Self-Government and the Constitution: A Comparative Look at Native Canadians and American Indians

Abstract

The self-government rights of American Indians are far more developed and receive a far greater level of protection than those of Native Canadians. In Canada, protections afforded aboriginal people have focused on equal protection of individuals. With the enactment of the 1982 constitutional reforms, Native Canadians face the challenge not of integrating themselves from the constitutional order, but rather, like self-governing American Indian tribes, exiting from it.

Keywords: aboriginal rights, Native Canadians, American Indians, constitutional law