(Download) "Self-Government by Side Agreement?(Canada)" by McGill Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Self-Government by Side Agreement?(Canada)
- Author : McGill Law Journal
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 378 KB
Description
This article discusses the use of non-constitutionally entrenched agreements as part of a treaty package to reconcile Aboriginal interests, especially self-government. With the ratification of the Nisga'a Treaty in 2000, the Nisga'a received constitutional entrenchment of their right to self-government. Other First Nations, especially those involved in the British Columbia treaty process, also benefited insofar as they received a model for self-government centered on constitutional protection. The 2002 BC referendum on treaty principles introduced into the discussions a municipal style of self-government, however, and the overwhelming voter support that model received requires that it must be seriously considered. First Nations have matched the euthusiasm of BC voters with adamant rejection of the municipal model, and thus the self-government issue threatens to drag the negotiations down into deadlock. The author examines whether self-government by way of non-constitutionally entrenched side agreements can provide a viable compromise. The author concludes that while side agreements can provide some constitutional protection, this protection must be explicitly written into the treaty. The danger posed to core Aboriginal interests by the reconciliation of self-government rights through a non-constitutionally entrenched agreement further requires that courts hold government parties to high standards of good faith during the negotiations.
 "Self-Government by Side Agreement?(Canada)" by McGill Law Journal # Book PDF Kindle ePub Free){kind=link}