Role of the Province in the Establishment of a Tribal Court (From Self-Sufficiency in Northern Justice Issues, P 203-212, 1992, Curt Taylor Griffiths, ed. -- See NCJ-141302)

• NCJ Number: 141311
• Author(s): G Crow; L Roundpoint; M Stevenson
• Date Published: 1992
• Length: 10 pages
• Sale Source: Northern Justice Soc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada
• Note: From a workshop at the fifth meeting of the Northern Justice Society held in Sitka, Alaska, April 1991.

Annotation

This paper examines the issues surrounding the development of tribal courts in Ontario, including the constitutional limitations of the federal and provincial governments, the jurisdiction of tribal courts, and the legislative implications of creating aboriginal courts.

Abstract

The Native community of Akwesasne is currently under six sets of laws: the Ontario Provincial Law, the Quebec Provincial Law, the Federal Law of Canada, New York State Law, United States Federal Law, and the Great Law of Peace of the Mohawks. Some members of the Akwesasne community have almost completed a community code of offenses and court procedures. The code will soon be presented to the justice departments of Ontario, Quebec, and the federal government of Canada. Representatives from the United States and the Mohawk communities will also participate in discussions. The community is working toward what will be the first Native justice system in Ontario. The proposal states that this code will replace the provincial laws, the state law, and the federal law. Akwesasne has its Native police force. When the code goes into effect, the police will be charged with enforcing it. The Whitefish Bay First Nation is currently involved in a framework agreement on self-government, with approximately 24 issues on the table for discussion.