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government, including the power to make laws, within the Aboriginal nation’s territory (page312).Other recommendations provide that Aboriginal justice systems should have achoice concerning the types of matters they will determine and which offenders willcome before them. Offences and offenders not dealt with by the Aboriginal justicesystem would be dealt with by the non-Aboriginal justice system. Non-Aboriginalresidents within Aboriginal jurisdictions should have a choice of where their case willbe heard except if the offence is unique to the nation’s system and is designed toprotect cultural values.The Royal Commission recommended that Aboriginal justice systems shouldinclude an appellate structure with a pan-Canadian Aboriginal appeal body. Appealsfrom that body would be to the Canadian Supreme Court. There should be negotiationbetween federal and provincial governments and Aboriginal nations for agreements togovern the nature of Aboriginal justice jurisdiction, the establishment of Aboriginalcharters to supplement the Canadian Charter of Rights and Freedoms and the need toprioritise the interests of Aboriginal women and children in the development ofAboriginal justice systems.RecommendationsIn Canada and the United States governments have shown their willingness todepart from the culture of control which has characterised relationships betweenIndigenous peoples and colonial societies. The change in attitudes in the Canadiancontext is evident in the inter-governmental negotiations between Indigenous peopleson a regional basis. The governments of Canada through creative and inclusivefederalism have recognised Indigenous Canadians’ jurisdiction in a broad range ofareas including those affecting children’s well-being. They have also acknowledgedand made a commitment to negotiating self-government on a local and regional basiswith Indigenous peoples.Given the vastly different circumstances of Aboriginal peoples throughout Canada,implementation of the inherent right cannot be uniform across the country or result in a ‘onesize-fits-all’form of self-government (Government of Canada 1995 page 4).The Canadian Government’s range of negotiation options include IndigenousCanadians living on and off a land base.Metis and Indian groups living off a land base have long professed their desire for selfgovernmentprocess that will enable them to fulfil their aspirations to control and influencethe important decisions that affect their lives (Government of Canada 1995 page 19).In contrast to the Canadian experience, Australian ‘self-governance’ models havebeen established within paternalistic legislative frameworks in which limited powersare delegated and functions are performed with inadequate resources, often in adversecircumstances.Self-determination and responsibility for childrenSelf-determination can take many forms. It could involve a regional agreement

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