Selected highlights of the report Partners in Confederation

Page R1

Main Points

- In this paper, the Royal Commission on Aboriginal Peoples of Canada have the inherent right of self-government within Canada.

- This right exists in Canadian law and is guaranteed section 35 of the Constitution Act, 1982, as one of the "existing Aboriginal and treaty rights of the Aboriginal people of Canada.

- virtue of their inherent right of self-government, Aboriginal peoples are entitled to exercise jurisdiction over certain core subject matters that are of vital concern to the communities. They may do this at their own initiative. However, it would generally be preferable for them to proceed way of treaties or agreement with the Crown.

- Aboriginal peoples are also entitled to deal with a larger range of subject matters lying beyond the core areas of their jurisdiction, in cases where they conclude treaties or agreements to this effect with the Crown.

The Canadian Charter of Rights and Freedoms regulates the manner in which Aboriginal governments exercise their powers. However, the Charter cannot be used to challenge the existence of the inherent right of self-government as such.

The inherent right of self-government may be implemented in a variety of different ways, in accordance with the aspirations and circumstances of the Aboriginal group in question. It includes the right to join in regional, tribal, treaty, or larger groupings and to participate in public governments that represent all the residents of a certain territory.