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We regard this provision as only one element of the treaties that merely confirms the pre-existing custom name snoopy crocband clog authority to administer and maintain justice. Under this provision of the treaties,

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however, that this be restricted to the same linguistic group. Obviously, the issues surrounding the appropriate basis for the establishment of Aboriginal justice systems are complex. custom name snoopy crocband clog The manner in which this issue is resolved, we believe, must be left to a process of negotiation among the parties, and to a process of implementation involving a monitoring and public reporting mechanism. We discuss how such a sensitive matter can best be implemented later in this report. Ultimately, the greatest security for Aboriginal justice systems is as an aspect of the constitutionally protected rights of Aboriginal people contained within section 35 of the Constitution Act, 1982. It is conceivable that negotiations could occur only between Aboriginal people and the federal government.

However, in view of the current significant provincial role in the administration of justice, we suggest that it would be in the best interests of Aboriginal organizations to ensure that as Aboriginal justice systems are established and developed, provincial institutions be involved to avoid jurisdictional conflicts. Our analysis leads us to conclude that the manner of resolution that appears to provide the greatest potential for the successful establishment of Aboriginal justice systems for both First Nations, Metis and Inuit peoples involves a process of trilateral negotiations, leading to an agreement that contains within it an express provision that the right to establish and maintain Aboriginal justice systems is an “existing treaty or aboriginal right” within the meaning of section 35 of the Constitution Act, 1982. Whether that leads ultimately to a constitutional provision does not deter us from our conclusion that the establishment of Aboriginal justice systems can, with effort and cooperation, be accomplished.