Space for First Nations’ Self-Determination in the Federal Inherent Right Policy Jul 2005

This paper argues that federal and provincial governments renew their self-government policies to give meaning to the inherent right of First Nations to self-government.  The authors suggest that First-Nations’ self-government is a key and complementary principle to the Canadian constitution. It recommends that both the federal and provincial governments renew their policies on Aboriginal self-determination to reflect existing commonality on issues such as social, institutional and democratic control for First Nations.

The Role of the Uniform Law Conference in Relation to Aboriginal Laws: Conference Paper Aug 2002

The Commission suggests that the harmonization of Aboriginal laws is necessary and desirable due to changes in technology and infrastructure, as well as the changing nature of Aboriginal law-making. Aboriginal and non-Aboriginal laws can work in parallel without overlap in the jurisdiction of the respective law-making bodies.