The Inherent Right of the Haudenosaunee to Criminal Justice Jurisdiction in Canada: A Preliminary Inquiry

• Main Author: Cousins, Michael
• Format: Thesis
• Language: English
• Published: 2004
• Subjects: Canada; First Nations
• Online Access: http://summit.sfu.ca/item/8828

The Haudenosaunee, or Six Nations of the Grand River, are the largest First Nations community in Canada and are located near the city of Brantford, Ontario. Currently, the Six Nations Band Council is examining the prospect of implementing a "parallel" criminal justice system. In support of this initiative, this thesis analyzes the viability of implementing a parallel criminal justice system pursuant to the inherent right of self-government within the meaning of s. 35 (1) of the Constitution Act, 1982. The Supreme Court of Canada has established a four-step legal framework that all courts must utilize when assessing an Aboriginal rights claim. In conformity with existing judicial directives, anthropological, historical, and oral tradition evidence is applied to each of the four areas of inquiry to support the legal assertion that the Haudenosaunee have a constitutionally protected inherent right to develop and administer a system of criminal justice within their territorial boundaries.