The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /
The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been conclude...
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ftcanadathes:oai:collectionscanada.gc.ca:QMM.78221 2023-05-15T16:17:13+02:00 The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / Lavoie, Manon, 1975- Provost, Rene (advisor) Master of Laws (Institute of Comparative Law.) 2002 application/pdf http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221 en eng McGill University alephsysno: 001982968 proquestno: AAIMQ88128 Theses scanned by UMI/ProQuest. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221 All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. Indigenous peoples -- Canada -- Government relations Indians of North America -- Canada -- Government relations Indigenous peoples -- Legal status laws etc. -- Canada Indians of North America -- Legal status Indigenous peoples -- Canada -- Politics and government Indians of North America -- Canada -- Politics and government Electronic Thesis or Dissertation 2002 ftcanadathes 2014-02-16T00:53:03Z The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada. Thesis First Nations Theses Canada/Thèses Canada (Library and Archives Canada) Canada |
institution |
Open Polar |
collection |
Theses Canada/Thèses Canada (Library and Archives Canada) |
op_collection_id |
ftcanadathes |
language |
English |
topic |
Indigenous peoples -- Canada -- Government relations Indians of North America -- Canada -- Government relations Indigenous peoples -- Legal status laws etc. -- Canada Indians of North America -- Legal status Indigenous peoples -- Canada -- Politics and government Indians of North America -- Canada -- Politics and government |
spellingShingle |
Indigenous peoples -- Canada -- Government relations Indians of North America -- Canada -- Government relations Indigenous peoples -- Legal status laws etc. -- Canada Indians of North America -- Legal status Indigenous peoples -- Canada -- Politics and government Indians of North America -- Canada -- Politics and government Lavoie, Manon, 1975- The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
topic_facet |
Indigenous peoples -- Canada -- Government relations Indians of North America -- Canada -- Government relations Indigenous peoples -- Legal status laws etc. -- Canada Indians of North America -- Legal status Indigenous peoples -- Canada -- Politics and government Indians of North America -- Canada -- Politics and government |
description |
The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada. |
author2 |
Provost, Rene (advisor) |
format |
Thesis |
author |
Lavoie, Manon, 1975- |
author_facet |
Lavoie, Manon, 1975- |
author_sort |
Lavoie, Manon, 1975- |
title |
The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
title_short |
The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
title_full |
The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
title_fullStr |
The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
title_full_unstemmed |
The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada / |
title_sort |
need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in canada / |
publisher |
McGill University |
publishDate |
2002 |
url |
http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221 |
op_coverage |
Master of Laws (Institute of Comparative Law.) |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
alephsysno: 001982968 proquestno: AAIMQ88128 Theses scanned by UMI/ProQuest. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221 |
op_rights |
All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
_version_ |
1766003058390597632 |