and subject matter jurisdiction. Each will be dealt with separately, as they raise distinct problems even though they also interact closely. Territory We begin with the principle that an Aboriginal court system should function within each Aboriginal community in Manitoba, be it an Indian reserve or a Metis community. This suggests to us that where there is a community of Aboriginal people with a self-declared and recognizable collective identity distinct from that of the non-Aboriginal people surrounding them, then their "collective right" to govern themselves in accordance with their customs and traditions exists, as well. Their distinctiveness as a community assumes that they also have a distinctive geographical area dedicated or available to them for their use, not necessarily on an exclusive basis. Many Aboriginal communities do not "own" or have a legal claim over the land they occupy. Again, that should not necessarily affect their status as an identifiable Aboriginal community. While territorial ownership would resolve many problematic issues surrounding jurisdiction, it is not necessary, in our opinion, for Aboriginal communities to "own" or have a valid legal claim to the land they occupy in order to be identified as Aboriginal communities for purposes of establishing Aboriginal justice systems. Many examples of this principle arise in Manitoba. Almost no Metis community in the province has valid legal title to the land it occupies, yet its existence as a Metis community cannot be doubted. St. Laurent, Camperville and Duck Bay are Metis communities as distinctive culturally and geographically as any