On the other hand, it is possible since Bill C-31 for someone starry night vincent van gogh snoopy crocband clog to gain band membership under a First Nation’s membership code passed pursuant to section 10 without qualifying for registration so as to be potentially
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This helps explain the fact that the search for guidance generally has been directed toward the United States. The section 107 court remains in the statute as a vestige of the ignominious starry night vincent van gogh snoopy crocband clog past of federal colonization and domination of reserve life. It has been seized upon by three First Nations who wish to assert some level of control over the local justice system. The restrictions that exist in the Act are such that it offers little promise for the long-term future and is unlikely to satisfy current demands from First Nations to establish their own justice system. At most, it offers a short-term interim measure and an indication that a separate court system can function readily on Indian
reserves without causing grave concerns within the rest of society or the legal community. Jurisdiction over the person varies between the two paragraphs of section 107. The latter is designed solely to apply to registered Indian offenders and other potential accused, as long as the alleged crime “relates to the person or property” of a status Indian. The broader range covered by the first paragraph makes no distinction based upon the race of the accused, or his or her entitlement to registration. As the Act does not tie registration to race explicitly, it is possible for individuals to have no Indian ancestry, yet have gained status under the Act so as to fall clearly within the jurisdiction of this unique court. The accused also does not have to be a member of the band or a resident of the reserve in relation to which the court is functioning.