Home | Databases | WorldLII | Search | Feedback Australian Indigenous Law Reporter

Editors --- "Common Ground: A Consultation Workbook - Digest" [1999] AUIndigLawRpr 14; (1999) 4(2) Australian Indigenous Law Reporter 123

Constitutional Working Group
Common Ground: A Consultation Workbook

The Inuit-peopled areas of the eastern and northern NWT have now formed their own territory, Nunavut, as of 1 April 1999, clearing the way and adding urgency for the rest of the NWT to determine its future shape. The workbook excerpted below, Common Ground, has been a valuable part of that consensus-seeking process.

Common Ground captures the likely way forward in its discussion of 'government to government' dealings. It is this approach, rather than the other options for 'combined government' discussed in the document, which are increasingly supported by most Inuvialuit (the Inuit people of the Western NWT north coasts), Dene and MÈtis. The Canadian Federal Government has been actively working with the peoples and regions of the NWT to develop practical indigenous government arrangements within a united NWT. The name of the future entity is also up for grabs, with a facetious movement supporting the name 'Bob' in recognition of the difficulty of achieving consensus on any other. Denendeh or Nahandeh have been the most popular indigenous names proposed.

The Western NWT is a sort of laboratory of political and constitutional innovation. It offers Australians an opportunity to reflect on the pros and cons of structural political change designed to 'reconcile' or accommodate indigenous needs within a contemporary nation-state structure. Like other Canadian indigenous policy developments, of course, it presupposes a federal government which is prepared to help solve problems and recognise indigenous political communities rather than to deny or assimilate them.

Preface

We are living in a historic time. Great changes are taking place - changes that will be important for the way the western territory governs itself in the future. Two new territories will be established. Land claim, treaty and self government agreements will give aboriginal peoples greater control over their lives. These profound changes, driven by recognition of aboriginal peoples' inherent right of self government, division, and the desire of people in the western territory to design a government that reflects their cultures and values, will bring new challenges and opportunities for all of us.

For over 30 years, we have been working to bring people together to create new systems of government that will meet our needs. We have come a long way. We are continuing to build our future on common ground that includes both aboriginal and territorial governments. Now we must go further - we must work together to shape a government at the territorial level that will work for everyone in the west and represent western territorial interests at the national level. It's time to share our ideas and opinions.

How the territorial government and aboriginal governments could work together is the key question to be answered by a new constitution and system of government for the western territory. Consultations have shown that western NWT residents have diverse views on this question.

Another challenge will be to illustrate how a unique form of territorial government, which recognises and helps to implement aboriginal peoples' inherent right of self government, can also incorporate features of existing provincial governments and Canadian parliamentary traditions.

The Constitutional Working Group (CWG) is presenting two approaches and four models for the development of a new constitution and system of government for your review and comment. No decisions have been made yet on the type of government system the new western territory will have. You may suggest other approaches and models which the CWG should consider.

Everyone's views and opinions are very important. Please stay involved and help us develop a new constitution and system of government which reflects the ideas of all western NWT residents. Following consultations at the community and regional levels, a constitutional conference is planned to consider a revised constitutional package.

What is the CWG?

The CWG is composed of western Ministers from the Territorial Government, members from the Western Caucus of the Legislative Assembly, and western aboriginal leaders, or their representatives, selected by the Aboriginal Summit. Representatives of the Western Caucus of the NWT Association of Municipalities, the Status of Women Council of the NWT, the Native Women's Association of the NWT are ex officio members. The Federal Government also fully participates in CWG meetings and the development of constitutional proposals.

To date, the Deh Cho First Nations have chosen not to participate in the CWG. However, they are participating in this consultation process. The Deh Cho First Nations are currently engaged in exploratory talks with the Federal Government regarding their outstanding interests.

Section One

Constitutional development and aboriginal rights in the Western Northwest Territory (NWT)

Past and present

For years, western NWT residents have talked about developing a new constitution and system of government for the western territory. There are many reasons why western NWT residents want to take this step. Some of these reasons are:

• a desire to create a system of territorial government which reflects their cultures and values while continuing to build a significant presence among provinces and territories in Canada;
• a desire for the Territorial Government and aboriginal governments to work together at the territorial level;
• the need to deal with the effects on the present structure of the Territorial Government after division and the formation of the Nunavut Territory on 1 April 1999;
• the Federal Government's willingness to participate in the development of a new constitution for the western territory;
• the Federal and Territorial Governments recognition of the aboriginal peoples' inherent right of self government; and
• the Federal and Territorial Governments commitments to negotiating aboriginal self government agreements.

The process for the development of a new constitution and system of government involves two main tasks:

• the development of a proposal for a revised Federal Act to replace or substantially revise the existing Northwest Territories Act; and
• it may also require the development of a Companion Self Government Agreement (CSGA) to reflect elements of the new constitution that are the expression of aboriginal peoples' inherent right of self government at the territorial level.

A Political Accord, addressing the transition phase following division, may be needed. A Political Accord is a commitment to ensure that all parties will continue to sustain efforts towards the redesign of the institution of government in the western territory after division in 1999. The CWG is taking the lead role in developing proposals for a new constitution, while the Aboriginal Summit is taking the lead role on the CSGA. The Federal Government is involved in the process of developing a new constitution. The Federal Government's interest is to work with the people of the western NWT to develop legislation to implement aboriginal self government agreements, land claim agreements and a new territorial Constitution.

What is a companion self government agreement?

The aboriginal peoples and the Federal and Territorial Governments could negotiate a separate agreement, called a companion self government agreement (CSGA), to guarantee that Aboriginal rights reflected in the constitution will not be amended without the consent of the Aboriginal peoples. The new western constitution may recognise the land claim, treaty and self government rights of aboriginal peoples. Provisions already in the Canadian Constitution that recognise and protect aboriginal rights will also be used to embrace the right of self government. A CSGA would confirm that the aboriginal peoples have been consulted and agree to the expression of these rights in the new constitution. Aboriginal people will have to approve a CSGA through a vote.

The CWG's principles and objectives

The CWG is attempting to establish an innovative constitution and system of government for a western territory based on guiding principles and objectives. The CWG set out principles and objectives in Partners in a New Beginning which was released in October 1996. They have been revised to reflect input and issues raised in ongoing discussions between CWG participants.

Principles

• The new system of government will represent and serve all residents;
• the western governments will include aboriginal government institutions as well as public government institutions;
• there will be community, regional and territorial government institutions;
• the new Constitution will recognise, affirm and accommodate aboriginal and treaty rights, including modern treaties and aboriginal peoples' inherent right of self government. The objective is to ensure aboriginal participation in decision-making to the maximum extent possible with the ultimate goal of effective and accountable government for all;
• as a consequence of self government agreements, there will be a restructuring of power with a view to implementing the inherent right of aboriginal self government and having authority exercised by the government best able to deliver a service most effectively and efficiently;
• the new Constitution will be consistent with the Constitution of Canada, including the Charter of Rights and Freedoms; and
• the new system of territorial government will recognise and help to facilitate the implementation of negotiated aboriginal self government agreements.

Objectives

• The Constitution should be consistent with fundamental democratic principles and aboriginal peoples' inherent right of self government;
• democratic principles include representation by population, taking into account communities of interest and geographic circumstances;
• aboriginal participation in the territorial government would be the expression of the inherent right at the territorial level;
• the Constitution should allow public government and aboriginal self government to work together through coordination, cooperation and consultation at the territorial level consistent with:
• the Constitution of Canada, including the Charter of Rights and Freedoms;
• constitutionally protected treaties and land claims;
• self government agreements with Aboriginal peoples; and
• processes established between Aboriginal peoples and Canada to negotiate such agreements;
• the new Constitution should establish a territorial government which could legitimately assume province-like powers, subject to land claim, treaty and self government agreements, leaving the issue of provincehood to the future.

The Aboriginal Summit's principles on the inherent right of self-government

The Federal and Territorial Governments are currently negotiating self government agreements with aboriginal organisations. On January 21, 1998, the Aboriginal Summit (composed of leaders representing the western aboriginal groups), presented to the Honourable Jane Stewart, Minister of Indian Affairs and Northern Development, the following principles which it considers to be the foundation of negotiating and implementing the inherent right of self government in the western NWT.

1. Aboriginal Peoples in the western NWT have an inherent right of self government, a right which is affirmed and protected by s 35 of the Constitution Act 1982.
2. Aboriginal Peoples in the western NWT vest their inherent right of self government with an aboriginal government, including the authority to negotiate agreements to implement the right. Aboriginal peoples will define who their governments are.
3. The Federal and Territorial Governments, and/or their successors, recognise the aboriginal governments designated by aboriginal peoples in the western NWT to hold their inherent right and to negotiate agreements for its implementation.
4. Self government agreements will empower aboriginal governments in the western NWT with the jurisdiction and authority to safeguard and develop their lands and resources, their languages, cultures and traditions and to ensure the integrity of their societies, without defining the inherent aboriginal right of self government in law.
5. The signing, ratification and enabling legislation of self government agreements will bring into force the recognition and affirmation of the inherent aboriginal right of self government as contained in s 35 of the Constitution Act 1982. The agreements will recognise and affirm aboriginal governments in the western NWT as legitimate governments, and give them legal standing.
6. Aboriginal governments in the western NWT may enter into negotiations with other governments to conclude inter-governmental arrangements.
7. Aboriginal governments in the western NWT have the authority to implement the inherent aboriginal right of self government, in a manner equitable to aboriginal governments elsewhere in Canada.

Federal Government's inherent policy

The Federal Government's policy for the implementation of the inherent right of self government states that:

The Government of Canada recognises the inherent right of self government as an existing aboriginal right under s 35 of the Constitution Act 1982. It recognises, as well, that the inherent right may find expression in the treaties, and in the context of the Crown's relationship with treaty First Nations. Recognition of the inherent right is based on the view that the aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and resources.

In addition, the Federal Government's policy states that:

In the Federal Government's view, the self government aspirations of aboriginal peoples in the NWT can be addressed by providing specific guarantees within public government institutions. The creation of aboriginal institutions to exercise certain authorities may also be a useful approach.

The Federal and Territorial Governments and the Aboriginal Summit are currently engaged in a dialogue on how best to implement the aboriginal inherent right of self government in the western NWT.

Charter of Rights

The Charter of Rights will apply to aboriginal governments and peoples as it does to all other parts of Canada. The current provisions of the Charter that respect the unique aboriginal and treaty rights of aboriginal peoples will continue to apply.

CWG's consultations on partners

In October 1996, the CWG released Partners in a New Beginning. This report described constitutional proposals for how the new western territory could govern itself after division and how aboriginal rights and interests could be protected in a CSGA. The report also provided plans for getting opinions on a preferred approach and approval of a new constitution through a voting process. Every vote will have equal value. Aboriginal residents may be asked to vote on a CSGA. Parliament will be asked to pass a revised Northwest Territories Act for the western territory.

The Plebiscite

After further consultations and a constitutional conference, western NWT residents will be asked to vote in a plebiscite on a preferred approach and model of government. The current territorial Plebiscite Act requires a minimum residency of three years. However, no determination on residency requirements has been made and the three year residency requirement could be changed. Under the Act, the result of a plebiscite is not legally binding, but is an expression of the political will of the western NWT residents.

The Partners report was used as the basis for the CWG's consultations with western NWT communities and the Federal Government in March and April of 1997.

Findings of the Partners consultations

The results of the Partners consultations, published in the Round One Summary Report released in July 1997, were very important for the CWG.

Residents said that:

• the principles and objectives for developing a new Constitution were generally acceptable;
• the focus should be on developing the system of government which is best suited for governing at the territorial level;
• the rights and interests of all western NWT residents must be recognised;
• the draft Constitution must be put to a vote before it is approved; some residents said that voters must have lived in the western territory for at least one year, others suggested five years and some suggested a 10 year residency requirement in order to cast a ballot; and the decision to approve the Constitution must be made on the basis of one person, one vote;
• constitutional development and progress on land claim, treaties and aboriginal self government negotiations needs to be made at the same time;
• a new Constitution should give consideration to the interests of tax-based municipalities and women;
• progress needs to be made on formula financing and the division of assets and liabilities between the western and eastern territories before decisions are made; and
• they needed more time and information to make better decisions.

Residents asked the CWG for:

• more information to help them decide whether to accept the current system of government or to develop a new Constitution and system;
• more choices for how aboriginal governments and public government could work together;
• more choices that would take into account the existence of aboriginal governments at the community and regional levels and the impact that land claim, treaty and self government agreements will have on the government of the western territory;
• more choices that will ensure that all residents are represented in the new system of government;
• opportunities to strengthen partnerships among peoples and governments; and
• information on the role residents will have on accepting or rejecting the proposed constitution and system of government.

The Federal Government and other organisations also provided their input. Their comments included:

• Federal Government objectives for an efficient and fiscally responsible territorial government which will be a strong voice for the western territory, a government for all residents, aboriginal and non-aboriginal, and consistent with the Constitution of Canada and values and traditions of Canada;
• Federal Government concerns over provisions related to aboriginal representation and a potential aboriginal veto of legislation, which may contravene the Charter of Rights and Freedoms;
• Federal Government concerns about the western territory's Legislative Assembly making laws on matters currently under federal jurisdiction, including land claim settlements and federal lands and resources;
• tax-based municipalities concerns that municipal governments will not have the same status or protection as community governments resulting from self government agreements, and that non-aboriginal residents may not have the same access to community government programs and services as Aboriginal residents, or the ability to run and vote in community elections;
• recommendations from the Status of Women Council of the NWT and Native Women's Association of the NWT that women should have 50 per cent of the seats within a Legislative Assembly and the constitution should include a social charter; and
• other organisations indicated they wanted to retain the status quo.

CWG's consultations on finding common ground

Based upon the feedback received in the Partners consultations, the CWG has developed two approaches and four models for creating a new constitution and a system of government for the western territory. The proposed approaches and models are examples for these consultations.

The consultations have three primary objectives:

• to obtain preferences on an approach and model from the residents of the western NWT;
• to make sure that the process responds to concerns raised during the Partners consultations; and
• to get comments from residents on how to complete the constitutional process.

All of the input received will be important in developing a proposal for a new constitution and system of government for consideration at a constitutional conference. Aboriginal leaders may hold additional meetings on the CSGA. A review of the CSGA will occur at the Aboriginal Forum.

The CWG does not have responsibility for developing consensus on the name for a new western territory. The Western Caucus of the Legislative Assembly has requested that western NWT residents submit ideas for naming the western territory. The Aboriginal Summit has also expressed an interest in naming the territory. The Western Caucus wants to present up to three of the most popular suggestions for a vote by western residents to determine the name. If suggestions are made during these consultations, all information will be recorded and passed on to the Western Caucus.

Section Two

Key constitutional issues

There are many issues which must be considered in the development of a new constitution for the western territory. These issues include:

• the recognition and implementation of the inherent right of self government;
• the relationship between the Territorial Government and aboriginal governments;
• the role and perspective of the Federal Government;
• the workability of the new system of government; and
• the affordability of the new system of government.

An overview of these issues is provided below.

Inherent right of self government

It will be important for us to think about some basic 'realities' when we consider the choices for a new Constitution and system of government. For example, a new Constitution and system of government must take into account the recognition of the aboriginal peoples' inherent right of self government, the Constitution of Canada and Canadian parliamentary traditions.

More specifically, a new Constitution and system of government must take into account that:

• a public system of government will continue to provide programs and services for all western NWT residents;
• a public system of government will continue to take over province-like authorities from the Federal Government, subject to land claim, treaty and self government agreements;
• sections of land claim, treaty and self government agreements will be protected by the Canadian Constitution. These agreements cannot be changed without the consent of aboriginal peoples; and
• public government and aboriginal governments will work out ways to implement the inherent right of self government and ensure that public and aboriginal governments are workable and affordable.

There is recognition of public government at the territorial level through the Northwest Territories Act. This will continue into the future. The problem today is the lack of recognition of the political and legal rights of aboriginal governments. In the future self government agreements will bring political and legal recognition of aboriginal governments.

A new Constitution should outline how the aboriginal peoples' inherent right of self government is recognised and implemented at the territorial level.

Aboriginal governments and the Territorial Government

A new Constitution and system of government should provide for relationships between aboriginal governments and the new Territorial Government. These relationships could include:

• Aboriginal governments assuming responsibility for many programs and services now delivered directly by the Government of the Northwest Territories (GNWT) or by local governments created by the GNWT;
• financial agreements for the provision of Federal and/or Territorial Government funding to aboriginal governments;
• the authority of aboriginal governments to generate their own revenues; and
• inter-governmental agreements for the coordination and cooperation between aboriginal governments and the Territorial Government to implement the inherent right of self government.

Commitments to negotiate aboriginal self government

The Gwich'in and the Sahtu Dene and MTtis Comprehensive Land Claim Agreements contain a commitment for the Federal and Territorial Governments to negotiate aboriginal self government agreements with regional aboriginal organisations.

The Gwich'in Agreement states that:

5.1.1 Government shall enter into negotiations with the Gwich'in with a view to concluding agreements on self government appropriate to the unique circumstances of the Gwich'in and in conformity with the Constitution of Canada.

5.1. The objectives of self government agreements shall be to describe the nature, character and extent of self government, the relationship between government and Gwich'in institutions and to accommodate Gwich'in self government within the framework of public government.

The Federal Government has concluded self government agreements with the four Yukon First Nations and has reached a land claim and self government agreement-in-principle with the Nisga'a. Negotiators for the aboriginal peoples in the NWT are seeking to attain at least the same levels of rights and authority as outlined in these agreements. (For additional information on existing self government agreements, please refer to the summary provided Appendix 1 and to the Federal Inherent Right Policy).

Role and perspective of the Federal Government

An Act of Parliament is required to establish the new Constitution. The Federal Government wants to ensure that a new Constitution will incorporate Canadian parliamentary traditions and establish the basis for a strong western territory which governs itself and represents its interests at the national level. The Federal Government wants to ensure that a new Constitution will not prevent further transfers of province-like authorities and the capacity of the territory to continue to evolve toward provincial status as a long term objective. In addition to supporting the development of a new Constitution and system of government at the territorial level, the Federal Government is also an essential party to any CSGA.

The Federal Government will give particular attention to the following elements of a new Constitution and system of government:

• how values and traditions of Canada, will be upheld;
• the flexibility of government institutions;
• how Members of the Legislative Assembly will be chosen;
• how the proposed Legislative Assembly will make decisions;
• the kinds of decisions the Legislative Assembly will make; and
• how the new Constitution and a CSGA will address the inherent right of self government.

The Federal Government says that the new Constitution must be consistent with the Constitution of Canada, including the Charter of Rights and Freedoms. The Federal Government has also stated that it will not support any models which provide for dual votes for aboriginal peoples or for an aboriginal veto in the Legislative Assembly.

Federal Government's response to the Final Report of the Royal Commission on Aboriginal Peoples

The Federal Government, in its response to the final report of the Royal Commission on Aboriginal Peoples, states that:

In the western NWT, the completion of land claims and self government agreements with aboriginal groups will remain a priority. The Federal Government will continue to support the unique dialogue between aboriginal and non-aboriginal people to define a new constitution for the western NWT. One of the major issues will be to explore how public government in the NWT can accommodate the inherent right of self government and the self government aspirations of northern aboriginal people. A parallel challenge will be to ensure that aboriginal people and communities share in the wealth and benefits expected to flow from major resource development in the NWT.

Workability of the new system of government

The Territorial Government will continue to exist under the new Constitution. There will be aboriginal governments at the regional and community levels. Taxed based municipalities, and possibly regional governments, will also continue to exist and function under a variety of forms. There will be cases where these governments share the same authority. For example, both the territorial and aboriginal governments will likely have authority over education and the provision of some social services. There also may be examples where more than one government will have authority to make decisions on the terms and conditions of resource development proposals.

The new system of territorial government will have to be workable. This means that there will be a need for cooperation, coordination and consultation between the Territorial Government and Aboriginal governments in developing legislation, regulations, policies and standards. This will be necessary to reduce overlap, duplication in the delivery of programs and services and to take advantage of economies of scale.

Affordability of the new system of government

Changes in the way the western NWT governs itself will also alter the financial structures of government. New revenue sources for governments could include royalty sharing, the transfer of authorities and resources from the federal government, and revenues from new economic development activities. Land claim and treaty agreements will also inject new monies within the western economy. A small population and a large geographic base will continue to challenge efficiencies in providing programs and services.

The governments will have to be affordable. The cost of running the public government's legislative and administrative institutions cannot undermine the delivery of programs and services. These same principles will also apply to aboriginal, regional and municipal governments. In some instances, the delivery of programs and services at the local level could prove to be more efficient and effective. There may be a need for government in the western NWT to look for additional sources of revenue. It is anticipated that the federal and territorial governments will continue to provide reasonable transitional and ongoing funding to implement a new constitution and self government agreements.

Section Four

Government to Government

During the first round of consultations some people suggested that the new western territory retain the existing Northwest Territories Act and keep existing government structures. However, this is not entirely possible because of the development of aboriginal governments. These new structures will result in fundamental changes of government institutions at the regional and community levels and corresponding changes at the territorial level. The government to government approach retains a model of government similar to the existing structures while, at the same time, recognising and accommodating aboriginal governments. The Legislative Assembly will have no special legislative powers in relation to aboriginal lands and affairs, and there will be no formal sharing of legislative powers or executive powers with aboriginal governments reflected in the new constitution.

The government to government approach focuses on enhancing consultation, coordination and cooperation among the Territorial Government and aboriginal governments. The goal is for aboriginal governments and the Territorial Government to:

• consult with each other regularly to make this system work successfully;
• consult with each other to make changes in their roles and responsibilities;
• coordinate with each other to avoid gaps in service and prevent unnecessary duplication; and
• cooperate with each other to make the best use of their finances and resources.

Inter-governmental arrangements would clarify the roles and responsibilities of the Territorial Government and aboriginal governments. In forming inter-governmental agreements, aboriginal peoples and their governments would be able to:

• use the rights and mechanisms established in land claim, treaty and aboriginal self government agreements to establish their responsibilities and determine their relationships with the territorial government; and
• ask the new Constitution to further clarify their relationships with the territorial government and, possibly, with other aboriginal governments.

In addition, the new Constitution may provide for guaranteed representation for aboriginal people within the Legislative Assembly.

A CSGA would protect those provisions in a new Constitution which provide for cooperation, coordination and consultation processes and structures between the Territorial Government and aboriginal governments. The CSGA will also provide for guaranteed representation and protect consent regarding future changes to the Northwest Territories Act that relate to the government to government relationship.

Model one: government to government model

It is possible that the Northwest Territories Act could remain essentially the same with minor changes to modernise the language, as was done with the Nunavut Act. However, retaining the NWT Act does not mean retaining the status quo (keeping things the way they are now). The negotiation of self government agreements and the recognition of aboriginal governments will result in fundamental changes in the way government works.

Model one takes these circumstances into account. The model assumes that the Legislative Assembly will have no special legislative powers in relation to aboriginal lands, funds and affairs and there will be no formal sharing of legislative powers or executive powers with aboriginal peoples or aboriginal governments.

To the extent that there are partnerships, there may be a need to amend the NWT Act to introduce mechanisms for coordination, cooperation and consultation among the aboriginal governments and public governments.

The Act may also be amended to provide for guaranteed representation for aboriginal people in the Legislative Assembly, in the event of a significant shift in the composition of the western territory's population.

A CSGA may be needed to protect the guaranteed representation of aboriginal people in the Legislative Assembly, and to protect the mechanisms for consultation, coordination and cooperation among governments.

Legislature and Cabinet structure

• A single Legislative Assembly of 14 to 25 members;
• the option for guaranteed representation of aboriginal people in the Legislative Assembly in the event of a significant change in the composition of the western territory's population;
• members will be elected to the Legislative Assembly in the same way MLAs are elected now;
• MLAs will elect a Speaker through convention;
• a Commissioner with largely symbolic powers;
• a Cabinet of MLAs to exercise the powers and duties of an executive branch;
• the Cabinet will be chosen based on evolving political practice and tradition; and
• there will be formal mechanisms requiring consultation, coordination and cooperation between aboriginal governments and the Territorial Government, and among aboriginal governments.

Decision-making scope and power

• The Legislative Assembly may have law-making powers similar to a province, including future jurisdiction over non-renewable resources, subject to land claim, treaty and self government agreements;
• all legislation will be voted on by all members of the Legislative Assembly;
• the Legislative Assembly will have no legislative powers in relation to aboriginal lands, affairs and funds; and
• a bill will become law if it is passed by a majority of the Legislative Assembly.

How decisions affect aboriginal governments, land claims, treaties, and Federal and community governments

• Aboriginal peoples will negotiate self government arrangements at the community and regional levels;
• Aboriginal self government agreements will have a significant influence on the structures and powers of community and regional governments;
• none of the Legislative Assembly's laws can conflict with the Constitution of Canada or Federal legislation;
• territorial legislation cannot change Aboriginal land claim, treaty and self government agreements; and
• self government agreements will contain provisions explaining the relationship between the aboriginal, and Federal and Territorial legislation.