Question
7. What types of issues would come under the influence of First Nations if they are to be granted self -government? What issues would not be under their jurisdiction?
Solution
4.2
(291 Votes)
Gideon
Expert ยท Tutor for 3 years
Answer
If First Nations were granted self-government, the specific issues under their jurisdiction would depend on the negotiated agreements with the federal and provincial/territorial governments. However, generally, issues related to their internal affairs and cultural preservation would fall under their influence. These could include:* **Lands and Resources:** Management of reserve lands, natural resources (forestry, mining, fishing, etc.), environmental protection on their territories.* **Education:** Control over their education systems, curriculum development, language preservation, and cultural education.* **Health and Social Services:** Delivery of health care, social assistance programs, child welfare, and other community services.* **Culture and Language:** Preservation and promotion of their languages, cultural practices, and traditions.* **Justice System:** Administration of justice within their communities, including establishing their own laws and courts for certain matters.* **Economic Development:** Pursuing economic opportunities, regulating businesses on their lands, and managing their own finances.* **Local Governance:** Establishing their own forms of government, including band councils, elections, and law-making processes.Issues that would likely *not* be under their jurisdiction typically involve areas of national or broader public interest, such as:* **National Defence:** Military affairs and national security would remain the responsibility of the federal government.* **Foreign Affairs:** International relations and treaties would be handled by the federal government.* **Interprovincial/Territorial Trade and Commerce:** Regulation of trade and commerce between provinces and territories would remain a federal responsibility.* **Criminal Law (Major Offences):** While First Nations might have jurisdiction over some aspects of justice, serious criminal offences would likely still fall under the federal Criminal Code.* **Currency and Banking:** Monetary policy and banking regulations would remain under federal control.* **Immigration and Citizenship:** These matters would remain under federal jurisdiction.* **Overall Constitutional Framework:** First Nations self-government would operate within the existing Canadian Constitution.It's important to note that the specific division of powers would be subject to negotiations and could vary between different First Nations based on their unique circumstances and agreements. The goal of self-government is to empower First Nations to have greater control over their own affairs while respecting the overall framework of Canadian law.