"In February 1992, the Royal Commission on Aboriginal Peoples issued a commentary entitled The Right of Aboriginal Self-Government and the Constitution. The aim of that commentary was to discuss the then current proposals for constitutional reform as those bore upon the right of Aboriginal peoples to govern themselves. In the commentary we set out a number of criteria to be satisfied by any constitutional provision dealing with the Aboriginal right of self-government; we also reviewed a variety of ways to accommodate that right explicitly in the Constitution.
Since that time the process of constitutional reform has faltered, and the immediate prospects for a further round of negotiations are not bright. However, it is open to question whether constitutional amendment is actually necessary to accommodate the inherent Aboriginal right of self-government. In the present paper the Royal Commission considers the possibility that this right already exists in the Constitution of Canada. The paper discusses the historical and legal grounds for the right and how it might be implemented. At the same time the paper paints a broader and more inclusive picture of the Constitution than that often presented, one that incorporates the perspectives of Aboriginal peoples as well as those of other partners in Confederation. It endeavours to take proper account of the long history of treaties and other relations between Aboriginal peoples and the Crown and to work out the modern implications of the basic principles underpinning those relations. Although the historical portion of this paper focuses particularly on the relationships between Indian First Nations and the Crown, a review of the history of Inuit and Metis as distinct Aboriginal peoples would lead to the same conclusions.
Section 35(1) of the Constitution Act, 1982 guarantees the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. As the paper explains, there are persuasive grounds for believing that this provision includes an inherent right of self-government. This view has significant implications for Aboriginal peoples, for federal and provincial governments, and for the public at large. It therefore merits wide public discussion.
The purpose of this paper to trigger such discussion. It is hoped that a review of the grounds on which the constitutional right of self-government can be supported will promote a better understanding of the basic issue and provide a foundation for reasoned dialogue. Our hope is that it will also point the way forward on a question that is important to improved relations between Aboriginal peoples and Canada." -- Provided by publisher
