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

By Dan Russell

ISBN-10: 0774807989

ISBN-13: 9780774807982

Written by way of a working towards Aboriginal legal professional, this ebook argues that Aboriginal self-government in Canada may most sensible be completed through a constitutional modification, no longer via treaties, as has been the preoccupation of provincial governments considering that 1982.

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In this instance, it was more than just bad news for tribal jurisdiction. The subsequent case of Duro v. Reina proved the reasoning in Oliphant to be devastating. 34 The defendant appealed his conviction by challenging the jurisdiction of the tribal court. It appeared to most observers that this jurisdiction was secure since both victim and accused were Indians and therefore subject to the exclusive criminal law authority of the tribe. In addition, although Duro had killed a young tribal member, he had not been prosecuted for murder, an offence restricted to federal authority by the Major Crimes Act.

24 The American Tribal Government Experience Over the years, the courts have recognized tribal jurisdiction over tribal members in all areas of civil law jurisdiction. 49 When one party in a dispute is a tribal Indian, the courts have consistently recognized the sovereign authority of a tribe to adjudicate. 52 These rules set out priorities and procedures for court administration of these issues even when Indian children are located off the reservation. The civil jurisdiction of a tribe is indeed broad and is clearly applicable to both Indians and non-Indians.

Perhaps the purpose of schooling in any community is to address similar goals, but these tribal teachings are often very dissimilar to those of Eurocentric educational systems. Hence, the values imparted by these lessons are similarly different from those of Eurocentric systems. When one appreciates the many differences of a tribal community, it should not be too surprising that familiar languages, customs, and particularly value systems strongly motivate tribal members to cherish their unique expressions of self-government.

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

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