The British North American Act - Research Paper Example

These groups have been fighting for recognition and respect for many decades. The question that this begs to be answered is: Is Aboriginal self-government an impractical or unfeasible alternative to Canada? I will argue that it is unfeasible due to various reasons. Firstly, the Canadian constitution and laws do not leave room for the third form of government such as Aborigine self-government (McCormick, nap). Secondly, the different Aborigine groups have conflicting views on what is meant by self-government thus cannot agree on how well to resolve their problems (Russell 5-6). Thirdly, such efforts have failed in the past. Although the constitution guaranteed first ministers conference to address Aboriginal issues, no amendments to the constitution so far have been implemented (Russell 5). Moreover, the perception that Aborigines cannot self-govern and that they will eventually be assimilated into the Canadian system does not favor such an Endeavour.

Aboriginal self-government is an impractical alternative to Canada as the Canadian constitution does not leave room for such an undertaking. According to McCormick (nap), the British North American Act of 1867 only recognized two forms of government: federal and provincial thus a third order is unwelcome. Even if Aborigines would gain self-governance it would be within the confines of Canadian laws. Aboriginals support ted patriation of the constitution in 1982 so that in return, their treaty rights would be identified, defined, and included in the constitution but due to lack of political power, they keep on being marginalized by the federal and provincial laws which favor large voting blocks.

In wanting to self-govern, Aboriginals intend to have their land returned thus seek recognition of land base, Aboriginal title, and treaty enforcement (Russell 6). These pursuits put aboriginal groups against each other as they have competing arguments as to how to achieve them. Furthermore, even if these problems were resolved, most of their problems would remain. Although recognition and rights are given, Aborigines do not understand what this legally means, and the first ministers chosen to pursue their issues rarely do so. Besides, most of these issues are covered by Aboriginal courts through the enactment of laws concerning crime, healthcare, education, and commercial transactions (Russell 11). What would be the need for self-government then?

Perceptions by Aborigines and non-Aborigines themselves also make self-government unfeasible. The Aborigines are often regarded as a ‘disappearing race’ as they get assimilated into Canada. It is believed that they would eventually abandon their identity or give up their rights (Russell 12). This was especially during the Trudeau government. Even in areas that Aborigines are majority their presence is not felt in pushing their agenda hence are regarded as insignificant minorities (McCormick).  Aborigines also are perceived as lacking the capability to self-govern due to their primitivism. Some may be enlightened but do not take leading roles in governance. As such, attaining self-government is a very far goal to achieve, it is impractical.