Abstract Canada’s constitution is often viewed as a barrier to transformational political change. In the context of Indigenous-state relations, the federal government’s arbitrary jurisdictional control over “Indians and Lands reserved for Indians” under section 91(24) especially frustrates Indigenous nations’ ability to realize self-determination. This frustration persists despite Aboriginal rights being formally entrenched in section 35 of the Constitution Act, 1982. However, the recent Supreme Court of Canada (SCC) decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families (2024) may signal the Court’s acceptance of new informal paths to constitutional change that could support Indigenous people’s inherent right to self-government. We argue that the Court’s reference decision legitimates the use of section 91(24) to respect Indigenous jurisdiction and binds the Crown to such commitments, thus promoting a treaty federalist vision of Canadian federalism backed by the honor of the Crown.
Do et al. (Tue,) studied this question.