Agreement Of Self Government

First Nations were self-managed long before Europeans came to Canada. In 1876, the Indian Act dismantled traditional systems of government and imposed strict rules for the lives of indigenous peoples. Section 35 of the Constitution Act 1982 recognizes that Aboriginal peoples have an inherent right to autonomy, protected by the Constitution – a right to run their own affairs. Self-determination is a fundamental principle of autonomy, of the treaty process and is also reflected in the UN declaration on the rights of indigenous peoples. Eleven of Yukon`s 14 First Nations are self-administered. This means that First Nations have their own governments that have responsibilities, structures, resources and fiscal powers similar to other municipal or territorial governments in Canada. These First Nations are inspired by their final land agreements, their autonomy agreements and their constitutions. If each first nation reaches its final agreement, it also obtains a self-management agreement (SGA). This agreement emerges from Chapter 24 of the Framework Agreement and defines the powers, authorities and responsibilities of First Nation governments. The agreements provide funding that supports the provision of programs and services at the First Nation level. After the AMS, the First Nation now has the power to pass and pass laws about its country and its citizens, tax them, provide urban planning, and manage or manage countries and resources.

Each first nation will have a constitution that will contain the membership code, establish governing bodies and provide for its powers and protect the rights and freedoms of citizens. As self-governing bodies, First Nations are not prevented from asserting the rights of a Canadian citizen or business. Although the IRC negotiates the agreement on behalf of the beneficiaries, the final agreement aims to create an inuvialuit government different from the IRC. The government will manage the inuvialuit programs and services, while the IRC will continue to manage the assets and rights under the Inuvialuit Final Agreement. Despite this separation of powers, the model will ensure coherence and unity among the institutions that serve the inuvialuit. The BC Claims Task Force, established in 1991 to make recommendations for a contract negotiation process, provided that self-management agreements negotiated through the BC treaty negotiation process would be constitutionally protected. Constitutionally protected autonomy, such as the Nisga`a Treaty, is effectively adopted as Canadian law and cannot be amended unless the three parties – Canada, the BC and the First Nation – agree. Constitutional protection ensures that the self-management powers created by the treaty cannot be removed.

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