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Article: L'autonomie personnelle au coeur des droits ancestraux: sub qua lege vivis?(Canada)
- Article from:
- McGill Law Journal
- Article date:
- January 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 McGill Law Journal (Canada). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In this article, the author examines how the Supreme Court's acknowledgment and definition of Aboriginal rights has altered conventional approaches to public authority, which view territory as a necessary and sufficient precondition for power. He concludes that Aboriginal rights lay the foundation for an indigenous governmental authority that departs substantially, though not entirely, from the territorial model imposed through colonialism. The author describes Aboriginal rights as jurisdictional rights, part of a rationale of governance separate from that of a generic inherent right to self-government that may be recognized in section 35 of the Constitution Act, 1982. To ...