By Dan Russell
Written via a practicing Aboriginal attorney, this e-book argues that Aboriginal self-government in Canada might most sensible be completed through a constitutional modification, now not via treaties, as has been the preoccupation of provincial governments given that 1982.
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Extra info for A People’s Dream: Aboriginal Self-Government in Canada
Arizona Tax Commission67 came before the Supreme Court. In this instance, the State of Arizona sought to impose an income tax on a non-Indian business operating on the Navajo reservation. Arizona argued that, since this tax was not in conflict with any federal tax, it was not a direct violation of federal legislation. Consequently, it should not be precluded by federal law. The court did not agree with this view. However, unlike the infringement test, the analysis excluded state authority not because it infringed on tribal interests but because that particular area of law 26 The American Tribal Government Experience was already “occupied” by federal law.
He argued that, although indeed he was an Indian, he was not an Indian from this reservation. Thus, just as in Oliphant, in which the accused could not run for tribal office, vote in elections, or sit as a member of a jury, Duro should also be exempt from the criminal laws of this tribe. 35 Oliphant had provided the court with an opportunity to further diminish the jurisdiction of a tribal government simply by refining the Cherokee Nation principles. 36 Nonetheless, legislative and case law alterations to the Cherokee Nation principles have evolved significantly over the years.
Moreover, even within a group such as “Indian,” how will First Nations articulate their right to self-government? Will they govern themselves based on distinctions in the Indian Act that have created over 500 reserves in this country? Is each community to be self-governing, even though many reserves now have fewer than 100 full-time residents? Or should regional governments be established based on provincial divisions or perhaps on associations premised on traditional cultural distinctions? An example of the latter would be the Six Nations peoples of Ontario and Quebec.
A People’s Dream: Aboriginal Self-Government in Canada by Dan Russell