Aboriginal Self-Government In Canada

Aboriginal Self-Government at the National Level: Progressing towards a Legitimate Goal
The Royal Proclamation of 1763, and the Constitution Act, 1982 that reaffirmed the existing rights of Aboriginals, both establish that it is legitimate for Aboriginal self-government to be located at the national level. A nation-to-nation relationship shows the greatest respect for the sovereignty of the Aboriginal peoples and therefore have the greatest legitimacy. However, it would impossible for Aboriginal groups to make a direct transition from federal jurisdiction to full sovereignty, as they often lack the efficient capacity to self-govern, and there is no clear consensus among the rest of Canadians, about the form that self-government should take.
Mini-Municipalities, Adaptive Federalism, a Third Order of Government and Dual Federalism. Mini-Municipalities would treat Aboriginal groups in a similar manner to the way that municipalities are currently treated, holding powers that are delegated down from another level of government. Adaptive Federalism would see the creation of new forms of public government, along the same lines as the territory of Nunavut. Unlike many modern treaties, the Nunavut only hold total control over a small amount of the total territory, but they gain substantial partial control over a much larger amount of territory. There is still no recognition of the sovereignty of the Inuit, but it does offer a greater amount level of autonomy, even in the areas of only partial control, because of the demographic makeup of the territory. The Third Order of Government model sees the relationship of Aboriginals to Canada, as the same as the relationship between Canada and the Provinces. Sovereignty, instead of just belonging to the Federal and Provincial Governments, would also belong equally to the Aboriginals. Finally, the Dual Federalism model would see the establishment of a second Confederation, that of the Aboriginal peoples, which would act as its own sovereign government equal to that of the Canadian Government. (Abele and Prince
The issue of what form this self-government should take still remains. In line with the relationship established by the Royal Proclamation, Aboriginal self-government should reflect the national characteristic of the Aboriginal peoples. A dual system of federalism, where there are two sets of Confederations (a British North American Confederation and a Treaty federalism), both existing within the same territory is the best solution for self-government in this context. “… [A] ‘treaty’ relationship … means that … relations among sovereign nations are based on diplomatic agreements … not on majority decisions… There is no central government but only negotiated and contractual agreement among governments.” (Abele and Prince 2006, 682) Dual Federalism recognizes the equality between Canada and the