Self government is an aboriginal right, the BC Supreme Court has ruled. By ruling the Nisga'a treaty and enacting legislation are constitutionally valid, Justice Williamson reinforces the validity of the BC treaty process. The decision says the treaty puts content to undefined aboriginal rights, a fundamentally valid thing for treaties to do.
Self government is fundamental to treaty negotiations in British Columbia.
Through comprehensive treaties being negotiated in the province now, agreements covering many aspects of self government will be possible. Self government provisions will differ among treaties but will generally aim to see First Nations have control over those matters that are integral to their cultural survival and that are necessary to manage their lands and resources. The BC Liberal Party had challenged the Nisga'a Final Agreement in the BC Supreme Court arguing the treaty violates the constitution by setting up a Nisga'a government with sweeping powers that are legally reserved for the federal and provincial governments. The court was asked to decide whether the Nisga'a treaty created a new order of government so as to require an amendment of Canada's constitution. Sections 91 and 92 of the British North America Act, it was argued, divide all law-making power between the federal and provincial governments.