Essay Help:Reaction Paper
It is the duty of the Crown to make all the necessary consultations with the First Nation people. For instance, there are treaty rights that the aboriginal people are supposed to enjoy in the course of interacting with the Canadian government. Social justice can only be propagated when the basic treaties between the aboriginal people and the government are followed to the letter. Solemn legal obligations are usually invoked when fundamental treaties are not honored. It is also possible to attain positive outcomes and reconciliation when a diplomatic approach is used during treaty negotiations. It may not be necessary at all for the Crown to act in an authoritative manner. In other words, negotiations should be carried out in good faith.
There are also other vital roles that the Crown should perform. For instance, it is supposed to provide guidance to the First Nation people. Although the author asserts that accommodation policies can be used by the Crown during consultation, there is need to adopt quite a number of basic tenets that can be used as guiding principles in the course of treaty formation. Reconciliation, recognition, and respect are some of the key values that ought to be embraced by both parties. In addition, rigorous dispute resolution processes and joint decision making should be adopted when treaties are being formed. Such comprehensive processes will indeed offer an opportunity for the aboriginal people to obtain fair hearings and subsequent consideration.
It is interesting to note that legal principles have been established by the courts. Even the Supreme Court has taken a leading role in providing the necessary legislative interpretations especially in favor of the First Nation people. The latter has made it possible to enforce the obligations of the Crown.
The importance of negotiated solutions and reconciliation has been stressed by the court system. This explains why an empowered judiciary can perform vital tasks if it does not resort to activism in court rooms. As a matter of fact, all the disputes arising from the treaty rights are addressed at the lower judiciary levels quite effectively. There are limited cases when the Supreme Court is engaged in resolving high level disputes.
Crown decisions should be made on the basis of the aboriginal rights. The First Nation people should be given a chance to air their views and concerns. As much as such chances may exist, it can only be prudent for the Crown to facilitate legal assistance to the First Nation people. Dispute over resources such as land and cultural heritage of the aboriginal people are some of the areas of interest that the aboriginal people need to be assisted. The cultural wellbeing of this group has been eroded for a long time. The group has faced little regard from the Crown government. Some of the government departments formed to resolve pending issues have not been very effective in articulating their concerns.
The fiduciary relationship with the aboriginal people is apparently a core determinant in the operations of the Canadian government. However, such an approach may not be sustainable since government affairs should run without interruption in spite of the relationship between the two entities. The Crown should stick to its governance duties without putting the poor relationship into consideration. In addition, it is prudent to recognize the input of INAC towards enhancing a cordial relationship between the Crown and the aboriginal people.