The People | The Land | Laws and Jurisdiction | Institutions | Resources

Laws and Jurisdiction provides the political framework for the vision. The highest law of the Land must be a constitution as when First Nations are without a constitution, their authority to govern falls under the Indian Act. Constitutions may be written or oral, the latter being traditional to First Nations. A constitution publicly codifies a Nation, its character and identity. It articulates the values that unite the People, defines their Land and sets out the structure for their participation. A constitution may drive what institutions are established and what the lines of authority are between those institutions. It may reconfirm specific rights that have never been ceded, surrendered or extinguished. It may set out who can be a member of the Nation, the way the Nation’s leaders are selected, and the matters over which the Nation can exercise authority. An accepted and established constitution empowers the rightful lawmakers and facilitates the act of law-making.

When these principles are applied, the outcome is an organized and capable First Nations government whose citizens accept the authority of law because it developed from and reflects their own values.

Two Principles that Relate to Laws and Jurisdiction

• Expansion of Jurisdiction
• Rule of Law

Expansion of Jurisdiction refers to exercising authority beyond the current limited parameters of the Indian Act. The expansion of jurisdiction can be done in different ways: through accepting offers of delegated authority, through negotiation, and through exercising the inherent right of self-governance. Authority can be assumed incrementally and gradually, or come suddenly thorough a significant legislative change or an act of sovereign will. What is important is that jurisdiction is appropriately expanded consistent with achieving the People’s vision.

Rule of Law in the traditional territory follows when jurisdiction is established. When individuals abide by the laws of the Land they validate the legitimacy of the governing authority. The Rule of Law provides clear instruction on acceptable behaviour – behaviour that benefits the community – and the recourse when behaviour is unacceptable. In a civil society, the Rule of Law exists to minimize conflict, between individuals, corporate entities, and individuals and corporate entities. The latter is critical to the realization of successful economic development projects on First Nation land.