By Dan Russell

ISBN-10: 0774807989

ISBN-13: 9780774807982

Written through a training Aboriginal attorney, this ebook argues that Aboriginal self-government in Canada could most sensible be completed through a constitutional modification, no longer via treaties, as has been the preoccupation of provincial governments seeing that 1982.

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Additional resources for A People’s Dream: Aboriginal Self-Government in Canada

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It is bound to work with the legal doctrines, case law, and local customs with which it has been provided. This forum is even used by tribes that have maintained more traditional court systems, notably Santa Ana and San Phillipe Pueblos. In such circumstances, advisory opinions are usually offered rather than official decisions. Although the SITCA process is a relatively new invention, some communities have their own similarly sophisticated approaches to justice. Such is the diverse and intricate tribal court structure of the Navajo Nation.

Acknowledging federal jurisdiction under the act, the tribe nevertheless asserted that it possessed concurrent criminal authority, which, it claimed, had simply been dormant for years. The tribe now wanted to reassert this authority in the absence of aggressive federal prosecution. The Supreme Court was less than receptive to this argument, reasoning that the authority of a tribal government over a non-Indian in matters of criminal law was inconsistent with its status as a domestic and dependent nation.

Hence, the Suquamish tribe itself decided to prosecute Oliphant for an offence included under the Major Crimes Act. Acknowledging federal jurisdiction under the act, the tribe nevertheless asserted that it possessed concurrent criminal authority, which, it claimed, had simply been dormant for years. The tribe now wanted to reassert this authority in the absence of aggressive federal prosecution. The Supreme Court was less than receptive to this argument, reasoning that the authority of a tribal government over a non-Indian in matters of criminal law was inconsistent with its status as a domestic and dependent nation.

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A People’s Dream: Aboriginal Self-Government in Canada by Dan Russell


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