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then their “collective right” to govern themselves in accordance with their customs and traditions exists, as well. skull jack daniels old number 7 full printing shirt Their distinctiveness as a community assumes that

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experience is that the interjurisdictional quagmire prevalent there should be minimized, or avoided if at all possible. The situation of non-Aboriginal residents of Aboriginal lands may be different somewhat, skull jack daniels old number 7 full printing shirt as they do not share common cultural, linguistic and racial characteristics. On the other hand, if they have chosen to live, pass through or do business in an Aboriginal community, it can be assumed they recognize and accept its jurisdiction. It would not be cost-effective, especially in remote communities, to have the provincial courts be called upon to be responsible for the small number of non-Aboriginal people who are resident on reserves, or who are temporarily present when incidents occur that give rise to legal repercussions. Since the primary purpose underlying the establishment of a separate court system is to empower

Aboriginal people to administer justice for themselves, it is obvious that the court should have authority regarding, at the least, Aboriginal litigants and offenders. Stating this basic premise, however, does not address the entire matter fully. The first issue that arises is whether the jurisdiction should be exclusive or concurrent. Although allowing people to have the maximum possible freedom of choice is attractive in principle, the effect of permitting litigants in all cases to be able to choose between the Aboriginal court and the regular provincial courts would encourage forum-shopping. We begin with the principle that an Aboriginal court system should function within each Aboriginal community in Manitoba, be it an Indian reserve or a Metis community. This suggests to us that where there is a community of Aboriginal people with a self-declared and recognizable collective identity distinct from that of the non-Aboriginal people surrounding them,