WHAT IS THE DIFFERENCE BETWEEN CONSTITUTIONALLY-PROTECTED SELF GOVERNMENT AND MUNICIPAL-STYLE SELF GOVERNMENT?
In a municipal-style of self government, governance powers are delegated by an act of Parliament and an act of the BC Legislature and have no constitutional protection. The Westbank First Nation Self-Government Act (Bill C-11) is an example of a delegated self-government agreement. Constitutionally-protected self government, like the Nisga’a Treaty, is actually passed as Canadian law, and cannot be changed unless all three parties – Canada, BC and the First Nation – agree. Constitutional protection ensures that self-governing powers established by the treaty cannot be taken away.
