LAWS and JURISDICTION
Two Principles that Relate to Laws and Jurisdiction
- Expansion of Jurisdiction
- Rule of Law
Expansion of Jurisdiction
Expansion of Jurisdiction refers to exercising authority beyond the current limited parameters of the Indian Act. The expansion of jurisdiction can be done in different ways: through accepting offers of delegated authority, through negotiation, and through exercising the inherent right of self-governance. Authority can be assumed incrementally and gradually, or come suddenly thorough a significant legislative change or an act of sovereign will. What is important is that jurisdiction is appropriately expanded consistent with achieving the people’s vision.
Rule of Law
Rule of Law in traditional territories follows when jurisdiction is established. When individuals abide by the laws of the land they validate the legitimacy of the governing authority. The Rule of Law provides clear instruction on acceptable behaviour – behaviour that benefits the community – and the recourse when behaviour is unacceptable. In a civil society, the Rule of Law exists to minimize conflict, between individuals, corporate entities, and individuals and corporate entities. The latter is critical to the realization of successful economic development projects on First Nation land.