Sushkova Yu.N. Legal framework of the self-governance of the indigenous people of Canada

Abstract: The author considers in detail aspects such topics as the history of the struggle of the Canadian aborigines for political rights, evolution, and contemporary models of their self-government system. Special attention is given to the analysis of constitutional framework on self-governance, as well as judicial practice in this sphere. The author discusses the problem of legal recognition of aboriginal rights, based on the fact of first settlement, and, above all, ownership of land and self-governance. The subject of this research includes the study of provisions of the Indian act (1951), according to which the indigenous people were given the right to self-governance through community councils, and division of Indians into the "status-holding" and "non-status". Analysis of the most significant aspects of the legal framework of self-governance of aboriginal peoples in Canada was conducted on the basis of historical, formal-legal, comparative legal methods of scientific research. The main conclusion of this research is the proposition that the aboriginal peoples of Canada are considering self-government and self-determination as a continuation of the system of rights that ensure their livelihoods as a special group. International law and Canadian law must recognize the right to self-governance. The negotiations on self-government in Canada led to the conclusion of several agreements, some of which have constitutional protection and other acts. Various aboriginal groups practice the system of self-government in various forms. For many First Nations government means the ability to make law, which can adjust the Canadian federal and provincial law. The Canadian government partially recognizes the self-government as the legal ability of the community to provide services.

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